Below is the motion for reconsideration or certification of interlocutory appeal that i have submitted during the April 14th hearing in FL, docket#27 04.15.10, request for action on 04.16.10
Posted on | April 21, 2010 | 6 Comments
U.S. District Court
Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:10-cv-00091-RV-EMT
STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al Assigned to: SENIOR JUDGE ROGER VINSON Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY Cause: 28:2201 Declaratory Judgement |
Date Filed: 03/23/2010 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant |
Plaintiff | ||
STATE OF FLORIDA BY AND THROUGH BILL MCCOLLUM |
represented by | BLAINE H WINSHIP OFFICE OF THE ATTORNEY GENERAL – TALLAHASSEE FL THE CAPITOL STE PL-01 400 S MONROE ST TALLAHASSEE, FL 32399 850-414-3657 Fax: 850-488-4872 Email: blaine.winship@myfloridalegal.com ATTORNEY TO BE NOTICED |
Plaintiff | ||
STATE OF SOUTH CAROLINA BY AND THROUGH HENRY MCMASTER ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF NEBRASKA BY AND THROUGH JON BRUNING ATTORNEY GENERAL |
represented by | KATHERINE JEAN SPOHN NEBRASKA ATTORNEY GENERAL’S OFFICE 2115 STATE CAPITOL LINCOLN, NE 68509 402-471-2834 Fax: 402-471-1929 Email: katie.spohn@nebraska.gov ATTORNEY TO BE NOTICED |
Plaintiff | ||
STATE OF TEXAS BY AND THROUGH GREG ABBOTT ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF UTAH BY AND THROUGH MARK L SHURTLEFF ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF LOUISIANA BY AND THROUGH JAMES D BUDDY CALDWELL ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF ALABAMA BY AND THROUGH TROY KING ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF MICHIGAN BY AND THROUGH MICHAEL A COX ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF COLORADO BY AND THROUGH JOHN W SUTHERS ATTORNEY GENERAL |
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Plaintiff | ||
COMMONWEALTH OF PENNSYLVANIA BY AND THROUGH THOMAS W CORBETT JR ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF WASHINGTON BY AND THROUGH ROBERT M MCKENNA ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF IDAHO BY AND THROUGH LAWRENCE G WASDEN ATTORNEY GENERAL |
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Plaintiff | ||
STATE OF SOUTH DAKOTA BY AND THROUGH MARTY J JACKLEY ATTORNEY GENERAL |
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V. | ||
Defendant | ||
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES | represented by | BRIAN G KENNEDY US DEPT OF JUSTICE CIVIL DIVISION 20 MASSACHUSETTS AVE NW WASHINGTON, DC 20530-0001 202-514-3357 Fax: 202-616-8470 Email: brian.kennedy@usdoj.gov ATTORNEY TO BE NOTICEDERIC B BECKENHAUER US DEPARTMENT OF JUSTICE – WASHINGTON DC CIVIL DIVISION FEDERAL PROGRAMS BRANCH 20 MASSACHUSETTS AVE NW WASHINGTON, DC 20530 202-514-3338 Fax: 202-616-8470 Email: eric.beckenhauer@usdoj.gov ATTORNEY TO BE NOTICED |
Defendant | ||
KATHLEEN SEBELIUS IN HER OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
represented by | BRIAN G KENNEDY (See above for address) ATTORNEY TO BE NOTICEDERIC B BECKENHAUER (See above for address) ATTORNEY TO BE NOTICED |
Defendant | ||
UNITED STATES DEPARTMENT OF THE TREASURY | represented by | BRIAN G KENNEDY (See above for address) ATTORNEY TO BE NOTICEDERIC B BECKENHAUER (See above for address) ATTORNEY TO BE NOTICED |
Defendant | ||
TIMOTHY F GEITHNER IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF TREASURY |
represented by | BRIAN G KENNEDY (See above for address) ATTORNEY TO BE NOTICEDERIC B BECKENHAUER (See above for address) ATTORNEY TO BE NOTICED |
Defendant | ||
UNITED STATES DEPARTMENT OF LABOR | represented by | BRIAN G KENNEDY (See above for address) ATTORNEY TO BE NOTICEDERIC B BECKENHAUER (See above for address) ATTORNEY TO BE NOTICED |
Defendant | ||
HILDA L SOLIS IN HER OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR |
represented by | BRIAN G KENNEDY (See above for address) ATTORNEY TO BE NOTICEDERIC B BECKENHAUER (See above for address) ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
03/23/2010 | 1 | COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY filed by STATE OF FLORIDA – Filing Fee $350, Receipt Number: 1129-1533627) (WINSHIP, BLAINE) **Modified on 3/23/2010 to correct “docket text” (laj). (Entered: 03/23/2010) |
03/23/2010 | 2 | CIVIL COVER SHEET. (WINSHIP, BLAINE) (Entered: 03/23/2010) |
03/24/2010 | 3 | Summons Issued as to TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (krb) (Entered: 03/24/2010) |
03/29/2010 | 4 | NOTICE OF HEARING. Rule 16 Scheduling Conference set for 4/14/2010 09:00 AMin U.S. Courthouse Pensacola before SENIOR JUDGE ROGER VINSON. (lcu) (Entered: 03/29/2010) |
03/30/2010 | 6 | (Deficiency) ORDER – The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 3/30/2010. (laj) (Entered: 03/30/2010) |
04/05/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: (4) Proposed Deficiency Orders received from pro se litigants S. Schonberg and P. Mitchell). (laj) (Entered: 04/05/2010) | |
04/05/2010 | 7 | (Deficiency) ORDER – The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010) |
04/05/2010 | 8 | (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010) |
04/05/2010 | 9 | (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010) |
04/05/2010 | 10 | NOTICE of Intent to Apply for Leave to Intervene by pro se litigant Paul Andrew Mitchell – filed pursuant to 8Order. (laj) (Entered: 04/06/2010) |
04/05/2010 | 11 | NOTICE (titled First Supplement to Proof of Service) by pro se litigant Paul Andrew Mitchell – pursuant to 9Order. (laj) (Entered: 04/06/2010) |
04/05/2010 | 14 | (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/07/2010) |
04/05/2010 | 15 | MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System – pursuant to 14Order. (laj) (Entered: 04/07/2010) |
04/06/2010 | 17 | Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) – Attachments not scanned. (laj) (Entered: 04/07/2010) |
04/07/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 17Notice and MOTION to Intervene. (laj) (Entered: 04/07/2010) | |
04/08/2010 | 18 | ORDER – Denying Dr. Orly Taitz’s (in pro se) 17Motion to Intervene. Signed by SENIOR JUDGE ROGER VINSON on 2/8/2010. (laj) (Entered: 04/08/2010) |
04/12/2010 | 20 | MOTION to Intervene (titled Ex Parte Uninsured Individual Taxpayer Salamone Petition) filed by pro se litigant Gary Paul Salamone. (laj) (Entered: 04/13/2010) |
04/12/2010 | 21 | MOTION of Proposed Intevenor Steve Schonberg to Intervene As A Plaintiff. (laj) (Entered: 04/13/2010) |
04/12/2010 | 28 | (Amended) MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System. (laj) (Entered: 04/15/2010) |
04/13/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 20 MOTION to Intervene, and 21MOTION to Intervene. Also referred Proposed Deficiency Order (Motion for Admisison to CM/ECF System, received 4/12/10). (laj) (Entered: 04/13/2010) | |
04/14/2010 | 23 | Pro Se Rule 24 MOTION to Intervene As Party Defendant by Robert P. Smith, Jr. (with Supporting Memorandum, ND Fla. R7.1(a). (laj) (Entered: 04/14/2010) |
04/14/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 23MOTION to Intervene. (laj) (Entered: 04/14/2010) | |
04/14/2010 | 24 | Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON: Scheduling Conference held on 4/14/2010. Scheduling Order to be entered. (Court Reporter Donna Boland.) (jrm) (Entered: 04/14/2010) |
04/14/2010 | 25 | NOTICE of Appearance by KATHERINE JEAN SPOHN on behalf of STATE OF NEBRASKA (SPOHN, KATHERINE) (Entered: 04/14/2010) |
04/14/2010 | 26 | FINAL SCHEDULING ORDER re 24Scheduling Conference. Plaintiff’s date for filing an amended complaint: 5/14/10. Defendants’ date for filing a motion to dismiss: 6/16/10. Plaintiffs’ date for filing a brief in opposition to motion to dismiss: 8/6/10. Defendants’ date for filing a reply to Plaintiffs’ opposition brief: 8/27/10. Oral argument on Defendants’ motion to dismiss: 9/14/10 at 9:00 AM. Discovery deadline: 9/14/10. Signed by SENIOR JUDGE ROGER VINSON on 4/14/10. (tdg) (Entered: 04/14/2010) |
04/14/2010 | 27 | Notice and MOTION for Reconsideration or MOTION (titled Request) for Certification for Interlocutory Appeal – Re: 18Order. (laj) (Entered: 04/15/2010) |
04/15/2010 | 29 | ORDER – Denying 28Pro Se Motion of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System. Access to the CM/ECF System requires a PACER account with proper registration and fee payment. Only admitted attorneys can file electronically. Signed by SENIOR JUDGE ROGER VINSON on 4/15/2010. (laj) (Entered: 04/15/2010) |
04/15/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 27 Notice and MOTION for Reconsideration re 18Order on Motion to Intervene. (laj) (Entered: 04/15/2010) | |
04/16/2010 | 30 | Pro Se Movant Intervenor Robert P. Smith’s Supplemental MEMORANDUM of Law Supporting 23MOTION to Intervene. (laj) (Entered: 04/16/2010) |
04/16/2010 | ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 30Memorandum in Support. Also referred a Proposed Deficiency Order (Entry of Appearance from Stephan P. Wallace, received 4/15/10). (laj) (Entered: 04/16/2010) | |
04/20/2010 | 32 | NOTICE of Appearance by BRIAN G KENNEDY on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (KENNEDY, BRIAN) (Entered: 04/20/2010) |
04/20/2010 | 33 | NOTICE of Appearance by ERIC B BECKENHAUER on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (BECKENHAUER, ERIC) (Entered: 04/20/2010) |
DR. ORLY TAITZ, ESQ
IN PRO SE
CSB #223433
29839 S. Margarita Pkwy.
Rancho Santa Margarita CA 92688
ph. 949-683-5411
fax 949-586-2082
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Pensacola Division
STATE OF FLORIDA et al, Case No. 3:10-cv-91
v.
UNITED STATES DEPARTMENT OF Notice & Motion for
HEALTH AND HUMAN SERVICES; Reconsideration or
Request for Certification
KATHLEEN SEBELIUS, in her official For Interlocutory Appeal
APRIL 14, 2010, 9:00AM
capacity as the Secretary of the United States
Department of Health and Human Services; Oral Argument Requested
UNITED STATES DEPARTMENT OF
THE TREASURY; TIMOTHY F.
GEITHNER, in his official capacity as the
Secretary of the United States Department
of the Treasury; UNITED STATES
DEPARTMENT OF LABOR; and HILDA
L. SOLIS, in her official capacity as Secretary
of the United States Department of Labor,
Defendants,
AND
DR. ORLY TAITZ, ESQ.
Movant.
___________________________________________/
NOTICE & MOTION
COMES NOW, DR. ORLY TAITZ, ESQ IN PRO SE (hereinafter referred to as “DR. TAITZ”), and pursuant to Rule 24 of the Federal Rules of Civil Procedure, hereby files this Motion to Intervene, as a Plaintiff of Right or in the alternative with the Court’s permission said motion to be heard on April 14, 2010 at 9AM or as soon thereafter as practicable with oral argument requested and as grounds therefore, movant states as follows:
Background of the case
This case is being followed by millions of American citizens all over the country, as 80-85% of the citizens according to America on Line and Pew polls are aware of the issue of Mr. Obama’s illegitimacy to US Presidency. Taitz has given over 800 media interviews in regards to this and similar litigation, and some 36,000 media outlets all over the world follow this case. April the 10tharticle by World News Daily editor Bob Unruh has provided excerpts of articles from The Nigerian Observer, AP-Sunday Standard of Kenya and others quote Mr. Obama as Kenyan born. Same article quotes Michelle Obama and NPR calling Kenya “Barack Obama’s homeland”.
Legal argument
While Your Honor issued an order on April 8, 2010, acknowledging Taitz legitimate interest in the current action, your Honor denied motion for intervention citing need for expediency in handling of this case. While the intervener Taitz whole heartedly agrees with your Honors logic in need for expediency, Taitz argues that intervention will not prolong the discovery and adjudication of this case, but rather will significantly shorten this litigation, as well as eliminate the need for future litigations on upcoming Cap and Trade Bill, Immigration reform bill or any other bill to be signed by Mr. Obama. If Mr. Obama became a US president by virtue of fraud and concealment of all of his vital records, Health Care bill signed by him is null and void and this matter can be resolved in one day, by subpoena of Mr. Obama’s live birth file from the Kapiolani Hospital, where Mr. Obama recently decided he was born, subpoena of his social security application, as well as his original birth certificate from Hawaii, which should show the name of the Hospital, name of the attending physician and signatures of three persons in attendance.
Exhibits, submitted with the original motion, have not been scanned and docketed, and therefore the intervener is not sure whether Your Honor has seen them. Those exhibits show that not only Mr. Obama did not qualify for US presidency due to his multiple citizenships, allegiance to three other nations and lack of any documents acceptable by any court of law to prove his birth in Hawaii, those exhibits show affidavits from a recently retired Homeland Security deportation officer, private investigator, licensed with the department of Homeland security and yet another licensed investigator, formerly elite Scotland Yard officer, working in organized crime and communist proliferation units. (Exhibits 1-4) All three investigators as well as Selective service records show that Mr. Obama does not even have a valid US Social Security number. SSN 042-68-4425 used by Mr. Obama most of his life was issued in the state of Connecticut to another individual. Similarly, most reliable and widely used databases LexisNexis and ChoicePoint show him using multiple Social Security numbers of deceased individuals, as well as numbers that were never assigned.
New information came on April 10, 2009. A World Net Daily magazine article shows a compilation of articles from different news papers from Africa, quoting Obama as “Kenyan born”, as well as interviews on NPR and 2009 speech by Michelle Obama, naming Kenya, as Obama’s homeland.
Millions of Americans are following this legal action and wondering, why wouldn’t your Honor take one day to subpoena production of Mr. Obama’s vital records and resolve this and any further litigation regarding Mr. Obama’s legitimacy to sign bills or treaties. If you are concerned with expediency of litigation, why wouldn’t you spend one day on verification of the records of the party, who signed the bill, rather then spend months and possibly years reviewing legitimacy of some 2,600 pages of the bill under the Commerce clause.
Taitz agrees that Your Honor has discretion on permissible intervention, however such discretion cannot not be capricious, cannot not show bias, should show that all citizens are treated equally under the law, it should show that the judiciary is not influenced by the executive branch and the judiciary should not become an accomplice in aiding and abetting top governmental executive in commission of a crime.
Each and every American citizen knows, that if he were to use Social Security numbers of other individuals or numbers never assigned, not only this very court would remove him from office, not only Your Honor will deem null and void each and every document signed by a person occupying a position by fraud, but Your Honor will also sentence any other US citizen to a lengthy prison term for commission of a felony. American citizens need to know that nobody is above the law .
Another new fact, influencing consideration of the motion in question, is a recent act of refusal to deploy by a top US army officer Lt Col Terrence Lakin, who stated that he will subject himself to Court martial, rather then serve under the Commander in Chief, who did not prove his legitimacy.
Not allowing the plaintiff to intervene and not reviewing the issue of legitimacy of the President who has signed this bill, will ultimately lead to further revolting of US military officers and undermining of US military. Members of US military and American citizens at large have a heightened expectation of action and fairness in this matter by Your Honor, in light of the fact that Your Honor serves as a judge on the Federal Intelligence Surveillance Court, as well as the fact that all of the information provided to the court, was provided to the Attorney General Eric Holder, Mr. Obama’s appointee, however no response was received from Mr. Holder in the period of over a year.
Additionally, while Taitz agrees with your Honor, in that the states are well represented in this case, none of highly esteemed attorneys has any background in medicine or medical care. While a whole class of Medical providers will be negatively affected by the institution of Universal Healthcare, none of the current plaintiffs has either knowledge or standing to represent this class of plaintiffs. While the Commerce clause appear to be a common thread in both classes of plaintiffs, Violation of the 9thamendment, as well as interference in the existing contracts will be unique to the medical providers and those rights will not be protected by the original parties. Taitz is uniquely positioned in being a licensed doctor of Dental Surgery, having B. Med Sc, previously serving on the board of one of the Health Maintenance organizations, practicing for over twenty years and having first hand knowledge of socialist healthcare, as someone who was born and raised in a Socialist country.
Wherefore
In light of all the additional information provided, Taitz requests reconsideration and granting of the Intervener status or Certification of the interlocutory Appeal.
/s/ Orly Taitz
Dr. Orly Taitz ESq
29830 Santa Margarita Pkwy, ste 100
Rancho Santa Margarita, CA 92688
Comments
6 Responses to “Below is the motion for reconsideration or certification of interlocutory appeal that i have submitted during the April 14th hearing in FL, docket#27 04.15.10, request for action on 04.16.10”
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April 22nd, 2010 @ 12:57 pm
PUBLIC SUPPORT is overwhelmingly on YOUR side, Dr Orly! The NY Daily News poll ended up at 83% of the respondents demanding Clarification of Obama’s CONSTITUTIONAL ELIGIBLITY….the Tsunami of Constitutional Support HAS BEGUN!
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