Update in MS. Judge Coleman provided new suggested dates.Plaintiffs are requesting a clarification on the status of the case
Posted on | April 17, 2012 | 11 Comments
Taitz v. Democratic Party of Mississippi, et al, 1 JD Hinds County Circuit Court, # 251-12-107 CIV
Robert Kenneth Coleman
9:53 AM (36 minutes ago)
to me, Harold, Justin, Scott, Samuel, Francis, Barbara
Please be advised that the court has the following dates available for above referenced cause: April 30, week of May 7th, 22-25 of May, 2012. These dates are subject to the availability of a courtroom and court reporter. The court is asking the court administrator to please advise as to the availability as soon as feasible. Counsel will confer as soon as possible and advise the court of dates agreeable.
(s) R. Kenneth Coleman
Phone:redacted
Reply
Reply to all
Orly Taitz
10:30 AM (0 minutes ago)
to Brian, Fran, gilbert, nagamine, Laurie, leahlax1234, Samuel, Tom, Robert, Harold, Justin, Scott
Request for clarification
Dear Judge Coleman,
1. Plaintiffs received this e-mail below from Your Honor with suggested alternative hearing dates and they are requesting a clarification. April 16 motion hearing was scheduled due to the motions to dismiss by the defendants. Those motions became moot, as the defendants filed answers to the complaint and we are now in the discovery phase and the subject matter of the April 16th motions to dismiss became moot.
2. Plaintiffs filed by first class mail and e-mailed Your Honor their first Amended Complaint the same day as the defendants filed their answer to the original complaint. The right to amend is usually given freely particularly as it applies to the Pro Se Plaintiffs and to the first amended complaint and not the second or third or tenths amended complaint. Plaintiffs are requesting clarification from Your Honor, whether Your Honor considers the first Amended complaint to be a complaint as of right, as it crossed in the mail with the answer or whether Your Honor gives the Plaintiffs leave for the First Amended Complaint.
3. As we are in discovery phase, Plaintiffs need to serve defendants and witnesses with subpoenas for production of records and depositions. Plaintiff Taitz is an attorney in good standing in the state of CA, just as the Defendant’s co-counsel attorney Tepper. The court waived technical requirements for Tepper and allowed him pro hac vice without Tepper’s full compliance with the rules and after the clerk denied Tepper’s pro hac vice for not complying with the rules and not providing his address.
Attorney and Plaintiff Taitz is requesting impartiality and the same consideration to her as was given to Tepper. She is willing to provide all her information. Her only problem, is lack of signature of local counsel to co-sign pro hac vice and to be a local contact, simply because this is a pro bono civil rights case and the subject matter is explosive, showing the sitting US President and Presidential candidate Barack Obama using forged identification papers. Most attorneys around the country and in MS are scared to touch this issue and particularly do it pro bono.
Taitz was granted hac vice in several states: TX, GA, PA without a signature of a local attorney contact. Taitz is requesting Your Honor the same consideration, to grant her pro hac vice without the local contact, so that she can issue MS subpoenas and have them simply co-signed by the clerk of the court instead of having to bother Your Honor with request to issue each and every MS subpoena for production of records and deposition.
4. Taitz is requesting a ruling on prior requests for subpoenas that were submitted to Your Honor.
5. It appears that until all of the above issues are clarified by Your Honor, it is pointless to even schedule a hearing as the parties do not know, what is the status of the case and what motions are moot, what motions or pleadings are ripe for a hearing, what witnesses can be subpoenaed.
Respectfully
/s/ Dr. Orly Taitz, ESQ
cc all parties and counsel of record
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11 Responses to “Update in MS. Judge Coleman provided new suggested dates.Plaintiffs are requesting a clarification on the status of the case”
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April 17th, 2012 @ 1:34 pm
What are the rules of discovery? Does Tepper have the right to see the names of the witnesses even while you are still in the process of discovery? If not, is it possible that the Judge would rule in the defendent’s favor?
April 17th, 2012 @ 1:40 pm
I do not understand your question? What names of witnesses?
April 17th, 2012 @ 2:37 pm
In any case counsel for both sides have a right to know any witnesses their opponent plans to call and what their testimony will entail, any witnesses they plan to depose and any exhibits planned to be used in deposition and/or court, in advance (and with proper notice) of counsel doing so.
April 17th, 2012 @ 2:43 pm
right now we are waiting for judge Coleman to either grant me pro hac vice to issue subpoenas in MS or he needs to sign the subpoenas himself. The fact that this judge sat on the case for over a month and did not even contact the parties until after the primary and now is not granting pro hac or does not sign MS subpoenas, leads me to believe that there is some pressure on him to kill this case, and I am just about ready to go to the Supreme court of MS with a formal complaint
April 17th, 2012 @ 2:52 pm
Bruriah Sarah
Tepper will receive a witness list from Orly prior to the trial. The judge will decide on the motions by both parties prior and during the trial. The decision on the merits of the case will come at the end of the trial. Check with Orly for she is the lawyer.
Kurt
April 17th, 2012 @ 3:06 pm
Mr. Knabke is correct
April 17th, 2012 @ 3:07 pm
A formal complaint to the MS Supreme court will get the notice it deserves. More than likely, the circular file.
Why should you be granted pro hac vice when you can not get an attorney to sponsor you? Why should you always get by without following the court rules?
April 17th, 2012 @ 3:56 pm
Coleman granted Tepper pro hac without following the rules
April 18th, 2012 @ 8:56 am
Where,
Were you not informed that this case was all about not following the rules? That is just what the defendents did not do, was follow the rules. Next time try reading the case before commenting on it.
Kurt
April 18th, 2012 @ 8:30 pm
Tepper is not important. Obama is important, finding 1 honest judge is important. FOX is part of the establishment, thay are controlled opposition
April 19th, 2012 @ 6:07 am
there will be no hearing on the 7th. It was cancelled until the Suprem Court rules on my petition to appoint another special judge