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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

Re transfer to DC

Posted on | December 25, 2009 | 4 Comments

Orly,
In estimation of your near future, January 2010 success in moving the Barnett vs Obama, Civil case to Washington DC, Judge Lamberth’s jurisdiction, I refer to you that American Grand Jury has also submitted its Criminal Presentments to the same Judge Lamberth and to date AGJ has received two “Orders”(replies) from Judge Lamberth in regard to its  Presentment submittal.
To the best of my knowledge, of all the Criminal Presentment submittals to various, nationwide District Courts, carried out by AGJ members to date, since approximately May, 2009, only Judge Lamberth has responded with a “Judges Order”, in this case 2 “Orders”. i.e. “Order” and “Order Response to Motion to Reconsider”. Both “Orders” have been responded to by AGJ.
I reason that the DC District Court location and the confrontation by both parties of Judge Lamberth to carry out his and the DC District Court‘s Constitutional Duty, represents an opportunity for both Civil and Criminal cases against Barack Obama, et all, to become both focused in reinforcement of one another as per the energies of both yourself and your clients and AGJ members and their Presentment submittals to move closer to the removal of Barack Obama from his present unconstitutionally held office.
Sincerely,
Larry Driscoll
Prescott, Arizona 86305

Dr. Orly Taitz, Attorney-at-Law

29839 Santa Margarita Parkway

Rancho Santa Margarita CA 92688

Tel: (949) 683-5411; Fax (949) 766-3078

California State Bar No.: 223433

E-Mail: dr_taitz@yahoo.com

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

Captain Pamela Barnett, et al.,                        §

Plaintiffs,                         §

§

v.                                               §        Civil Action:

§

Barack Hussein Obama,                                 §        SACV09-00082-DOC-AN

Michelle L.R. Obama,                                    §         NOTICE OF MOTION AND

Hillary Rodham Clinton, Secretary of State,  §        MOTION TO TRANSFER

Robert M. Gates, Secretary of Defense,         §        TO Honorable judge

Joseph R. Biden, Vice-President and             §        Royce Lamberth- chief

President of the Senate,                                  §        judge of the district court

Defendants.                     §        for the District of Columbia

NOTICE OF MOTION HEARING AND MOTION TO TRANSFER TO THE DISTRICT OF COLUMBIA

All the parties in the above captioned case are hereby notified of the motion hearing to be held on January 25, 2010, at the Central District Court of California, Santa Ana Division, Judge Honorable David O. Carter, 411 W 4th str. Courtroom 9D, Santa Ana, California, Ronald Reagan Federal Building.  Motion to be heard is the Motion to transfer the above captioned case to Honorable judge Royce Lamberth, chief judge of the US district court for the District of Columbia

MOTION FOR TRANSFER OF THE CASE TO THE HONORABLE ROYCE LAMBERTH CHIEF JUDGE OF THE US DISTRICT COURT OF THE DISTRICT OF COLUMBIA

Pursuant to local rule 7-4 prior to making the motion below the undersigned attorney contacted the US attorneys’ office for the Meet and Confer conference and got a response from the assistant US attorney David DeJutte via e-mail on 12.23.09.

Here come the plaintiffs in this case aside from Willey Drake and Markham Robinson represented by Mr. Kreep and state the following:

  1. During the October 5 motion hearing pursuant to the motion to dismiss due to lack of jurisdiction, the moving parties, the assistant US attorneys David DeJutte and Roger West have argued that they believe that the proper jurisdiction for this case is the District of Columbia.
  2. On October 29 this case was dismissed for want of jurisdiction only and was never heard on the merits, as this court noted in the above order that the proper jurisdiction is the District of Columbia court.
  3. 28 US Chapter 87 §1391 (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
  4. 4. 28 US Code Chapter 87 § 1404 (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
  5. In the interest of judicial economy, for the convenience of parties and witnesses, in the interest of expedient resolution of this case of National importance for “we the people of the United States of America”, in the interest of the National Security and in the interest of Justice, the undersigned counsel respectfully moves the court to transfer this case to Honorable Judge Royce Lamberth, chief judge of the US District Court for the District of Columbia, for the case to be heard on the merits as soon as possible.

MEMORANDUM OF POINTS AND AUTHORITIES

28 US Code Chapter 87 § 1404 (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

Precedents of Biochem Pharma Inc v. Emory University 148F. Supp 2d 11, 13 (D.D.C 2001); Osan Ltd. V. Accenture LLP 2005 U.S. Dist. Lexis 27488; Fleming v Ford Motor Co., 2005 U. S. Dist. Ct. 497559 2006 U,.S. Ct Pleading Lexis 24093 have held that a case can be transferred to another district for the convenience of the parties and witnesses and in the interest of justice, and the transfer analysis requires the district court to weigh the private and public factors involved in the case.

The defendants in this case have already argued for the transfer during the October 5, 2009 hearing, stating that the proper venue is the District of Columbia therefore they cannot argue against this motion. The October 29 order stated that this was the opinion of the court. The undersigned counsel has filed a motion for clarification seeking to find out whether the October 29 order was an order with the leave to amend. As the latest order clarified that this court is not willing to provide for leave to amend in the Central District of California, the only reasonable solution and conclusion would be the transfer of the case to the US District Court of Columbia, for which the defendants have argued previously and to which the plaintiffs now agree as the only viable alternative. All the defendants are residents of the District of Columbia and officials in the federal government in the DC area, which satisfied both the private and public prongs of the test. Appealing the October 29 order to the circuit court of appeals will delay the hearing of the case for a year to a year and a half. Considering the position and influence of the defendants, it might be even a longer process. Transfer of the case to the District of Columbia will resolve any challenges to the jurisdiction on part of the defendants, and would give the plaintiffs an opportunity to start the discovery immediately. This will bring about an immediate resolution of this case, which of course will serve the interest of the parties and public interest. As such the under signed counsel moves this honorable court to transfer the case to the US District Court of Columbia.

PRAYER FOR RELIEF

  1. WHEREFORE, the undersigned counsel respectfully moves this Honorable court to transfer this case to Honorable Judge Royce Lamberth, chief judge for the US District Court for the District of Columbia, for the case to be heard on the merits in the District of Columbia as soon as possible.

/s/ DR ORLY TAITZ ESQ

By:__________________________________

Dr. Orly Taitz, Esq. (California Bar 223433)

Attorney for the Plaintiffs

29839 Santa Margarita Parkway ste 100

Rancho Santa Margarita CA 92688

Tel.:  949-683-5411; Fax: 949-766-7603

E-Mail: dr_taitz@yahoo.com

Category: Latest News, Legal Actions, Letters from Readers and Patriots, Letters/Feedback from Readers

Comments

4 Responses to “Re transfer to DC”

  1. PJ_Foggy
    December 25th, 2009 @ 6:46 am

    When is the hearing in Washington, D.C. going to take place? When is Judge Lamberth going to give you discovery? Can’t these judges see that America is already coming to an end under this usurperin’ dude? When is it going to end?

  2. dr_taitz@yahoo.com
    December 25th, 2009 @ 2:37 pm

    there is a lot of corruption in the judiciary, just as it is in the government and Congress. Until people will take to the streets and demonstrate preserving their 2nd amendment rights to bare arms and organise in militias, the judges will keep deciding for the usurper

  3. Penelope Jeremiah
    December 25th, 2009 @ 9:08 pm

    MERRY CHRISTMAS TO ALL. PRESERVE YOUR RIGHTS TO BARE ARMS. ALTHOUGH IT IS VERY COLD THIS CHRISTMAS AND THIS USURPERIN’ DUDE IS YUCKING IT UP IN HAWAII WITH HIS SHIRT OFF. WELL I GOT A MESSAGE FOR YOU OBAMA… GLOBAL WARMING IS A HOAX! PUT ON A SHIRT YA BIG LUG. WE ARE PRESERVING THE RIGHTS FOR BARE ARMS WORLDWIDE!

  4. Polly T. J
    December 25th, 2009 @ 11:36 pm

    Merry Christmas Dr Orly, Lady Liberty!!!
    All Americans should know that no matter what
    you will prevail!

    Youngsters still need educating!
    Older people mostly cannot be activists but can
    unleash our power where it hurts!!!
    Be the tree that bends in the storm, Dr O, even as the tempest roars above!

    Don’t give,up, Lady Liberty, nothing is more important than this battle, and you must not sway in your resolve, together we must truly beat this terrible threat of…????
    Anyone with any SENSE or intelligence and reason understands what you’re trying to do, rally all patriots to this cause, to the very end, because nothing is worth surrender to Slimey SOCIALISTS!!!