Taitz v Astrue Motion to strike the answer and grant default judgment
Posted on | June 16, 2011 | 11 Comments
Taitz v Astrue Motion to strike and grant default part 2
Taitz v Astrue motion to strike and grant default part 1
Dr. ORLY TAITZ, ESQ
ATTORNEY PRO SE
29839 SANTA MARGARITA PARKWAY, STE 100
RANCHO SANTA MARGARITA CA 92688
TEL: (949) 683-5411; FAX (949) 766-7603
E-MAIL: ORLY.TAITZ@GMAIL.COM
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Dr. ORLY TAITZ, ESQ, PRO SE §
Plaintiff, § Freedom of information violation
§ 5USC §552
v. § CASE # 1:11-cv-00402
§ Assigned to Chief Judge
MICHAEL ASTRUE, Commissioner of the §
Social Security Administration, § Hon. Royce C. Lamberth
§ Designation: FOIA/Privacy Act
§ MOTION TO STRIKE
§
§
Respondent §
Notice of Motion and Motion to strike defendant’s answer
Plaintiff Dr. Orly Taitz ESQ, hereinafter “Taitz” submits this motion to strike the defendant’s answer and issue a default judgment, to be decided on the memorandum of points and authorities provided below and oral argument, if the court deems oral argument to be necessary.
Memorandum of points and authorities
1. Docket of this case reflects, that the answer from the respondent was due on May 3, 2011.
2. Defendant did not furnish his answer on May 3, 2011
3. Plaintiff submitted two requests for default.
4. Defendant submitted his answer 20 days late on May 23,2011
5. Plaintiff respectfully requests the court to strike defendant’s answer and issue a default judgment as the answer was significantly late, and in the interest of the national security of the United States of America, it is crucial to obtain the application for the SSN 042-68-xxxx. Yellow Book Sales v. White, 2:2010cv03062 USDC, E.D.Pennsylvania ;
U.S. ex rel. Time Equipment Rental & Sales v. Harre, 983 F.2d 128, 24 Fed.R.Serv.3d 1113 (8th Cir. 1993). Plaintiff and the United States of America will be prejudiced, if the motion to strike is not granted. The defendant will not be prejudiced by granting the motion at hand.
6. Current FOIA request was made due to the fact that Mr. Barack Obama’s Selective Service certificate shows him using SSN 042-68-xxxx, however SS verification system shows this number to be invalid, never issued to Barack Obama. Exhibits 4, 5
7. For three years Mr. Obama engaged in stonewalling and refused to release his long form birth certificate. Only 5 days prior to the oral argument in Barnett, Keyes at al v Obama 10-55084 in the Ninth Circuit Court of Appeals, Mr. Obama suddenly released his long form birth certificate, which is widely considered to be an attempt to influence the panel of the Ninth Circuit Court of Appeals and make the case before them moot. Taitz, plaintiff in this case, is also an attorney for 40 plaintiffs in Barnett v Obama, which includes complaint by the former UN ambassador Alan Keyes, 10 state representatives and nearly 30 members of the military. While releasing this birth certificate Mr. Obama attacked ones, who challenged his legitimacy due to lack of valid vital records and due to lack of the Constitutional eligibility, calling them “carnival barkers”. He unleashed a verbal and psychological pogrom on everyone, who dared to speak up the truth and challenge the eligibility and legitimacy to the US presidency.
8. May 1 at 10 pm, only a few hours prior to May 2, 9 am hearing Mr. Obama announced capture, assassination and throwing overboard of the body of Osama Bin Laden, which temporarily drowned the eligibility issue.
9. Shortly thereafter Taitz received statements from experts Douglas Vogt, Exhibit 2, Chito Papa Exhibit 3, Paul Irey Exhibit 1, attesting to the fact, that the long form birth certificate, released by Obama, is a forgery.
10. Forged birth certificate is a motif for one to seek a social security number of a deceased individual. Additional information is provided in Exhibit 6, showing evidence of forgery in the application for Social Security number, which was obtained by Barack Obama’s mother, Stanley Ann Dunham. Application purportedly issued in 1959 was filled out on a 1965 form, which clearly didn’t exist in 1959. Therefore, there is a pattern of fraud and forgery in the records of the whole family, which includes Social Security records of Barack Obama, his mother Stanley Ann Dunham, as well as evidence of forgery in the birth certificate and fraud in educational records, IRS records and other vital records of Barack Obama.
11. Evidence, provided in the complaint, first amended complaint and this
motion show, that we have an individual with a forged birth certificate and an invalid Social Security number usurping the position of the president and the Commander-in-Chief by virtue of use of forged and fraudulently obtained vital records. This is the most serious breach of the U.S. national security since the creation of this nation. The interest of protection of the public require urgent resolution of the case at hand.
12. There will be no detriment to the defendant Commissioner of the Social Security administration Michael Astrue, or Mr. Obama if the motion to strike the answer is granted and default judgment is entered and the required application is released, as one cannot be harmed by release of the application for an invalid Social Security number.
13. There is a high likelihood of further stone walling and aiding and abetting Mr. Obama by the U.S. attorneys’ office and the Department of Justice, led by Obama appointee Attorney General Eric Holder, representing the defendant, as prior criminal complaints on the matter by the Plaintiff and thousands of U.S. citizens were unanswered. Additionally, there is evidence of further obstruction of justice by the Social Security administration and the Selective Service administration (Exhibit 7), as thousands of U.S. citizens are trying to verify information above, they are getting responses, that the Internet page for the Social Security administration shows answer “Access Denied” and Selective service blocks citizens by stating, that they exceeded the daily limit for the verification of these documents, even though these citizens never verified such documents before.
14. There is no other remedy, that would provide the information and the document in question.
15. Privacy interests do not attach to release of an invalid document.
16. Balancing the hardships will unquestionably tip the scale in favor of granting this motion and ordering the Social Security Administration to provide to the Plaintiff the original application to the Social Security number 042-68-xxxx.
SUMMARY
Based on all of the above plaintiff Orly Taitz respectfully requests her motion to strike to be granted.
/s/ Dr. Orly Taitz, ESQ
29839 Santa Margarita Pkwy, ste 100
Rancho Santa Margarita CA 92688
ph 949-683-5411 fax 949-766-7603
orly.taitz@gmail.com
Declaration of Orly Taitz
I, Orly Taitz, am over 18 years old, do not suffer from any mental impairment, have personal knowledge of facts described below and will be able to competently testify to following:
1. Affidavit of expert Douglas Vogt is a true and correct copy of such affidavit, provided to me by Douglas Vogt
2. Affidavit by expert Chito Papa is a true and correct copy of such affidavit provided to me by Chito Papa.
3. Notarized letter from expert Paul Irey is a true and correct copy of such letter received by me.
I declare under penalty of perjury and laws of the state of California and United States of America, that all the facts stated and circumstances described above are true and correct statements.
Further, Affiant saith naught.
By _________________________
06.15.2011
/s/ Dr. Orly Taitz ESQ.
CERTIFICATE OF SERVICE
I, Lila Dubert, am over 18 years old, not a party to above action and certify that a true and correct copy of the above pleadings was served on the defendant on 06.15. 2011 via first class mail and will be served by the court via ECF
/s/ Lila Dubert
cc Congressman Darrell Issa
Chairman
House Oversight Committee
2347 Rayburn House Building
Washington DC, 20515
cc Congressman Mike Rogers
Chairman
House Intelligence Committee
133 Cannon House Office building
Washington DC 20515
cc Congressman Sam Johnson
Chairman
House Subcommittee on Social Security
House Ways and Means Committee
2929 N Central Expy, 240
Richardson, TX 75080
cc Congressman Dana Rohrbacher
Chairman
House Subcommittee on Oversight and Investigations’
House Committee on Foreign Affairs
2300 Rayburn House Building
Washington DC 20515
DR. ORLY TAITZ, ESQ
ATTORNEY PRO SE
29839 SANTA MARGARITA PARKWAY, STE 100
RANCHO SANTA MARGARITA CA 92688
TEL: (949) 683-5411; FAX (949) 766-7603
E-MAIL: ORLY.TAITZ@GMAIL.COM
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Dr. ORLY TAITZ, ESQ, PRO SE §
Plaintiff, § Freedom of information violation
§ 5USC §552
v. § CASE # 1:11-cv-00402
§ Assigned to Chief Judge
MICHAEL ASTRUE, Commissioner of the §
Social Security Administration, § Hon. Royce C. Lamberth
§ Designation: FOIA/Privacy Act
§ MOTION TO STRIKE
§
§
Respondent §
PROPOSED ORDER
MOTION TO STRIKE THE ANSWER IS GRANTED
_____________________________________________________
Chief Judge US District Court
District of Columbia
Royce C. Lamberth
Date:_________
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11 Responses to “Taitz v Astrue Motion to strike the answer and grant default judgment”
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June 16th, 2011 @ 3:08 pm
Up in Canada, where the air is crisp and the sky is clear, they see perfectly what is transpiring among their Yankee neighbors:
——
From CANADA FREE PRESS
Obama’s ineligibility: A willfully ignorant Congress
By Lawrence Sellin
Make no mistake about it. Congress has chosen cowardice and political expediency over honesty and the rule of law.
Congress knows that Barack Hussein Obama is ineligible for the Presidency according to the natural born citizen clause of the Constitution.
They know that there is sufficient evidence of felonies to warrant an investigation.
June 16th, 2011 @ 5:16 pm
Don’t I get any credit? You even used my cases.
Good luck. I hope this works.
June 16th, 2011 @ 10:21 pm
kurt coleman/rikker and fogblower have been exposed. They have been a commie tagteam for awhile..
https://www.wnd.com/index.php?fa=PAGE.view&pageId=312281
June 16th, 2011 @ 10:33 pm
There is no real legal or moral basis for denying this case to move foward and for discovery to commence. It is clearly in the best intests of the nation to resolve it as quickly as possible. The longer it festers, the worse it will be.
Do not count on the 2012 election to resolve it, because:
1. Enormous damage is being done daily to our beloved nation
2. the nation’s growth, prosperity, security and peace of mind are compromised and need to resume
3. Terrible precedents are being set which need rectification
4. It is possible that the elections could be manipulated via fraud, or possibly not even held, on some pretext.
5. Even if thje usurper is defeated, it will be extremely difficult to undo all of the mischief. A nullification of the Presidential election would more readily allow the unwinding of many detrimental laws/orders/regulations illegally imposed.
It is to the everlasting shame of the USA and officials we have entrusted its operation to, that this disgraceful and dangerous scandal has not yet been officially exposed or disposed of.
We thank the intrepid attorneys, such as Orly,and alternative media, blogs/web site operators and other patriots who are working so hard to resolve this, before we lose our country toally.
Officials and MSM: act righteously now– or you will be judged by us. We will remember those who did not, or actually even opposed us.
June 17th, 2011 @ 3:59 am
More kurty coleman and billy bryan…needing manhood validation…
https://lamecherry.blogspot.com/2011/06/matter-of-record.html
June 17th, 2011 @ 5:29 am
Linked at https://www.alipac.us/ftopic-137238-days0-orderasc-4347.html
and at https://forums.hannity.com/showthread.php?t=1216821&page=4036
If a default judgment is disallowed, what penalty is appropriate for being 20 days late in responding to a 30 day notice?
June 17th, 2011 @ 7:16 am
America is supporting YOU and GENERAL VALLELY against nefarious usurpation, Dr. Orly:
———
From a WND Poll:
What do you think of Maj. Gen. Vallely’s assertion Obama’s birth certificate is a forgery? (1208 votes)
Vallely is right – the only way to resolve the still-open question about Obama’s eligibility is to subject the original document to forensic analysis 76% (922)
You have to take it seriously when the former deputy commanding general, Pacific Command, says it’s a forgery 13% (154)
Vallely is a brave man for standing up like the kid who said the emperor has no clothes 5%
June 17th, 2011 @ 11:25 am
Boehner blasted! Golfs with commie usurper..
https://www.thepostemail.com/2011/06/17/state-legislators-coming-on-board-about-eligibility-and-government-corruption/
June 17th, 2011 @ 6:56 pm
I have been engaged in the discovery of this matter almost from the beginning.I have been attacked relentlessly by Obama supporters,have been defamed,relentlessly pursued by thugs of the pen.For the record the above blog post records some of my activity.Interestingly enough as I reread these posts made on facebook on Orly Taitz page made over two years ago when the case in California was first thrown out Iwas right on time as to what was needed to get done and encouraged the pursuit of the Social Security number fraud full steam ahead.It appears Orly my advice then is proving to be accurate and fruitful,I pray your tenacity and diligent movements of discovery will become the force which causes this to come to light.For certain if this matter tilts in the favor of the people and the favor of the nation,allot of deceptions will no longer be able to move around us without common knowledge among the population of their dangerous and insidious arrogance unabated. So life is proving truth is more powerful than deceit and violent liars and false accusers.False accusations which are the only shield Obama seems to have as his defensive shield is showing its inability to stop the brilliant accuracy of truth.
I pray this post is a timely congratulations to you.
Warmest regards,
Martin Walt
February 12th, 2012 @ 10:02 pm
Major thanks for the blog article.Much thanks again. Awesome.
February 13th, 2012 @ 12:08 am
Very informative post. Will read on…