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2012-10-02 CDCA - Judd v Obama - Administrative Motion Filed to Correct Record - ECF 11

2012-10-02 CDCA - Judd v Obama - Administrative Motion Filed to Correct Record - ECF 11

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Published by Jack Ryan
12-10-02 11 NOTICE OF MOTION AND MOTION to correct Letter 4 , Notice of Removal, 1 filed by plaintiffs David Farrar, Keith Judd, Leah Lax, Thomas G MacLeran, Larry Rappaport, Orly Taitz, Carol Vita, Lucien Vita. Motion set for hearing on 11/5/2012 at 08:30 AM before Judge David O. Carter. (Taitz, Orly) (Entered: 10/02/2012) 2012-10-02 23:20:54
12-10-02 11 NOTICE OF MOTION AND MOTION to correct Letter 4 , Notice of Removal, 1 filed by plaintiffs David Farrar, Keith Judd, Leah Lax, Thomas G MacLeran, Larry Rappaport, Orly Taitz, Carol Vita, Lucien Vita. Motion set for hearing on 11/5/2012 at 08:30 AM before Judge David O. Carter. (Taitz, Orly) (Entered: 10/02/2012) 2012-10-02 23:20:54

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Categories:Types, Research, Law
Published by: Jack Ryan on Oct 04, 2012
Copyright:Attribution Non-commercial

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10/04/2012

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121
B
9
1011
t2
13
74
15L6
t1
1B
t9
202L22
aa
24
262't
2A
Dr.
Orlv
TaitzESO.
29839
Santa
MarsdritaPkwvSuite
100
Rancho
Santa
Ma"rsarita.
CA
92688
Phone
O49\
683-541I faxO49t766-7603
Emai
I
:
Orlv.taitz(Esmail.cdm
CA
Bar
lic'ense2YT433
C
ounselor
for
Plainti
ffs
Judd
et
al
)
v)
Obamaet
al
)
U.S.
DISTRICT
COURT
CENTRALDISTRICT
OF
CALIFORMA
SOUTHERN
DIVISION
case
l2-cv-1507
Honorable
Judge Carter
Presiding
Administrative
Motion
tocorrect record is
filed
in
conjunction
with
a
Motion forSTAY
and
Expedite
Argument
l.
Plaintiffs by
and
through
their
attorney
request
to
correct the
record
on the
following.
The
court
sua sponte
made
an
entry in the
record
of
the
case
changingthe
schedule
for
return
of
summons
from
21
days
to
60
days,
which
is the
retum
schedule
for
the federal
employees.
Plaintiffs
request
a
correction noting that
only
federal
employees
has
60
days
to
respond, the rest
of
the
plaintiffs
have
only
2l
days
to
respond. Federalemployees
are
Donohue,Astrue, Holder,
Napolitano
and
possibly
Chatfield,who
is
retired
from
thefederalgovernment,but is
sued
in
relation tohis
work,
as
an
employee
of
the federalgovernment.
The
other24nameddefendantshave
to
file
an
answer
within
21
days.
This
is
particularly
Judd
et alv
Obama
etaI Administrative
motion
to correct
docket
Case 8:12-cv-01507-DOC-AN Document 11 Filed 10/02/12 Page 1 of 7 Page ID #:46
 
123
4
61
I
9
10117213
T4
15
t6
L'1
1B
L9
202L2223
24
2526
21
2B
important
as
thisis
an
elections
case,
2012
election is
only
one
monthaway
and
the
time
is
of
the
essence.
2.
Plaintiffs would like to
correct mischaracterization of the
case.
This
case
is
a
newlegalchallenge. Out
of
30named
defendants,2T
defendants are
new
defendants. 3 defendants:
Feinstein, Emken
and
Obama
are
being
currently
sued
in
the Superior court
ofCalifornia.
Feinstein,Emken
and Obama
were
sued
in
elections
challenge
brought
pursuant
toCalifornia
elections code
16100,
16101,
16420-16421
Taitz
v
Obamaet
al
30-2012
-00582135
Superior Court
of CA
JudgeSanders.
Defendants
Emken, Feinstein
and
Obama
were
servedon
July
9,2012.
The
original
challenge
to the
Ca
Primary
election
had
to
be
filed
in the
state
court
pursuant
to
16100-16-101.Defendants
didnot
respond
to
service
and
the
case
management conference
is
set
for
October
22
before
Honorable
judge
Sanders.
Current
case
in
thefederal court
is related
to the ongoingelections
challenge
in
the
California
Superiorcourt.
Plaintiffs
request
to
correct
the docket in
noting
that
thisis
a
new
case
and
in
relationto
three
of
the
30 defendants
it
is related
to
a case
fil
in
CA
Superiorcourt.
Plaintiffs
request
to
treat
this
caseas
a
case
challenging
the
violation of
Constitutional
rights
of
the
Plaintiffs
and
relatingto
the elections
challenge
filed
in the
state
court.
In2010,
a
candidate
to
the
U.S.
Senate Joe
miller
has
filed
and
elections
challengeand
an
accompanying
case
of
civil
rights
violations
in
the Federal
court.
In
Miller
v
Campbell3:10-cv-252
RRB
U.S.
pistrict
Court
Judge
Ralph
Beistline
ruled:". .
.
Therefore
,for the
reasons
articulated
aboveand
by
Defendants
intheirMotiontoDismi-ssforLack ofFederalQuestionJurisdictionorin theAlternativeto
Abstain
at
Docket
Lf
,whichPlaintlff
responded
to at
Docket
20,
thj-s
matteris hereby
STAYED
so thattheparti-es
may
bringthisdisputebeforetheappropriateStatetribunal.TheCourtshall
Judd
etalv
obama
et
a1
Administrative
moti-on
to correct
docket
Case 8:12-cv-01507-DOC-AN Document 11 Filed 10/02/12 Page 2 of 7 Page ID #:47
 
1
23
4
5
61o
9
1011L213
T4
15L6
L'7
1B
19202L22232425
26
21
2B
retainjurisdiction
pursuant
to
pullmanand
wirl
remain
availableto reviewanyconstitutional
issues
that
may
exist
once
the
State
remedies
have been
exhausted.
fn
order
to
ensure
that
these
serious
State
]aw
issues
are
resolved
prior
to
certificationof theelection,theCourt
hereby
conditionally
GR,iAIITS
Plaintiff's
motion
to enjoincertificationof the election.If
an
actlonis filedin State
Courton
or
before
Novernber
22,
2OLO,
the resultsof thiselection
shatl
not
be
certified until
the
legal
issues
raised
therein
have
been
fully
and
finally
resolved.IT
IS
SO
ORDERED.ENTERED
this
19th
day
of
November,
2010.s/RALPH
R.
BEISTLTNEUNITED
STATES
DfSTRICTJUDGE".
Plaintiffsare
seeking
a notation
by
the
court
statinqthat thisisrelated
case
toTaitzv
Obama
et al
30-
2072-00582135.
Conclusion
Administrative
motion
should
be
granted.
Docket
should
be
corrected,reflecting that
non-federal
defendants
have
only
21
days t.o
respond.
Correction
shoul-d
be
made
reflecting thatthisis a
new
case,
nota
removal
case,
but itis
correfated
withthe
state
lections
challenge
Taitz
v
Obamaet
al 30-2012-00582135SuperiorCourt
of
CA
Judge
Glenda
Sanders.
Respectfullysubmitted
Judd
et alv
Obama
et aIAdministrative
motion
to correct
docket
Case 8:12-cv-01507-DOC-AN Document 11 Filed 10/02/12 Page 3 of 7 Page ID #:48

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