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2012-05-04 - MDEC Memo in Support of Motion for JOP with Exhibits

2012-05-04 - MDEC Memo in Support of Motion for JOP with Exhibits

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Published by Jack Ryan

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Published by: Jack Ryan on May 05, 2012
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10/24/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF MISSISSIPPIJACKSON DIVISIONDR. ORLY TAITZ, ESQ., BRIAN FEDORKA, PLAINTIFFSLAURIE ROTH, LEAH LAX, and TOMMacLERANVS. CIVIL ACTION NO. 3:12-cv-280 HTW-LRADEMOCRAT PARTY OF MISSISSIPPI, DEFENDANTSSECRETARY OF STATE MISSISSIPPI,BARAK HUSSEIN OBAMA, OBAMAFOR AMERICA, NANCI PELOSI,DR. ALVIN ONAKA, LORETTA FUDDY,MICHAEL ASTRUE, JOHN DOES, JOHNDOES 1-100MISSISSIPPI DEMOCRATIC PARTY EXECUTIVE COMMITTEE
’S
MEMORANDUM BRIEF OF AUTHORITIES IN SUPPORT OFMOTION FOR JUDGMENT ON THE PLEADINGS
COMES NOW the Defendant, the Mississippi Democratic Party, through its governing entity, theMississippi Democratic Party Executive Committee
(“MDEC”)
, and by and through its undersignedcounsel and, pursuant to
Fed. R. Civ. P.
12(c) and
 L. U. Civ. R.
7(b)(4), hereby provides the Court with itsMemorandum of Authorities in support of its Motion for Judgment on the Pleadings, as follows:
BACKGROUND
1.
 
On February 14, 2012 Orly Taitz, a California resident and licensed attorney in that state, filed apetition in the Circuit Court of the First Judicial District of Hinds County, Mississippi against theMississippi Democratic Party and the Secretary of State of Mississippi seeking a declaration that thePresident of the United States, Barack Hussein Obama, is not constitutionally eligible to hold the
office of President of the United States because he is not a “natural born citizen” of the United States,
as required by Article 2, Section 1 of the United States Constitution. [Original Circuit Court Petition,
Case 3:12-cv-00280-HTW-LRA Document 16 Filed 05/04/12 Page 1 of 24
 
2Docket No. 6, p.p. 18-26]. Taitz
’s
original state court petition further sought injunctive relief to block President Obama from appearing on the ballot for the Mississippi Democratic presidential preferenceprimary election, which was to be held on March 13, 2012. Taitz
’s
original court petition furtheraccuses President Obama of election fraud arising from his use of a fraudulent social security numberand a fraudulent birth certificate.
Taitz’s original
court petition cites
 Miss. Code Ann.
§ 23-15-961 asthe jurisdictional basis for bringing her action in the Hinds County Circuit Court, which is theprocedure for an aggrieved party to challenge the qualifications of a candidate in Mississippi seekingto be elected to state office by first becoming a candidate in the party primary election.2.
 
Both the Democratic Party Executive Committee and the Mississippi Secretary of State filed motionsin the Circuit Court to
dismiss Taitz’s petition on
numerous grounds, including: (a) that it wasuntimely under Section 23-15-961, (b) that the Plaintiff 
was not an “aggrieved party” under Section
23-15-961 and otherwise lacked standing to bring her action in the Circuit Court of Hinds County,Mississippi, and (c) that neither the Mississippi Secretary of State nor the Mississippi DemocraticParty Executive Committee had any duty under the governing statute for presidential preferenceprimaries,
 Miss. Code Ann.
§ 23-15-1089, to determine a presidential candidate
’s
qualifications, other
than the Secretary of State’s limited role in identifying “generally recognized” candidates
forPresident to be placed on the party primary ballot.3.
 
On April 19, 2012 Taitz, along with four additional Plaintiffs, filed the First Amended Complaint
(“FAC”)
with the Circuit Court, seeking, inter alia, to enjoin Barack Obama from appearing on theMississippi 2012 general election ballot as a candidate for President of the United States.
1
In addition
1
 
While several “Plaintiffs” purportedly joined Taitz, who was the original sole plaintiff, only
three such Plaintiffs have signedthe FAC according to the Court Record. (
See
Docket No. 6-
14 at 29 (Mr. Fedorka’s signature page) and Docket No. 6
-14 at 30
(Mr. Mac Leran’s signature page). Moreover, none of the other purported Plaintiffs has provided c
ontact information or
responded in any way to defendant MDEC’s counsel’s request that they confirm they are proceeding in this action
 pro se
andthat they will provide signed pleadings and proper contact information. Additionally, each and every email sent to Plaintiff 
MacLeran has “bounced back” to the undersigned counsel.
(The only contact information was e-mail addresses.) Taitz is an
attorney with a history of attempting to represent Plaintiffs challenging President Obama’s eligibility in states where
she is not
Case 3:12-cv-00280-HTW-LRA Document 16 Filed 05/04/12 Page 2 of 24
 
3to the Mississippi Democratic Party and the Secretary of State of Mississippi, Taitz and the newPlaintiffs
named as defendants President Obama, Obama for America (the President’s principal
political campaign committee), Nancy Pelosi (now the minority leader of the U.S. House of Representatives and former chair of the 2008 Democratic National Convention), Dr. Alvin Onaka(Registrar of the Hawaii Department of Health), Loretta Fuddy (Director of the Hawaii Department of Health) and Michael Astrue (Commissioner of the United States Social Security Administration).The FAC cited
 Miss. Code Ann.
§ 23-15-963, which is the procedure for challenging a candidate whofiled to run in the general election, as the basis for the new challenge to P
resident Obama’s candidacy
 for President in the November 2012 election in Mississippi. The FAC also added a federal RICOcause of action against the Mississippi Democratic Party and the new defendants, but not the Secretaryof State. As of this date, none of the new defendants have been served with process or otherwiseappeared in the case.4.
 
The Secretary of State, joined by the MDEC, removed Plaintiffs
’ civil
action to this Honorable Courtbased on the existence of a federal question arising from the federal RICO claim included for the firsttime in the FAC.
licensed to practice law.
See, e.g., Rhodes v. MacDonald 
, 670 F. Supp.2d 1363, 1368 (11th Cir. 2009) (
“Because of the
alleged urgent nature of the request, the Court waived its local rule that requires counsel admitted
 pro hac vice
to associate localcounsel. It became apparent during the hearing on the motion that the Court's waiver of this local rule was a mistake as counselabused her
 pro hac
 
vice privileges.”)
;
Farrar v. Obama
, No. 2012CV211398 (Ga. Fulton County Super. Ct. Feb. 15, 2012)
(denying Taitz’s request for admission pro hac vice for failure to comply with rules applicable to same).
 
As such, further
references to “Plaintiffs” is without prejudice to MDEC’s contention
that Taitz is the only actual plaintiff, for the reasons stated.
Case 3:12-cv-00280-HTW-LRA Document 16 Filed 05/04/12 Page 3 of 24

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