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 -- George Orwell

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 -- Mahatma Gandhi

Actual order from judge Carter:my case Barnett et al v Obama et al is going to trial, dates are final, January 26 is the date for the jury trial

Posted on | October 7, 2009 | 37 Comments




CV-90 (12/02)


Case No. SACV09-0082 DOC (ANx) Date October 5, 2009


Present: The


David O. Carter, U.S. District Judge

Kristee Hopkins Debbie Gale N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Orly Taitz

Gary Kreep

David DeJute, AUSA

Roger West, AUSA



Cause called and counsel state their appearances. Argument by counsel. Motion taken

under submission.

On September 8, 2009, the Court previously set tentative case management dates. The

Court now orders those dates be made final.

Case Management dates are as follows:

Motion for Summary Judgment Hearing December 7, 2009, at 8:30 a.m.

File Motion for Summary Judgment November 16, 2009

Opposition to Motion for Summary Judgment November 26, 2009

Reply to Motion for Summary Judgment November 30, 2009

Final Pretrial Conference January 11, 2010, at 8:30 a.m.

Jury Trial January 26, 2010, at 8:30 a.m.


: 21


Initials of Preparer kh

Case 8:09-cv-00082-DOC-AN Document 81 Filed 10/05/2009 Page 1 of 1


37 Responses to “Actual order from judge Carter:my case Barnett et al v Obama et al is going to trial, dates are final, January 26 is the date for the jury trial”

  1. Dean Brassfield
    October 7th, 2009 @ 4:34 pm

    My God! You did Dr. Taitz!!! You did it! That was greatest oration I’ve ever heard, October 5…this is beyond my ability to express in words! You did it kid!

    Now win! Just win it for us!

  2. Harry H
    October 7th, 2009 @ 4:37 pm

    Hallelujah!! Way to go, Orly. God bless your efforts on this case. Of course, I suppose Judge Carter could still dismiss some part of the case, but I take it that part–maybe all–of the case will stand. Otherwise there would be no need to schedule Case Management dates.

  3. FollowtheConstitution
    October 7th, 2009 @ 5:03 pm

    So there isn’t any specific ruling on the motion to dismiss stating the motion is denied?

  4. Michael
    October 7th, 2009 @ 5:10 pm

    Our Lady Orly, by God’s Grace, Hebrews chap 11

  5. Mrs. L
    October 7th, 2009 @ 5:18 pm

    PRAISE the LORD!!!!!!

    .•:*¨¨*:•.GOD BLESS AMERICA.•:*¨¨*:•.

    .•:*¨¨*:•.GOD bless ORLY.•:*¨¨*:•.

    Thanl you Dr. Orly for never giving up!
    I L*O*V*E YOU

    Keep safe and we will continue our prayers

    is there and email address for Judge Carter?
    I want to thank him

  6. Ronald
    October 7th, 2009 @ 5:52 pm

    HOLY COW!!!

  7. Dean Brassfield
    October 7th, 2009 @ 5:56 pm

    My God! You did it Dr. Taitz!!! You did it! That was greatest oration I’ve ever heard, October 5…this is beyond my ability to express in words! You did it kid!

    Now win! Just win it for us!

  8. RJ
    October 7th, 2009 @ 5:56 pm

    May the Lord be with you to guide you and protect you.

  9. Diane Carlucci
    October 7th, 2009 @ 6:19 pm

    Can it be TRUE??? Oh God please tell me it is true!!!

  10. FollowtheConstitution
    October 7th, 2009 @ 6:24 pm
  11. PorkRoll
    October 7th, 2009 @ 6:47 pm

    OK, folks. She’s done it. It’s hard to explain the joy, relief and the gratitude that swells in a person’s chest when they hear such news; that their beloved country is being defended by a patriot who has stood firm, suffered the slings and arrows of traitors, and has literally put her life, fortune, and sacred honor on the line for us and our freedoms.

    It is also with immense relief and gratitude one hears that there are still honest, God-fearing judges in our judicial system who are willing to brave those same slings and arrows, take those same risks, and defend the Constitution from enemies both foreign and domestic.

    I’ve just donated $500 that I can’t really afford to give, but I gave it anyway as a mark of gratitude and a small sacrifice on my part compared to the immense sacrifices Orly has made for us, our nation, and the sacredness of our God given rights as proclaimed in that beautiful construction we call our Constitution.

    Godspeed, Orly. May the good Lord give you the strength and tenacity to lay bare their lies and expose their treachery for all the world to see. If nothing more, let it be to avenge the souls of our brave dead in Iraq and Afghanistan who have succumbed to the enemy not because of the rigors of war, but because their fraudulent commander-in-chief casts them to the winds of political fashion, refusing to make the difficult decisions honorable men must make. Are injuries such as these not made more manifest when such a fraud abdicates his sworn duties in favor of dalliances like star-studded trips to the Olympic committee (the aim of which is to do nothing more than line the pockets of his malignant sponsors from that cess-pool of corruption called Chicago)? Charge at them Orly, show them no quarter, and open the gates of Hell against them.

    From a humbled citizen, laid low in the shame of their despair, I can only say these two simple words: thank you.

  12. grab bag
    October 7th, 2009 @ 6:49 pm

    Orly, isn’t this just the minutes of the hearing? It says “civil minutes-general”. That would mean that the finalized dates were set at the hearing, not afterwards – before “Motion taken under submission”. I’m hoping for definite good news with the actual order from the Judge.

  13. Gabriel
    October 7th, 2009 @ 6:55 pm

    This does not show all Documents in the case, but for those interested in the case, here is a link to a public access archive with the Pacer Documents for your case.


    It even has Document #81 http://ia301521.us.archive.org/2/items/gov.uscourts.cacd.435591/gov.uscourts.cacd.435591.81.0.pdf

    For some reason many other documents are not in this repository. The Docket sheet seems to be a little old. But it is helpful for those trying to get a view into what has happened in the case. Each page # 1-81 can be clicked on and viewed Click here to view full Docket of the case http://ia301521.us.archive.org/2/items/gov.uscourts.cacd.435591/gov.uscourts.cacd.435591.docket.html

    God bless you Dr. Taitz and Mr. Lincoln,


  14. George
    October 7th, 2009 @ 7:07 pm

    Is this IT??!! Do you now have the power of discovery??? Are u on a plane to occidental college yet? 🙂 🙂

  15. Ed
    October 7th, 2009 @ 7:08 pm

    Thank You LORD GOD!

  16. George
    October 7th, 2009 @ 7:26 pm

    Wonderful news Dr. Taitz. At last all your hard work will have it day in court. I thank you as I’m sure many others will as well.
    G B

  17. Leslie A.Garay
    October 7th, 2009 @ 7:47 pm

    Promise to continue with my daily prayers for our Nation and for your able defense of truth.

    God Bless and protect America and those who
    defend her cause!

    From an 85 years old, proudly naturalized citizen!!!

  18. queenofshina
    October 7th, 2009 @ 8:43 pm

    Thank you, God and David Carter!!!!!

  19. Sirjaxx
    October 7th, 2009 @ 9:26 pm

    THERE IT IS!!!
    THERE IT IS!!!

  20. Jim Adams
    October 7th, 2009 @ 11:49 pm

    I may be wrong but I believe Dec. 7 is a national holiday.[Pearl Harbor day]
    If that hearing/motion can not be held because of the Holiday,will that be detrimental to the proceddings?
    Possibly this is a planned acidental oversight.

  21. Follow the Constitution
    October 8th, 2009 @ 2:08 am

    Sounds like the Judge may be stalling to buy you time to get full discovery while taking this motion to dismiss under submission? If he can’t hear this case for lack of jurisdiction, and because he would really like to have the case heard based on the merits, perhaps he is taking this under submission merely to stall and prevent the defense from being able to appeal yet, and at the same time ordering the PRIOR set dates as final, just to buy you time to get discovery???

    I’d get those subpoena’s and get to HI fast and get all those birth records released!

    Maybe this Judge is trying to allow you to get these documents released so you can get your appeal to finally get this case heard?

  22. ET
    October 8th, 2009 @ 7:35 am

    Good point, Jim. December 7th is Pearl Harbor Day. Whether this is a legal court holiday is a very good question.

  23. Dave
    October 8th, 2009 @ 9:18 am

    I know judge Carter. I was tried by him in 2001 for posession of Automatic weapons. I appeared before him on 4 seperate instances. He is a fair man and a Former Marine, however, you are in Federal Court…and they simply do NOT LOOSE. I plead out and instead of 10 years in Federal Prison, I got my hand slapped with a $4000.00 Fine, 6 months Home confinement, 400 hours Community service, and 3 years probation. I was lucky! The Constitution, to me now, is a joke! I wish you luck in your endeavor and Godspeed. I will be watching and praying. Dave

  24. Brett
    October 8th, 2009 @ 10:30 am

    Can we get an armed security team for Orly and Judge Carter? They just walked into the crosshairs….

  25. Buckwheat
    October 8th, 2009 @ 12:34 pm

    Nov. 26th is Thanksgiving holiday. Does that mean that Opposition to Motion for Summary Judgment is actually due on the 25th?

    Keep up the outstanding work.

    If we cannot come to CA how else can we help?

  26. Jim Cumber
    October 8th, 2009 @ 12:57 pm

    Our prayers are with you Dr Taitz, but I will respectfully hold my rejoicing until “the fat lady sings”: this Arabic snake could still find a way to wiggle out of it, even after Barack Hussein Obama (or Barry Soetoro, or whatever his name REALLY is!) has had a year of Constitutionally illegal usurpation. Like any politician, you can always tell when Obama’s lying: it’s when his mouth is moving!:(

  27. Joyce Charles
    October 8th, 2009 @ 2:07 pm

    I do not believe that December 7 is a holiday. It never was in the years I worked in the banking industry. (Not that it should not be one!)They get every holiday the government gets… Hopefully this will go off without a hitch.

  28. Carole Kahn
    October 9th, 2009 @ 10:52 pm

    God Bless you Dr. Taitz….Why can’t I find this important news anywhere? It’s just so bizarre, I can’t believe this country anymore! Where am I? In Nazi Germany?

  29. Kat O'Republican
    October 10th, 2009 @ 10:16 am

    I am following this very closely.

    I think they (white house) are stalling and trying to quick cram everything through Congress, so that when the trial does finally take place, the destruction of America will be already underway. What a way to take the country – right from the White House. It is so obvious that the one thing he must ponder and be sure, and does not consider an emergency is supporting our troops in Afganistan. He needs to think about it? Where is Hillary!!!! Is she being controlled too?. I have not seen or heard from her in awhile, and the last time I did see her, she looked pretty rough! Is she doing what she believes in, or is she being completely managed (to put it politely)?

    Orly, are you okay? Anything going on that we should know about, ie death threats?? I have been trying to find you on the internet for the past week, and everytime I try to get to something regarding this case, it says the Website has been removed, or there is an error, etc. I can not believe it took me until 10/10 to finally hear what happened on 10/5. The fact that no one is covering this court case except the Canadians and the Baptists is bothersome too. Do you think that Judge Carter has been threatened? I thought he was taking care of his troops and was going to be sure that all is well in the White House.

    You know what. I have researched what I can from my home on the internet and have gone global with my research. I am convinced that “Technically” Obama CAN NOT be our president, and the fact that congress and the president are spending so much time and money to cover this up, really, really scares me. If it is all good, he should sit down with the public on one of his many TV appearances, and explain it to us from his perspective, but he won’t – he can’t.

  30. Andy
    October 10th, 2009 @ 10:27 am

    The God of Israel protect judge Carter and Dr. Taitz every hour of every day from this moment until the trial is finished and justice has been served. Continually I pray Psalm 109 vs 1-8.

  31. Bill Skeptical
    October 11th, 2009 @ 12:07 pm

    There has been SO many dangling Carrots! I hope this one grows to the size of the Whitehouse!I always fear of scams, (nothing) can be trusted anymore!We are surrounded by Corruption! I’ll keep my fingers crossed!God Bless You! OH, can I still say that?

  32. Daniel F. Simon
    October 11th, 2009 @ 3:57 pm

    Many thanks Dr. Taitz!

    Keep us informed. Many Americans are issuing e-mail to friends who e-mail friends, etc..

    No wonder there were 1.5 million on the D.C. Mall (report D.C. police) at the 9/12 rally.

    The “e-mail chain” is getting out the news when other channels refuse. Do these media outlets want a multi-city “LA Riot” situation due to the surprise? Do they care about “civil order?”

    Can you change your web-site to add “e-mail a friend” with each article?

    How many Americans are afraid to post a comment on this web-site? Dr. Taitz, keep it up or some will end up in the “Gulock.” Freedom is worth the risk!

    Daniel, P.E. -Land Consultant

  33. Jimmy
    October 12th, 2009 @ 4:14 pm

    Dr. Taitz, there is not a word grand enough to express the appreciation I have for you. Doc, you will go down in history as a major contibutor to saving this country. I and many others thank you from the bottom of our hearts. Now then, let me say this. Although we appreciate what you do, we feel like we need to help instead of wait for others to do the dirty work. So, I want you to know, we are here to help you. All you have to do is give me the word and I am there. I am 34 with an athletic build and I am perfectly healthy and smart. I know I could benefit you. Of course I am not looking for a job. I am looking for a place that needs me most. It’s the least I can do. Heck, this is our country we are talking about. Well, thanks again.
    Your admirer,
    Jimmy V


  34. Tamera
    October 12th, 2009 @ 10:02 pm

    Exactly!!! With Obamas DOJ croanies constantly hasseling/threatening Judges across the country to NOT hear these VALID FACTS, it’s nice to see this one going further!!!! Keep it up…

  35. Christoff
    October 13th, 2009 @ 1:34 pm

    Dr. Taitz: This is such wonderful news… congratulations! It will be interesting to see how Mr. Barry Soetoro will respond to this.

  36. Troy Lawrence
    October 20th, 2009 @ 8:51 pm

    GOD BLESS YOU! Thank you so much for seeing the American people as PEOPLE! You may have just saved us from Obama’s concession of America to the EU next month!

  37. Ivan L Shapiro, MD
    October 21st, 2009 @ 1:13 pm

    “Laws Repugnant to the constitution are void”
    Marbury v. Madison, 1803

    It trumps everything, doesn’t it !!!!!