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Copyright 2014

Review of Politics, Economics, Constitution, Law and World Affairs by Attorney and Doctor Orly Taitz


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The articles posted represent only the opinion of the writers and do not necessarily represent the opinion of Dr. Taitz, Esq., who has no means of checking the veracity of all the claims and allegations in the articles.
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In case of emergency, call 949-683-5411.

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


Below is the motion for reconsideration or certification of interlocutory appeal that i have submitted during the April 14th hearing in FL, docket#27 04.15.10, request for action on 04.16.10

Posted on | April 21, 2010 | 6 Comments

U.S. District Court
Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:10-cv-00091-RV-EMT

STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
Assigned to: SENIOR JUDGE ROGER VINSON
Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY
Cause: 28:2201 Declaratory Judgement
Date Filed: 03/23/2010
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Plaintiff
STATE OF FLORIDA
BY AND THROUGH BILL MCCOLLUM
represented by BLAINE H WINSHIP
OFFICE OF THE ATTORNEY GENERAL – TALLAHASSEE FL
THE CAPITOL STE PL-01
400 S MONROE ST
TALLAHASSEE, FL 32399
850-414-3657
Fax: 850-488-4872
Email: blaine.winship@myfloridalegal.com
ATTORNEY TO BE NOTICED
 
Plaintiff
STATE OF SOUTH CAROLINA
BY AND THROUGH HENRY MCMASTER ATTORNEY GENERAL
 
Plaintiff
STATE OF NEBRASKA
BY AND THROUGH JON BRUNING ATTORNEY GENERAL
represented by KATHERINE JEAN SPOHN
NEBRASKA ATTORNEY GENERAL’S OFFICE
2115 STATE CAPITOL
LINCOLN, NE 68509
402-471-2834
Fax: 402-471-1929
Email: katie.spohn@nebraska.gov
ATTORNEY TO BE NOTICED
 
Plaintiff
STATE OF TEXAS
BY AND THROUGH GREG ABBOTT ATTORNEY GENERAL
 
Plaintiff
STATE OF UTAH
BY AND THROUGH MARK L SHURTLEFF ATTORNEY GENERAL
 
Plaintiff
STATE OF LOUISIANA
BY AND THROUGH JAMES D BUDDY CALDWELL ATTORNEY GENERAL
 
Plaintiff
STATE OF ALABAMA
BY AND THROUGH TROY KING ATTORNEY GENERAL
 
Plaintiff
STATE OF MICHIGAN
BY AND THROUGH MICHAEL A COX ATTORNEY GENERAL
 
Plaintiff
STATE OF COLORADO
BY AND THROUGH JOHN W SUTHERS ATTORNEY GENERAL
 
Plaintiff
COMMONWEALTH OF PENNSYLVANIA
BY AND THROUGH THOMAS W CORBETT JR ATTORNEY GENERAL
 
Plaintiff
STATE OF WASHINGTON
BY AND THROUGH ROBERT M MCKENNA ATTORNEY GENERAL
 
Plaintiff
STATE OF IDAHO
BY AND THROUGH LAWRENCE G WASDEN ATTORNEY GENERAL
 
Plaintiff
STATE OF SOUTH DAKOTA
BY AND THROUGH MARTY J JACKLEY ATTORNEY GENERAL
 
V.
Defendant
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES represented by BRIAN G KENNEDY
US DEPT OF JUSTICE
CIVIL DIVISION
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530-0001
202-514-3357
Fax: 202-616-8470
Email: brian.kennedy@usdoj.gov
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
US DEPARTMENT OF JUSTICE – WASHINGTON DC
CIVIL DIVISION FEDERAL PROGRAMS BRANCH
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530
202-514-3338
Fax: 202-616-8470
Email: eric.beckenhauer@usdoj.gov
ATTORNEY TO BE NOTICED
 
Defendant
KATHLEEN SEBELIUS
IN HER OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED
 
Defendant
UNITED STATES DEPARTMENT OF THE TREASURY represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED
 
Defendant
TIMOTHY F GEITHNER
IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF TREASURY
represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED
 
Defendant
UNITED STATES DEPARTMENT OF LABOR represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED
 
Defendant
HILDA L SOLIS
IN HER OFFICIAL CAPACITY AS THE SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR
represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICEDERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED
 

 

Date Filed # Docket Text
03/23/2010 1   COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY filed by STATE OF FLORIDA – Filing Fee $350, Receipt Number: 1129-1533627) (WINSHIP, BLAINE) **Modified on 3/23/2010 to correct “docket text” (laj). (Entered: 03/23/2010)
03/23/2010 2   CIVIL COVER SHEET. (WINSHIP, BLAINE) (Entered: 03/23/2010)
03/24/2010 Summons Issued as to TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (krb) (Entered: 03/24/2010)
03/29/2010 4   NOTICE OF HEARING. Rule 16 Scheduling Conference set for 4/14/2010 09:00 AMin U.S. Courthouse Pensacola before SENIOR JUDGE ROGER VINSON. (lcu) (Entered: 03/29/2010)
03/30/2010 6   (Deficiency) ORDER – The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 3/30/2010. (laj) (Entered: 03/30/2010)
04/05/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: (4) Proposed Deficiency Orders received from pro se litigants S. Schonberg and P. Mitchell). (laj) (Entered: 04/05/2010)
04/05/2010 7   (Deficiency) ORDER – The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 8   (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 9   (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 10   NOTICE of Intent to Apply for Leave to Intervene by pro se litigant Paul Andrew Mitchell – filed pursuant to 8Order. (laj) (Entered: 04/06/2010)
04/05/2010 11   NOTICE (titled First Supplement to Proof of Service) by pro se litigant Paul Andrew Mitchell – pursuant to 9Order. (laj) (Entered: 04/06/2010)
04/05/2010 14   (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/07/2010)
04/05/2010 15   MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System – pursuant to 14Order. (laj) (Entered: 04/07/2010)
04/06/2010 17   Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) – Attachments not scanned. (laj) (Entered: 04/07/2010)
04/07/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 17Notice and MOTION to Intervene. (laj) (Entered: 04/07/2010)
04/08/2010 18   ORDER – Denying Dr. Orly Taitz’s (in pro se) 17Motion to Intervene. Signed by SENIOR JUDGE ROGER VINSON on 2/8/2010. (laj) (Entered: 04/08/2010)
04/12/2010 20   MOTION to Intervene (titled Ex Parte Uninsured Individual Taxpayer Salamone Petition) filed by pro se litigant Gary Paul Salamone. (laj) (Entered: 04/13/2010)
04/12/2010 21   MOTION of Proposed Intevenor Steve Schonberg to Intervene As A Plaintiff. (laj) (Entered: 04/13/2010)
04/12/2010 28   (Amended) MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System. (laj) (Entered: 04/15/2010)
04/13/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 20 MOTION to Intervene, and 21MOTION to Intervene. Also referred Proposed Deficiency Order (Motion for Admisison to CM/ECF System, received 4/12/10). (laj) (Entered: 04/13/2010)
04/14/2010 23   Pro Se Rule 24 MOTION to Intervene As Party Defendant by Robert P. Smith, Jr. (with Supporting Memorandum, ND Fla. R7.1(a). (laj) (Entered: 04/14/2010)
04/14/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 23MOTION to Intervene. (laj) (Entered: 04/14/2010)
04/14/2010 24   Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON: Scheduling Conference held on 4/14/2010. Scheduling Order to be entered. (Court Reporter Donna Boland.) (jrm) (Entered: 04/14/2010)
04/14/2010 25   NOTICE of Appearance by KATHERINE JEAN SPOHN on behalf of STATE OF NEBRASKA (SPOHN, KATHERINE) (Entered: 04/14/2010)
04/14/2010 26   FINAL SCHEDULING ORDER re 24Scheduling Conference. Plaintiff’s date for filing an amended complaint: 5/14/10. Defendants’ date for filing a motion to dismiss: 6/16/10. Plaintiffs’ date for filing a brief in opposition to motion to dismiss: 8/6/10. Defendants’ date for filing a reply to Plaintiffs’ opposition brief: 8/27/10. Oral argument on Defendants’ motion to dismiss: 9/14/10 at 9:00 AM. Discovery deadline: 9/14/10. Signed by SENIOR JUDGE ROGER VINSON on 4/14/10. (tdg) (Entered: 04/14/2010)
04/14/2010 27   Notice and MOTION for Reconsideration or MOTION (titled Request) for Certification for Interlocutory Appeal – Re: 18Order. (laj) (Entered: 04/15/2010)
04/15/2010 29   ORDER – Denying 28Pro Se Motion of Proposed Intervenor Steve Schonberg for Admission to the Court’s CM/ECF System. Access to the CM/ECF System requires a PACER account with proper registration and fee payment. Only admitted attorneys can file electronically. Signed by SENIOR JUDGE ROGER VINSON on 4/15/2010. (laj) (Entered: 04/15/2010)
04/15/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 27 Notice and MOTION for Reconsideration re 18Order on Motion to Intervene. (laj) (Entered: 04/15/2010)
04/16/2010 30   Pro Se Movant Intervenor Robert P. Smith’s Supplemental MEMORANDUM of Law Supporting 23MOTION to Intervene. (laj) (Entered: 04/16/2010)
04/16/2010    ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed – Re: 30Memorandum in Support. Also referred a Proposed Deficiency Order (Entry of Appearance from Stephan P. Wallace, received 4/15/10). (laj) (Entered: 04/16/2010)
04/20/2010 32   NOTICE of Appearance by BRIAN G KENNEDY on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (KENNEDY, BRIAN) (Entered: 04/20/2010)
04/20/2010 33   NOTICE of Appearance by ERIC B BECKENHAUER on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (BECKENHAUER, ERIC) (Entered: 04/20/2010)

DR. ORLY TAITZ, ESQ

IN PRO SE

CSB #223433

29839 S. Margarita Pkwy. 

Rancho Santa Margarita CA 92688

ph. 949-683-5411

fax 949-586-2082

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

Pensacola Division

STATE OF FLORIDA et al,                                                   Case No. 3:10-cv-91

v.

UNITED STATES DEPARTMENT OF                                 Notice & Motion for 

HEALTH AND HUMAN SERVICES;                                  Reconsideration or

                                                                                                 Request for Certification

KATHLEEN SEBELIUS, in her official                                For Interlocutory Appeal

                                                                                                 APRIL 14, 2010, 9:00AM

capacity as the Secretary of the United States

Department of Health and Human Services;                         Oral Argument Requested

UNITED STATES DEPARTMENT OF

THE TREASURY; TIMOTHY F.

GEITHNER, in his official capacity as the

Secretary of the United States Department

of the Treasury; UNITED STATES

DEPARTMENT OF LABOR; and HILDA

L. SOLIS, in her official capacity as Secretary

of the United States Department of Labor,

Defendants,

AND

DR. ORLY TAITZ, ESQ.

Movant.

___________________________________________/

NOTICE & MOTION

COMES NOW, DR. ORLY TAITZ, ESQ IN PRO SE (hereinafter referred to as “DR. TAITZ”), and pursuant to Rule 24 of the Federal Rules of Civil Procedure, hereby files this Motion to Intervene, as a Plaintiff of Right or in the alternative with the Court’s permission said motion to be heard on April 14, 2010 at 9AM or as soon thereafter as practicable with oral argument requested and as grounds therefore, movant states as follows:

                                               Background of the case

This case is being followed by millions of American citizens all over the country, as 80-85%  of the citizens according to America on Line and Pew polls are aware of the issue of Mr. Obama’s illegitimacy to US Presidency. Taitz has given over 800 media interviews in regards to this and similar litigation, and some 36,000 media outlets all over the world follow this case. April the 10tharticle by World News Daily editor Bob Unruh has provided excerpts of articles from  The Nigerian Observer, AP-Sunday Standard of Kenya and others quote Mr. Obama as Kenyan born.  Same article quotes Michelle Obama and NPR calling Kenya “Barack Obama’s homeland”.

                                                  Legal argument

While Your Honor issued an order on April 8, 2010,  acknowledging Taitz legitimate interest in the current action, your Honor denied motion for intervention citing need for expediency in handling of this case. While the intervener Taitz whole heartedly agrees with your Honors logic in need for expediency, Taitz argues that intervention will not prolong the discovery  and adjudication of this case, but rather will significantly shorten this litigation, as well as eliminate the need for future litigations on upcoming Cap and Trade   Bill, Immigration reform bill or any other bill to be signed by Mr. Obama. If Mr. Obama became a US president by virtue of fraud and concealment of all of his vital records, Health Care bill signed by him is null and void and this matter can be resolved in one day, by subpoena of Mr. Obama’s live birth file from the Kapiolani Hospital, where Mr. Obama recently decided he was born, subpoena of his social security application, as well as his original birth certificate from Hawaii, which should show the name of the Hospital, name of the attending physician and signatures of three persons in attendance.

Exhibits, submitted with the original motion, have not been scanned and docketed, and therefore the intervener is not sure whether Your Honor has seen them. Those exhibits  show that not only Mr. Obama did not qualify for US presidency due to his multiple citizenships, allegiance to three other nations and lack of any documents acceptable by any court of law to prove his birth in Hawaii, those exhibits show affidavits from a recently retired Homeland Security deportation officer, private investigator, licensed with the department of Homeland security and yet another licensed investigator, formerly elite Scotland Yard officer, working in organized crime and communist proliferation units. (Exhibits 1-4) All three investigators as well as Selective service records show that Mr. Obama does not even have a valid US Social Security number. SSN 042-68-4425 used by Mr. Obama most of his life was issued in the state of Connecticut to another individual. Similarly, most reliable and widely used databases LexisNexis and ChoicePoint  show him using multiple Social Security numbers of deceased individuals, as well as numbers that were never assigned.  

New information came on April 10, 2009. A World Net Daily magazine article shows a compilation of articles from different news papers from Africa, quoting Obama as “Kenyan born”, as well as interviews on NPR and 2009 speech by Michelle Obama, naming Kenya, as Obama’s homeland.

Millions of Americans are following this legal action and wondering, why wouldn’t your Honor take one day to subpoena production of Mr. Obama’s vital records and resolve this and  any further litigation regarding Mr. Obama’s legitimacy to sign bills or treaties.  If you are concerned with expediency of litigation, why wouldn’t you spend one day on verification of the records of the party, who signed the bill, rather then spend months and possibly years reviewing legitimacy of  some 2,600 pages of the bill under the Commerce clause.

Taitz agrees that Your Honor has discretion on permissible intervention, however such discretion cannot not be capricious, cannot not show bias, should show that all citizens are treated equally under the law, it should show that the judiciary is not influenced by the executive branch and the judiciary should not become an accomplice in aiding and abetting top governmental executive in commission of a crime.

Each and every American citizen knows, that if he were to use Social Security numbers of other individuals or numbers never assigned, not only this very court would remove him from office,  not only Your Honor will deem null and void each and every document signed by a person occupying a position by fraud, but Your Honor will also sentence any other US citizen to a lengthy prison term for commission of a felony.  American citizens need to know that nobody is above the law .

Another new fact, influencing consideration of the motion in question, is a recent act of refusal to deploy by a top US army officer Lt Col Terrence Lakin, who stated that he will subject himself to Court martial, rather then serve under the Commander in Chief, who did not prove his legitimacy.

Not allowing the plaintiff to intervene and not reviewing the issue of legitimacy of the President who has signed this bill, will ultimately lead to further revolting of US military officers and undermining of US military. Members of US military and American citizens at large have a heightened expectation of action and fairness  in this matter by Your Honor, in light of the fact that Your Honor serves as a judge on the Federal Intelligence Surveillance Court, as well  as the fact that all of the information provided to the court, was provided   to the Attorney General Eric Holder, Mr. Obama’s appointee,  however no response was received from Mr. Holder in the period of  over a year.

Additionally, while Taitz agrees with your Honor, in that the states are well represented in this case, none of highly esteemed attorneys has any background in medicine or medical care. While a whole class of Medical providers will be negatively affected by the institution of  Universal Healthcare, none of the current plaintiffs has either knowledge or standing to represent this class of plaintiffs. While the Commerce clause appear to be a common thread in both classes of plaintiffs, Violation of the 9thamendment, as well as interference in the existing contracts will be unique to the medical providers and those rights will not be protected by the original parties.  Taitz is uniquely positioned in being  a licensed doctor of Dental Surgery, having B. Med Sc, previously serving on the board of one of the Health Maintenance organizations, practicing for over twenty years and having first hand knowledge of socialist healthcare, as someone who was born and raised in a Socialist country. 

Wherefore

In light of all the additional information provided, Taitz requests reconsideration and granting of the Intervener status or Certification of the interlocutory Appeal.

/s/  Orly Taitz

Dr. Orly Taitz ESq

29830 Santa Margarita Pkwy, ste 100

Rancho Santa Margarita, CA 92688

Comments

6 Responses to “Below is the motion for reconsideration or certification of interlocutory appeal that i have submitted during the April 14th hearing in FL, docket#27 04.15.10, request for action on 04.16.10”

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    April 22nd, 2010 @ 12:57 pm

    PUBLIC SUPPORT is overwhelmingly on YOUR side, Dr Orly! The NY Daily News poll ended up at 83% of the respondents demanding Clarification of Obama’s CONSTITUTIONAL ELIGIBLITY….the Tsunami of Constitutional Support HAS BEGUN!

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