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Motion to compel the subpoena “to grant access to the original long form birth certificat of Barack Obama, memorandum of points and authorities, proposed order. PDF and DOCX versions provided

Posted on | July 7, 2011 | 15 Comments

Taitz v Astrue motion to compel the subpoena, proposed order

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

                                                                        § PLAINTIFF’S MOTION    TO

                                                                    § COMPEL  SUBPOENA                                                                

                    Respondent                                      §  no oral argument requested

 

Plaintiff Dr. Orly Taitz, ESQ moves this court for an order compelling compliance with a subpoena, forwarded to Ms. Loretta Fuddy, director of Health in the state of Hawaii, which  would aid in resolution of the case at hand.

Plaintiff asks the court to rule on this motion based on the memorandum of points and authorities attached herein and oral argument, if the court deems oral argument to be necessary.

MEMORANDUM OF POINTS AND AUTHORITIES

The case at hand revolves around a 5USC§552 FOIA request for the original SS-5 application for CT SSN 042-68-xxxx, that Mr. Barack Obama is fraudulently using. According to his selective service certificate Mr. Obama is using this social security number,(Exhibit 1) however Social security administration states, that this number was never issued(Exhibit 2). Typically, individuals, who do not have valid birth certificates resort to using invalid social security numbers, therefore the birth certificate is at issue. After nearly three years of stonewalling and under the pressure of sagging approval rating and rising doubt about his legitimacy to the U.S. presidency,   Mr. Obama released, what he claims to be, his original long form birth certificate. Multiple experts provided affidavits, stating that the document released by Mr. Obama and posted on White House.gov  represents a forgery.  (Exhibits 3, 4, 5). Plaintiff filed multiple requests for access to the original birth certificate, which is supposed to be on file with the department of health in Hawaii. Plaintiff received a response from the registrar of the department of health in Hawaii, Mr. Alvin Onaka, stating that he and Ms. Loretta Fuddy, Director of Health, will not provide access to the original, due to considerations of privacy. Plaintiff filed an appeal, stating, that there cannot be a consideration of privacy, as Mr. Obama already released the document in question, and it is available to the public at large on the web site  WhiteHouse.gov. There is no genuine issue of privacy, as all the information in the document in question is public, but there is an issue of forgery, as multiple expert testimonies show the document to be forged.   Plaintiff did not get any response to her request for administrative appeal.

Plaintiff filed a rule 45 subpoena with the director of Health of the state of Hawaii, seeking access to the original document. Plaintiff received a response from the office of the Attorney General of Hawaii. June 13, 2011 response from the office of Attorney General of Hawaii (Exhibit 6), representing the director of Health, stated, that according to rule HRS §338-18 inspection of public health statistics records is allowed only in a number instances, among them §338-18(b)(9) “A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction.”   

As such Plaintiff is respectfully requesting an order of this court to compel compliance with Rule 45 subpoena and permit inspection of public health statistics records of the original long form birth certificate, issued in 1961 to Mr. Obama. Privacy is  no longer an issue, as Mr. Obama already released the document in question, it appears the Director of Health is simply looking for a court order, in order for her to be in compliance and not to be liable for technical violation of the rule.

US District court is a competent jurisdiction. Federal court under Rule 45, along with  all applicable privilege rules, provide sufficient “tools” with which this court can adequately protect both the litigant’s right to receive evidence and the government’s interest in protecting its processes and resources. See Exxon shipping, 482 F 3d at 416, 417 (holding that “an agency’s Touhy regulations do not relieve the district courts of the responsibility to analyze privilege or undue burden assertions under Rule 45” and concluding that that the federal discovery rules give district courts adequate tools to balance all competing interests); Connaught Laboratories, 7 F. Supp.2d at 480(recognizing “the district court’s ability to balance the government’s concerns with the private litigant’s interest in obtaining evidence by applying the limitations and protections contained in the federal rules of Civil Procedure. As such this court is a competent jurisdiction to grant the subpoena in question.

Respectfully submitted

 

/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

 

Service of process

I certify that a true and correct copy of the above pleadings were served on the defendant on 07.07. 2011 via mail and will be served by the court via ECF

Jill T. Nagamine

Deputy Attorney General

State of Hawaii

Health and Human Services Division’

465 South King Street Room 200

Honolulu HI 96813

/s/ Lila Dubert

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

                                                                        § PLAINTIFF’S MOTION    TO

                                                                    § COMPEL  SUBPOENA                                                                

                    Respondent                                      §  no oral argument requested

 

Motion to compel Rule 45 subpoena to grant the Plaintiff access to the original 1961 long form birth certificate of Mr. Barack Obama, stored at the Health Department, State of Hawaii is Granted, so ORDERED

 

______________________________________________________

Chief Judge US District Court District of Columbia

Royce C. Lamberth   

Category: Dossiers, HOT ITEMS!, Latest News, Legal Actions, Obama Fraud Gate, Other Criminal or Suspicious Activities

Comments

15 Responses to “Motion to compel the subpoena “to grant access to the original long form birth certificat of Barack Obama, memorandum of points and authorities, proposed order. PDF and DOCX versions provided”

  1. Martin Dumi
    July 7th, 2011 @ 10:51 am

    Good good

  2. Starla
    July 7th, 2011 @ 1:39 pm

    I THANK OUR FOREVER LIVING CREATOR – GOD ALMIGHTY – THE MOST HOLY TRINITY FOR ORLY WHO HAS BEEN THIS LITTLE BRIGHT LIGHT FROM THE FIRST DAY, WHO IS LEADING THIS NATION AMERICA AND THE WORLD BACK TO TRUTH, VIRTUES, HOLINESS, RIGHTEOUSNESS, JUSTICE, WISDOM, LOVE, & PURITY AS A CIVIL RIGHTS LEADER, AND AS A PROTECTOR & AS A DEFENDING OF OUR FOREVER LIVING GOD-GIVEN INALIENABLE CIVIL RIGHTS, LIBERTIES, & FREEDOMS IN, BY, THROUGH, WITH, & UNDER ALMIGHTY GOD’S FOREVER LIVING POWER & GRACES & DIVINE MERCY & DIVINE LOVE.

    ORLY IS WORKING CONSTANTLY AS A TRUE LEADER DESTINED BY GOD TO PROTECT ALL AMERICANS & ALL PEOPLE AS OUR GOD-GIVEN LADY OF LIGHT, OUR LADY OF LIBERRY ORLY!! ORLY IS LEADING US IN AMERICA BACK TO THE MOST HOLY TRINITY – THE FOREVER LIVING CREATOR – ALMIGHTY GOD & TO GOD’S FOREVER LIFE IN, BY, THROUGH, & WITH LORD JESUS CHRIST EMMANUEL, GOD THE SON, YESHUA, WHO IS THE ONE & ONLY ALWAYS FAITHFUL & ALWAYS TRUE ALMIGHTY MESSIAH, AND THE ONE & ONLY ALWAYS FAITHFUL & ALWAYS TRUE SAVIOR OF HUMANITY!!

    IN THE HOLY NAME OF THE FOREVER LIVING GOD THE JEWISH MESSIAH, THE SAVIOR OF HUMANITY, GOD’S SON – LORD JESUS CHRIST EMMANUEL, YESHUA!!
    THE NAME “ORLY” MEANS “LIGHT” AND AMEN!! IT IS SO!!

  3. Starla
    July 7th, 2011 @ 1:49 pm

    I THANK OUR FOREVER LIVING CREATOR – GOD ALMIGHTY – THE MOST HOLY TRINITY FOR ORLY WHO HAS BEEN THIS LITTLE BRIGHT LIGHT FROM THE FIRST DAY, WHO IS LEADING THIS NATION AMERICA AND THE WORLD BACK TO TRUTH, VIRTUES, HOLINESS, RIGHTEOUSNESS, JUSTICE, WISDOM, LOVE, & PURITY AS A CIVIL RIGHTS LEADER, AND AS A PROTECTOR & AS A DEFENDING OF OUR FOREVER LIVING GOD-GIVEN INALIENABLE CIVIL RIGHTS, LIBERTIES, & FREEDOMS IN, BY, THROUGH, WITH, & UNDER ALMIGHTY GOD’S FOREVER LIVING POWER & GRACES & DIVINE MERCY & DIVINE LOVE.

    ORLY IS WORKING CONSTANTLY AS A TRUE LEADER DESTINED BY GOD TO PROTECT ALL AMERICANS & ALL PEOPLE AS ORLY, OUR GOD-GIVEN LADY OF LIGHT, & ORLY, OUR LADY OF LIBERTY!! ORLY IS LEADING US IN THE UNITED STATES OF AMERICA BACK TO GOD THE MOST HOLY TRINITY – THE FOREVER LIVING CREATOR – ALMIGHTY GOD & TO GOD’S FOREVER LIFE IN, BY, THROUGH, & WITH LORD JESUS CHRIST EMMANUEL, GOD THE SON, YESHUA, WHO IS THE ONE & ONLY ALWAYS FAITHFUL & ALWAYS TRUE ALMIGHTY MESSIAH, AND THE ONE & ONLY ALWAYS FAITHFUL & ALWAYS TRUE SAVIOR OF HUMANITY!!

    IN THE HOLY NAME OF THE FOREVER LIVING GOD THE JEWISH MESSIAH, THE SAVIOR OF HUMANITY, GOD’S SON – LORD JESUS CHRIST EMMANUEL, YESHUA!!
    THE NAME “ORLY” MEANS “LIGHT” AND AMEN!! IT IS SO!!

    ORLY, GO FORWARD & LEAD AMERICA & HUMANITY BACK TO GOD & BACK TO RIGHTEOUSNESS & TRUTH IN THE HOLY INFINITE POWER OF GOD’S FOREVER LIVING GRACES & DIVINE POWER GUIDING YOU & PROTECTING YOU, ORLY, OUR LADY OF LIGHT; ORLY, OUR LADY OF OUR CIVIL RIGHTS, FREEDOMS, AND LIBERTIES PROTECTIONS!! IN, BY, WITH, & THROUGH GOD!! IN YESHUA’S HOLY NAME!!

  4. Jalapenio Hot
    July 7th, 2011 @ 3:31 pm

    Heat is getting close! Things are getting tight and a lot of people are going to land in prison over this. I’m sure those people are watching this blog like a hawk! It is time to come clean!

  5. john
    July 7th, 2011 @ 4:08 pm

    Good luck!

  6. will
    July 7th, 2011 @ 4:19 pm

    YOU ARE WINNING WHOOOOO HOOOOO.

  7. will
    July 7th, 2011 @ 4:20 pm

    YOU ARE WINNING WHOOOOO HOOOOO.

    GOT excited and didnt finish…. the usurper communist is on his last leg along with all his co conspiritors… sounds like gitmo needs to make room for a whole lots of barrys friends
    will

  8. Sue Smith
    July 7th, 2011 @ 4:37 pm

    So many of us really appreciate your efforts and are watching with baited breath for the revelation of the real Hawaiian records – if they do exist.

    And if we weren’t all out of work, displaced in our businesses, or underemployed aand suffering terrible in this languishing economy we would be happy to contribute financially to the cause.

    Keep up the good fight,
    Sue Smith
    12th Generation American
    from Singer Island, FL

  9. Daniel Holzer
    July 7th, 2011 @ 5:24 pm

    What exactly does this mean? Does this force the health department to release the LFBC? What happens if they still refuse to comply? Orley, you are a gift from God! Thank you for doing what most of us are unable to do!!

  10. A Friend
    July 7th, 2011 @ 6:19 pm

    Bravo! Once again you are at least one step ahead of them!

    Keep the heat on the state of Hawayii, Orly. Give ’em hell.

    It is a Titanic battle and once again you are showing how it is done.

    When does the united States have to answer your motion? Will there be a Hearing?

  11. dr_taitz@yahoo.com
    July 7th, 2011 @ 6:33 pm

    it’s true, it does mean light to me in Hebrew

  12. Florence Stone
    July 9th, 2011 @ 12:22 am

    And thanks to Orly “the light” we American people are seeing “light at the end of the tunnel”. The OBOTS should remember that Orly wasn’t schooled in the ‘dumb-down’ govt schools of America. as they have been. She came from Russia, very well educated, speaks more than one language, has more than one profession, and Obama and his minions are going to be defeated by her “swords of wisdom”. They are no match for her. As she said yesterday, losing is not an option, and THIS LADY IS GOING TO WIN…FOR ALL OF US!! God bless her and keep her safe always!!

  13. Danny Goh
    July 16th, 2011 @ 2:59 pm

    Thank you for your sacrifice of time and money etc. to protect the truth and value of civilisation against lies and cover up of the government for their self interest and agenda.
    We are with you all.

    Thank you

  14. Lisa Carter
    July 30th, 2011 @ 9:22 pm

    Fantastic! Best news I have heard about Obama since he entered the WH. The truth will set us free!

  15. Joseph DiLeonardo
    August 3rd, 2011 @ 4:40 pm

    When the Whitehouse posted a copy of a purported birth certificate OBAMA WAIVED CONFIDENTIALITY. Th Health Department iis ESTOPPED from asserting the confidentiality law as the one who has the right of confidentiality (Obama) waived it. It is just like any other privleged communication or confidentiality law- publish it and its GONE ASK for sanctions against the State of Hawaii for asserting a false poivilege they know better

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