Posted on 03/05/2009 1:52:30 PM PST by rxsid
ORDER For the reasons set forth in an accompanying memorandum, the defendants' motion to dismiss [#9] is granted, and John D. Hemenway is ordered to show cause within eleven days of the date of this order why he should not be sanctioned under Rule 11(b) of the Federal Rules of Civil Procedure.
http://www.scribd.com/doc/13033216/Dismissed
PING.
James Robertson (born 1938) is a judge for the United States District Court for the District of Columbia. James Robertson was appointed a United States District Judge by President Bill Clinton in 1994. Chief Justice William Rehnquist later placed him on the Foreign Intelligence Surveillance Court. On December 20, 2005, Judge Robertson resigned his Foreign Intelligence Surveillance Court position.
After graduating from Western Reserve Academy in Hudson, Ohio, he graduated from Princeton University in 1959 and received an LL.B. from The George Washington University Law School in 1965 after serving in the U.S. Navy.
11 (b) Representations to the Court.
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
FLOOD THE DOCKETS MY FELLOW PATRIOTS!!!!!!!!!
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(a) Signature.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.
(b) Representations to the Court.
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(c) Sanctions.
(1) In General.
If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
It figures Rat Judge.
"This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end."
Ruh roh. Sanctions for this attorney are unavoidable. Disbarment isn’t out of the question. Federal courts don’t play games.
No thanks, I don’t want to be sanctioned for bringing a frivolous lawsuit.
Getting out my flame resistant suit.
I wondered how long it would take for them to use Rule 11, to go after the attorneys as a means of protecting Barry.
"The issue of the President’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court."
What's wrong judge are afraid you'll be kept off the DC cocktail list?
Judge Robertson resigned FISA probably to embarrass the Bush administration. A Clinton appointee in 1994.
Regardless of where you stand on this issue, I believe this Missouri bill is a great idea. As an old commanding officer of mine use to say, inspect what you expect. We should do the same for the most important job in the country.
Raised? Yes! Vetted? Hell, NO! Apart from 0bama, who else has seen the actual BC? The governor of HI? And, that brought us what? At best, an ambiguous statement that cleared up NOTHING.
The fact remains that BHO has NOT PROVIDED any evidence of his eligibility to hold the office to which he pretends.
It’s time to take back the country, and it should start with this issue...
Hear! Hear!
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