Pending replies from actual lawyers I will offer that this will likely go nowhere.
From memory, Orly's ability to file additional motions was cut off five days before the Oct 5 hearing, and the case was dismissed “with prejudice” meaning don't even try to file another motion with the court on this case...go directly to an appeal or to another court.
Orly's case was dismissed for lack of jurisdiction, including failure to state a claim that the court can remedy and failure to complete service timely (before inauguration). All of this would still be true in DC except for the quo warranto part.
Orly is misleading the bench intentionally or unintentionally when she claims that the defense argued that DC was the correct jurisdiction for this case. DOJ argured that DC was the correct venue for quo warranto, but argued that quo warranto didn't apply to the POTUS.
Judge Carter disagreed in his ruling and said that DC actually was the correct venue for quo warranto for the POTUS, which made D’Onofrio’s day.
To me this means that Orly's motion here is pointless and her correct action is to re-file from scratch in DC for quo warranto with only the candidates who were on the ballot with Obama as plaintiffs and without including any of the other issues that are still on appeal by Kreep in CA. For Orly to try to get DC Circuit to re-litigate the non-quo warranto part of the case with all of the military plaintifs all over on a transfer would appear to be blatant forum shopping.
Orly’s just jealous because Donofrio and Pidgeon have a legitimate client (with standing) and are getting face time and serious consideration on the legal/bankruptcy blogs. She can’t stand not to be the center of attention.
She can't re-litigate, forum shop or resurrect any part of Barnett v. Obama, including Quo Warranto, which was specifically dismissed by Judge Carter in Part C of his October 29 order, Pages 25-26. The only recourse she has is an appeal in the 9th Circuit, and her chances of winning on appeal are non-existent, given the pathetic quality of her case, her non-existent legal skills, and the fact that her appeal (if she manages to file one) will most likely be joined to that of Kreep's, whom she detests as a rival.
If she wants to file Quo Warranto, she needs to do so as a new case (which the DOJ also argued) but, as Carter wrote, "Should a person other than the Attorney General of the United States or the United States Attorney wish to bring a quo warranto claim, that person must receive leave of court to do so. D.C. Code §§ 16-3502. This leave of court must be granted, according to the text of the statute, by the District Court for the District of Columbia."
And, as Carter noted, "The Complaint recognizes that the District of Columbia would be the appropriate district in which to bring this writ, but alleges that bringing this request to the United States District Court for the District of Columbia would be futile because the United States Attorney is biased and Judge Robertson within that district had already rejected a similar case in which President Obama’s qualifications were challenged. Compl. ¶¶ 32 - 35."
So, in effect, he told Orly to follow the law and go bang her head against the DC court's wall, which she doesn't want to do.