>Once the answer is filed, you KNOW they will move to dismiss on a variety of legal grounds. That will invite a round or two of briefing. The judge could conclude from those briefs that there are or are not grounds to proceed.
But I’d bet dollars to donuts that he did NOT say that the case will now proceed on its merits.<
correct me if i am wrong, i may well be. But if she gets the default then the arguments to dismiss can not be presented at this late time. That was the whole point i think???
This just slipped through the cracks of the Obama legal team and they can’t use the same tactics to keep it out of the courts as they have been.
if that is the case, then him saying that the case will proceed on it’s merits is only saying that he will hear the case and that the technicality of “standing” has been passed.
You and I share a certain confusion because these reports have been ambiguous, at best. So I will say what I think happened based on these report and what little I know as a non-lawyer about the way the courts work (I must confess, I am married to a lawyer, so know a bit, just not that much).
Dr Taitz filed a default motion because her complaint had not been answered. The court claimed the suit had not been served properly on the defendant. There is no case (any case) if the defendant hasn’t been served properly and timely; the case can be dismissed if that proper and timely service is not effected.
The court yesterday ordered US Attorneys to accept service of process on behalf of the defendant Obama. The defendant now has either 20 or 60 days to file an answer (depending on whether it’s considered a private or governmental suit as I understand it).
Once the answer is filed, it removes the grounds of the default judgment. So, unless they fail to answer, Dr. Taitz will not get the default judgment.
With the answer, the defendant’s attorneys will file a motion to dismiss. That will set off further briefing.
Then the judge will make a determination of whether or not there are grounds for the case to proceed. If he determines that there are grounds to proceed, he will issue a scheduling order, and that would include discovery. If he doesn’t find grounds to proceed, it goes to the Court of Appeals and on from there.
Again, it’s hard to know what really happened unless and until we can see a transcript of yesterday’s hearing. It seems to me the judge in this case was trying to get a contentious case on his docket on track, to get the technicalities about service out of the way, and after an answer is filed and briefing concluded, then look to see if there are or are not grounds to proceed, not that he said there are grounds to proceed.