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Carter denied Orly relief from stay of discovery
scribd ^ | 10/8/2009 | Judge David O. Carter

Posted on 10/08/2009 2:40:40 PM PDT by Elderberry

Orly's request of Relief from Stay of Discovery was denied

(Excerpt) Read more at scribd.com ...


TOPICS:
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; obama; orlytaitz
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To: classified

Orly misunderstood routine clerical housekeeping as meaning Judge Carter had denied the Motion to Dismiss. She then filed a motion to lift the Judge’s stay on discovery. He simply denied that motion, which would never have been filed by competent counsel.

Judge Carter still has to rule on the Motion to Dismiss. I suspect he will grant it.


21 posted on 10/08/2009 3:03:43 PM PDT by tired_old_conservative
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To: Neidermeyer
So this is Judge Carter getting Orly straightened out as to who is in charge and who is setting the agenda.. ie. she had no reason (yet) to file that motion.. right?

The plaintiffs can ask the court as many times as they want to remove the stay for discovery. No skin off anyone's teeth. The judge most likely will not remove his stay until he decides on the defense's 'motion to dismiss' - if it is dismissed.

22 posted on 10/08/2009 3:04:35 PM PDT by Red Steel
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To: LaybackLenny

It’s just a dumb thing. The Motion to Dismiss has yet to be ruled on.


23 posted on 10/08/2009 3:04:52 PM PDT by tired_old_conservative
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To: Elderberry
One minute and 12 seconds.

This has to be a new record for you.

Stimulus money went for faster PCs in Rahm's office.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

24 posted on 10/08/2009 3:06:20 PM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: Non-Sequitur

Yawn.


25 posted on 10/08/2009 3:06:48 PM PDT by vikk
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To: classified

Here goes: Orly Taitz, attorney for Captain Barret (and other plaintiffs, IIRC), filed a motion the other day to ask the judge to allow discovery to proceed. The discovery was stayed (english: postponed) pending the Judge’s decision of 0’s motion to dismiss the case outright, without any further discovery. It seems the Judge did not want the parties to spend a lot of time and money if the case may get dismissed anyway.

In case you don’t know, discovery is the pretrial process where each side gets to make various types of requests to get information about the case. It can be in the form of written questions (interrogatories), examination of witnesses (depositions), document requests and variations of these procedures to non-parties who may possess information. The point of the exercise to obtain as much information as you can to help you win or defend the case at trial and even to enable you to make motions to dismiss or to expand the case, based on the information developed through discovery, before the trial.


26 posted on 10/08/2009 3:08:06 PM PDT by JewishRighter
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To: Neidermeyer

And you may see the trolls here say Orly is embarrassing herself.

You don’t get ‘embarrassed’ for asking (by the plaintiffs) the court to move the ball forward by asking for discovery to be granted.


27 posted on 10/08/2009 3:09:19 PM PDT by Red Steel
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To: tired_old_conservative
Judge Carter still has to rule on the Motion to Dismiss. I suspect he will grant it.

That got my attention. Who's motion to dismiss what? Please excuse my ignorance with regards to all of this, but what does this statement mean?

28 posted on 10/08/2009 3:09:45 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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To: Red Steel

It seems to me that Discovery is the whole case. Discovery would obviously request to see the Birth Certificate.

The BC will show one of two possible things: Obama is a natural-born citizen or he isn’t.

I don’t know how the judge can stay Discovery if he really intends for the case to proceed.


29 posted on 10/08/2009 3:10:54 PM PDT by FroggyTheGremlim
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To: Red Steel

Exactly. There was no down side to asking.

This is a case whose outcome will likely be determined when and if the appropriate discovery is ever allowed and obtained.


30 posted on 10/08/2009 3:11:52 PM PDT by Canedawg (FUBO)
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To: LaybackLenny

The lawyers representing Obama have moved to dismiss the case. That’s what the majority of Monday’s hearing dealt with. Judge Carter has not ruled on that motion. Life is never totally predicatble, but reading bewteen the lines, I suspect he will grant the motion to dismiss.


31 posted on 10/08/2009 3:12:50 PM PDT by tired_old_conservative
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To: classified

I read the other responses to your question, and you can disregard all of them.

What actually happened was that Orly filed a motion to go forward with discovery after the judge ordered that discovery be stopped pending his ruling on the motion to dismiss. It is no surprise the motion was denied, but that doesn’t mean it was wrong to file it.

If the discovery had been allowed, the plaintiffs could have pursued motions to produce genuine documents and the like. Now, it’s just wait and do nothing til the motion to dismiss is ruled on. Like some others, I think dismissal is likely.


32 posted on 10/08/2009 3:13:42 PM PDT by San Jacinto
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To: JewishRighter

Oooh, thank you. That was completely understandable!


33 posted on 10/08/2009 3:14:31 PM PDT by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black. Mmm Mmm Mmm.)
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To: Red Steel
It is always embarrassing, in any profession, to demonstrate a lack of understanding as to basic procedural rules taken for granted by competent practitioners. Orly didn’t just file a motion to speed things along. She fundamentally misunderstood simple clerical material.
34 posted on 10/08/2009 3:16:00 PM PDT by tired_old_conservative
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To: Elderberry
Maybe she failed to sign it or spelled her name wrong.

Who knows what the Taitz clown may have screwed up this time.

35 posted on 10/08/2009 3:17:54 PM PDT by humblegunner
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To: LucyT

TANKS,Lu...


36 posted on 10/08/2009 3:22:13 PM PDT by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: LaybackLenny

You asked a troll, but I’ll answer. On or about the 25th of August, the Government asked the court to dismiss the case. The plaintiffs responded to the governments ‘motion to dismiss’ arguing for their case to continue. This went on with court filings throughout September until the October 5th Hearing. The Hearing went on for most of the morning, but no decision was made by the court to dismiss the Defense’s motion or grant it. It has been put off until the judge can gather, digest, and make a decision on the case. The Plaintiffs in the mean time, requested again for discovery, which the judge has denied. The judge will most likely not remove his stay for discovery until he makes a decision about the government’s ‘motion to dismiss’ ...by dismissing it and letting the case go forward.


37 posted on 10/08/2009 3:25:31 PM PDT by Red Steel
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To: humblegunner
“Maybe she failed to sign it or spelled her name wrong.”

Or she is putting her legal skills on display so that she will receive the next appointment to the SCOTUS.

38 posted on 10/08/2009 3:26:16 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: tired_old_conservative

Your one tune posts are nothing but old and tiring.


39 posted on 10/08/2009 3:27:58 PM PDT by Red Steel
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To: tired_old_conservative

Okay. I’ve been raked over the coals here previously for my cynicism as to whether any of this legal exercise will bear good fruit. (I sincerely hope that it does.) Having said that, I ask this in good faith and with no desire to ruffle anyone’s feathers: Do you trust that, if what you say re: the likelihood of dismissal comes to pass, the result will be on the up-and-up? In other words, do you as many others here believe that this judge, being a Marine, will be fair and honest regardless of his decision?


40 posted on 10/08/2009 3:28:21 PM PDT by LaybackLenny (Sarah Palin can see the left's heads explode from her house!)
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