Carter denied Orly relief from stay of discovery

scribd ^ | 10/8/2009 | Judge David O. Carter

[Elderberry]

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

[etraveler13]

Or perhaps, it was a clever mechanism to determine the Judges state of mind? It does not hurt to ask, I have talked to 3 of my associates who are lawyers, ALL have stated that when a court case bogs down, its normal to file for additional information, anything to keep things moving, and perhaps give them an edge on how to proceed. What she did has plenty of provenance in the court room, and is SOP.
What it did tell her is (IMO)
1. He has not yet made up his mind
2. Which means that its a better than even chance that he will deny the MTD
3. Additional information is surfacing daily, and by not ruling, he stops the DOJ from filing other motions.

[mlo]

Don’t worry. When jerry and red say someone is a troll, it just means that person once expressed some skepticism about one of their posts.

[little jeremiah]

Tired Old whatever he is signed up about two/three days ago solely to post his support for 0bama by disrupting these threads. Another one did the same day, can’t remember screen name. A bunch of others got banned. Some are still here.

The 0team hires people to do this, some may be volunteers just for the fun of it, some also registered on DU or other leftist crap sites.

That’s thew ay it it.

[tired_old_conservative]

I wouldn't say SOP, particularly since it was prompted by her informing her clients that she had succeeded because the court issued some standard minutes. She didn't understand what standard court clerical activities meant, which is why she filed the motion and wrote that silly e-mail.

This one isn't really bogged down, either. It's awaiting a break point decision that will come soon, and there's nothing to move until that decision occurs.

[jarofants]

[MEDIA UPDATE: I will be on the Jeff Rense Radio Program tonight 8-9 PM Pacific time.]

[tired_old_conservative]

I will let the lucidity and responsiveness of my comments stand on their own. I’m old enough to remember when conservatives valued clear, objective thinking.

[Frantzie]

Ahh it is Drew68 who is probably also Mlo and Non-Seq. You keep cross posting your trolls to yourself. You really are pathetic and the same person.

You ahve to keep chiming into the others posts to try to bail them out because I smacked down MLO and Non-Seq.

You amuse me - like a clown. Do carry on.

[Sibre Fan]

If the judge has stayed discovery, hasn’t he pretty well telegraphed his decision on the Defendant’s dispositive motion?

NO. The Judge stayed discovery back on September 16, before the hearing on the Motion to Dismiss. According to that order, All discovery herein shall be stayed pending resolution of Defendants’ Motion to Dismiss, except for any discovery as to which Plaintiffs can demonstrate, to the satisfaction of Magistrate Judge Nakazato, is necessary for the purpose of opposing the Motion to Dismiss. Orly filed her Ex Parte Application essentially asking him to modify that order and lift the stay, even though the Motion to Dismiss was still pending.

Just as the Hearing Minutes published yesterday shouldn't be read to be telegraphing anything, this order, which does nothing more than maintain the status quo pending ruling on the dismissal motion, shouldn't be read as telegraphing anything.

[JewishRighter]

You’re welcome. I’m trying to contribute something useful to a discussion that sometimes gets too carried away by confusion about the true significance of certain events in the proceedings. I’ve had a real issue with WND sensationalizing each little thing.

[JewishRighter]

I would suggest a slight modification to your otherwise very good reading of the posture of the case. Conceivably, the Judge’s denial, at this juncture, when he has postponed (or reserved) decision on the MTD, is a slight hint against the plaintiffs. If he was preparing a decision in favor of the plaintiffs, there would be no reason to deny the motion to lift the stay, as it would help to assure the partys’ sufficient time to do discovery. Given a January trial date, it is getting to the point of no return to accomplish any reasonable amount of discovery and still keep that trial date.

OTOH, if he is writing a decision dismissing the case, it makes it automatic that he would deny such a motion.

Of course, all of this is just weighing the circumstances and making an educated guess based on the “right” inferences. At the end of the day, I take your point that, when everything is said and done, judges (and juries) just do whatever the hell they want and there’s practically no use prognosticating.

[RebelTex]

“I’m an artist...Can one of you on this thread explain this to me briefly in regular people terms what all this means.”

Certainly. Orly wants to use a broad brush to paint the people, their features and expressions, and their costumes.
The judge has said ‘No, you can not do that with a broad brush. And you must first fill the background of the canvass with the sky, sun, and mountains before doing the foreground with trees, grass and buildings. Once that is in place, then we can use a fine brush for the details such as people, etc.

In more legal terms:
Plaintiff’s Motion for Discovery (Orly)
Defendant’s Motion to Dismiss (Obama atty.s)
Judge’s Stay of Discovery (Judge to Orly - ‘Not Yet, I won’t allow Discovery to procede at this time. I’ll decide on that later.’)
Judge’s Ruling on Motion to Dismiss (pending)
Plaintiff’s Motion for Relief from Stay of Discovery (Pretty please, Judge, I really want Discovery)
Judge’s Ruling on Motion for Relief (No, Orly, I told you to wait until I rule on Motion to Dismiss, then I will rule on Motion for Discovery if I denied the Defendants Motion to Dismiss.)

Hope that helps.

[parsifal]

You have a wicked sense of humor! But I heard Holder was on to them. He’s ordering different flavored lattes at every shop to throw off suspicion.

parsy, who says congrats!

[parsifal]

Great, but you left out:

Judge’s Ruling: This case is dismissed for lack of standing, justiciability and on grounds of undifferentiated zaniness.

Orly’s Motion to Reconsider: The judge is a commie who owns stock and drinks coffee with people.

Judge’s Show Cause Order: Why shouldn’t I fine you and put you in jail for a while?

Orly’s Response: Because my clients just fired me. But I want you to recuse anyway because you didn’t let me win.

Orly’s Petition for Habeas Corpus: Help! I’m in jail and I can’t get out!

parsy, who sees it coming

[Sibre Fan]

Thanks.
Ok. I hear you, and that's a legitimate point. But I think that the fact that he'd already ordered the stay pending ruling on the Motion to Dismiss was reason enough.

As for running out of time, he did say in today's order that if (the case moves forward and) the parties want more time for discovery, they can request an extension.

Yes, that will likely move the trial date, but that option is there. ("Final schedules" set at the beginning of the case are like first sweethearts - they almost never last.)

As you said, there's practically no use prognosticating, so I guess we'll find out - when we find out!

[classified]

Thankyou! Excellent...If you are not a teacher you certainly have missed your calling.

Has any of the cases filed toward uncovering the B.C. ever gotten passed this point where this case is currently at?

[virgin]

Just seems like TV attorneys have ruined the reputation of true dog-eat-dog trial attorneys like Ms. Taitz. Most of my most obnoxious legal friends are part of that pack, and Orly has all of those instincts, bless her heart.

[etraveler13]

Actually, she stated what the court told her:

---

On September 8, 2009, the Court previously set tentative case management dates. The
Court now orders those dates be made final.
Case Management dates are as follows:
Motion for Summary Judgment Hearing December 7, 2009, at 8:30 a.m.
File Motion for Summary Judgment November 16, 2009
Opposition to Motion for Summary Judgment November 26, 2009
Reply to Motion for Summary Judgment November 30, 2009
Final Pretrial Conference January 11, 2010, at 8:30 a.m.
Jury Trial January 26, 2010, at 8:30 a.m.
http://www.orlytaitzesq.com/?paged=2

---

Please forgive me, but I would take the word of 3 attorneys who currently practice law, over you saying it is NOT SOP, but your entitled to your opinion, as am I.

---

She did not interpret what the court said, she reported it.
In Fact, this is what she said:

---

I just got an order from judge Carter. He does not say outright that the motion to dismiss, but he says that the dates for trial are final. We might need to ask for the clarification, but from the first glance it looks like a go.
http://www.orlytaitzesq.com/?paged=2

---

This does not agree with your statement, that she did not understand what the court clerks meant. Does it still seem that way to you???

---

“Bogged Down”, is a matter of interpretation, where time is paramount. A day is very important to a case where “Others”, it appears, have no problem with manipulation of evidence (re:Hawaii files changed)
It was a prudent move, and the worst that could happen was what did happen, the best, was that discovery would now begin.

---

Patience is all that is left to us...

[patriot08]

_____________________________

JB Williams

http://canadafreepress.com/index.php/article/12999

(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.

(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.

(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.

(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.

(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.

(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.

(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..

Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999

___________________________________

A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:

Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.

Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.

She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!

She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880

Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.

So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.

HELP HER!
PayPal:
http://www.orlytaitzesq.com/blog1/

http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded

[American Constitutionalist]

" If the judge has stayed discovery, hasn’t he pretty well telegraphed his decision on the Defendant’s dispositive motion? "

Can you translate that in common man legalese, please ? ?

[Red Steel]

As you see, brand new troll tired_old_con has one job here is to BS on the threads and support the other old resident trolls.