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PostPosted: Mon Dec 05, 2011 10:13 pm 
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PostPosted: Wed Dec 14, 2011 10:41 pm 
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Al Hendershot filed a Motion for Preliminary Injunction against Mark Kennedy, Chairman of the Alabama Democratic Party. He fails to (1) demonstrate why he has standing to bring an action, (2) nor does he address even a single prerequisite for entitlement to relief:

  • That there is a substantial likelihood of success on the merits of the case
  • That the party seeking the preliminary injunction faces a substantial threat of irreparable damage or injury if the injunction is not granted
  • That the balance of harms weighs in favor of the party seeking the preliminary injunction
  • That the grant of an injunction would serve the public interest

But here's the clincher:

Quote:
Alabama Rules of Civil Procedure

Rule 65.
Injunctions.


* * *

(c) Security. No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs, damages, and reasonable attorney fees as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained; ...


This one should be disposed of fairly quickly.

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PostPosted: Wed Dec 14, 2011 10:50 pm 
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BB... "Perhaps" Al's "injunction" is part of this effort...

:evil: :evil:

Challenges to Obama’s eligibility were filed by multiple parties in 13 states: NH, HI, GA, SC, IL, NJ, PA, TX, AL, TN, OK, NC, AZ

Posted on | December 14, 2011 | No Comments


Quote:
Dr. Orly,

Today, we filed and Injunction to keep the Alabama Democratic Party Chairman, Mark Kennedy, from Certifying Obama for Ballot Access until they prove in Court ](*,) that he is a Natural Born Citizen with a valid Social Security Number.The Montgomery County Sheriff Department will serve the Court Papers to the Democratic Party Chairman in Montgomery, Alabama. This will take several days before service is completed.

Once served the Court will establish a Court Date for hearing. This is the only case in the States that has done this. In Alabama it is the Party Chairman that Certifies the Candidates to the Secretary of State. If the Party certifies them then they go on the Ballot. Basically, all the Alabama SOS is “is nothing more than a rubber stamp”.

Harold


Funny how those silly little laws work.

Whether connected to BB's post above or not, another with a very short life.

Someone may wish to ask Harold to show where in the Constitution a valid SSN is required to be president. :lol:

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PostPosted: Wed Dec 14, 2011 10:55 pm 
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Same case, realist.

Great minds think alike. :-bd

Harold and Al have the burden of proof bass ackwards. Boy, are they in for a surprise!

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PostPosted: Wed Dec 14, 2011 11:04 pm 
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Quote:
A party seeking a preliminary injunction has the burden of demonstrating '(1) that without the injunction the plaintiff would suffer immediate and irreparable injury; (2) that the plaintiff has no adequate remedy at law; (3) that the plaintiff has at least a reasonable chance of success on the ultimate merits of his case; and (4) that the hardship imposed on the defendant by the injunction would not unreasonably outweigh the benefit accruing to the plaintiff.'" Ormco Corp. v. Johns, 869 So.2d 1109, 1113 (Ala. 2003).




Al Hendershot is going to be used as a floor mop by Whatley Drake & Kallas.

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PostPosted: Wed Dec 14, 2011 11:23 pm 
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Also. Too. I noticed NH, HI and TN are on the list.

Late to the party much? :lol:

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PostPosted: Wed Dec 14, 2011 11:33 pm 
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realist wrote:
Also. Too. I noticed NH, HI and TN are on the list.

Late to the party much? :lol:


But not Florida.

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PostPosted: Wed Dec 14, 2011 11:38 pm 
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mimi wrote:
realist wrote:
Also. Too. I noticed NH, HI and TN are on the list.

Late to the party much? :lol:


But not Florida.


From mimi's link above another birfer genius sez...

Quote:
An outside the box idea just occurred to me. Shouldn’t our State Attorney General, Pam Bondi, file the lawsuit ? Her job is to take action when a crime has been committed. Obama’s certifying he was a “Natural Born Citizen” when he filed his papers in 2008 was a fraud. His use of forged documents and a Social Security number of someone else for I.D. purposes is also fraudulent. This is another avenue that can be considered for those states which may have an AG who is ”friendly” to this issue– or who will just carry out their sworn duty per their Oath.

Please let me know your thoughts.

Jack Mertz


Here's my thoughts for you Jack... NO!! She should not and will not.

She (and all the other 56 :P will do just as you state above, "just carry out their sworn duty per their Oath." Which means they will obey the law as it exists, not how you wish it were in your birfer dreams.

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PostPosted: Thu Dec 15, 2011 12:25 am 
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I just read Al's daffydavit. I don't think "personal knowledge" means what Al thinks it means.

I'd LOVE to be there if there's a hearing and have opposing counsel, confirmed by the Court that he (and all the other birthers) are so FOS on Minor. That would be sweet.

The first page of his "preliminary injunction" is nothing more than Orly repeated. The rest is complete and total BS and just more "I say so" with no law cited as to why he should receive an injunction under Alabama law, etc., etc. Rinse/repeat.

I'm glad these are filed in at least 13 states. That will shorten the process considerably. :-bd

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PostPosted: Thu Dec 15, 2011 1:31 am 
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Butterfly Bilderberg wrote:
Excuse my ignorance, but what is a NEALTE CONSTITUTIONALLY LEADERDATED?


I've been taking a class in birf, so allow me take a stab at it.

NEALTE PEALTE SHADOWS CONSTITUTIONAL FORCEPS:

In his first complaint, Hendershot wrote:
6. Therefore, any judge-derived doctrine that limits this state’s authority to enjoin the Defendants based upon so-called democratic considerations such as the “political question" doctrine ignores the anti-majoritarian nature of the Constitution and negates the purpose of the Constitution. Such doctrines are logically unsupportable and unconstitutional on their face.


LEADERROPE BOARDING PLEASE REMEDYMAKE UP:

In his new injunction masterpiece, Counselor Hendershot wrote:
4. Modification of rules /regulations for candidate eligibility verification/authentication in order to stop elections fraud and forgery…


It's all quite consistent once you understand how to conjugate birf. (In short, it's OK for a judge to make up law if a birfer demands it, but it's oh-so-naughty to exhibit judicial restraint if that means telling the birfer to piss up a rope.)

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PostPosted: Thu Dec 15, 2011 6:48 am 
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Piffle wrote:
I've been taking a class in birf, so allow me take a stab at it.


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PostPosted: Thu Dec 15, 2011 9:06 am 
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Butterfly Bilderberg wrote:
But here's the clincher:

Quote:
Alabama Rules of Civil Procedure

Rule 65.
Injunctions.


* * *

(c) Security. No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs, damages, and reasonable attorney fees as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained; ...


This one should be disposed of fairly quickly.


Well, surely you know that the court's discretion can be that the sum is zero or nominal.

I think we both know what the odds of that are even if the court mischievously granted this injunction, though. Wild guess? A $10K the plaintiff would never see again.

I don't think it will be granted at all, though, even with security.

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PostPosted: Fri Dec 16, 2011 7:45 am 
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Orly in all her glory quotes from the Alabama SOS website and shows her Flying Monkeys exactly how she intends to get Obama challenged thru the Alabama primaries election system (snippered to the relevant sentences), highlighting in red carried over from Orly:

xxxhttp://www.orlytaitzesq.com/?p=29157
Quote:
TO MY SUPPORTERS IN AL: HELP ME PUT LEAH LAX ON THE BALLOT IN AL, SO WE CAN SUCCESSFULLY CHALLENGE BO THERE
Posted on | December 16, 2011 | No Comments

Alabama Secretary of State Office
Contact Info : Beth.Chapman@sos.alabama.gov
ALABAMA

Primaries:

Per Section 17-13-70 of Alabama Statutes Time for contesting generally; hearing.

Any contest to a nomination made by primary election must be filed within 24 hours after the results of the primary election have been declared,
...
Grounds.
The contests of nomination by a party for office, other than a county office, may be instituted by any qualified elector of the state, or of the political subdivision, as the case may be, who belongs to that party and who legally participated in such primary election, upon the following grounds, which may be used separately, or else be joined in the same contest:
(1) ....
(2) When a person whose nomination is contested was not eligible to the office sought at the time of the declaration of nomination.
(3) etc etc etc.


Orly totally misses the fact that she needs an elected elector or a Democratic voter (who possibly voted for her candidate Leah Lax) to trigger any contest. Obviously it's not up to the presidential candidate themselves to enter a challenge.


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PostPosted: Fri Dec 16, 2011 8:06 am 
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RTH10260 wrote:
Orly totally misses the fact that she needs an elected elector or a Democratic voter (who possibly voted for her candidate Leah Lax) to trigger any contest. Obviously it's not up to the presidential candidate themselves to enter a challenge.


FIFY
Sorry to be anal about that. It is a pet peeve of mine as the Conservatives deliberately use the noun in place of the adjective pejoratively.

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PostPosted: Fri Dec 16, 2011 12:29 pm 
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Orly also overlooks the fact that her "candidate" is running and registering with a false name. What is Leah Lax hiding? Where are the documents proving her own eligibility?

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PostPosted: Fri Dec 16, 2011 1:14 pm 
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Quote:
Obama should be blocked from Alabama ballot, Jefferson County lawsuit contends
Published: Friday, December 16, 2011, 7:13 AM Updated: Friday, December 16, 2011, 7:55 AM
Eric Velasco -- The Birmingham News By Eric Velasco -- The Birmingham News The Birmingham News


BIRMINGHAM, Alabama -- President Obama has a forged birth certificate and is ineligible to be on the Alabama Democratic Primary ballot because he is not a citizen, a Birmingham man has said in a lawsuit filed in Jefferson County Circuit Court.

The suit asks Circuit Judge Helen Shores Lee to hold an evidentiary hearing and issue an injunction against Mark Kennedy, the Alabama Democratic Party chairman, from putting Obama on the March 13 party primary ballot.

"Barack Hussein Obama, II, is not a natural-born citizen and is not qualified to be on the ballot as a presidential candidate," Albert E Hendershot Jr., who filed the suit on his own behalf, said in an accompanying affidavit. "In 2008, when Mr. Obama ran for the U.S. Presidency, he was never vetted and he never provided documentary evidence of his natural-born status."[...]


remainder (not much)
http://blog.al.com/spotnews/2011/12/oba ... be_bl.html

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PostPosted: Fri Dec 16, 2011 1:17 pm 
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That story is posted to Fark.

http://www.fark.com/comments/6821438

a yawn so far though.

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PostPosted: Mon Jan 02, 2012 12:18 pm 
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Defendant's Motion for Expedited Status Conference

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PostPosted: Mon Jan 02, 2012 2:11 pm 
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As predicted, Sirote & Permutt attorney Barry Ragsdale will be representing the Alabama Democratic Party. The motion for expedited status conference was filed by him. Footnote 1 hits the mark. Motion to dismiss is forthcoming.


Quote:
Announcer:

In this corner, AV-rated1 attorney Barry A. Ragsdale, admitted to practice in the U.S. Supreme Court, U.S. Court of Appeals for the First and Eleventh Circuits, U.S. District Court for the Northern District of Florida, Supreme Court of Alabama, and U.S. District Court for the Northern, Middle and Southern Districts of Alabama.

In the other corner, Albert E. Hendershot, Jr., bill collector.


My money is on Barry.




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PostPosted: Mon Jan 02, 2012 2:19 pm 
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In the other corner, Albert E. Hendershot, Jr., bill collector.


Oh, let's not forget he's also an expert in analyzing real estate transactions and family trusts, etc.

Yeah, my money is still on Barry. :lol:

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PostPosted: Mon Jan 02, 2012 2:22 pm 
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In the other corner, Albert E. Hendershot, Jr., bill collector.


And WND contributor!

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PostPosted: Mon Jan 02, 2012 2:35 pm 
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realist wrote:
Quote:
In the other corner, Albert E. Hendershot, Jr., bill collector.


Oh, let's not forget he's also an expert in analyzing real estate transactions and family trusts, etc.



My money is on Barry on the issue of trusts, too. Also.

Quote:
Mullins, Wright and Ragsdale to Speak at ABA Fall Trust Conference

September 27, 2011

Sirote & Permutt attorneys J. Sanford Mullins, Barry A. Ragsdale and Peter M. Wright will be featured speakers at the 2011 Alabama Bankers Association Fall Trust Conference. The topic of the presentation will be Trends in Trust and Estate Litigation. The conference will take place on Sept. 29-30, 2011, at The Wynfrey Hotel in Birmingham, Ala.

As a member of Sirote’s Estates, Wills and Trusts practice, Mr. Mullins assists individuals and families with challenges they face in the area of probate administration, especially those with estate, gift, or income tax implications.

Mr. Ragsdale is a trial lawyer in Sirote’s Birmingham office. His varied practice includes representing defendants and plaintiffs in complex litigation in state and federal courts, including shareholder disputes, class actions, and business fraud cases. Mr. Ragsdale has also recently been involved in a number of high-profile and significant trust and estate matters.

At Sirote, Mr. Wright's practice focuses on trust and estate litigation matters, with particular emphasis on will contests, estate and trust administration matters, joint account or joint ownership of property disputes, power of attorney litigation, and general representation of fiduciaries (including trust institutions or corporate trustees), and beneficiaries of estates and trusts. Additionally, Mr. Wright routinely handles adversarial and non-adversarial guardianship and conservatorship matters, and has been appointed to mediate various trust and estate administration disputes.


http://www.sirote.com/mullins-wright-an ... erence.php

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PostPosted: Mon Jan 02, 2012 4:19 pm 
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I think their arguments have as much chance as this guys...

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PostPosted: Mon Jan 02, 2012 5:24 pm 
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So is there a really good reason why the Motion to Expedite fails to cite any law in support?

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PostPosted: Mon Jan 02, 2012 5:35 pm 
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realist wrote:
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In the other corner, Albert E. Hendershot, Jr., bill collector.


Oh, let's not forget he's also an expert in analyzing real estate transactions and family trusts, etc.


Hmm. Bill collector + expert in trusts?

Sounds like he may be an expert in generation skipping trusts. You know: bubba's generation, pa's generation, granny's generation, whichever. You can trust Al to run down whoever skipped, even if its a whole generation of the family. Trust him.

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