HERE IS THE REPORT I WAS GIVEN BY BB FROM WAVEYDAVEY, WHO ATTENDED THE HEARING:

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WAVEY DAVEY'S REPORT OF THE MOTION TO SHOW CAUSE HEARING IN KEYES V OBAMA 7/12/09

AS DICTATED TO ME BY BB

I received a call from wavey davey who attended today's hearing in the Central District of California. The outcome is not what we expected, but it is clear that the judge wants to position the case so that he can rule on the merits.

The judge had stern words for Orly a number of times, although he showed a lot of patience. She kept going off on her litany regarding the hundreds of Social Security numbers, and the judge let her bather on for a while. She also repeatedly asked the Court, "Why are the United States attorneys here? They have no standing, they're not allowed to be here," and the Court corrected her on that.

She wanted to talk about the merits of the case and the court said, "Today is not about merits, it is about procedure."

The court made clear, several times, that he wants this case to go forward on the merits but he did say that proper service had not been achieved on Obama. The U.S. Attorney's office was represented by DeJute. At first Mr. DeJute said that he was not authorized to accept service on behalf of the United States but it was determined that the U.S. Attorney for the district could accept service and so the court ordered Orly and DeJute to confer and to march downstairs together to properly serve the United States Attorney.

Charles Lincoln was present as a "law clerk."

Wavey davey described him as "short, dumpy, early middle-age, balding."

Orly continually argued with the judge. The judge responded, "I'm giving you a gift." When she continued to want to argue the merits and that she had achieved service the judge said, "I think you must be deaf. You aren't listening. You're stubborn."

The judge kept saying that he wanted "what gets this case into court on the merits."

So what was agreed was that the service would be achieved on the United States Attorney, the United States would have 60 days to respond, and the United States many not ask for any extensions of time.

Orly still wasn't even satisfied with this result and the judge kept saying, "If you want this expedited I'll do this, but we need to get this resolved for once and all."

At one point then Orly said she wanted mediation. The judge's response was, "What's to mediate? Either Obama is president or he is not."

At one point Orly started to read the motion that she filed today. The judge cut her off saying, "I can read." He noted that he had worked all weekend and would have been available to read this had she filed it earlier. "I've seen it. It's not relevant, you're wasting your time reading it into the record."

Waveydavey did note that, as expected, Orly exhibited that she really does not have the socialization skills of others in the legal community. He said it was rather funny, when she first came into the courtroom she was beaming at her Orlybots -- there were a number of them there -- he was the only Obamabot or Obot there -- she had a huge bag stuffed full of things, as well as her purse, and she marched right up beyond the gate and sat down at counsel table.

The courtroom deputy to whom she had not entered her appearance, spoke to her and told her, "It's not your turn. Go back to the gallery and sit down. Your case will be called," and Orly was quite flustered because she obviously doesn't know the custom of a docket call.

Waveydavey also described her as being very pushy and that the judge, on a number of occasions, cut her off. At one point he called for a recess saying, "You need to calm down."

The judge, several times, indicated that he wants to be able to rule on the merits of the case stating, "This needs to be resolved. We need to get rid of all these doubts."

Orly indicated that she intends to file a FOIA request. The Court said, "Go ahead, but it would be a waste of time. If we're going to hear this on the merits there may be rulings, you know, regarding documents."

END OF REPORT BY WAVEYDAVEY

BY BB: My own commentary is this is not the result we are hoping for today but my sense, and the sense of wavey davey, who was there, is that what the judge wants to do is to set this up so that he basically rules on the merits that Obama is eligible to be president and perhaps to shut down Orly's lawsuits. Whether that will actually satisfy Orly and the birthers, I doubt.

i]If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1).[/i]

While I have no problem with the case proceeding, it still must proceed as the case was filed, meaning starting from scratch, from the complaint forward, I would assume.

Judge Carter has already "stretched" the rules beyond measure to do what he did today. I don't for a minute believe he's going to allow normal legal steps to be thrown out the window beyond what he's already done.

Federal judges are not in the habit of setting themselves up to be purposely reversed on appeal...

For instance, I assume he must grant Orly's motion to dismiss the remaining defendants.

Will he grant her motion to proceed only on Count I? (How can he? It's moot on its face).

First Cause of Action - Declaratory Relief
50. Plaintiffs reallege paragraphs 1 through 45 and pray this Court will declare whether under Article II, Section 1, and Amendment 20 Section 3 of the U.S. Constitution, Defendant Barack H. Obama is a natural born citizen and that Plaintiffs' attorneys are entitled to a reasonable fee; and
51. Grant a judgment including costs of this proceeding and fees as are applicable by law; and such further relief as the Court deems just and proper.

Continued from the previous thread ya'll are missing the point (or perhaps I am, wouldn't be the first time) remember that with Orly IT IS NO LONGER ABOUT THE BC, as far as she is concerned it doesn't matter if the BC says he was born in HI, she claims both his parents must be citizens, so if it proceeds on that single issue alone a RULING FROM THE JUDGE THAT AN NBC IS A CHILD BORN ON US SOIL REGARDLESS OF THE STATUS OF THE PARENTS PUTS THE ISSUE TO BED. Also Orly could appeal it, and if whatever circuit court of appeals upholds the ruling it could go to the Supremes. This is not about the BC this is about the definition of an NBC.

Tes - I was following up on something Justin said in the previous thread about hoping that the long form BC is subpoenaed to court, which would be great of course because it would blow all the birfers out of the water, but to Orly the long form BC is no longer relevant to her quest to prove Obama ineligible, as evidenced by the First Cause of Action in the complaint. Of course she will then go into the "adoption" "Indonesian citizen" yada yada yada, but IF the Judge finds that Keyes has standing and then declares that an NBC is a child born on US soil it is game over for the birfers, I would like to see that.

(However, her COMPLAINT does still address the COLB issue. She may have changed her focus in her blathering blog, but her COMPLAINT still raises the issue. The Court will -- has to -- rule based on the Complaint. I don't think that the NBC (two parent argument) even appears in the complaint, although I may have missed it ....)

As suggested in the post above, I suspect Judge Carter didn't want to dismiss a case for lack of service,

Tes - I was following up on something Justin said in the previous thread about hoping that the long form BC is subpoenaed to court, which would be great of course because it would blow all the birfers out of the water, but to Orly the long form BC is no longer relevant to her quest to prove Obama ineligible, as evidenced by the First Cause of Action in the complaint. Of course she will then go into the "adoption" "Indonesian citizen" yada yada yada, but IF the Judge finds that Keyes has standing and then declares that an NBC is a child born on US soil it is game over for the birfers, I would like to see that.

Absolutely true, but the COMPLAINT is based on some executive order issued by Bush that doesn't apply to Obama's eligibility... so the only ISSUE that the Judge can rule on is whether or not Keyes can sue Obama pursuant to that executive order. Since the answer has got to be "no he can't"... no one ever gets to the COLB thing.

As suggested in the post above, I suspect Judge Carter didn't want to dismiss a case for lack of service, only to have Orly re-file and serve (or at least try again to serve and end right back in the same place) -- Despite whatever "victory" Orly tries to claim from this -- all that has been accomplished is that the US has accepted service of process, something any (and I really mean any) competent lawyer, paralegal, breathing person should be able to accomplish without a federal judge having to notice a hearing on the matter. So much for the notion that she's really just suing some guy named Barack Obama (err... Soetoro) who happens to have an interesting day job.

But the point is that with the service issue out of the way, the US is free to file the inevitable 12(b)(6) motion to dismiss and Judge Carter is free to then dismiss the matter with prejudice.

Legal Explanation in the opinion of the poster (disclaimer)

The issue before the court today was Orly's motion for default, and/or reconsideration of the judge's PREVIOUS order which mandated and extended time for proper service of Obama.

The Judge DENIED the relief Orly requested -- i.e., he did NOT enter a default, and stuck to his guns about insisting on service. ...

Some additional observations by Wavey:

The case was called at 9:50 AM. Mr DeJute had his first opportunity to address the court at 10:05. He spoke briefly, and then Orly started again. She ramped up the crazy until, at 10:15 the judge ordered a recess and told her to go out to the hall. "You are going to go calm down" were his exact words.

What motion did she file today ?

realist, could you post the scribd link to the original complaint up in your first post? That way we can quickly reference it as this thread proceeds.

thx

Charles Lincoln was present as a "law clerk."

udge Carter snarkily remarked "In case you haven't noticed, the inauguration was months ago." Orly stipulated to dismissal of Counts II and III, and the Court granted the dismissal.