Sterngard Friegen wrote:
Quote:
The
clerk did it:
Quote:
1.Questioner Patriot
March 26th, 2011 @ 9:31 am
Why did you give Astrue only 30 days to answer, rather than 60?
1.dr_taitz@yahoo.comMarch 26th, 2011 @ 10:40 am
it was written by the clerk of the court, not by me
1.dr_taitz@yahoo.comMarch 26th, 2011 @ 10:41 am
30 days was written by the clerk of the court, who issued them
Or at least so says O'rly. (I tend to doubt it.)
What a liar. The woman is a flaming narcissistic liar.
So, Orly is screwing up service because she:
1) Can't serve anything in a case in which she is a party
2) Absolutely can't change the scheduling of response to a suit, but that isn't relevant here because she can't serve anything in this case herself
3) Can't serve via regular mail or email
4) Can't claim that something is served just because she submitted the doc to the clerk
5) Can't serve an altered form
What other service issues are being violated?
While Orly is lying her ass off, shouldn't a competent lawyer (I know!) correct a clerk that changes the 60 days to 30 days? The words "Commissioner of the Social Security Administration" are at the top of the form. Unless Orly said she is suing Astrue as an individual outside of his official capacity as SSA, wouldn't a clerk catch such a basic error and not MAKE such a basic error?
Oh, and there is so little to fill out on that form. Couldn't Orly make the effort to fill in a fresh form?
Butterfly Bilderberg wrote:
Smithereens wrote:
SuEdB wrote:
Look at the O on the 30 days & compare it with the way Orly does her Os or 0 same diff. The start/endstroke are very very similar...Looks like it was on a softer surface for the changes... I notice the label says 16Feb...but nothing on the document validates any changes made after the document was signed by the clerk. It doesn't look like the clerk's handwriting either...
Funny, I looked at the "30" and concluded that was NOT Orly's handwriting. Neither the 3 or the 0 look anything like Orly's frantic scribbling. Hence, the clerk probably changed it, as BB already pointed out.
I got to thinking about that, too. The handwriting for the "30" is too tidy. Regardless, it invalidates the summons because it falsely informs the defendant of the wrong number of days to respond. A competent attorney would have recognized the error and would never have used the mucked-up summons.
The Federal Rules of Civil Procedure are published with a set of forms. Civil Form 3 is a form for the summons. Heck, a person can go to the United States Courts website and copy a Word-compatible rich text template of the summons form. Red font and angle brackets draw the user's attention to the need to select alternative language, e.g., <Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3)>. How hard can it be to get it right?It was Orly who said the clerk changed the 60 to 30.
I believe that Orly wrote the "30". As someone mentioned earlier, the 0 is very, very similar to Orly's 0s and Os. Look at the handwriting where the date is changed to Feb 16, 2011. The handwriting is very clean and tidy. The "30" isn't. The clerk's "0" in 2011 is much tighter than the "0" in 30. Looking at the "0" in 2011 that Orly wrote before the date was crossed out, the "0"s match.
I think that Orly was using a different pen than she had used when filling out everything else. "30" also had to be written in a very small space. Orly usually uses huge handwriting, so she would have to pay more attention on that little detail of the form.
I can't wait to read the response from Astrue's attorney. If there is one. The case has yet to be served.