Here's Kreep's motion to keep Wiley and Robinson in the case:
http://www.scribd.com/doc/19049341/KEYES-v-OBAMA-45-EX-PARTE-APPLICATION-to-Vacate-Plaintiffs-Voluntary-Dismissal-filed-by-plaintiff-Markham-Robinson-Wiley-S-Drake-Attachments-

Keyes was apparently silent, so he stayed with The Obly. I don't see how Kreep can suddenly complain about that.

that

That's dated August 19, 2009.

Keyes referred to Obly as his lawyer after that.



xxhttp://loyaltoliberty.com/?p=118

I would like to interview all of the plaintiffs and ask three questions:

1. Are you aware that you are a plaintiff?
2. Are you aware that this case is still going through the appeals courts?
3. Do you know who is representing you?

IIRC, and correct me if I'm wrong again, Obama's attorneys have a choice whether to:

1. file a response,
2. waive a response (in writing), or
3. ignore the whole thing and go out for pizza

And as I further understand it, EVEN IF THEY CHOOSE OPTION 3, the case will still be dumped at one of them notorious Friday morning conferences, UNLESS THE COURT ASKS for a response to be filed.

In other words, the only difference between Options 2 and 3 is courtesy to the court or analness of the lawyer or some other factor, because if the court doesn't ASK for a response, we've concluded the case is dead before the Friday conference begins, they're just keeping the tubes hooked up for appearance's sake.

Should we be looking for a response? Should this be on the Birther Events Calendar?

I added it to the Calendar as we have all the others. My understanding is that for cases where the US Government is the defendant the Court will notify the Office of the Attorney General (Solicitor General I assume) that the case is going to be denied and only request a response if the case has made it past the review by the pool clerks. Dwight Sullivan royally pissed off Mario Apuzzo when he told Mario he knew his case was going in the crapper as soon as the government declined to respond.

Foggy, you are correct in the available options (response, written waiver of response, no response/no waiver filed). There are tactical advantages to each option (for example, if I represent the defendant/respondent, and I want to move the schedule along, but I feel no need to actually respond, I will file a waiver of response very early in the response period. That filing would then trigger distribution for conference (could save as much as 3 weeks--or even 3 months if we're close to summer recess). On the other hand, if I feel no need to move the case along at all--or see either no advantage in doing so, or some amusement value in dragging it out, I might file a waiver of response on the last day in the response period...or I might not file the waiver at all and let the response period expire. Either way, the distribution to conference will occur on the ordinary schedule.) It is only after the distribution for conference that a response may/will be requested by the court (well, typically one of the justices individually), and when that occurs, a new response deadline is established, and thus a new date for distribution for conference...so it delays the resolution.

As you alluded, when no request for response is made following the respondent's waiver of response (or no response), you can place real money on a bet for 'cert denied' following conference (actually, you can pretty much assume that the case is on the "dead list" and will not be discussed at the conference at all).

As I recall, in most of the birfer cert petitions which have been filed with SCOTUS, particularly those naming President Obama as a respondent, a formal waiver of response has been filed, generally within the last couple of days prior to the end of the response period. In a couple of the cases, I believe the respondent didn't even bother with the waiver filing, but I think that's been less typical than the wait-'til-the-last-day-and-slap-'em-in-the-face-with-a-waiver filing.

Opinions vary as to whether the filing of a response waiver on the last day, or the complete lack of response/waiver, is more insulting to the petitioner. Personally, I see filing the formal waiver of response as more insulting, as well as a tidier business practice. OMMV.

Thanks, Paul. I sorta remembered the outlines. I can't see them ever taking up this case ... anyway, while I was asking whether it should be on the calendar, R.C. went ahead and added it just to be on the safe side.

Oh, I definitely think the response deadline ought to be on the calendar, if only to help mark yet another special day of birfer fail.

The government response to the Petition for Writ in Barnett|Keyes v Obama is due Monday. Keep an eye on the docket this week for a waiver from the Solicitor General.

I sure hope the Obot operative in charge of tampering with the Supreme Court docket doesn't screw up again like he did with Orly's sanctions case. Entering that data on a Saturday almost blew the whole usurpation.

The government waived the right to respond so this one is dead.

Now there's a shocker. Thanks, RC!

It was already DoA. The U.S. just confirmed it wasn't worth the time to respond to it.

Unless SCOTUS requests a response.

They won't, but just sayin'.

Such as...

This case has not been distributed for conference yet. My guess is that it will be distributed for the conference on the 24th and then it will be officially dead on May 29th. That is the day after Memorial Day. I don't think Orly even submitted her own petition on this one did she? She let Kreep do the boring work since she had more exciting things to do in the Courts of Bun Dogs.

The case has been distributed for conference on June 7th.

Update... DENINED!

Who knew?

What a big surprise....WOW

Shocker.

Please pass me the smelling salts.

and the brandy.

Frankly Frank...I think a nice cold bottle of Carta Nevada from the ice bucket would be most appropriate.

Haha nice!

It's all over the news, just heard it on KCBS in the Bay Area

I never saw a single post in birferstan about this case going to the Supreme Court. This was the case where Orly promised everyone a trial, the case that spawned the "we can have him out of office in 30 days" video (featuring the recently-resurfaced Morgan Ward), the case that Orly has claimed spurred Obama to release his LFBC to distract attention away from the appeal hearing.

And now nobody gives a shit about it.

Those in the know didn't give a shit about it from the beginning.