ALLEN v. SOETORO - DISCUSSION (D. Ariz.)

June bug · **Posted:** Thu Oct 08, 2009 5:47 pm

Thorswitch wrote:

Quote:

That'd probably go over better than what I'd do to it.... Give me a house *that* big and ornate, and I'm gonna completely Goth it out! It'd go from being the White House to being the Presidential Vampire Lair....

Cool.

After they lose all their appeals, you could stage Friday night playlets featuring:

[center]Bride of Frankenstein: Orly Taitz[/center]
[center]Igor: CEL III[/center]
-xx

lyssandri · **Posted:** Fri Oct 09, 2009 8:23 am

June bug wrote:

Thorswitch wrote:

Quote:

That'd probably go over better than what I'd do to it.... Give me a house *that* big and ornate, and I'm gonna completely Goth it out! It'd go from being the White House to being the Presidential Vampire Lair....

Cool.

After they lose all their appeals, you could stage Friday night playlets featuring:

[center]Bride of Frankenstein: Orly Taitz[/center]
[center]Igor: CEL III[/center]
-xx

Oh, now THAT would be fun! And, of course, I'd have to have all the PJers over so we could have our guest performers star in any little playlets our amazingly talented writers here (especially those specializing in humour, Hektor (among others)) might care to draft

Tes · **Posted:** Thu Oct 15, 2009 4:15 pm

New Docket Entries:

Quote:

10/14/2009 18 OBJECTION to Dft's DHS and DOS Answer and Motion to Dismiss and Motion for a Vaughn Index by Plaintiff Kenneth L. Allen (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, 5 # Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(SGG, ) (Entered: 10/14/2009)

Quote:

10/14/2009 19 Proof of Service by Kenneth L. Allen (SGG, ) (Entered: 10/14/2009)

Quote:

10/14/2009 20 MOTION for a Vaughn Index by Kenneth L. Allen. (SGG, ) (Entered: 10/14/2009)

Links to main documents will be have been added.

Edit: Will try to link others shortly. Recap is being a bad boy. All Done!

DaveMuckey · **Posted:** Thu Oct 15, 2009 5:31 pm

Can one of you legal aces tell us what a Vaughn Index is?

Tes · **Posted:** Thu Oct 15, 2009 6:19 pm

DaveMuckey wrote:

Can one of you legal aces tell us what a Vaughn Index is?

Vaughn Index:

Quote:

VAUGHN INDEX - The term "Vaughn Index" originated from Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974), wherein the court rejected an agency's conclusory affidavit stating that requested FOIA documents were subject to exemption. Id. at 828. "A Vaughn Index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption." Citizens Comm'n on Human Rights v. FDA, 45 F.3d 1325, 1326 n.1 (9th Cir. 1995). This detailed affidavit " 'permit[s] the court system effectively and efficiently to evaluate the factual nature of disputed information.' " John Doe Agency v. John Doe Corp., 493 U.S. 146, 149 n.2 (1989) (quoting Vaughn, 484 F.2d at 826).

There's more discussion of it in this DOJ Document.

DaveMuckey · **Posted:** Thu Oct 15, 2009 7:01 pm

Then Allen is asking CIS to produce a list of things they don't have?

Jez · **Posted:** Thu Oct 15, 2009 7:07 pm

DaveMuckey wrote:

Then Allen is asking CIS to produce a list of things they don't have?

Either a list of things they don't have (such as Barack Obama's naturalization papers{which don't exist}) or a list of things they have, but cannot release. If it's something they cannot release, they have to give a reason, such as privacy laws.

Tes · **Posted:** Thu Oct 15, 2009 7:15 pm

DaveMuckey wrote:

Then Allen is asking CIS to produce a list of things they don't have?

As I understand it ...

1. On September 17, USCIS responded to Allen's FOIA request re: LOLO Soetoro records by saying "... At such time as records pertaining to Lolo Soetoro are located, the USCIS will disclose all nonexempt, non-privileged portions of the record to you. ..."

2. As of September 14, no documents have been produced.

3. Allen seems to be assuming that the fact that no documents have been produced means the USCIS is withholding all of the documents.

4. Therefore, he's asking for a Vaughn Index of all the documents he believes they withheld.

In other words, although we've not yet seen any communication from USCIS that (a) it found no documents or (b) that it has found documents but is withholding them, Allen seems to be assuming that because the documents were not produced in the past 26 days, that means that they have documents but are refusing to produce them.

Tes · **Posted:** Wed Oct 21, 2009 10:54 am

New Docket Entries:

Quote:

10/15/2009 21 Consent MOTION for Extension of Time to File Reply and Opposition by Hillary Clinton, Eric Holder, Homeland Security, Department of, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services, United States Department of State. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 10/15/2009)

Quote:

10/20/2009 22 ORDER granting 21 Motion for Extension of Time. IT IS ORDERED that defendant's deadlines for filing of (1) a reply in support of their partial motion to dismiss and (2)an opposition to Plaintiff's Motion for a Vaughn index are changed to 11/5/09.. Signed by Judge Frank R Zapata on 10/16/09.(KDT, ) (Entered: 10/20/2009)

lyssandri · **Posted:** Wed Oct 21, 2009 12:48 pm

Tes wrote:

New Docket Entries:

Quote:

10/15/2009 21 Consent MOTION for Extension of Time to File Reply and Opposition by Hillary Clinton, Eric Holder, Homeland Security, Department of, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services, United States Department of State. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 10/15/2009)

Quote:

10/20/2009 22 ORDER granting 21 Motion for Extension of Time. IT IS ORDERED that defendant's deadlines for filing of (1) a reply in support of their partial motion to dismiss and (2)an opposition to Plaintiff's Motion for a Vaughn index are changed to 11/5/09.. Signed by Judge Frank R Zapata on 10/16/09.(KDT, ) (Entered: 10/20/2009)

Tes, are you SURE you don't have something better to be doing than posting dockets for us? Not that it's not appreciated, but good lord, girl! I could barely focus on basic crap this close to my wedding, forget looking up legal stuff and posting it to the right forums!!! :lol:

Congrats again on the nuptials - I hope your wedding is everything you've ever wanted it to be - and that you and Jeff will have a WONDERFUL marriage!

~Kriselda

Edit: BTW: Late October is a great time for weddings, isn't it? My beloved and I will be celebrating our 15th anniversary on the 29th

We wanted to go for Halloween, but it was on a Monday and the idea freaked our respective mom's out too much - hehe

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

Quote:

Tes, are you SURE you don't have something better to be doing than posting dockets for us? Not that it's not appreciated, but good lord, girl! I could barely focus on basic crap this close to my wedding, forget looking up legal stuff and posting it to the right forums!!! :lol:

Don't let her fool you. [-X

She's been emailing me "stuff" all morning saying, "Here, download this, upload that, link 'em all to PJ, spread 'em around Birfistan, remember this deadline while I'm gone, send me this this way, let me know that this way...cuz...I'm BUSY!! :lol:

lyssandri · **Posted:** Wed Oct 21, 2009 3:47 pm

mari wrote:

More threadjack, but totally with you on late October!!! This Sunday (the 25th) will be 21 years I've been torturing poor Doc. Mari!!!

Grats!!!

DaveMuckey · **Posted:** Tue Nov 03, 2009 12:31 am

It would seem that this is up next, at least as far as a scheduled event.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

DaveMuckey wrote:

It would seem that this is up next, at least as far as a scheduled event.

Yes, 11/5, but it's just a filing deadline.

Quote:

ORDER granting 21 Motion for Extension of Time. IT IS ORDERED that defendant's deadlines for filing of (1) a reply in support of their partial motion to dismiss and (2)an opposition to Plaintiff's Motion for a Vaughn index are changed to 11/5/09.. Signed by Judge Frank R Zapata on 10/16/09.(KDT, ) (Entered: 10/20/2009)

I believe it's been posted here already. If not, the docket entry is self-explanatory.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

New Docket Entry...

Quote:

11/05/2009 23 REPLY in Support re 15 MOTION to Dismiss Counts/Claims - Partial Motion to Dismiss and RESPONSE in Opposition re 20 MOTION for Vaughn Index filed by Hillary Clinton, Eric Holder, Homeland Security, Department of, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services, United States Department of State. (Bowen, Brigham) (Entered: 11/05/2009)

Will post link shortly.

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

New Docket Entries...

Quote:

11/12/2009 24 Notice OF PROOF OF SERVICE by Kenneth L. Allen (JKM, ) (Entered: 11/13/2009)

11/12/2009 25 Reply Memorandum In Support Of Plaintiffs Vaughn Index by Plaintiff Kenneth L. Allen. (JKM, ) (Entered: 11/13/2009)

11/12/2009 26 Notice OF PROOF OF SERVICE by Kenneth L. Allen (JKM, ) (Entered: 11/13/2009)

I am not downloading and posting the proof of service documents.

shrek · **Posted:** Mon Nov 16, 2009 11:59 am

Quote:

He may have went to school in Hawaii...

He probably learned some English grammar there too

TollandRCR · **Posted:** Mon Nov 16, 2009 12:14 pm

shrek wrote:

Quote:

He may have went to school in Hawaii...

He probably learned some English grammar there too

"It would seem that the Defendants believe that the burden of proof is now on the Plaintiff..."
In a civil case, is the principle of who bears the burden of proof different from that in a criminal case?

Tes · **Posted:** Mon Feb 01, 2010 4:37 pm

Updated Docket Entry:

Quote:

02/01/2010 27 ORDER granting 15 Motion to Dismiss Counts/Claims; denying 20 Motion for Vaughn index. John Does 1-49 are dismissed. Signed by Judge Frank R Zapata on 01/29/10.(LMF) (Entered: 02/01/2010)

Link to follow shortly.

twinx · **Posted:** Mon Feb 01, 2010 4:55 pm

Quote:

...however, aliens are entitled to privacy rights similar to those of US citizens...

I must be hanging around in Birfistan too much, because my first thought wasn't 'another one bites the dust', but:

Victory! A judge SAID he is an alien!

3...2...1

:shock:

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

Thanks, Tes. I had completely forgotten the motions pending in Allen v Soetoro and had not been checking the docket. :oops:

Tes · **Posted:** Tue Feb 09, 2010 11:29 am

New Docket Entry:

Quote:

02/04/2010 28 NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit as to 27[RECAP] Order on Motion to Dismiss Counts/Claims, Order on Motion for Miscellaneous Relief by Kenneth L. Allen. (CLJ) (Entered: 02/08/2010)

muldrake · **Posted:** Tue Feb 09, 2010 1:44 pm

Tes wrote:

New Docket Entry:

Quote:

02/04/2010 28 NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit as to 27[RECAP] Order on Motion to Dismiss Counts/Claims, Order on Motion for Miscellaneous Relief by Kenneth L. Allen. (CLJ) (Entered: 02/08/2010)

I would roll my eyes, but we already have this smiley: :roll:

DaveMuckey · **Posted:** Tue Feb 09, 2010 7:04 pm

So, leave us hanging, here, Tes.

tap, tap, tap.....

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23538

Not trying to leave you hanging Dave. Have been trying to post the link since yesterday but the forum keeps timing out. FINALLY got it done after many, many tries.

Falsehoods unchallenged only fester and grow.

ALLEN v. SOETORO - DISCUSSION (D. Ariz.)

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