Orly's latest poopies.....

Smithereens
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#2651

Post by Smithereens »



Can someone interpret this for me? What is Orly asking the court to do?I think Orly has infested me with her stupidity through the power cord of my computer :shock: I think the lawyers on here are not willing to explain what they think is so obvious, as then Orly might read it and finally get it right.Since IANAL, I will also refrain from explaining what I would have done to respond correctly to the clerk's Notice of Deficiency. However it seems that simply following the instructions as listed here: http://www.cacd.uscourts.gov/Cacd/Notic ... SERVICEand using the recommended form for substituted service would be a start.


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#2652

Post by Curious Blue »



I have a question regarding this. At this point, Dr. Taitz was well aware of who Obama's lawyer was. Wasn't she suppose to serve Obama's lawyer with this lawsuit? She wasn't "supposed" to serve Obama's lawyer -- and you can't "serve" a defendant by sending paperwork to the lawyer who represents the person in another case -- but the easiest and most efficient thing to do would be to send the paperwork to the lawyer and request waiver of service. 99 times out of 100 the service will be accepted and waiver freely given, sometimes in exchange for a stipulation granting extended time to respond.



Edit: But the fact that Orly clearly knew who Obama's lawyer was defeats any claim she could possibly raise about difficulty of accomplishing personal service. Keeping in mind that the underlying issue is the court's OSC re dismissal, the issue would be whether Orly showed "due diligence" in pursuing her case. So as to the service issue -- its not enough to merely send stuff to the defendant's lawyer -- but as to the "due diligence" thing its inexcusable not to.


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Butterfly Bilderberg
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#2653

Post by Butterfly Bilderberg »



Plaintiffs, by and through their undersigned counsel, and in accordance with the Federal Rules of Civil Procedure, Rule 4(e) hereby move for entry of a default by the clerk ...Shhhhhhhhhhhhh. Entry of default is made in accordance with Rule 55.


"Pity the nation that acclaims the bully as hero,
and that deems the glittering conqueror bountiful."
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realist
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#2654

Post by realist »



Plaintiffs, by and through their undersigned counsel, and in accordance with the Federal Rules of Civil Procedure, Rule 4(e) hereby move for entry of a default by the clerk ...Shhhhhhhhhhhhh. Entry of default is made in accordance with Rule 55.but...but...but allison said...







She's doing here what she's done at SCOTUS, being told something in a different aspect/different case, and then just throwing it in whatever the current one is.


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Litlebritdifrnt2
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#2655

Post by Litlebritdifrnt2 »



I think CB hit it here "due diligence" now I am not sure about Federal Court (the last lawsuit we filed in Federal Court was an EMS overtime thingy and that baby settled about ten seconds after the county was served). However, here in NC the COA and SCONC are really putting the screws in when it comes to "due diligence" in the past it was fine to try to serve by sheriff, try to serve by certified mail and if it was a PI car wreck type of case try to serve by DMV then end up serving by publication in the newspaper. (Which in a military town happens alot because you can be sure that by the time the lawsuit is filed the marine who caused the accident and injuries is long gone). However our COA (I think as a result of all of the internet resources trying to find people) have put more and more onus on attempting to get personal service before publication is allowed. Off the top of my head there was one case where the lawyer went the extra mile trying to get personal service and eventually published but the COA said that he hadn't done enough "due diligence" and remanded the case. In this case Orly made no effort whatsoever to properly serve the defendants, NONE. As pointed out she could have requested a waiver, she didn't, she could have sent it for service by the sheriff, she didn't, she could have sent it certified mail, she didn't. Instead she gets a moonbat volunteer to try to serve the POTUS at the Whitehouse (only to be turned away by the Secret Service - what a shocker ) and then she leaves it with a mail clerk WITHOUT A SIGNATURE OF RECEIPT. No way Orly can get round the due diligence bit, because she made NO EFFORT WHATSOEVER to have the lawsuit served. NONE, NADA, ZILCH.


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#2656

Post by Hektor »



[/break1]orlytaitzesq.com/blog1/?p=1967&cpage=1]Nine year can cough up a BC and POTUS can’tOn our daughters birthday we went mini golfing. The course offers a free round if it is your birthday, however, you need to show ID or B/C for proof. I pulled my daughter’s B/C out in 1 minute. There is something terribly wrong in this world when the faux POTUS can’t cough up his B/C and a nine year can! GO ORLY!!!! Every day I root for you!Edward says:Your comment is awaiting moderation.June 2, 2009 at 8:58 pmOrly, I’m confused… Is Erin claiming she carries around her long form certified vault copy of her daughter’s birth certificate, complete with doctor’s signature and hospital? Or did she just have the short form document like Obama published and like the one I used to get a passport?Also, please explain how Obama has never had to ever apply for anything such as Social Security, or a driver’s licence, school registration etc, that would require a birth certificate (or other proof of citizenship). You’d think that the illegal alien usurper might just get in trouble like those politicians who have non-citizens as gardeners or nannies.


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#2657

Post by Dallasite »



Plaintiffs, by and through their undersigned counsel, and in accordance with the Federal Rules of Civil Procedure, Rule 4(e) hereby move for entry of a default by the clerk ...Shhhhhhhhhhhhh. Entry of default is made in accordance with Rule 55.

We should start posting on the dentist's site and just name a few FRCP rule numbers she should check. Just pull them out of the blue (for the non-lawyers like me) or ones that have absolutely nothing to do with the situation (for you smartie-pants lawyers).


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#2658

Post by allison »



Oh.My.Lord.Not ONLY did I tell her about Rule 4 last week on Ed's show, I told them ALL about Rule 55 numerous times and even posted a link to the Federal Rules int he chat.*sigh*This is beyond pathetic...truly.


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#2659

Post by Smithereens »



Orly never posts TSP's reply's. I wonder why? TruthShallPrevail says:Your comment is awaiting moderation.June 2, 2009 at 5:27 pm“How long before they scrub these? Make copies of the web pages people.”LOL - The photos have been on the Factcheck.org page since August 2008. They are not going away anytime soon. Thousands have downloaded the photos, analyzed them, and concluded the COLB exists as photographed and is not a fake.Only right-wing attack artists like Polarik are trying to discount the photos. His attempts have been pathetic lies. Polarik is fooling nobody but a few dumb birthers who will believe anything no matter how contrived.[/break1]factcheck.org/elections-2008/born_in_the_usa.html]http://www.factcheck.org/elections-2008 ... e_usa.htmlhttp://www.orlytaitzesq.com/blog1/?p=1912


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#2660

Post by Smithereens »



And another one Orly refuses to publish. Gosh, I'm only telling the truth Orly. Am I going over your head with my posts? TruthShallPrevail says:Your comment is awaiting moderation.June 2, 2009 at 5:19 pmRon Polarik is a fake and a liar, and not a PhD. That’s why he hides his real name. If he was legit he would not hide his credentials.His so-called COLB research has been debunked and exposed as nonsense by actual graphic experts - which Polarik is NOT.Anyone that understands JPEG graphics should realize Polarik’s document is full of false assumptions and false illogical conclusions. It is only dummies that fall for the Ron Polarik crap.Polarik made up a report full of fluff that was designed to impress dummies who know nothing about digital graphics. It is a political smear document, nothing more.http://www.orlytaitzesq.com/blog1/?p=1969#respond


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#2661

Post by DrConspiracy »



Uh, I'm not a lawyer but what Orly filed isn't exactly what the clerk had in mind, right? She did have "sex" in the general description. Or perhaps "male clerk" and "mail clerk" were confused.


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#2662

Post by bogus info »



I found this information and am curious about this.



[/break1]wikipedia.org/wiki/Service_of_process]http://en.wikipedia.org/wiki/Service_of_process

Some jurisdictions require or permit process to be served by a court official, such as a sheriff, marshal, constable or bailiff. There may be licensing requirements for private process servers, as is the case in New York City, Alaska, Arizona, California, Illinois, Montana, Nevada, and Oklahoma. Texas process servers are currently certified by order of the Supreme Court, and are regulated through the Process Server Review Board, consisting of members of the industry authorized by the Supreme Court.I'm not a lawyer but I found this. It appears this only applies in Calif. if you serve more than 10 per year?



[/break1]serve-now.com/resources/process-serving-laws/California]http://www.serve-now.com/resources/proc ... California



California Rules of Civil Procedure

Disclaimer: Laws regarding process serving can change. Therefore, we cannot guarantee the accuracy of the information on this page. Please consult legal counsel in your state.



Does a process server have to be licensed in California?



You can get California Process Servers License. If you don’t have your license, you must be registered and bonded. Read more below.



California Process Server Licensing Requirements



If an individual serves more than 10 papers a year they are required to be registered in the county they serve in. Registration is statewide and applicants must be a resident of the State of California for one year immediately preceding filing. There is no testing, or education required. Every applicant is required to post a $2,000 bond or cash deposit. Licensed private investigators are exempt from the registration requirement, but are likely not permitted to serve bank levies and similar documents without being registered per the statutory language requiring that a registered process server serve those documents. [California Business and Professions Code u00a722350 and u00a722353]



California Service of Process Laws to Note



A summons may be served by any person who is at least 18 years of age and not a party to the action.

The Federal Law on this subject is covered in Title 18 U.S.C. u00a7 1501, which provides in relevant part: Assault on Process Server Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States…shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both. Now, I'm not a lawyer but the last paragraph, could Orly claim this regarding the Secret Service? :? This is probably a dumb question. emphasis mine.


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#2663

Post by bogus info »



Now, I have another question. If by some miracle Orly were to get this filed, would this be the defense Obama's lawyers would use? :?



[/break1]law.cornell.edu/rules/frcp/Rule12.htm]http://www.law.cornell.edu/rules/frcp/Rule12.htm

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

b) How to Present Defenses.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:



(1) lack of subject-matter jurisdiction;



(2) lack of personal jurisdiction;



(3) improper venue;



(4) insufficient process;



(5) insufficient service of process;



(6) failure to state a claim upon which relief can be granted; and



(7) failure to join a party under Rule 19.



A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.emphasis mine


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realist
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#2664

Post by realist »



Now, I'm not a lawyer but the last paragraph, could Orly claim this regarding the Secret Service? :? This is probably a dumb question. emphasis mine.Not to worry. No one obstructed nor assaulted her "process server."


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#2665

Post by Tesibria »



CONTEXT:

1. [/break1]com/phpBB3/viewtopic.php?f=24&t=300&p=34880&hilit=Default#p34880]First Set of Show Cause Orders (Includes info re: failure to file Request for Default) and Oly's "First Request" for Default (May 27, 2009; see also [/break1]com/phpBB3/viewtopic.php?f=24&t=300&p=34851&hilit=Default#p34851]more info here.



2. [/break1]com/phpBB3/viewtopic.php?f=24&t=300&start=2775#p35613]Clerk's Notice of Deficiency (June 2, 2009).



3. [/break1]com/phpBB3/viewtopic.php?f=24&t=300&start=2800#p35778]Orly's Amended "First" Request for Default (June 2, 2009).



-------

Sometime after 5 PM PDT last evening, the following appeared on the docket:

DOCKET ENTRY: 06/02/2009 10 Amendment to First REQUEST for Clerk to Enter Default against defendant Barack H Obama 7 filed by Plaintiff Alan Keyes PhD. (Attachments: # 1 Affidavit Amended affidavit of the process server)(Taitz, Orly) (Entered: 06/02/2009)(SECOND) AMENDED MOTION (Changes in bold/strikethrough): Second Amended Motion for Default

Plaintiffs, by and through their undersigned counsel, and in accordance with the Federal Rules of Civil Procedure, Rule 4(e) hereby move for entry of a default by the clerk against Defendant Barack H. Obama, a/k/a Barack Hussein Obama,II, a/k/a Barack H. Obama,II, a/k/a Barry Obama a/k/a Barry Soetoro for failure to serve or file any paper or responsive pleading in this matter within the time required by law. The undersigned certifies that no responsive pleading or paper has been received. Amended affidavit of the process server Mary Ann McKiernan is attached."AMENDED" AFFIDAVIT ATTACHED TO MOTION: On February 10,2009, I tried to serve a Pleading to Barack Hussein. Obama, a.k.a. Barack H.

Obama II, a.k.a. Barry Obama, a.k.a. Barry Soetoro at the White House 1600 Pennsylvania Avenue, Washington D.C, 20500. I gave the envelope with the Pleading to a Secret Service Agent at a gate just outside of the White House. The Secret Service Agent immediately opened up the envelope. The Secret Service Agent made several calls while I was waiting for them to answer. I was advised by the Secret Service Agent that I could not serve the papers here. They gave me back the envelope with the Pleading inside of it, along with my State ill Card. I left the White House and made a call to the White House 202-456-1111. I explained to the White House Operator my reason for my visit is to serve some papers on Barack Hussein Obama. The operator immediately forwarded my call to the White House Legal Counsel. I was advised by the White House Legal Counsel that I needed to serve the papers to the Department ofJustice. I went over to the Department of Justice Department. When I got there, the female Security Guard that was outside told me that I could not serve the papers. I told the Security Person, I am being sent here from the White House. I called the Department of Justice and explained to someone from the Department of Justice that I had papers to serve on Barack Hussein Obama and I have been advised by the White House to serve them here. The person that I spoke to said that someone would come out and get the papers. A male Mail Clerk came out and took the papers.


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#2666

Post by bogus info »



BB and realist have been kind enough to explain things and others here too. Tes, Allison, CB, etc.So, if I understand you guys, Orly must know or be able to find by researching the following information. (federal court)1. FRCP2 California Federal Civil Rules of Procedure or whatever State you have filed a lawsuit.3. Federal Rules of Evidence4. Any judges personal rules of his court (Example the judge in PA)5. Previous court rulings/decisionsAnything else you lawyers should be able to research and this is the important part, UNDERSTAND AND APPLY TO YOUR LAWSUIT.And, of course if you were a criminal attorney, you have to know all the criminal rules that apply too?


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#2667

Post by Butterfly Bilderberg »



At the very least, the bolded defenses could be raised -- and Obama's motion would be granted.





Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings;

Consolidating Motions; Waiving Defenses; Pretrial Hearing

b) How to Present Defenses.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:



(1) lack of subject-matter jurisdiction;



(2) lack of personal jurisdiction;



(3) improper venue;



(4) insufficient process;



(5) insufficient service of process;



(6) failure to state a claim upon which relief can be granted; and



(7) failure to join a party under Rule 19.



A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.


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and that deems the glittering conqueror bountiful."
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#2668

Post by bogus info »



On February 10,2009, I tried to serve a Pleading to Barack Hussein. Obama, a.k.a. Barack H.

Obama II, a.k.a. Barry Obama, a.k.a. Barry Soetoro at the White House 1600 Pennsylvania Avenue, Washington D.C, 20500. I gave the envelope with the Pleading to a Secret Service Agent at a gate just outside of the White House. The Secret Service Agent immediately opened up the envelope. The Secret Service Agent made several calls while I was waiting for them to answer. I was advised by the Secret Service Agent that I could not serve the papers here. They gave me back the envelope with the Pleading inside of it, along with my State ill Card. I left the White House and made a call to the White House 202-456-1111. I explained to the White House Operator my reason for my visit is to serve some papers on Barack Hussein Obama. The operator immediately forwarded my call to the White House Legal Counsel. I was advised by the White House Legal Counsel that I needed to serve the papers to the Department ofJustice. I went over to the Department of Justice Department. When I got there, the female Security Guard that was outside told me that I could not serve the papers. I told the Security Person, I am being sent here from the White House. I called the Department of Justice and explained to someone from the Department of Justice that I had papers to serve on Barack Hussein Obama and I have been advised by the White House to serve them here. The person that I spoke to said that someone would come out and get the papers. A male Mail Clerk came out and took the papers.Woudn't you be required to be more specific? :? Like names of these individuals? :?


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#2669

Post by Butterfly Bilderberg »



Orly thinks this Amended Affidavit is going to cure her deficiency?



SHE'S HOPELESSLY, INCURABLY STOOOOOOOPID.


"Pity the nation that acclaims the bully as hero,
and that deems the glittering conqueror bountiful."
- Kahlil Gibran, The Garden of The Prophet
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#2670

Post by bogus info »



California Service of Process Laws to NoteA summons may be served by any person who is at least 18 years of age and not a party to the action. The Federal Law on this subject is covered in Title 18 U.S.C. u00a7 1501, which provides in relevant part: Assault on Process Server Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States…shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.I recall when Orly reported the process server on her blog trying to serve President Obama at the White House, she reported that the Secret Service agents bullied her process server. Somebody should email the above to Orly to see if she would try to use this. She's just dumb enough to try.


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#2671

Post by P.K. »



Poor Lady Jane - none of her comments seem to be making it out of moderation these days.....Lady Jane Grey says:Your comment is awaiting moderation. June 2, 2009 at 7:24 pmWhat poppycock. The President has indeed “coughed up” a birth certificate, and it’s perfectly valid for all purposes, including getting a passport or drivers’ license, getting a free round of mini golf, or even becoming President of the United States. He’s here, he’s President, get used to it! Sorry you don’t like that fact, but that’s the way it is. The President is ignoring you silly Birthers because he has better things to do than get involved in your nonsense.


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#2672

Post by P.K. »



On February 10,2009, I tried to serve a Pleading to Barack Hussein. Obama, a.k.a. Barack H.

Obama II, a.k.a. Barry Obama, a.k.a. Barry Soetoro at the White House 1600 Pennsylvania Avenue, Washington D.C, 20500. I gave the envelope with the Pleading to a Secret Service Agent at a gate just outside of the White House. The Secret Service Agent immediately opened up the envelope. The Secret Service Agent made several calls while I was waiting for them to answer. I was advised by the Secret Service Agent that I could not serve the papers here. They gave me back the envelope with the Pleading inside of it, along with my State ill Card. I left the White House and made a call to the White House 202-456-1111. I explained to the White House Operator my reason for my visit is to serve some papers on Barack Hussein Obama. The operator immediately forwarded my call to the White House Legal Counsel. I was advised by the White House Legal Counsel that I needed to serve the papers to the Department ofJustice. I went over to the Department of Justice Department. When I got there, the female Security Guard that was outside told me that I could not serve the papers. I told the Security Person, I am being sent here from the White House. I called the Department of Justice and explained to someone from the Department of Justice that I had papers to serve on Barack Hussein Obama and I have been advised by the White House to serve them here. The person that I spoke to said that someone would come out and get the papers. A male Mail Clerk came out and took the papers.Woudn't you be required to be more specific? :? Like names of these individuals? :?Or at least a description - "white male, approx 30 years old, approx 6' tall, red hair" - that kind of thing. At least that's what I've seen on affidavits of service when the papers have been left with someone else at the address of the person who was supposed to be served.


IANALBIPOOTV - I am not a lawyer, but I've played one on TV. In fact, IANA (fill in the blank) but chances are I've played one on TV.
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#2673

Post by Butterfly Bilderberg »



Or at least a description - "white male, approx 30 years old, approx 6' tall, red hair" - that kind of thing. At least that's what I've seen on affidavits of service when the papers have been left with someone else at the address of the person who was supposed to be served.All DOJ employees are required to wear ID badges. No excuse for not taking down his name and badge number.



Nevertheless, that would still be insufficient service. Rule 4 requires Orly to set forth the statute authorizing the manner of service she used AND for substituted service, the statute/regulations authorizing the person who was served to receive process on behalf of the defendant. There are regulations, published in the Code of Federal Regulations, designating who is authorized to accept service of process for each federal agency, and I can guarantee you, it ain't the mail clerk. I tried to post the citations to the C.F.R. on Orly's blog on the day she was proudly displaying Mary Ann's story about how she attempted to serve the White House and then hoofed it up Penn Avenue to deposit the poop at DOJ -- but NOOOOOOOOOOO, Orly deleted my posts.



But even if Orly had served the appropriate DOJ official, she still would have a problem. Orly has now asserted that she served Obama in his individual capacity. In such case, a government employee was not Obama's personal agent. Basic hornbook law of principal and agent.


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#2674

Post by bogus info »



[/break1]oilforimmigration.org/facts/?p=1019]http://www.oilforimmigration.org/facts/?p=1019



White House Refused to be Served Pleadings

Posted on February 10th, 2009 by David-Crockett

Dr. Orly Taitz is reporting



Today, my volunteer tried to serve the Pres. Obama the pleadings from Keyes v. Obama. The guard would not grant her entry to the White House, which is fine. But the guard wouldn’t sign for the pleadings either. But, it didn’t end there either. Either the guard or Secret Service threatened her also.



In the end, we had her serve Obama’s copy of the pleadings to the Justice Department. But wanted all to know the type of transparency we have here.emphasis mine See, Orly would try to claim the Secret Service agent kept her service processor from serving President Obama with the lawsuit.(summons I think it is called?) I wonder if Orly will realize that had she hired a real service processor, they might have helped her get it done right?


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#2675

Post by bogus info »



[/break1]outragedpatriots.com/Dr-Orly-Taitz-in-Tulsa.htm]http://www.outragedpatriots.com/Dr-Orly ... -Tulsa.htm



Come Meet Dr. Orly Taitz !



YOU ARE INVITED.



CHRIS BENGE, Speaker of the Oklahoma State House and Chairman for the Republican State House Committee will be at the FULL CUP CAFE on Wednesday, June 3rd, from 9 am until 11 am to discuss the 2010 election cycle. We will meet in the large meeting room.



DR. ORLY TAITZ, ESQ. will be our special guest for this event. Dr. Taitz is the lead counsel for several lawsuits against Mr. Barak H. Obama. At issue is his eligibility to be the President of the United States. . Dr. Orly's purpose is to ask for help to get a subpoena from the state legislature.



The FULL CUP CAFE is located at 4634 E. 31st Street, Tulsa, OK. It is one short block west of the intersection of 31st and Yale Ave.



Also in attendance will be State Rep. Mike Ritz.

State Senator Randy Brogdon will join us at 10 am.



Please come and join us for a cup of coffee and spirited conversation! There is ample parking at the rear of the building should the front be full.emphasis mine



Uh, am I missing something here? Can the OK State Legislature supoena the State of Hawaii Dept. of Health? :? I guess Orly is trying to get OK to sue Hawaii over Obama's eligibility? :?


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