keyes v obama - 45 - ex parte application to vacate plaintiffs' voluntary dismissal filed by...

8/14/2019 KEYES v OBAMA - 45 - EX PARTE APPLICATION to Vacate Plaintiffs' Voluntary Dismissal filed by plaintiff Markham Ro

1/25

1 UNITED STATES JUSTICE FOUNDATIONGARY G. KREEP; SBN 066482

2 932 "D" Street, SUite 2(Email: u s j f ~ u s j f . n e t }

3 Ramona.< Cali fornia 92065Tel: (76\)) 788-6624

4 Fax: (760) 788-6414

5Attorney for Plaintiffs, Markham Robinson

6 and Wiley S. Drake

7

8

9

10

11

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

SANTA ANA (SOUTHERN) DIVISION

CAPTAIN PAMELA BARNETT,et aI.,

BARACK HUSSEIN OBAMA, etaI.,

Plaintiffs,

Defendants

vs.

) CIVIL ACTION NO:) SACV09-00082-DOC (Anx)

) EX PARTE APPLICATION FOR) ORDER VACATING VOLUNTARY~ DISMISSAL; PROPOSED ORDER

)))))

- - - - - - - - - - - - )

14

13

15

16

1718

19

12

20 EX PARTE APPLICATION FOR ORDER VACATING THE VOLUNTARY

21 DISMISSAL OF PLAINTIFFS MARKHAM ROBINSON AND WILEY S

22 DRAKE

23 Plaintiffs Markham Robinson and Dr. Wiley S. Drake (hereinafter referred to

24 as "PLAINTIFFS"), through their attorney, Gary G. Kreep, hereby respecfully submit

25 this ex parte application to the Court for an order vacating the Notice of Voluntary

26 Dismissal without Prejudice (hereinafter referred to as "NOTICE") that was filed by

27 Dr. Orly Taitz on August 1, 2009 on the following grounds:

28 (1) Prior to filing NOTICE, Dr. Orly Taitz refused to sign PLAINTIFFS'

1

EX PARTE APPLICATION FOR ORDER VACATING VOLUNTARY DISMISSAL


2/25

1 Requests for Substitution of Attorney, which were mailed to her office on

2 July 24, 2009 (See Exhibits "1" and "2", copies of which are attached hereto

3 and made a part thereof).

4 (2) PLAINTIFFS were not notified of Dr. Taitz 's plan to file NOTICE on

5 their behalf (See Declarations of Markham Robinson and Dr. Wiley S.

6 Drake, submitted herewith).

7 (3) PLAINTIFFS did not consent to being dismissed from the case, and they

8 intended to remain as plaintiffs in the matter (See Declarations of Markham

9 Robinson and Dr. Wiley S. Drake).

10 This motion is made ex parte because there is a risk that PLAINTIFFS'

11 interests might be prejudiced and irreparably hanned i f PLAINTIFFS are not able to12 remain in the case with their preferred counsel as their representative. Prior to the

13 filing of this motion, PLAINTIFFS were both named as plaintiffs and then unilaterally

14 dismissed by Dr. Taitz without their knowledge or consent. Since PLAINTIFFS and

15 their rights will be directly affected by the resolution of this case, an ex parte

16 application is necessary in order to ensure that PLAINTIFFS can promptly and

17 effectively protect their rights as the case moves forward. Furthermore, there is no18 risk that the opposing parties in this case will be prejudiced by the granting of the

19 order ex parte since the application deals only with the PLAINTIFFS' participation as

20 plaintiffs in this case, a status which they had prior to the above-discussed action of

21 Dr. Taitz.

22 II

23 II

24 II

25 II

26 II

27 II

28 II

2

EX PARTE APPLICATION FOR ORDER VACATING VOLUNTARY DISMISSAL


3/25

1 This application is based on the attached memorandum o f points and

2 authorities, and the attached declarations o f Markham Robinson, Dr. Wiley S.

3 Drake, and Elliot Wilson.

4

5

6 Dated: August 19, 2009

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

2324

25

26

27

28

3

Respectfully submitted,

GAR G. EPAttorney or Markham obinson andDr. Wiley S. Drake


4/25


5/25

1 this action" (See Exhibit '"4"). PLAINTIFFS mayor may not agree with the above

2 first three quotes, however, PLAINTIFFS never communicated such claims or

3 sentiments to Dr. Taitz, and, thus, did not '"ask" for, '"submit", or '"aver" anything

4 relating to their dismissal as plaintiffs from this case (See Declarations of Markham

5 Robinson and Dr. Wiley S. Drake).

6 Due to the fact that Dr. Taitz acted unilaterally to dismiss PLAINTIFFS from

7 this case, rather than consenting to their being represented by Mr. Kreep, and due to

8 the fact that PLAINTIFFS wish to remain as plaintiffs in this case and never desired

9 or intended to be dismissed from the matter, the Court should vacate PLAINTIFFS'

10 voluntary dismissal from the case, and reinstate Mr. Robinson and Dr. Drake as

11 plaintiffs, with Mr. Kreep as their counsel of record.

12 II. ARGUMENT

13 Pursuant to Federal Rules of Civil Procedure (hereinafter referred to as

14 '"FRCP") 60, the Court may vacate PLAINTIFFS' voluntary dismissal from the

15 case. FRCP 60 provides that "[o]n motion and upon such terms as are just , the court

16 may relieve a party ... from a final judgment, order, or proceeding for ... any other

17 reason justifying relief from the operation ofthejudgment.1t

FRCP 60(b)(6). In tIns18 case, PLAINTIFFS' relief from the dismissal is justified. PLAINTIFFS wish to

19 remain as plaintiffs in the case, and, through their Request for Approval of

20 Substitution of Attorney, they clearly expressed their intent to Dr. Taitz to do so, prior

21 to her filing of NOTICE (See Exhibits '"I" and '"2"). Dr. Taitz refused to cooperate

22 with PLAINTIFFS' requests to substitute Mr. Kreep as their attorney, and Dr. Taitz

23 went behind PLAINTIFFS' backs in an attempt to have PLAINTIFFS dismissed from

24 the case to avoid allowing PLAINTIFFS to be represented by an attorney of their

25 choosing. Since PLAINTIFFS wish to remain named as plaintiffs in the case, and

26 since they did not consent to Dr. Taitz 's filing of NOTICE dismissing them from the

27 case, the Court should find that relief is justified, and it should vacate PLAINTIFFS'

28 dismissal.

5F X PA R T F A PPT . Tr AT T O N F O R O R n F R \T!>. r !> . TThTr. v n T TTl\.IT" D V nTC:l\,HC:C: AT


6/25

m Robinson and

III. CONCLUSION

2 Based on the reasons set forth above, PLAINTIFFS respectfully request that

3 the Court grant PLAINTIFF's ex parte application to grant an order vacating the

4

voluntary dismissal and reinstate PLAINTIFFS as plaintiffs in this case, with Mr.5 Kreep as their attorney of record.

6

7

8 Dated: August 19, 2009

9

10

I I

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6


7/25

e eDE C LARA TION OF MARKHAM ROBINSON

I, Markham Robinson, hereby declare as follows:

1. That I am a Certified California Elector of the American Independent Party, Vice Chaimlan of

America's Independent Party, and Chaiffilan of the American Independent Party, and that, if called upon

to do so, I could, and would, competently testify as follows:

2. That Dr. Taitz never asked me for my permission to include my name as a plaintiff in the

complaint herein, filed on January 1,2009.

3. That, however, I desire to remain as a plainti ff in this case, and that it is my preference to be

represented by Mr. Kreep in the matter.

4. That, on July 13,2009, I requested, through an email to Mr. Kreep, that Mr. Kreep prepare the

necessary paperwork in order to substitute Mr. Kreep for Dr. Taitz as my counsel in this case.

5. That, on July 21, 2009, I received the Request for Substitution of Attorney, agreed to its ternls,

signed the Request, and mailed the Request, and emailed a digital copy of the Request , to Mr. Kreep's

office.

6. That, on July 30, 2009, I received an email from Dr. Taitz, informing me that she was refusing to

consent to the Request for Substitution of Attorney, and that she would like Mr. Kreep to file a Notice of

Voluntary Dismissal on my behalf.

7. That, on August 2,2009, I was infoff iled by Mr. Kreep that Dr. Taitz had filed documents to

dismiss me from the case.

8. That I was not infoffiled, prior to her filing the Notice of Voluntary Dismissal, that Dr. Taitz

planned to dismiss me as a plaintiff.

9. Tha t I did not, and would not, consent to my being voluntarily dismissed from the case.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration

was executed on August 12, 2009, at Vacaville, California.

6 I n ~ ~MARKHAM ROBINSON A ~ . l . )')./[10


8/25

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

e0 0 0 1 2 1 0 0 0 0 0 0 0 0 0 0 0

P. 0 1

DECLARATION OF WILEY S. DRAKE

L Wiley S. Drake, hereby declare as follows:

i . That I wa." the vice-presidential candidate for the America's Independent Party m

20mL and that, if called upon to do so, I could, and would, competently testifY as follows:

That Dr. Taitz never asked me for my permission to include my name as a

plaintill in the complaint herein, filed on January 1,2009.

That, however, I desire to remain as a plaintiff in this case , and that it is my

preference to be represented by Mr. Kreep in the matter.

l That, on July 13,2009, I requested, through an email 10 Mr. Kreep, that Mr. Krccp

prepare the neceSSaI)' paperwork in order to substitute Mr. Kreep for Dr. Tai tz as my

counsel in this case.

j . That, on July 21, 2009, I recei ved the Request for Substitution of Attorney, agreed

to its krms, signed the Request, and mailed the Request, and faxed the Request, to Mr

Krcep's office.

o. Thal, on July 30,2009, I rece ived an email f rom Dr. Taitz, informing me that she

wus refusing to consent to the Request for Substitut ion of Attorney, and that she would

ijke Mr. Kl'eep to file a Notice of Voluntary Dismissal on my behalf.

7. That, on August 2,2009, I was informed by Mr. Kreep that Dr. Taitz had filed

documents to dismiss me from th e case; that I was no t infoffiled, prior to the filing of said

documents, that Dr. Taitz planned to dismiss me as a plaintiff; and that I did noL and

would not, consent to my being voluntarily dismissed from the case.

1declare under penalty o f peljury that the foregoing is true an d correct and that

this declaration was executed on August 12, 2009, at Buena Park, California.


9/25

DECLARi\ TION OF ELLIOT WILSON

I, Elliot Wilsoll, declare the following:

I. That I am a law clerk employed by the tJnited States Justice Foundation.

2. '1'ha1, on the afternoon of July 24, 2009, I drove to the United States Post Office

branch located in Ramona, California and mailed, via Express Mail, two Requests for Approval

of Substitution of Attorney signed by Mr. Robinson and Dr. Drake, and a cover letter from Mr.

Kreep to Dr. TaiL;,.

3. That , on the morning of July 27,2009, I accessed the United States Post Office's

website, and entered the above-mentioned Express Mail package's tracking number into the

website's package tracking system, and that the website showed that the package was delivered

an d s igned for by "R.M." at 11:49 am on July 27,2009.

I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed on August 12,2009, at Ramona, California.

i"".

~ d ~ = - - 7 t t : ~ : ~ ~ : : - " - - - - - - - - - - - - - -

( / / ELLIOT WILSON

9


10/25

EXHIBIT 1


11/25

0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . , . 0 0 0 0 0 0 0 0 p . 0 j

lH F \\1 OFfiCI:: or UARY G. KREEPtJ/iFS (J KRI-EP, ESQ_ (SBN 066482): ) ) ! D STREET, SUITE 2i ':,\\10r,jj '" C \ 92065

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

!\hn K ( ' y c ~ ,PhD., Wiley S. Drake, and: ~ L i r k h ; j mRobinson,

Y.

Plainums)

CASE NUMBER

SACY09-00082-DOC (Anx)

REQUEST FOR APPROVAL OFSUBSTITUTfON O f ATJ'ORNEY

_ w ~ s c s .~ ~ l k e

Name of Parry

DetenJant(I). ...-l _

l i PlaimtifT 0 L>efendant 0 Other- - -

:lr.rl:O; request the COllrt approve the substitution of ..G = - ~ . : : . ; a r y : . L - G = - - , - , 'K r ~ e ' - e - L p _.Yew A/lorney

J:i


12/25


13/25

EXHIBIT 2


14/25

fHE LA W OFF1CEOF GARY G. K R f ~ E PG/\RY G. KREEP. ESQ.(SBN0t56482)iJ32 I) , STREET.SUITE2rU\MONA, CA 92065

U N I T E l ) S ' I ' i \ T E S J ) I S T R l d r ~ 9 U R TCENTRAL DIS1;RICTOF CALIFORNIA

;\lan Keyes, PhD.,Wiley S. Drake, andMarkham Robinson.

v.

11. Obnma,et at.

CASE NUMBER

SACV0900082DOC(Anx)

REQU.iSTFORAPPROVALOFSUBSTITUT'@NOFATTORNEY

_ t v _ l a _ r k _ h _ a _ m ~ . ~ _ R _ o _ b i _ n _ s o _ n _ ~rt Plaintiff CJDefendaflt OOther - - _ _Ndme:(JjPti,:fy

hereby requestthe C O l l r t a p p r Q v c t h e s u b s t i t u t i Q n o f . . ; : G ; : ; : J a : : : . . r y i l , . . , ' , ; ; : G ~ . ~ K ; , ; ; . l ' e ; : ; ; e : . l : p- - - - - - - -New ;tllorney

n$ illlofrrcy 0 f record in' place a r t d ~ t e a d{If...:O::..;r,,- ;; : : O,. ; . ,; r l ,,, - ~ '-, T ; ;: : ; ac; , ; ;;i t z :; : . ._ ~ . ~ _

Dated July 20,2Q,09

Pre,fIJnl,'AltlJrfWy ,

~ ~ ~ ' ~ ' 1i'guaflll'eqf PatWA t i l h o r J = . ( ! i [ ! R t i p r t ! S I ~ I t I I H N q0/ N/rty

=I have given proper nbticepUrSQantto L o c a r R . u l e 8 3 ~ 1 . : a n dfurtherconsent':fothe above substitllt'on.

DatedSigncitute 0/ Prll.fffnlt,luornff)'

f am duly ndmittedlopractlceinUiis.DislrictpurSllllntJOLocal Rule 8 3 ~ 2 .

Dated J u J . L - - y = - 2 ( ~ ) ' c . = 2 " , " O O : . : . . ; ; 9 \ - , ._

Irparty requestingtoappearProSe:

Dated

Signatur(! q,fNew AllarJwy

Q66482Sftilclkfr NiuJlber

NOTE: COlJNSELANDJ)I\R,rrIF-SAR:EREM,NOEU'tOSOBMl'fACOMPU1TEOOROERONREQb'ESrFORAl'P/?Ov',tLOFSUBsffitiirmN OF A T T ( ) R l " " E Y ( O ' ; O l O R D E R ) . ~ L O N G W l n t T U J


15/25

ame and address:

THE LA W OFFICE OF GARY G. KREEPGARY G. KREEP, ESQ. (SBN 066482)932 D. STREET, SUITE 2RAMONA, CA 92065

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

Alan Keyes, PhD., Wiley S. Drake, andMarkham Robinson,

v.

Banlck H. Obama, et al.

Plaintiff(s)

Dcfcndant(s).

CASE NUMBER:

SACY09-00082-DOC(Anx)

ORDER ONREQUEST FOR APPROYAL OF

SUBSTITUTION OF ATTORNEY

The Court hereby orders that the request of:

Markham Robinson ii1 Plaintiff 0 Defendant 0 Other- - - - - = = = : ~ = = = ~ - - - - ----------Name of Party

to substitute ~ G : : . ; : a : : ; . . r y " _ _ " ' G : . . : . . _ " " K r = = _ _ e e : : . J : p ' _ _ who is

ii6 Retained Counsel o Counsel appointed by the Court (Criminal cases only)

932 D. Street, Suite 2Street Address

o Pro Se

Ramona, CA 92065City, State, Zip

(760) 788-6624Telephone Number

(760) 788-6414Fax Number

[email protected] Address

066482State Ba r Number

as attorney of record in place and stead o f = . D ~ r - , - .~ O ~ r l ' . l - y ~ T " - , a ~ i t " , , z , - - - . _

is hereby

Dated

o GRANTED o DENIEDPresent Attorney

U. S. District Judge/U.S. Magistrate Judge

NOTICE TO COUNSEL: IF Y OU ARE CURRENTLY ENRO LLED IN TH E O PTICAL SCANNINGPROGRAM AND HAVE CHANGED YOUR E-MAIL ADDRESS SINCE YOUR ENROLLMENT, YOU MUSTCOMPLETE AN ENROLLMENT/UPDATE FORM (G-76) TO ENSURE THAT DOCUMENTS ARE SERVED

AT THE PROPER E-MAIL ADDRESS. THIS FORM, AS WELL AS INFORMA n O N ABOUT THE OPTICAL

SCANNING PROGRAM IS AVAILABLE ON THE COURT'S WEBSITE AT WWW.CACD.USCOURTS.GOV.

G-OI ORDER (06/05) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY


16/25

EXHIBIT 3


17/25


18/25

TTER TO DR/\KE AND ROBINSON.doc http://mail.google.cOmle '?ui=2&ik=2ebOOc22d6&vie w=att&th=1

I doubt, it would be better than setting the stage for infighting regarding strategy,procedure, and timing between me and NIr. Kreep.

Accordingly, it is my present intention NOT to sign the Request for Approval ofSubstitution of Attorney signed by you two and Mr. Kreep.

If Mr. Kreep will simply and expeditiously file a Rule 41 (a) Motion for VoluntaryDismissal without prejudice on behalf of his clients only, or if you two wish to do so inpropia persona, then the new 50 or so new (mostly military) Plaintiffs who were addedonto my case by the First Amended Complaint can proceed quite well without Mr.IZreep's assistance, and Mr. Kreep can refile on your behalf(Mr. Markham & Mr. Drake)in Federal or State Court, wherever he sees best. I do not believe that severing thislitigation will be injurious to any party or to the movement as a whole, or even to thespecific litigation before Judge Carter. It has been my honor to represent you both and I

wish you and Mr. Kreep the very bes t of luck in whatever separate patriotic course of

action you may choose to take.

I hope I will hear from you all expeditiously.

Yours very truly,

Dr. Orly Taitz

Attorney-at-Law

Orly Taitz Law Offices

26302 La Paz, Suite 211

Mission Viejo, California 92691

Telephone: (949) 683-5411

E-Mail: [email protected]


19/25

EXHIBIT 4


20/25

1

2

3

45

6

Dr. Orly TaitzAttornev-at-Lawarly Taltz La w Offices26302 La Paz, Suite 211Mission Viejo, California 92691Telephone: (949) 683-5411E-Mail: [email protected]

Civil Action No.:SACV09-00082- DO C (Anx)

TRIAL- BY -JUR YDEMANDED

UNITED STATES DISTRICT COURTFO R THE CENTRAL DISTRICT OF CALIFORNIA

S AN TA A NA (SOUTHERN) DIVISION

9

7

8

] ]

10

13

15

18

17

21

Captain Pamela Barnett,Lt. Colonel Richard Norton BauerbachCaptain Robin D. BironColonel John D. Blair,Mr. David 1. Bosley,M s. L or et ta G . Bosley,

12 Captain Harry G. Butler,Representative Glenn Casada, TennesseeJennifer Leah Clark,Representive Timothy Comerford, NH

14 Charles Crusemire,Representative Cynthia Davis, MissouriChief Warrant O. Thomas S. DavidsonWiley S. Drake,

16 Matthew Michael Edwards,Lt. Jason Freese,

Mr . K ur t C . Fuqua,Officer Clint Grimes,Representative Casey Guernsey, Iv1issouri

19 Julliett Ireland,D. Andrew Johnson,Israel D. Jones ,Timothy Jones,Alan Keyes , Ph.D. ,

22 Commander David Fullmer LaRoque,Gail Lightfoot,Lita M. Lott,Major David Grant Mosby,

24 MSGT Steven Kay Neuenschwander,Representative Frank Niceley, TennesseeRetired Senator Jerry O'Neil, Montana,SF C E7 Robert Lee Perry,

26 Representative Larry Rappaport, NHColonel Harry Riley,Markham Robinson,Sergeant Jeffrey Wayne Rosner,MSGT Jeffrey Schwilk,

25

n28

Rule 41(a)(l)(A)(i) Notice by Wiley S. Drake an d Markham G. RobinsonNotice o/Volun tary Dismissal, SACV09-00082-DOC (ANX),Filed Augustl , 2009 - 1 -

DR, ORL.EY T ' n7FOR THE PL,,, , ,0

26302 L.A PAZ SUITE2]lMISSION VIEJO, CALIFORNIA 92691


21/25

v.

Barack Hussein Obama,

Captain David Smithey,Lt. Commander John Bruce Steidel,Cmdr. Douglas Earl StoeppelwerthThomas J Taylor,Representative Eric Swafford, TennesseeCaptain Nei l B. Turner,R icha rd E . Venab le ,LCDR Jeff Graham Winthrope, an dLt. Colonel Mark Wriggle,

Plaintiffs,

2

3

45

6

7

8

9

10

11

12

13

14

15

16

17

18

19

X)

21

22

23

24

25

2fj

Z7

28

Michelle L.R. Obama, Hillary Rodham Clinton, Secretary of State, Robert M. Gates, Secretary of Defense, Joseph R. Biden, Vice-President and President of the Senate,

Defendants.

PLAINTIFF WILEY S. DRAKE & MARKHAM G. ROBINSONRULE 41(a) NOTICE OF VOLUNTARY DISMISSAL without PREJUDICE

Plaintiffs Wiley S. Drake and Markham G. Robinson have communicated

through their preferred counsel Gary G. Kreep that they do no t wish to be

represented by the undersigned counsel and tha t they do not wish to work with her

any more, in that they initially disapproved of filing in Federal Court.

IRRECONCILABLE DIFFERENCES WITH COUNSEL

These Plaintiffs submit that they have irreconcilable differences with th e

strategy of the undersigned counsel. For he r part, th e undersigned counsel for all

other Plaintiffs respectfully submits and states in good faith t ha t s he cannot

effectively work or cooperate with these Plaintiffs' proposed counsel Gary G. Kreep,

an d that no involuntary associa tion of counsel in a complex and h ighly contentious

case such as the present , h ighly emotionally charged and polit ically sensitive

litigation is l ikely to yield positive: results. On e of the plaintiffs filing notice herein

has made public comments with which the unders igned counsel does not agree.

Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. RobinsonNotice a/Voluntary Dismissal, SACV09-00082-DOC (ANX),Filed August 1, 2009 - 2 -

DR. ORLEY TAITZFOR THE PLALil L ,;

26302 LA PAZSUITE211MISSION VIEJO, CALIFORNIA 92691


22/25

2

3 \\,'herefore, Plaintiffs Wiley S. Drake and Markham G. Robinson serve notice,

4 pursuant to Rule 41 (a)(l )(A)(i) of voluntary dismissal and withdrawal of their names5 as Plaintiffs in the above-entitled and numbered cause of action, reserving to

6 themselves the right to pursue similar or paral lel or distinct litigation in any court of

-; I competent jurisdiction, state or federal. Plaintiffs and the undersigned counsel

8 submit that inf ight ing among allies is among the most counterproductive factors

9! which can possibly arise in litigation.

10 According to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure

11 Plaintiffs may voluntarily dismiss their cause of action without a court order by filing

12 their Notice of Dismissal before the opposing party serves either an answer or a

13 motion for summary judgment. No opposing party has served either an answer or a

14 motion for summary judgment in the present case. No opposing party has fi led a

15 counterclaim, nor has any opposing party filed any motion adverse to the interests of

16 these plaintiffs whatsoever.

17 These Plaintiffs file their Notice of Voluntary Dismissal without Prejudice,

18 and would aver that they have never previously dismissed any federal or state-court

19 action based on or including the same claims as in the present actioll, so that pursuant

X) to Rule 41 (a) (1 )(B) there is no reason or cause for considering that these plaintiffs'

21 notice of voluntary dismissal should or could operate as an adjudication on the merits

22 of any aspect of their claims.

23 PRAYER FO R RELIEF

24 WHEREFORE, Plaintiffs WILEY S. DRAKE and MARKHAM G.

25 ROBINSON ask this Court to take Notice of and Approve their withdrawal from this

2fj action and voluntary dismissal of their names from the list of Plaintiffs, without

n prejudice to their refiling their claims at some future date in any court of competent

28 jurisdiction, state or federal.

Rule 41(a)(l)(A)(i) Notice by Wiley S. Drake and Markham G. RobinsonNotice o/Voluntary Dismissal, SACV09-00082-DOC (ANX),Filed August 1,2009 - 3 -

DR. ORLEY TAlTZFOR THE PLAINTIFFS

26302 LA PAZ SUITE 211MISSION VIEJO, CALIFORNIA 92691


23/25

1

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

:J)

21

22

23

24

25

2fj

T1

28

Saturday, August I, 2009

Respectfuny submitted,

By: _Dr. Orly Taitz, E sq . ( SB N 223433)Attorney for th e Plaintiffs26302 La Paz, Suite 211Mission Viejo, California 92691

Telephone (949) 683-54] 1E-Mail: elr tai tz @yahoo ,.Qom

Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake an d Markham G. RobinsonNotice of Voluntary Dismissal, SACV09-00082-DOC (ANX),Filed August 1, 2009 - 4 -

DR. ORLEY TAITZFOR THE PLAINTIFFS

26302 LA PAZ SUITE 211MISSION VIEJO, CAUFORNfA 92691


24/25

2

3 PROOF OF SERVICE

4 I the undersigned Charles Edward Lincoln, being over the age of 18 and not a

5 party to this case, so hereby declare under penalty of perjury that on this Wednesday

6 i July 15, 2009, I provided facsimi le cop ies of the Plaintiffs' above-and-foregoing

7 "Rule 41 (a)(l)(A)(i) NOTICE OF VOLUNTARY DISMISSAL without prejudice"

8 filed by and on-behalf of Plaintiffs WILEY S. DRAKE and MARKHAM G.

9 ROBINSON upon those attorneys w ho h av e appeared in this case in accordance with

10 the local rules of the Central District of California, to wit:

11 THOMAS P. O'BRIEN

12 LEON W. WEIDMAN

13 R OG ER E . W ES T

14 DAVID A. DeJUTE

15 FACSIMILE (213) 894-7819

16 DONE AND EXECUTED ON THIS 1st day of August, 2009

17

18

19 Charles Edward Lmcoln

X)

21

22

23

24

25

2f)

7J

28

Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. RobinsonNotice of Voluntary Dismissal, SACV09-00082-DOC (ANX),Filed August 1, 2009 - 5 -

DR, ORLEY T \ I T "FOR THEPL\,

26302 LA PAZ SUITE 211MISSION VIEJO, CALIFORNIA


25/25

1 UNITED STATES JUSTICE FOUNDATIONGARY G. KREEP; SB N 066482

2 932 "D" Street, SUIte 2(Email: usjfayusjf.net}

3 Ramona, California 92065Tel: (760) 788-6624

4 Fax: (760)788-6414

5Attorney for Plaintiffs, Markham Robinson

6 and Wiley S. Drake

7

8

9

10

11

UNITED STATES DISTRICT COlJRT

FOR T HE C EN TR AL DISTRICT OF CALIFORNIA

S AN TA A NA (SOUTHERN) DIVISION

CAPTAIN PAMELA BARNETT,et aI.,

BARACK HUSSEIN OBAMA, etaI.,

Plaintiffs,

Defendants

vs.

) CIVIL ACTION NO:) SACV09-00082-DOC (Anx)

) fPROPOSEDl ORDER GRANTING EX) PARTE APPLICATION TO VACATE~ VOLUNTARY DISMISSAL

)))))------------ )18

19

16

17

15

12

13

14

20 [PROPOSED] ORDER

21 Having considered PLAINTIFFS' Ex Parte Application for Order Vacating

22 Voluntary Dismissal, and good cause appearing:

23 IT IS HEREBY ORDERED that PLAINTIFFS' Ex Parte Application for Order

24 Vacating Voluntary Dismissal is granted.

25

26 Dated:

27

28

UNITED STATES DISTRICT COURT] UOGE

keyes v obama - 45 - ex parte application to vacate plaintiffs' voluntary dismissal filed by...

Documents