Case 8:09 CV 00082 Doc An

Case 8:09-cv-00082-DOC-AN Document 82 Filed 10/07/2009 Page 1 of 7
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3 Dr. Orly Taitz, Attorney-at-Law
29839 Santa Margarita Parkway
4 Rancho Santa Margarita CA 92688
Tel: (949) 683-5411; Fax (949) 766-7036
5 California State Bar No.: 223433
6 E-Mail: dr_taitz@yahoo.com
7 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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Captain Pamela Barnett, et al., §
9 Plaintiffs, §
§
10 v. § Civil Action:
§
11 Barack Hussein Obama, § SACV09-00082-DOC-AN
Michelle L.R. Obama, §
12 Hillary Rodham Clinton, Secretary of State, §
13 Robert M. Gates, Secretary of Defense, §
Joseph R. Biden, Vice-President and § EMERGENCY EX-PARTE
14 President of the Senate, § MOTION: EXPEDITED
Defendants. § RESOLUTION REQUESTED
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EMERGENCY EX-PARTE
16 MOTION FOR RELIEF FROM STAY OF DISCOVERY (Doc. 66)
17 ENTERED SEPTEMBER 16, 2009
18 Come now the Plaintiffs with this Motion for Relief from Stay of
19 Discovery which this Court entered by written Minute Order in Chambers
20 (Document 66) on September 16, 2009.
21 On October 7, 2009, the undersigned counsel received this Court’s
22 Minute Order Filed October 5, 2009 (Document 81) apparently
23 immediately after the hearing held that morning, in which order the
24 scheduling order tentatively entered by the Court on September 8, 2009,
25 was confirmed: “The Court now orders those dates be made final.”
26 In particular, the Court ordered the Motions for Summary Judgment
27 must be filed by November 16, 2009, to wit, the 40th day after today (less
28 than 6 weeks). Plaintiffs can neither prepare any possible motions for
Dr. ORLY TAITZ, Attorney-at-Law
Plaintiffs’ Emergency Motion for Relief from Limited Stay of --1– 29839 Santa Margarita Parkway
Discovery Entered on September 16, 200, by Document 66 Rancho Santa Margarita, Ca 92688
(949) 683-5411; e-mail: dr_taitz@yahoo.com
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3 partial or complete summary judgment nor prepare themselves to defend
4 any such motions under Rule 56 by the defendants without conducting
5 discovery, in particular, the depositions duces tecum of Defendants:
6 (1) Barack Hussein Obama and Michelle L. R. Obama (who, whether
7 they have any personal knowledge concerning Mr. Obama’s actual place
8 of birth or not [the Court suggested in Court on October 5, 2009, that few
9 individuals recall any details concerning the circumstances of their own
10 birth or immediate post-natal citizenship and residence], both have
11 separate and independent personal knowledge of Mr. Obama’s life &
12 medical history and records in his actual or constructive possession, his
13 history of applications for passports and/or compliance with Selective
14 Service Registration requirements, his personal physicians’, hospitals’,
15 and educational records, as well as his presidential records and personal
16 papers and archives which may have effectively been sealed at his sole
17 discretion as a matter of executive privilege by Executive Order 13489
18 entered on January 21, 2009, whether such order was designed or intended
19 to expand or contract access to previous Presidents’ records); these
20 defendants also have direct and personal knowledge concerning Mr.
21 Barack Hussein Obama’s recent residence and employment history and
22 causes or justifications for the use of one or more social security numbers
23 in relationship to such residence and employment history.
24 (2) Hillary Rodham Clinton, who as Secretary of State is in charge of the
25 extent United States Passport Agency and other governmental records
26 concerning Barack Hussein Obama’s citizenship and other relevant records,
27 as well as having personal knowledge of what private disclosures Barack
28 Hussein Obama may have made to her and other Democratic Party leaders
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3 and officials of the Democratic National Committee during the 2008
4 Presidential Campaign.
5 (3) Joseph R. Biden, who has parallel but independent access to many of
6 the same sources of information as Hillary Clinton, as well as closer access to
7 the President as his life history and personal information during the 2008
8 campaign.
9 (4) Robert M. Gates who as Secretary of the Department of Defense is
10 custodian of all records concerning Mr. Obama’s history of security
11 clearances, his selective service registration, his level of Department of
12 Defense clearance (if any), and, together with Defendants Michelle L.R.
13 Obama, Hillary Rodham Clinton and Joseph R. Biden, parallel but
14 independent information concerning Mr. Obama’s private discussions and
15 disclosures to other Democrats during the 2009 elections.
16 (5) Non-party witnesses around the United States who must be
17 subpoenaed and summoned to appear for depositions duces tecum on not
18 less then 33 days written notice unless the Court specifically shortens the
19 time to notice and/or subpoena each and every party or non-party witness.
20 There is no possibility of agreement or stipulation regarding the
21 initiation of discovery in this case. The Plaintiffs have corresponded and
22 conferred with counsel for the Defendants this 7th day of October, 2009, by
23 electronic mail, and submit the Defendants’ paired responses as Exhibits A &
24 B. Because the Defendants’ position has been clarified, this Emergency
25 Motion is submitted to the Court for resolution.
26 There is simply no time for an ordinary time-table for setting hearings
27 upon notice, and this Motion is accordingly submitted to the Court upon an
28 emergency and expedited basis. If a hearing is required, Plaintiffs’
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3 undersigned counsel is available at anytime upon 2 hours notice to appear in
4 person in Court in Santa Ana, or upon 5-10 minutes notice for appearance at
5 anytime by telephone at any telephone conference.
6 In the alternative, if the Court is unwilling to vacate its order granting
7 limited stay of discovery completely, Plaintiffs pray that all proposed
8 discovery be certified as relevant to the questions of standing, jurisdiction,
9 and venue, on the grounds that Executive Order 13489 may have caused
10 particular injury to each of the Plaintiffs in that it radically curtailed all
11 Plaintiffs’ ability to exercise their rights under the Freedom of Information
12 Act and their reserved Ninth Amendment as heirs to and beneficiaries of the
13 sovereignty of this nation to the exercise of their right to petition for writ of
14 quo warranto.
15 WHEREFORE, Plaintiffs request a speedy resolution of their Motion
16 for Relief from Limited Stay of Discovery entered on September 16, 2009, by
17 Document 66, so that Plaintiffs can prepare for and abide by this Court’s
18 scheduling order confirmed on October 7, 2009, by Document 81.
19 Respectfully submitted,
Wednesday, October 7, 2009
20 /s/ ORLY TAITZ, ESQ.
21 By:__________________________________
Dr. Orly Taitz, Esq. (California Bar 223433)
22 Attorney for the Plaintiffs
23 29839 Santa Margarita Parkway
Rancho Santa Margarita CA 92688
24 Tel.: 949-683-5411; Fax: 949-766-7036
E-Mail: dr_taitz@yahoo.com
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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,
6 Wednesday, October 7, 2009, I provided facsimile or electronic copies of the
7 Plaintiffs’ above-and-foregoing Notice of Filing of the 28 U.S.C. §1746 Declaration
8 of Charles Edward Lincoln to all of the following non-party attorneys whose names
9 were affixed to the “STATEMENT OF INTEREST” who have appeared in this case
10 in accordance with the local rules of the Central District of California, to wit:
11 THOMAS P. O’BRIEN
12 LEON W. WEIDMAN
13 ROGER E. WEST roger.west4@usdoj.gov (designated as lead counsel for President
14 Barack Hussein Obama on August 7, 2009)
15 DAVID A. DeJUTE
16 FACSIMILE (213) 894-7819
17 DONE AND EXECUTED ON THIS Wednesday the 7th day of October, 2009.
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19 /s/Charles Edward Lincoln, III
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Charles Edward Lincoln, III
21 Tierra Limpia/Deo Vindice
c/o Peyton Yates Freiman
22 603 Elmwood Place, Suite #6
Austin, Texas 78705
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24 charles.lincoln@rocketmail.com
Tel: (512) 923-1889
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13 Exhibit A:
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Roger West’s First
16 Response to Plaintiffs’
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Request for Agreement:
19 “NUTS”
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14 Exhibit B:
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16 Roger West’s
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Clarification of
19 First Response
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Case 8:09-cv-00082-DOC-AN Document 82 Filed 10/07/2009 Page 1 of 7

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