18 votes

UPDATE: Richard Gilbert deals (another) devastating blow to delegate case!

UPDATE:
It's worse than I suspected. The judge upon receiving the response to the ORDER TO SHOW CAUSE, states that the Second Amended Complaint is worse than the First Amended Complaint. It lacks any factual pleas and reads more like a press release than a legal complaint with any standing.

As a result, he has given Gilbert a further 24 hours to again SHOW CAUSE why the complaint should not be dismissed altogether, otherwise it will be dismissed.

Gilbert seems to be asking the court to render an opinion on the Voting Rights Act, which the court has no power to do.

--------------COURT MINUTES--------------------

PROCEEDINGS: (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM AND
DISCHARGING PRIOR ORDER TO SHOW CAUSE
This Court previously ordered Plaintiffs to show cause why this Court should not construe Plaintiffs’ notice of appeal as a desire to stand upon the First Amended Complaint and treat the August 7, 2012, Order as a final judgment divesting this Court of jurisdiction.
See August 20, 2012, Order (Dkt. 43). As the Court explained, Plaintiffs “cannot pursue an appeal from the Court’s order and simultaneously treat this matter as ongoing by filing [a] second amended complaint.” Id. (quoting Ingram v. Warden, CIV.A. 10-4151 NLH, 2011 WL 318300, *1 (D.N.J. Jan. 24, 2011)).

In their Response, Plaintiffs state that they did not intend to file an appeal and, instead, they wish to continue to litigate with the Second Amended Complaint as the operative pleading.
See Response (Dkt. 44).

Thus, the Court DISCHARGES the August 20, 2012, Order to Show Cause and will treat the Second Amended Complaint as the operative pleading.

Because Plaintiffs maintain that they have not filed an appeal, the Court retains jurisdiction to rule on Plaintiffs’ Second Ex Parte Application (Dkt. 37).

The Court DENIES the Ex Parte Application.

However, in the spirit of Plaintiffs’ Ex Parte Application, this Court will seek to expedite the resolution of this case. “Something labeled a complaint but written more as a press release, prolix in evidentiary detail, yet without simplicity, conciseness and clarity
as to whom plaintiffs are suing for what wrongs, fails to perform the essential functions of a complaint.” McHenry v. Renne, 84 F.3d 1172, 1179-80 (9th Cir. 1996) (upholding dismissal for “failure to say which wrongs were committed by which defendants”). Here, the Court dismissed Plaintiffs’ First Amended Complaint because the vast majority of the pleadings were unintelligible and Plaintiffs’ sole intelligible allegations failed to state a claim. In Plaintiffs’ Second Amended Complaint, they appear to have removed all
factual pleadings and instead request an impermissible advisory opinion from this Court about the scope of the Voting Rights Act. U.S. Nat. Bank of Oregon v. Indep. Ins. Agents of Am., Inc., 508 U.S. 439, 446 (1993) (“[A] federal court [lacks] the power to render advisory opinions.”).

Thus, the Court ORDERS Plaintiffs to SHOW CAUSE why this case should not be dismissed with prejudice for failure to comply with Federal Rule of Civil Procedure 8, failure to state a claim under Rule 12(b)(6), or for violation of a court order pursuant to Rule 41(b). See Hearns v. San Bernardino Police Dep’t, 530 F.3d 1124, 1131 (9th Cir. 2008) (explaining that a complaint that is so confusing that its “true substance, if any, is well disguised” may be dismissed sua sponte for failure to satisfy Rule 8); Omar v. Sea- Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (“A trial court may dismiss a claim sua sponte under Fed.R.Civ.P. 12(b)(6).”); Nevijel v. N. Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir.1981) (“A complaint which fails to comply with [Rule 8] may be dismissed with prejudice[.]”).

Plaintiffs shall electronically file a Response on or before August 23, 2012. If Plaintiffs fail to do so, this Court shall dismiss with prejudice. In addition, if Defendants wish to file a Reply to Plaintiffs’ Response, they must do so on or before 1 p.m. on
August 24, 2012.

--------------------------END COURT MINUTES--------------------

Words escape me!

====================END UPDATE===========================

This lawyer really should have brushed up on procedural rules. It appears that he filed both an amended complaint and an appeal to the previous ruling at the same time!

Judges generally are displeased when they see blatant attempts to subvert or bypass the rules (not to mention it's appearance of hypocrisy in this particular case).

As a result Gilbert, et al have been given 24 hours to show cause or the court will rule on the previous complaint WITH PREJUDICE, which means any chance of ever arguing this case before a federal court is nil!

https://docs.google.com/file/d/0B7pGfd5cF6HTN09PaTdxclZQLUE/...

EDIT
Alternate link:
http://freedombroadcastingnetwork.com/8.20_civil_minutes.pdf



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I think we won in the court of public opinion which was maybe

the point of the case. Many people now know delegates are unbound (including delegates) according to the RNC's own ruling in 2008, and federal vs. state law. Before, everyone assumed delegates were just "bound." Now people are aware it's not that simple.

I for one understand it much better than I did before Gilbert brought the case.

just my pinion!

A man who views the world the same at fifty as he did at twenty has wasted thirty years of his life.
-- Muhammad Ali

Delegates are not bound!

The delegates are not bound according to the judge. The judge confirmed this early on in the case. He dismissed the case, but did not rule that the delegates are bound. No delegate is bound and cannot be charged with a crime if they vote their conscience.

Case dismissed with predjudice

Which means it can't be brought back to court. He'll have to take it to an appelate court if he wants to continue it.

(link to judge's ruling in article)

http://www.dailypaul.com/250961/third-party-ron-paul-delegat...

Blessings )o(

Part of the plan

This is part of the plan:

USA_Patriot_Press ‏@USA_Free_Press
The Trial Judge has just sent word that at 7:24 pm he ordered the case dismissed. We next must wait to see what the Appellate Court rules

Judge's Ruling

Plaintiffs’ six-page Response to the Order to Show Cause fails to identify a single factual allegation in the Second Amended Complaint about a specific act done by a specific defendant to a specific plaintiff that gives rise to a Voting Rights Act violation,and this Court has found none. See Response (Dkt. 47). In addition, Plaintiffs cite no authority other than one case identified by this Court in its Order to Show Cause. See id.

Accordingly, this Court DISMISSES the Second Amended Complaint WITH PREJUDICE for failure to comply with Federal Rule of Civil Procedure 8, failure to state a claim under Rule 12(b)(6), and for violation of a court order pursuant to Rule 41(b).

It's a shotgun ruling intended to obfuscate real legal issues.

The judge had telegraphed that he was hostile to the case and this is his way of gumming up the works for an appeal with procedural hurdles of his own creation. The clear issue here is the affect of the black letter federal law which requires that delegates are able to vote their conscience without coercion vs. the first amendment freedoms provided to a political party in selecting a nominee. It appears to me that the parties are free to select their delegates as they choose, but once chosen they cannot be coerced to vote for a particular candidate. The judge has made a deliberate effort to avoid addressing that issue and instead has feigned the inability to read what is clear from the complaint and filings. Now the path is to appeal to the U.S. Court of Appeals and perhaps even the U.S. Supreme Court.

Whatever the outcome, at least someone has put up a fight and the possibility that a higher court may intervene may keep the RNC bosses on better behavior at the convention.

WHOA!

This is totally unexpected!!

Who could have possibly seen this coming?!

Eric Hoffer

So we lost?

So we lost?

"Believe half of what you see, and none of what you hear." - Benjamin Franklin

Don't worry.

According to the G-man: “Supreme Court here we come”

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Does a judge in the 3rd

Does a judge in the 3rd dimension have the authority to dimiss a 4th dimensional lawsuit? Seems out of his jurisdiction.

I bet Gilbert is crafting his appeal to the United Federation of Dimensional Courts as we speak.

Which planet is the UFDC

Which planet is the UFDC based on?

Gilberton

....located in the galaxy Batshitcrazia

"Alas! I believe in the virtue of birds. And it only takes a feather for me to die laughing."

Not for us 3rd dimensional

Not for us 3rd dimensional unenlightened people to know, but I've heard rumors it's called Moronia.

It doesn't seem to matter if they are unbound because the

campaign would just give them away.

Is RP going to head the Gold Commission?

so tell me again how him losing the case

is a devastating blow?

what changed? answer me that.

Again?

Why again? Are you thinking it won't sound so bad if these things are pointed out again and again?

Ponder how things could have unfolded if the warnings hadn't been shouted down, the threads with the most damning evidence deleted, and people banned for telling the truth about the red flags that were so obvious. What if there hadn't been such a concerted effort to get the delegates into a doomed lawsuit without full disclosure about what they were getting into? What if they had been instead encouraged to pursue legal remedies with a competent attorney?

There *are* some very real cases of election fraud and abuse, some very solid evidence to back that up, and a competent attorney could have presented factual allegations (or if Gilbert had done so, in response to the judge's clear instructions) we would have gotten a hearing. That doesn't guarantee that we would have won but compared to the complaint and amended complaint that were written so as to virtually guarantee failure, I think that's a huge huge difference.

Another thing that changed is that the very long list of defendants now effectively have a very broad immunity. If you believe that there really were cases of fraud and abuse, then how can you not think that damage was done by making it impossible to bring a new lawsuit against so many people?

If the judge rules that a lawsuit that makes zero factual allegations is by definition a frivolous lawsuit, then the delegates who signed on may find themselves being asked to pay the legal expenses of the defendants. Hopefully that won't happen, but warnings about this shouted down way back at the beginning.

Is that enough?

then you should have done it yourself you puss.

posing as a lawyer who has a clue.

you fail to explain how this lawsuit is a bad thing. pass or fail. the results are the same without it.

this entire thread is a bigger sham than the lawsuit...

they already listed several reasons

but you ignored them.

Here's another - a few hundred people embarrassed themselves by being so willing to hitch their wagons to a guy who most reasonable people could tell either had a screw loose or was not legitimately trying to help.

And another - it ticked off the RNC to the point where they're now changing rules about how delegates can get elected, so it is much more unlikely that a particular delegate will ever WANT to be unbound. Whoops.

Lame

You get what you pay for. Or did he get paid? Can't even survive a motion to dismiss after two chances to get it right. Lame.

Thetis

I'm sure he got paid.

I'm sure he got paid.

BREAKING NEWS: Gilbert Strategy Change For Lawsuit!!

USA_Patriot_Press ‏@USA_Free_Press
“On this final day we litigate in the 4th dimension”

Fasten your seatbelts ladies and gents, it's going to be a bumpy ride!

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Behold the 4th dimension

Not for the timid or faint of heart:

PLAINTIFFS' OPPOSITION DEFENDANTS' REPLY

Today, Defendants changed their RNC rules related to denying all Delegates their
enumerated rights pursuant to the Voting Right Act.
Defendants' reply is also filed late, past the Court's 1:30 p.m. deadline.
Had Plaintiffs pled party rules, which were changed today, the RNC would be arguing that
the Second Amended Complaint was based upon rules that no longer existed.

With the new rules made by Defendants today it should become clear to the Court that
Plaintiffs properly pled that Defendants make, change, and break their own rules and refuse to
follow U.S. law as pled in the Complaint.

It could not be any more clear as a result of Defendants' conduct today by changing all of
their salient rule that Plaintiffs' Second Amended Complaint is properly pled with precise accuracy.

more here:
http://www.toolsforjustice.com/PlaintiffOppositiontoDefendan...

So...This Is and Always Has Been

...a huge RNC game and joke...planned right down to days before the convention. Just one more way to laugh at Ron Paul and anyone who listened to him and believed there was hope for a more just and sane country.

So THAT is the well planned, orchestrated 4th dimensional fireworks.

How seriously they take government and its people.

The only thing that makes me more angry and sad than being lied to..is being laughed at while being lied to. One world government...here we come.

fonta

Here's what I think.... I

Here's what I think....

I think the original purpose of the lawsuit was to get our NATIONAL delegates tied up with this "designed to lose lawsuit" instead of seeking legitimate help. When our Nat'l Delegates didn't jump on board, Gilbert tried everything he could to get it thrown out because "they" weren't concerned with the State Delegates or anyone else vote frauded or had bones broken, etc. They were only after our Nat'l delegates.

But the Judge kept giving him more chances by giving him the "special ed" treatment like he was a "prisoner without legal council". I can only inmagine Gilberts frustration as he kept having to file more responses less responsive than the last.

So instead of Gilbert suceeding, "they" had to take on our Nat'l Delegates in other ways.

The case is still alive! This means we have WON VICTORY!

Apparently, Dr. Gilbert has brilliantly crafted a response disguised as a press release that has such confounded the judge that it is impossible for him to rule.

At the same time, his 4 million twitter followers have put the fear of God into the RNC, forcing them to adopt new rules.

Break out the Dom P. guys - it's time to celebrate!

USA_Patriot_Press ‏@USA_Free_Press
6:25 pm Pacific - Neither Court has a Ruling - We made it impossible to dismiss the case at 1:30 pm. The Case lives into the night

USA_Patriot_Press ‏@USA_Free_Press
The critics who root for us to lose have to bite their nails - What was their plan again? Looks like we are the only hope left For Dr Paul

USA_Patriot_Press ‏@USA_Free_Press
Look what we made Romney do. That is a measure of how scared Romney is of the Freedom Team

USA_Patriot_Press ‏@USA_Free_Press
I am sure the critics think any attorney can do that

Now he's just laughing at the

Now he's just laughing at the lawsuit supporters and mocking them. He want's to see just HOW RIDICULOUS DOES HE HAVE TO GET before his supporters realize they were taken for a ride.

OMG

"He want's to see just HOW RIDICULOUS DOES HE HAVE TO GET before his supporters realize they were taken for a ride."

...he's the Herman Cain of lawyers!

"Alas! I believe in the virtue of birds. And it only takes a feather for me to die laughing."

one does have to wonder

He either belongs in the looney bin or he's been playing them the whole time.

The only thing I wonder about

The only thing I wonder about is who actually hired him. Could be Romney, could be the GOP, could be someone who had a vested interest in the Romney campaign, could be someone who had a vested interest in "Anyone but Paul".