UPDATE: Richard Gilbert deals (another) devastating blow to delegate case!
Submitted by Britons4Paul on Tue, 08/21/2012 - 05:21UPDATE:
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.
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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
Is it just me,
but it seems the Delegates now believe they are unbound. Even Palin's crew agrees that Delegates are unbound.
I guess we have won popular opinion on this subject. So the Delegates will vote their conscience. Not good for Romney. Now let the RNC try and reverse that.
No it's not just you
but there are still some stubborn fools here that will never believe it. I suspect a couple are panicking Romney supporters because nobody could be that stupid. On second thought...
November 6th 2012 I voted for Dr.Ron Paul
"We must remember, elections are short-term efforts. Revolutions are long-term projects." ~ Ron Paul
There are doxens and dozens of very competent.....
Lawyers whom have Federal Trial Litigation experience and several of them have also gone before Judge Carter. These guys are brainstormig (60 brains collaborating together on one specific subject we are more apt to receive the correct, judicially proper court documentation which we will be able to carry with us to Tampa. I know Gilbert's desire is to definitively assure that each and every National Delegate recieves in his hand prior to departing for Tampa, a hard copy of the Federal Court(s) Order (Injunction),also including the declatory Writ related to the appeal vis a vis the Appellate Court. I assume the confusion will continue until the first day of the Convention. I believe by then, this mess will be straightened out per the L4RP. I may be a minority, however, I have the utmost confidence in these men and women whom took it upon themeselves to litigate on behalf of Dr. Paul and his campaign who have done essentially nothing whatsoever for the delegates in the last 9 or 10 months. The L4RP initiated the Federal Injunction Lawsuit using their own personal time, money, resources, time away from family, and so on. This is truly (if one truly looks into their hearts and truly views this for what it has become) a sad state affairs related to Dr. Paul's Campaign over the last 10 months. Like everyone else, I have no idea what is truthfully unfolding within the Ron Paul's Campaign itself, however, a great deal of what was once the free flow of information has devolved into what has now become more clandestine in nature. In Closing. I continue to have put all of my eggs into the L4RP basket. Thus far, I have yet to recieve any even minor blows yet alone major perhaps a knockout blow, a devastating shot. So I will patiently await for the first day of the Convention in Tampa.
Ah, I see …
So, perhaps the relationship between the demonstrable incompetance in the handling of every aspect of this case *and* the number of attorneys working on it, is nonlinear. Sort of like the relationship between an object's strength and it's mass (e.g. if a human was 12 ft. tall, they would not be twice as strong as someone 6 ft. tall, and also is why a small animal may carry 2x-3x its own weight on its back, but a horse could not carry the weight of another horse, etc).
In other words, as we reach the theoretical limit of 500 pro-bono lawyers, we get an exponentially increasing amount of abject idiocy, thrown-in for free, essentially.
So, is that what's going on? Interesting ... you dear soul, are a true believer, and I have the utmost confidence that your faith in the Ls4RP will be rewarded with lunacy and jaw-dropping stupidity many, many times over!
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False.
None of these people are litigating on Dr. Paul's behalf or with his permission.
Eric Hoffer
http://gplus.to/jamesrmoore
I fully realize the L4RP did not initiate this federal.........
Injunction Lawsuit per Dr. Paul's request, they initiated it because the Campaign failed to do it 9 or 10 nonths ago when it initially should hace been started but was not for whatever reason. So then with approximatelly sixty days until the National Convention was to begin, a group of Ron Paul supporting private attorney(s) took it upon themselves, the L4RP, to initiate this most important Federal Lawsuit. So if you want to get lexacologically specific, true, the L4RP did not file the case on Ron Pauls behalf per se, however, they did file the case on behalf of the National Delegates whom chose to become plaintiffs. But in the end Dr. Paul's Campaign-- Dr. Paul himself undoubtedly benefit from the final outcome of the Federal Order. As it stands today, it appears the Federal Court Injunction Order has reaffirmed already existing legal decisions by Jennifer Sheehan, Legal Council for the RNC in 2008, but more importantly Judge Carter upheld existing Federal election law already in the United States Code. And with the Appeal all but null and void at this point. We now should have the courage to aggressively move forward like a true Revolution.
Uhmm, what the hell are you talking about?
If you want to lexicologically specific, pray-tell, why do you keep using “attorneys”, as in plural, when there are no other attorneys, but Dr. Gilbert?
Second, how exactly does anyone, let alone the RP campaign, benefit, from having the good doctor's name associated with such idiotic foolishness?
Judge Carter didn't even get to the point of upholding anything, as the case didn't even get to the Dscovery phase.
As it stands today, the case will be dismissed … with prejudice, there will be no Federal Court Injunction Order. Are you being told otherwise?
Has Gilbert informed you that if the case is deemed to be frivolous (which case can easily be made), then Plaintiffs are liable to pay the defendant's court/legal costs?
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Lexacology- the study of words/dictionary
Your sarcasm can be cut with a knife. Wait until the first day of the convention and see what plays out. I've been visiting the daily Paul for almost 5 years and have seen individuals with a taste for smart ass sarcasm come and go. So what I can say in closing is as follows: Please, Chill Out.
I'm chillin’ like a villian, bud
—Why are you giving me the definition of lexicology?
(which, you misspelt, naturally)
—I can see how long you have been here by the color of your comment.
—I did not just get here either, my friend...
—You cannot make untrue, outlandish statements, and then expect to be taken seriously.
Since it is unlikely that you will suddenly “man-up”, and admit that you were either mistaken or lying, I will take your refusal to answer the simple questions which you were asked, to be a tacit admission of an attempt at deliberate deception, sadly typical of the way in which the Lawyer
sFor The Embarrassment of Ron Paul operates.☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧
My one response is as follows
Whatever you believe is true and everything else is absolute bullshit. It must feel wonderful to be that individual who knows all. For he cannot be debated
. what does one say to the man who literally knows everything about every subject matter?
I suppose that is for you to figure out,
as I have never spoken to one who knows everything about everything, which are attributes reserved for Ο Θεός
Anyhow, it is perhaps the case that your one response says more about you, than to the man to which it was directed.
If I were saying something misleading, I would certainly expect to be called out for it, because I do not like falsities. There is nothing to take umbrage about, unless you were trying to intentionally mislead, because facts are just that … facts. Meaning, one doesn't have to “believe it to be true”, the only option is whether or not to accept it — i.e. to use the old clichéd (but true) adage: “denial” is not a river in Egypt.
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And someone has the nerve to
And someone has the nerve to say that L4RP has submitted an open letter to the RNC: http://www.dailypaul.com/comment/2684037
Or, perhaps I am reading the signatures wrong?
Please clarify.
I put a link to that letter, last night, in a comment above.
Please clarify your comment and/or question if there was one.
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The DP OP says: "Lawyers for
The DP OP says:
"Lawyers for Ron Paul have submitted an Open Letter to the RNC, Chair Preibus, Mitt Romney and his campaign. Have you read it yet? Wow!"
So I looked at the signature and at the letterhead to see if that was true. I cannot find where L4RP is the initiator. One of the signers, but not the initiator, unless I am missing something.
Oh, I see what you're saying.
The signatories to the letter are the L4RP plus a few groupies.
----
We the People Network – L4RP Exec Committee is comprised of the same people as this Facebook “group”, or whatever it is that they "do" exactly.
Patriot Coalition – no clue.
Guardians for Liberty – ditto.
Delegates of Alaska Dedicated to Ethical Leadership – plaintiffs
Watch the Vote — Dr. K Research, L4RP
AZ Concerned Delegates for Fair RNC Elections — plaintiffs
Occupy Rigged Elections — not even sure what this means.
Tools for Justice — L4RP
The 1000+ regional, state, and national Republican delegates who are members of ToolsForJustice and support the National Delegates Caselawsuit project at www.electionfraudremedy.com — people who signed up @Tools For Justice website.
The Heartland Patriots — no clue.
Kelly Z. Mordecai — no clue.
New Mexicans for Liberty — either actual, recién nacidos mexicanos (newborn Mexican infants) or the NM delegate plaintiffs
The Jeenyus Corner — some West Virginian sounding feller wita compooter who had Dr. Gilbert on his podcast.
Richard Gilbert — the Lawyer in L4RP.
David Callihan — guy who runs Tools For Justice and hence, Election Fraud Remedy.
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You know more than I do :) I
You know more than I do :) I just saw all those groups and just saw Gilbert's name toward the bottom of the signers.
Dozens and dozens of lawyers?
Other than RG, who are you talking about?
"You decide." -- Judge Napolitano http://youtu.be/D5J84fWqEK0
Do you think Gilbert is the only attorney working on this case?
First of all the name of the organization is Lawyer (S)for Ron Paul, not Lawyer. And if you've bothered to listen to any of the PodCasts or You-Tube Videos when the L4RP are guest speakers on various internet talk shows, you would here the other attorney(s) on board and not to mention, I've personally heard them mention the numerous voolunteera they have working with them-- all Liberty Loving patriots working as Crusaders while knowing without reservation what we are facing, what we are up against. A Powerful Beast, Unforgiving and with the Demonic Wherewithall which may in truth equal that of the Arch-Angel Michael or perhaps even lucifer himself.
One cannot even comment on this thread anymore without.....
being shot to hell. when I first came to this forum back in early 2007, it was a time of logical well thoughtout discussions, politically and otherwise, but now, you are essentially assaulted no matter what your comment or response is. It has gotten to the point of being absolutely ridiculous. I am seriously debating on just permenently departing. I'm sure there are a few (who truly DO NOT EVEN KNOW me whom would be happy if I never return. In closing, things here at the DP Forum have changed significantlly from the first days of the forum, and I can truly say not for the better, the discussions have unfortunately taken a degradading turn for the worse. Michael, I can only hope and pray things turn around for you quickly for the sake of a long and prosperous journey... Yours in Liberty-- SableArms (Bob)
What is your issue?
You wish to be able to make asinine, false statements, and to not be corrected, nor asked kindly to clarify, essentially, is what you are saying.
Perhaps everyone should be as free as baby birds, singing whatever song their little hearts desire, without being made to feel defensive, by having to worry about falling out of the sky into a pit of saltwater crocodiles, constantly snapping about such inconsequential abstract rubbish, like “truth”, or “integrity”?
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For the love of god.
I can't take it anymore. Goodbye cruel world. ***Shoots self in head....thud***
“This case marks the 17th time in the past 4 days”
“that law enforcment officers have been called to the scene of an apparently self-inflicted gunshot wound to the head. There is no known connection among the victims, although certain similarities in the circumstances surrounding the shootings have homicide detectives admittedly baffled.
According to sources, CNN has learned that in every case, when officers have arrived on scene, a search of the victims' web browser histories has revealed that the exact same webpage was viewed minutes prior to the shots being fired. We are not, at this time, publically revealing what the URL of that page is, until detectives can figure out what it is about the page, which apparently causes normal, well-adjusted human beings, to become suicidally-depressed, gun-wielding killers.
Back to you, Chris.”
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Thanks much
for all of the comic relief. You are helping the rest of us, just wish I had the ability to return the favor!
; )
.
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hahahaha Reading the "Liars
hahahaha
Reading the "Liars for Ron Paul" case for the past 2 months is enough to make me consider taking the chance of shooting myself in the head for the possiblity that there might just be intelligent life in the afterlife.
Nah, the world needs smart people like yourself.
(thankless though the job may be)
NOTE: reading both the L4RP case and Dr. Gilbert's Twitter feed, does have a detrimental effect on brain neurons, however, and violates the law of self-preservation.
But for something really interesting, learn about the wonders of
Quantum Suicide Theory
Here's an article (1/2 way down page):
Would you lay your life on the line for a theory? Marcus Chown meets a man who is thinking about it.
Physics Forums
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Well geez....they got some
Well geez....they got some stiff entrenched competition if they want to attempt to corner that market.
Criticism
"The QS/QI fallacies can lead to nothing less than a postmodern fanatical religious cult, complete with promises of immortality, suicides (perhaps by willing suicide bombers), and murder."
Uhhh
Yeah, I do. Because if there were another lawyer involved, he would've beaten Gilbert with a stack of procedures at some point or another.
Volunteers are not attorneys. Paralegals are not attorneys. Youtubers are not attorneys.
This case is a farce and an embarrassment to us all. Gilbert didn't even DONATE to Paul's campaign. He's just trying to get some exposure and hose Romney. The man is a complete idiot with a terrible record.
PLEASE DO RESEARCH BEFORE TALKING.
Eric Hoffer
http://gplus.to/jamesrmoore
They did call it LawyerS for Ron Paul
but is that your only evidence that there's more than one (much less "dozens and dozens" as you claimed)?
I've heard other *people* mentioned, but having their names mentioned by a lawyer doesn't make them lawyers.
"You decide." -- Judge Napolitano http://youtu.be/D5J84fWqEK0
Name one other lawyer.
A friendly $500.00 says you cannot.
Hence, Lawyer
sFor Ron Paul...Also, just for my own curiosity, and if you don't mind, what are your answers to this brief questionnaire?
The Earth was created how many years ago?
Snakes can talk.
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