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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Now, why couldn't he have written the court

document with this kind of clarity, not the verbose and rambling subjectivity he used in filing the court motion. What are the chances that crook Priebus will actually read it?

Gilbert & Co. just sent this to Crime Boss Romney

Open Letter to Reince Priebus and Mitt Romney, et al.

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

BUT It Is Signed

...by some very prestigious sites like "tools for justice" and "election fraud remedy" which ought to carry some weight with the GOP.

fonta

Not to mention WtPN, which as you know, has

“20 million billion trillion members galaxy-wide!”

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Historic!!

...definitely a historic letter. Perhaps he can read it at P.A.U.L Fest and get some patty-cakes.

fonta

Good - he's back to what he does best

He has been a fish out of water in Judge Carter's courtroom. Now he no longer has a judge to keep smacking him down. He can use his obsessive Twitter following he has developed to get his message out. AND, it will make him feel like someone is actually paying attention to him.

I wonder how many of the removed/unseated

delegates in this "compromise" were listed in the lawsuit.

Can we PLEASE get a new lawyer already?

It's obvious that Gilbert is fumbling and about to drop the ball. Can we get a competent lawyer who has experience in these matters to either take over or at least provide assistance to Mr. Gilbert?

We must have lawyers here reading these forums. SOMEONE please step up if you can handle this or know someone who can.

I fear that we have a great case with tons of evidence, but we're going to lose because Richard Gilbert can't get things filed properly!

Gilbert doesn't want

Gilbert doesn't want assistance from a competent lawyer. It should be obvious by now...to anyone watching this case closely...that he NEVER intended to win this case. This has been a psyop from the very beginning.

Then what?

So do we currently have ANY competent lawyers bringing up the various documented instances of fraud around the country, or has everyone just given up right before Tampa?

***Then what***Personally I

***Then what***

Personally I am going to celebrate our victories for awhile. What RP, the campaign, and his supporters have accomplished has been nothing short of a miracle at this point.

It's time to stop looking at this like some sort of reality game show thinking we lost because we didn't win the American Idol award this season. This is the Titanic we are turning around...not a dinghy that sprung a leak.

After I am done celebrating our victories, then it's time to reflect and learn from our mistakes and get back down to business. And as far as this particular thread topic goes....it's time to learn that we are surrounded and infested with the oppositions "pretend supporters" who are here to do us harm. Gilbert was and is one of many. This isn't a new phenom invented to stop Ron Paul....this is an art form that has been used frequently by those who want to maintain power for thousands of years! Co-opting/infiltrating/destroying from with-in legitimate revolutions/uprisings is STANDARD OPERATING PROCEDURE for these people.

It's just time people in this movement start vetting VERY CLOSELY those trying to become leaders of the movement and "offering help". Time to stop being so gullible and become savvy of the weapons used against us.

Time to identify and stop listening to the controlled opposition.

We haven't lost anything yet. Rand Paul 2016.

Close scrutiny of strangers who arrive bearing gifts,

and informing the public of the results of said scrutiny will get you banned with NO warning around here.
I've even heard that if the person does a banner job of it, that some MOD will even start to sift through some of their (now closed-up) comments and delete them, so as to preclude the cognitive dissonance that other users may experience if they were to question why the author of all these +10 comments was banned.

Ignoring the very real possibility that such a MOD suffers from a strangely localized form of twin graphemic 'G'<=>'M' substitution dysgraphia (dyscravia). This disorder has only ever been found in those who operate or administer internet forums, and has even led to some of the afflicted developing Cosmic Narcissistic Personality Disorder (CNPD), due to the fact that whenever they glance at their job title, the [G,M]-dyscravia causes them to see “GOD” instead of “MOD”.

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Thanks for the warning

Same thing happens at RPF's...hence the reason I'm hanging around here these days. Outing cointel is not an acceptable practice. They are free to infiltrate and scam the members as long as they don't insult other members.

It's a freakin criminal paradise over there. Mods wouldn't know a cointel/scam job if they hit them over the head with a 2x4.

Lol

sailingaway even came over here because some idiot @RPF told her that since the non-lawsuit loving SteveT1736 is obviously named "Steve", and since we have a non-lawsuit loving “Steve” (Dickson) here, that they must be the same person.
People who walk around with such faulty mental-machinery make ideal fodder for those who are jaded and devious.

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

She's been working hard for

She's been working hard for weeks now to compile the vote fraud evidence that the judge requested to help Gilbert and tweeting him the threads it was compiled in. Never mind Gilbert ignored her totally. She thought Gilbert would be grateful for the help....lol. She STILL refuses to believe this whole thing was psyops and Gilbert just chose a different strategy.....ya know...one that precluded any semblence of actual evidence of wrongdoing. It was embarassing to watch her cheerlead this thing the whole time and shut down the opposition on the forums. Her picture should be posted under "useful idiot" in the urban dictionary.

Wait

You didn't get the memo? They only let one guy in the world be Steve now.

Eric Hoffer

Uh..wait, but I thought that Ste–

Okay, you are correct, my bad. I found the memo, it was stuck underneath of my subscription renewal notice for “Monster Trucks” magazine .

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

maybe Lawyers for Steves can file a lawsuit

on behalf of all Steves, and threaten any Steves who don't join in or think it's a bad idea. And then when anyone points out that the lawsuit is not going very well, just come back with "maybe, but we've got to support our Steves - what are YOU doing to help our Steves?". That seems to stifle all dissent over there.

I'm Going 2 Set-up

...some intertwined websites like CountheSteves.com, Watchthe Steves.com and IdentityFraudRemedy.com.(inspired by the Steves, of course).

Then there is always S.T.E.V.E.S Fest. Endless possibilities. Thanks!

***Chocolate Twitzers too. The kind that makes Steves mouths happy***

fonta

Don't forget the Twitter

Don't forget the Twitter feed. Steve Twits will need to be twittered several times a day.

@USA_Steve_Press

.

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Grab it. We shall waste no

Grab it. We shall waste no time waxing eloquently to all the adoring fans.

great fonta!

But don't forget “Steves For Justice” (or “Tools For Steve”)

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Tools 4 Steves Is the BEST

...but remember to "s" your Steves always, Leonardo. It is important.

Can't be contested. We will have a plurality in all states of all Steves.

fonta

but Eric Hoffer said there's only 1x Steve

Oh — you mean it's like the L4RP! Where even though there is only one lawyer, we use “lawyers”.
So if only one person can be Steve, we say “Steves”.
Got it!

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

No Leonardo, Focus

...this case is on behalf of "all" Steves using the same brilliant strategy as L4RP. It's just licensing...really lucrative marketing ventures entwined like a mini-me-big boy-type octopus financial enterprise.

Only one lawyer will ever be required. It's lots of Steves that are needed and we will feret them out. Arduous, tedious, but do-able.

(Shazad proposed a Lawyer4Steves ... I could see possibilities in that.) LOL.

fonta

“Nobody lays one finger on one of our Steves…”

“…and politically survives”

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Been A Lot of Gift Bearing Lately

...for just $4 a month, if you sign up now, you can get legal protection from just about anything. And, now we have an inside track on a lawyer4 and an institute4.

fonta

I posted this yesterday

I posted this yesterday (below) and during Doug Weads facebook event last night he spoke of RP's lawyers dealing with the delegate situation. It WAS being dealt with. People might not like the results but they sure got better results than Gilbert. RP has competant lawyers already. We do not need to bring in a new lawyer. They did what they could do.
***************************************************
You or I would have no idea of what Ron Pauls lawyers were doing about the delegate situation. Most lawyers (with the exception of Captain Gilbert) do not start websites and twitter feeds with hour by hour updates of insane proclaimations. They deal, in private, through correspondance and meetings with other lawyers. This isn't some reality TV show. Just because the campaign didn't make a public spectacle of themselves to let you know how they were handling the situation, does not mean they weren't.

The campaign spent $46,821.22 in legal fees in July alone. Do you have any idea what the lawyers were doing for that 47k?

Given the fact this court is operating under admiralty law

it should have been presented privately (without discretion) and not publicly by a freaking attorney. You can walk it in (certified) privately provided it was presented by a private man / woman. If it had been done in this respect with indemnity and some facts ( defaulted affidavit) it cruises through....

Just one last kick in the nuts, then a final deathblow