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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His twitter has gone silent

Dr. Gilbert must postpone the saving of the planet for a couple days so he can write a complaint. This is part of the plan, it is being executed with surgical precision.

This is good news folks, the judge didn't dismiss the case, IT IS STILL ALIVE THIS MEANS WE HAVE WON!

No ruling yet on Gilberts

No ruling yet on Gilberts non-responsive filing yesterday. Keep your fingers crossed that the judge had an aneurysm and is rendered incapacitated and unable to rule.

j/k Carter! You did all you could to try to help Gilbert save himself and this "lawsuit"!

it's getting close

The judge is *this* close to dismissing the lawsuit with prejudice. He is very visibly annoyed with Richard Gilbert. He told Richard on Monday that he needs to make up his mind and can't refile an amended complaint AND simultaneously appeal to a higher court - he needs to pick one or the other. Richard is trying to use the appeal as a way of forcing the judge to make a decision, but the judge isn't playing games. He'll probably say "fine, appeal it", and send Gilbert packing.

A perrogative writ is not a statutory appeal!

Having read the judge's distortion of the this issue, I have little faith that he will make a fair ruling. Clearly, the judge is hostile to the action and is therefore making things up as he goes along to prejudice the matter. The judge is attempting to make the petition for a writ of mandamus and/or prohibition moot by dismissing the complaint with prejudice therefore making an appeal necessary with the added filing fee and expense involved.

Ah, a Doctor, just like Richard!

The sad thing, Dr., is that Judge Carter is being more than fair to Gilbert. Why don't you read the filings?

☧ INSTINCTV • DIVINITATIS • MENTIS • MAGNITVDINE ☧

Hmmmmm....more delegate

Hmmmmm....more delegate intimidation by Gilbert.....

Real Hope‏@tweetAmiracle@USA_Free_Press Which delegates are selling out?

Real Hope‏@tweetAmiracle@USA_Free_Press
We need a complete list of who they are up on a website.. I will ask #FreedomTeam to contact everyone of them.

9hUSA_Patriot_Press‏@USA_Free_Press@tweetAmiracle
I will attempt to get the names

USA_Patriot_Press‏@USA_Free_P

USA_Patriot_Press‏@USA_Free_Press

Our delegates are selling us out. We must never let them hold public office

And here we go again...

His Twitter feed is like the visual analogue to that never-ending 1981 LP that just plays over, and over, and over again, as the official soundtrack for people spending their eternity's in hell.

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He's certainly not happy that

He's certainly not happy that the delegates have gone off his make believe farm. After all, he did proclaim he had taken over the campaign to save them from all those evil campaign staff who apparently were holding Ron hostage in a closet somewhere while they clandestinely worked for the Mitt Romney campaign.

The delegates have been unwittingly lured once again to the dark side and Captain Dilbert is not happy about that....especially when he was soooooooooooooooooooooooooooooooooooooo close to winning his landmark lawsuit. Foiled again by the evil forces. The justice league (Gilbert and his 100's of invisible Lawyers for Ron Paul staff) must regroup.

USA_Patriot_Press‏@USA_Free_P

USA_Patriot_Press‏@USA_Free_Press - The drama builds - no ruling yet

Appellate Writ

USA_Patriot_Press ‏@USA_Free_Press
Here is the Appellate Writ I filed https://docs.google.com/file/d/1MXHjnCqb1IyE2uFZWcRsDWbcYmn1...

Gilbert tweeted @ 8a.m. this

Gilbert tweeted @ 8a.m. this morn he was due in court at 9 a.m. today and there were going to be fireworks.

USA_Patriot_Press‏@USA_Free_Press

Fireworks in Court at 9 am. We are positioned exactly a planned. High Risk. High Reward

And yet there is nothing on Judge Carters calendar about the case today at all. What's up with that?

http://court.cacd.uscourts.gov/cacd/...LE/0821DOC.pdf

8/21 9AM

That date was tentative. Once the judge saw Gilbert's response http://electionfraudremedy.com/PLAINTIFFS_RESPONSE_TO_COURTS... it was deemed unnecessary to make further arguments, as the judge has now recognized this strategy implemented with laser precision on 3 fronts as the pure brilliance it truly is!

The fact that the judge couldn't even convene a hearing means we have WON the case!

Indeed! If Bobby Fischer

Indeed! If Bobby Fischer were still alive today, he would be awestruck and envious simutaneously, of Gilbert's strategic prowness. The poor Judge never had a chance. Checkmate Carter!

Yeah it's a real shame

With all the talent in Ron Paul's arsenal of Attorney's, not one stepped up 8 months ago to advise and assist delegates who were being abused by the RNC... Just sayin..

They weren't around then

I believe Lawyers for Ron Paul was initiated through WatchTheVote2012 which launched in late 2011. There were a lot of posts on their FB and with proper networking, these lawyers were contacted and accepted their mission. I don't think this culminated until several months later.

My question is where were Ron Paul's actual paid attorneys during that time frame?

Reality check....You or I

Reality check....

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?

http://query.nictusa.com/pres/2012/M7/C00495820/B_PURPOSE_C0...

A tentative court date, hilarious!

Anytime that Gilbert's had to go to the RR Courthouse to file papers, he has regaled the ‘#FreedomTeam’ Twitter-bots about how he was in front of Judge Carter demonstrating his laser-guided oral argument skillz as he manipulated Judge Carter into unwittingly falling right in line with the G-man's ingenious plans; plans which are best analogized as being akin to a game of 7-dimensional Bridge crossed with MadLibs: 'The Lawsuit Edition'.

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Wierd characterization of his

Wierd characterization of his filings indeed. When I read them, it appeared Gilberts strategy was to confuse and irritate the judge so much that Carter was forced to rule in our favor just to get him out of his courtroom before he himself had an aneurysm.

All while simultaneously

inventing space blimps that will gravitationally extract cosmic rays from our atmosphere and save the planet from certain doom?

When was the last time *you* saved the planet from a disaster that you learned about from a youtube posted by a dentist pretending to be a NASA scientist claiming to have secret messages from outer space?

If I didn't care so much about the cause he's doing so much to damage, it would be a lot easier to laugh at all of this stuff.

Yeah!!!

And if HE were here, he'd consume the Neocons with fireballs from his eyes, and bolts of lightning from his arse!!

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

Man, this isn't meant for us mere mortals to understand

But I thought Dr. Gilbert designed the brown-dwarf-star-density, inflatable Buckyball-fiber ships to attract the asteroid. The cosmic cartoon rays are something else entirely, and are not to be trifled with. They are the reason that Gilbert will have to reappear in 2016 … the year we face … the Pole Shift.
You remember “Plan 9 From Outer Space”?
That was Gilbert. Don't be fooled like everyone else into thinking that that riveting story was merely some Hollywood D-Grade movie that was so terrible that it eventually became good. Ed Wood based that movie on then-classified documents he received from the then 8-year old Richard Gilbert.

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If you ever want to read a really good book......

about the pole shit-- a scientific perspective. read "Awakening at Zero Point" by Greg Braden. Greg Braden is a New Ager no doubt, however, he also has a PhD in Geology and as a geologist gives us a really unique viewpoint.

Braden is a crackpot

The Earth is not going to slow down and stop rotating for a day, and then start up again, but spinning in the opposite direction. That ridiculous concept just proves that a former-geologist can attain a Ph.D, yet still have no clue of things like the Laws of Conservation of Energy and Angular Momentum.
The Earth will gradually slow down, but the Universe will end before it stops rotating, even if it were to get locked in asynchronous rotation, like the Moon.

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If you have indeed read the book wonderful, if not......

give it a chance and then draw your conclusions. Not knowing your current status in this resoect, it is impossiblr for me to comment. Good Reading.

That's probably how I knew what he had written in his book

and while Gregg Braden is most definitely a crackpot, it is not like I’m the kind of person who only espouses establishment science and physics, and labels everyone else a “crackpot”.
Dr. Frank Tipler (website), for example (“The Anthropic Cosmological Principle”, “The Physics of Immortality”, and The Structure of the World From Pure Numbers), is often labeled a crank, (e.g. this article in Discover Magazine by Dr. Sean Carroll. For a more neutral treatment, see Part V of the book “Why People Believe Weird Things: Pseudoscience, Superstitions, and Other Confusions of Our Time” (1997) by Stephen Jay Gould).
I, however, cannot agree with those assessments, because the man is a genius of Mathematical Physics, and global General Relativity, and is operating on level of thought which is far beyond his critics, whether I agree with his conclusions or not … I respect the human mind which arrived at them.

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I believe he is doing this out of necessity not because......

he believes this is the best strategy. The Paul campaign did not file this case, it was filed per Private attorney's. This case should have been filed 8 or 9 months ago not 2 months ago. I am pretty sure it is to expedite matters, nothing else.

At some previous points when this case was pending........

several individuals stated we should not be focusing on the Federal case, we should be focused on the RNC rules committee ruling in our favor in Mass., Maine, Oklahoma, etc. I emphasized the importance of the Federal decision for that would be the ONLY option we would have. The RNC is blatantly corrupt throughout. So was I incorrect or am I naive?

This case wasn't about seating the cheated delegates.

The important fight was/is about getting them seated. No one suggested that we should depend on the RNC to be fair and shouldn't try to find other ways to fight them...just that this particular case was very much not the way to do it. This case was about getting a ruling on binding.

Like I said below,

Gilbert is trying to make the court rule before the convention. Now that we know what he is asking, the appeal is procedurally correct and a great move, if your trying to win.

The outcome of the pleadings is another story. I hope the appeals court or the Trial court expedites the trial, that would be awesome. Then it would get interesting.