Barnett v Obama Order Docket

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(ANx), DISCOVERY, MANADR UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division Santa Ana) CIVIL DOCKET FOR CASE #: 8:09cv00082DOCAN Captain Pamela Barnett, et al v. Barack Hussein Obama, et al Assigned to: Judge David O. Carter Referred to: Magistrate Judge Arthur Nakazato Cause: 28:1331 Fed. Question Date Filed: 01/20/2009 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question Plaintiff Ambassador Alan Keyes PhD represented by Orly Taitz Orly Taitz Law Offices 26302 La Paz, Ste 211 Mission Viejo , CA 92691 9496835411 Email: [email protected]  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Plaintiff Wiley S Drake represented by Orly Taitz (See above for address)  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Gary G Kreep United States Justice Foundation 932 D Street, Suite 3 Ramona , CA 92065 7607886624 Email: [email protected]  ATTORNEY TO BE NOTICED Plaintiff Captain Pamela Barnett represented by Orly Taitz (See above for address)  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Plaintiff Lieutenant Colonel Richard Norton Bauerbach represented by Orly Taitz (See above for address)  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Plaintiff Captain Robin D Biron represented by Orly Taitz (See above for address)  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Plaintiff Colonel John D Blair represented by Orly Taitz (See above for address)  LEAD ATTORNEY  ATTORNEY TO BE NOTICED Plaintiff Case: 8:09-cv-00082-DOC-AN As of: 09/11/2009 08:07 PM PDT 1 of 13

Transcript of Barnett v Obama Order Docket

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Mr David L Bosley represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Ms Loretta G Bosley represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Captain Harry G Butler represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Representative Glenn CasadaTennessee

represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Jennifer Leah Clark represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Representative Timothy Comerford New Hampshire

represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Charles Crusemire represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Representative Cynthia Davis Missouri

represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Chief Warrant Office Thomas SDavidson

represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Matthew Michael Edwards represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

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Plaintiff 

Major David Grant Mosby represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

MSGT Steven Kay Neuenschwander represented by Orly Taitz

(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

State Representative Frank NiceleyTennessee

represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Retired Senator Jerry ONeil

 Montana

represented by Orly Taitz

(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

SFC E7 Robert Lee Perry represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Colonel Harry Riley represented by Orly Taitz

(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Markham Robinson represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Gary G Kreep(See above for address) ATTORNEY TO BE NOTICED

Plaintiff 

Sergeant Jeffrey Wayne Rosner represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

MSGT Jeffrey Schwilk represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

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Captain David Smithey represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Lieutenant Commander John BruceSteidel

represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Commander Douglas EarlStoeppelwerth

represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Thomas J Taylor represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Representative Eric SwaffordTennessee

represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Captain Neil B Turner represented by Orly Taitz(See above for address) LEAD ATTORNEY 

 ATTORNEY TO BE NOTICED

Plaintiff 

Richard E Venable represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

LCDR Jeff Graham Winthrope represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Plaintiff 

Lieutenant Colonel Mark Wriggle represented by Orly Taitz(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

V.

Defendant

Barack Hussein Obama represented by David A DeJuteSAUSA − Office of US Attorney300 North Los Angeles Street Room 7516

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Los Angeles , CA 90012213−894−2574Fax: 213−894−7819Email: [email protected] LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Roger E WestAUSA − Office of US Attorney

Civil Division − Federal Building300 North Los Angeles Street Suite 7516Los Angeles , CA 90012213−894−2461Fax: 213−894−7819Email: [email protected] LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Defendant

Condoleeza Ricein her capacity as Secretary of StateTERMINATED: 07/15/2009

Defendant

Robert Muellerin his capacity as Director of the Federal Bureau of InvestigationTERMINATED: 07/15/2009

Defendant

Michael W Hagerin his capacity as Acting Director, Officeof Personnel Management TERMINATED: 07/15/2009

Defendant

Michelle LR Obama represented by David A DeJute(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Roger E West(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Defendant

Hillary Rodham ClintonSecretary of State

represented by David A DeJute(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Roger E West(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Defendant

Robert M GatesSecretary of Defense

represented by David A DeJute(See above for address)

 LEAD ATTORNEY 

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 ATTORNEY TO BE NOTICED

Roger E West(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Defendant

Joseph R Biden

Vice−President and President of theSenate

represented by David A DeJute

(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Roger E West(See above for address) LEAD ATTORNEY  ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/20/2009 1 COMPLAINT against Defendants Robert Mueller, Michael W Hager,Barack H Obama and Condoleeza Rice.(Filing fee $ 350). Filed byPlaintiffs Alan Keyes PhD, Wiley S Drake and MarkhamRobinson.(lwag) (lwag). (Entered: 01/23/2009)

01/20/2009 60 DAY Summons Issued re Complaint − (Discovery) 1 as toDefendants Robert Mueller, Michael W Hager, Barack H Obama andCondoleeza Rice. (lwag) (Entered: 01/23/2009)

01/20/2009 2 CERTIFICATE of Interested Parties filed by Plaintiffs Alan KeyesPhD, Wiley S Drake and Markham Robinson. (lwag) (lwag). (Entered:01/23/2009)

01/20/2009 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(lwag)(lwag). (Entered: 01/23/2009)

05/12/2009 4 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION byJudge David O. Carter. Response to Order to Show Cause due by5/29/2009. (smi) (Entered: 05/13/2009)

05/18/2009 5 PROOF OF SERVICE Executed by plaintiffs upon Barack H Obamaserved on 2/10/2009, answer due 3/2/2009. The Summons andComplaint were served by substituted service, by not indicated statute,upon mail clerk at Department of Justice. Due Dilligence declarationnone. Original Summons not returned. (twdb) (Entered: 05/19/2009)

05/27/2009 6 MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE REDISMISSAL FOR LACK OF PROSECUTION held before JudgeDavid O. Carter. The Court, on its own motion, hereby ORDERSPlaintiff, to show cause in writing no later than June 12, 2009 why this

action should not be dismissed for lack of prosecution. See order fordetails. (smi) (Entered: 05/27/2009)

05/27/2009 7 First REQUEST for Clerk to Enter Default against defendant Barack H Obama filed by filer−plaitiff Alan Keyes PhD. (Attachments: # 1Affidavit Affidavit of process server)(Taitz, Orly) (Entered:05/27/2009)

06/01/2009 8 NOTICE OF DEFICIENCY Re: First REQUEST for Clerk to EnterDefault against defendant Barack H Obama 7 . The Clerk cannot enterthe requested relief as statute in which process was served not cited;name of deft does not exactly match name on complaint. (rla)(Entered: 06/01/2009)

06/02/2009 9 Amendment to First REQUEST for Clerk to Enter Default against

defendant Barack H Obama 7 filed by Plaintiff Alan Keyes PhD.

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(Taitz, Orly) (Entered: 06/02/2009)

06/02/2009 10 Amendment to First REQUEST for Clerk to Enter Default againstdefendant Barack H Obama 7 filed by Plaintiff Alan Keyes PhD.(Attachments: # 1 Affidavit Amended affidavit of the processserver)(Taitz, Orly) (Entered: 06/02/2009)

06/10/2009 11 NOTICE OF CLERICAL ERROR: Due to clerical error the followingdocket entry has been corrected as indicated below: The proof of service filed 5 /18/09 answer due deadline should be 4/11/09. Re:

Service of Summons and Complaint Returned Executed (60 days) 5(twdb) (Entered: 06/10/2009)

06/10/2009 12 NOTICE OF DEFICIENCY Re: The Clerk cannot enter the requestedrelief as Proof of Service is lacking required information. Pleasereivew Federal Rules regarding service. (ade) (Entered: 06/10/2009)

06/11/2009 13 NOTICE OF MOTION AND Renewed MOTION for Reconsiderationof Entry of Default , Renewed MOTION to Correct Notice of Deficiency of Proof of Service, Final Motion for Entry of Defaultagainst DefendantBarack H Obama filed by Plaintiff Alan Keyes PhD.(Taitz, Orly) (Entered: 06/11/2009)

06/12/2009 14 MINUTES (IN CHAMBERS) ORDER Extending Order to Show

Cause, and Finding as Moot Plaintiffs' Motion for Clarification 13 byJudge David O. Carter. In light of plaintiffs' efforts, the Order to ShowCause is extended until 07/13/2009 to permit plaintiffs addirtionaltime to properly effect service pursuant to FRCivP4(i) as to alldefendants. In addition, Plaintiffs' motion is rendered MOOT due tothe Court's extension of the Order to Show Cause. (See order forfurther details) (db) (Entered: 06/12/2009)

06/14/2009 15 NOTICE OF MOTION AND MOTION for Reconsideration,MOTION for Entry of Judgment pursuant to Rule 54(b) filed byplaintiff Alan Keyes PhD. (Taitz, Orly) (Entered: 06/14/2009)

06/22/2009 16 MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter:SETTING HEARING ON MOTION: Before the Court is a Motion by

Plaintiffs for Reconsideration of Order to Show Cause or in theAlternative to Certify Question for Appeal. Court sets this matter forhearing on July 13, 2009 at 8:30a.m. in Courtroom 9D. Plaintiffs aredirected to make every effort possible to ensure that all remainingdefendants are aware of the hearing and provide documentation thatthe individual receiving service is authorized to accept on defendants'behalf. (rla) (Entered: 06/22/2009)

07/05/2009 17 OF SERVICE filed by plaintiff Alan Keyes PhD, served on 06.28.09..(Attachments: # 1 Affidavit, # 2 Affidavit)(Taitz, Orly) (Entered:07/05/2009)

07/07/2009 18 STATEMENT OF INTEREST (DeJute, David) (Entered: 07/07/2009)

07/08/2009 19 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Title page is missingRE: Proof of Service (subsequent documents) 17 . In response to thisnotice the court may order (1) an amended or correct document to befiled (2) the document stricken or (3) take other action as the courtdeems appropriate. (rrp) (Entered: 07/08/2009)

07/11/2009 20 OF SERVICE filed by plaintiff Alan Keyes PhD, Barack H. Obama,aka Barack Hussein Obama, aka Barry Soetoro served on 06.29.09..(Attachments: # 1 Affidavit)(Taitz, Orly) (Entered: 07/11/2009)

07/13/2009 21 NOTICE OF MOTION AND MOTION for Default Judgment againstDefendant Barack H. Obama, aka Barack Hussein Obama,II, a/k/aBarack H. Obama,II, a/k/a Barry Obama, a/k/a Barry Soetoro filed byplaintiff Alan Keyes PhD. (Attachments: # 1 Exhibit Exhibit A, # 2Exhibit Exhibit B, # 3 Appendix Appendix to Exhibit B)(Taitz, Orly)

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(Entered: 07/13/2009)

07/13/2009 24 MINUTES OF Motion Hearing held before Judge David O. Carter:RE: MOTION for Reconsideration of Order to Show Cause or in theAlternative to Certify Question for Appeal 15 : Counsel are excused tomeet and confer regarding service of Complaint. Counsel return andadvised the Court of their agreement to a means of proper serviceupon President Barack Obama. Court directs plaintiffs to immediatelyeffect service of the Complaint upon a person authorized to accept

service at the United States Attorneys Office as to the remainingdefendant. Court Reporter: Debbie Gale. (rla) (Entered: 07/17/2009)

07/15/2009 22 FIRST AMENDED COMPLAINT filed by Plaintiff Alan Keyes PhD.(Taitz, Orly) (Additional attachment(s) added on 8/24/2009: # 1Summons Issued) (lwag). (Entered: 07/15/2009)

07/15/2009 23 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter:FINDING MOTION FOR RECONSIDERATION AS MOOT 15 :Counts Two and Three of the Original Complaint, as well as allDefendants besides President Obama, are HEREBY VOLUNTARILYDISMISSED. The Clerk shall serve this minute order on all parties tothe action. (rla) (Entered: 07/16/2009)

07/16/2009 25 MINUTES ( IN CHAMBERS) : ORDER held before Judge David O.

Carter re: First Amended Complaint 22 . Plaintiffs are ORDERED toproperly serve the First Amended Complaint on or before August 16,2009 and file Proof of Service of such on or before August 23, 2009.(dg) (Entered: 07/17/2009)

07/17/2009 26 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Hearing information ismissing, incorrect, or not timely RE: MOTION for Default Judgment21 . In response to this notice the court may order (1) an amended orcorrect document to be filed (2) the document stricken or (3) takeother action as the court deems appropriate. (twdb) (Entered:07/17/2009)

07/30/2009 27 PROOF OF SERVICE Executed by Plaintiff Alan Keyes PhD,

uponJoseph R Biden served on 7 /15/2009, answer due 9/13/2009. TheSummons and Complaint were served by registered California Processserver, by Federal statute. Service accepted by Flabia De La Rosa onbehalf of Thomas O'Brien, US Atty. Original Summons not returned.(Attachments: # 1 Appendix, # 2 Appendix)(Taitz, Orly) (Entered:07/30/2009)

07/30/2009 28 PROOF OF SERVICE Executed by Plaintiff Alan Keyes PhD,uponUNITED STATES OF AMERICA served on 7/15/2009, answerdue 9/13/2009. The Summons and Complaint were served byregistered California process server, by Federal statute. Serviceaccepted by Flabia De La Rosa on behalf of Thomas O'Brien, US atty.Original Summons not returned. (Taitz, Orly) (Entered: 07/30/2009)

07/30/2009 29 PROOF OF SERVICE Executed The Summons and Complaint wereserved by registered California process server, by Federal statute.Service accepted by Flabia De La Rosa on behalf of Thomas O'BrienUS attorney. Original Summons not returned. (Taitz, Orly) (Entered:07/30/2009)

07/30/2009 30 PROOF OF SERVICE Executed by Plaintiff Alan Keyes PhD,uponMichelle LR Obama served on 7/15/2009, answer due 9/13/2009.The Summons and Complaint were served by registered CaliforniaProcess server, by Federal statute. Service accepted by Flabia de laRosa on behalf of Thomas O'Brien, US atty. Original Summons notreturned. (Taitz, Orly) (Entered: 07/30/2009)

07/30/2009 31 PROOF OF SERVICE Executed by Plaintiff Alan Keyes PhD,

uponHillary Rodham Clinton served on 7/15/2009, answer due

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9/13/2009. The Summons and Complaint were served by registeredCalifornia process server, by Federal statute. Service accepted byFlabia De La Rosa on behalf of Thomas O'Brien, US atty. OriginalSummons not returned. (Taitz, Orly) (Entered: 07/30/2009)

07/30/2009 32 PROOF OF SERVICE Executed by Plaintiff Alan Keyes PhD,uponRobert M Gates served on 7/15/2009, answer due 9/13/2009. TheSummons and Complaint were served by registered California processserver, by Federal statute. Service accepted by Flabia De La Rosa on

behalf of Thomas O'Brien US atty. Original Summons not returned.(Taitz, Orly) (Entered: 07/30/2009)

08/01/2009 33 NOTICE OF DISMISSAL filed by Plaintiff Markham Robinson,Wiley S Drake pursuant to FRCP 41a(1) as to all defendants. (Taitz,Orly) (Entered: 08/01/2009)

08/01/2009 34 NOTICE OF MOTION AND MOTION to Expedite authentication,MOTION for Issuance of Letters Rogatory for authenticity of Kenyanbirth certificate filed by Plaintiff Alan Keyes PhD. (Attachments: # 1Appendix Photocopy of Obama's birth certificate from Kenya)(Taitz,Orly) (Entered: 08/01/2009)

08/06/2009 35 ORDER by Magistrate Judge Arthur Nakazato: the documents listedbelow were improperly filed for the following reasons: Lacks proper

notice; improper form and format; counsel failed to identify her Cal.State Bar No.; description of motion conflicts or differs from thatwhich counsel entered on Court's e−docket; therefore, the followingdocument(s) shall be stricken from the record and shall not beconsidered by the Court: MOTION to Expedite authenticationMOTION for Issuance of Letters Rogatory for authenticity of Kenyanbirth certificate 34 . (rla) (Entered: 08/06/2009)

08/07/2009 36 NOTICE of Change of Attorney Information for attorney Roger EWest counsel for Defendants Michelle LR Obama, Hillary RodhamClinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama,Interested Party UNITED STATES OF AMERICA. Changing e−mailto [email protected]. Adding Roger E. West as attorney ascounsel of record for Defendants for the reason indicated in the G−06Notice. Filed by Defendants Barack H. Obama, et al. (West, Roger)(Entered: 08/07/2009)

08/18/2009 37 DECLINED STATEMENT OF CONSENT TO PROCEED before theassigned Magistrate Judge filed by plaintiff Alan Keyes PhD. (Taitz,Orly) (Entered: 08/18/2009)

08/19/2009 38 NOTICE NOTICE OF MANUAL FILING filed by plaintiff MarkhamRobinson, Wiley S Drake. (Kreep, Gary) (Entered: 08/19/2009)

08/19/2009 39 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Incorrect eventselected, correct event is Review and Incorrect category selected,correct category is Motion RE: Consent to Proceed (CV−11C)

DECLINED before US Magistrate Judge MJ Pilot 37 . In response tothis notice the court may order (1) an amended or correct document tobe filed (2) the document stricken or (3) take other action as the courtdeems appropriate. (rrp) (Entered: 08/19/2009)

08/19/2009 40 NOTICE OF FAILURE BY PLAINTIFFS TO PROPERLY EFFECTSERVICE OF PROCESS; DECLARATIONS OF DAVID A.DeJUTE AND FLABIA DE LA ROSA filed by Defendants MichelleLR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph RBiden, Barack Hussein Obama, UNITED STATES OF AMERICA.(Attachments: # 1 Exhibit 1−5)(West, Roger) (Entered: 08/19/2009)

08/20/2009 41 opposition to magistrate filed by Plaintiffs Clint Grimes, JulliettIreland, D Andrew Johnson, Israel D Jones, Timothy Jones, David

Fullmer LaRoque, Gail Lightfoot, Lita M Lott, David Grant Mosby,

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Steven Kay Neuenschwander, Frank Niceley, Jerry ONeil, Robert LeePerry, Harry Riley, Markham Robinson, Jeffrey Wayne Rosner,Jeffrey Schwilk, David Smithey, John Bruce Steidel, Douglas EarlStoeppelwerth, Thomas J Taylor, Eric Swafford, Neil B Turner,Richard E Venable, Jeff Graham Winthrope, Mark Wriggle, AlanKeyes PhD, Wiley S Drake, Pamela Barnett, Richard NortonBauerbach, Robin D Biron, John D Blair, David L Bosley, Loretta GBosley, Harry G Butler, Glenn Casada, Jennifer Leah Clark, TimothyComerford, Charles Crusemire, Cynthia Davis, Thomas S Davidson,

Matthew Michael Edwards, Jason Freese, Kurt C Fuqua (Taitz, Orly)(Entered: 08/20/2009)

08/20/2009 42 REFERRAL OF MOTION to Disqualify Magistrate Judge ArthurNakazatohas been filed. Pursuant to GO 08.05 and Local Rule 72−5MOTION for Review 37 is referred to Judge David O. Carter fordetermination. (jal) (Entered: 08/20/2009)

08/20/2009 43 Amendment to MOTION to Expedite authentication MOTION forIssuance of Letters Rogatory for authenticity of Kenyan birthcertificate 34 filed by Plaintiff Alan Keyes PhD. (Taitz, Orly)(Entered: 08/20/2009)

08/21/2009 44 MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter:ORDER SETTING SEPTEMBER 8, 2009 HEARING ONMOTIONS:(See document for details.) In summary, the Court sets for hearing at8:00 a.m. on September 8, 2009, (1) the Discovery Motion, (2) theService Notice, and (3) the Ex Parte Application. All parties areordered to be present. The Clerk shall serve this minute order on allparties to the action. (rla) (Entered: 08/21/2009)

08/24/2009 45 EX PARTE APPLICATION to Vacate Plaintiffs' Voluntary Dismsisalfiled by plaintiff Markham Robinson, Wiley S Drake. (Attachments: #1 Supplement Memo of Points and Authorities, # 2 DeclarationDeclaration of Markham Robinson, # 3 Declaration Declaration of Wiley S. Drake, # 4 Declaration Declaration of Elliot Wilson, # 5Exhibit Exhibit 1 − Wiley Substitution, # 6 Exhibit Exhibit 2 −Markham Substitution, # 7 Exhibit Letter from Dr. Taitz, # 8 Exhibit

Notice of Dismissal, # 9 Proposed Order Proposed Order Granting ExParte Application)(Kreep, Gary) (Entered: 08/24/2009)

08/24/2009 60 DAY Summons Issued re First Amended Complaint − (Discovery)22 as to Defendants Michelle LR Obama, Hillary Rodham Clinton,Robert M Gates, Joseph R Biden and Barack Hussein Obama. (lwag)(Entered: 08/24/2009)

08/26/2009 46 PROOF OF SERVICE Executed 08.25.09. The Summons andComplaint were served by process server, by Federal statute. Serviceaccepted by Patricia Myles, civil process clerk for US attorneys onbehalf of all defendants. Original Summons was returned. (Taitz,Orly) (Entered: 08/26/2009)

08/26/2009 47 DECLARATION of Gary G. Kreep in support of EX PARTEAPPLICATION to Vacate Plaintiffs' Voluntary Dismsisal 45 filed byPlaintiffs Markham Robinson, Wiley S Drake. (Kreep, Gary)(Entered: 08/26/2009)

08/27/2009 48 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Local Rule 7−19.1Notice to other parties of ex parte application lacking RE: EX PARTEAPPLICATION to Vacate 45 . In response to this notice the court mayorder (1) an amended or correct document to be filed (2) the documentstricken or (3) take other action as the court deems appropriate. (twdb)(Entered: 08/27/2009)

08/27/2009 49 CERTIFICATE OF SERVICE filed by plaintiff Markham Robinson,Wiley S Drake, re EX PARTE APPLICATION to Vacate Plaintiffs' 

Voluntary Dismsisal 45 served on August 27, 2009. (Kreep, Gary)

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(Entered: 08/27/2009)

08/27/2009 50 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Title page is missingRE: Declaration (Motion related) 47 . In response to this notice thecourt may order (1) an amended or correct document to be filed (2) thedocument stricken or (3) take other action as the court deemsappropriate. (rrp) (Entered: 08/27/2009)

08/28/2009 51 DECLARATION of Gary G. Kreep in support of EX PARTE

APPLICATION to Vacate Plaintiffs' Voluntary Dismsisal 45 filed byPlaintiffs Markham Robinson, Wiley S Drake. (Kreep, Gary)(Entered: 08/28/2009)

08/31/2009 52 NOTICE TO FILER OF DEFICIENCIES in Electronically FiledDocuments. The following error(s) was found: Title page is missingRE: Proof of Service (subsequent documents) 49 . In response to thisnotice the court may order (1) an amended or correct document to befiled (2) the document stricken or (3) take other action as the courtdeems appropriate. (twdb) (Entered: 09/01/2009)

09/01/2009 53 OF SERVICE filed by plaintiff Markham Robinson, Wiley S Drake,re EX PARTE APPLICATION to Vacate Plaintiffs' Voluntary Dismsisal 45 served on 8/27/2009. (Kreep, Gary) (Entered:

09/01/2009)

09/02/2009 54 CERTIFICATE OF SERVICE filed by plaintiff Markham Robinson,Wiley S Drak e, re EX PARTE APPLICATION to Vacate Plaintiffs' Voluntary Dismsisal 45 served on September 2, 2009. (Kreep, Gary)(Entered: 09/02/2009)

09/04/2009 55 NOTICE Declaration regarding Kenian Hospital Birth Certificate of Barack Obama filed by plaintiff Alan Keyes PhD. (Attachments: # 1Declaration Declaration regarding Kenian Hospital Birth Certificate, #2 Appendix Kenian Hospital Birth Certificate for Barack Obama)(Taitz, Orly) (Entered: 09/04/2009)

09/04/2009 56 NOTICE OF MOTION AND MOTION to Dismiss Case ; AND

 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Defendants Michelle LR Obama, HillaryRodham Clinton, Robert M Gates, Joseph R Biden, Barack HusseinObama, UNITED STATES OF AMERICA. Motion set for hearing on10/5/2009 at 08:30 AM before Judge David O. Carter. (Attachments:# 1 Exhibit 1 and 2)(West, Roger) (Entered: 09/04/2009)

09/08/2009 57 ORDER SETTING SCHEDULING CONFERENCE FOR 10/5/2009at 8:30 AM before Judge David O. Carter. (rrp) (Entered: 09/08/2009)

09/08/2009 58 ORDER by Judge David O. Carter DENYING PLAINTIFFSMOTION FOR MODIFICATION OF MAGISTRATE JUDGENAKAZATOS AUGUST 6, 2009 ORDER AND DENYINGPLAINTIFFS MOTION TO RECUSE MAGISTRATE JUDGE

NAKAZATO; GRANTING EX PARTE APPLICATION FORORDER VACATING VOLUNTARY DISMISSAL. Plaintiffs Motionto Modify the Magistrate Judges August 6, 2009 Order and Motion toRecuse the Magistrate Judge 37 is DENIED. Plaintiffs Robinson andDrakes Ex Parte Application for Order Vacating Voluntary Dismissal45 is hereby GRANTED. (kh) (Entered: 09/08/2009)

09/10/2009 59 MINUTES OF IN CHAMBERS ORDER Referring Motion toMagistrate Judge held before Judge David O. Carter. Court ordersFirst Amended Motion for Issuance of Letters Rogatory and Initiationof Discovery,filed by plaintiffs on August 20, 2009 referred toassigned Magistrate Judge Arthur Nakazato. Accordingly, the noticedhearing date of September 14, 2009 at 8:30 a.m. before this Court isvacated. (db) (Entered: 09/10/2009)

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09/10/2009 60 EX PARTE APPLICATION for Order for LIMITED STAY OFDISCOVERY ; M  EMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants Michelle LR Obama,Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(West, Roger) (Entered: 09/10/2009)

09/11/2009 61 MEMORANDUM in Opposition TO PLAINTIFFS' FIRST  AMENDED MOTION FOR ISSUANCE OF LETTERS ROGATORY  AND INITIATION OF DISCOVERY filed by Defendants Michelle LR

Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden,Barack Hussein Obama, Interested Party UNITED STATES OFAMERICA. (West, Roger) (Entered: 09/11/2009)

09/11/2009 62 NOTICE of Appearance filed by attorney Gary G Kreep on behalf of Plaintiffs Markham Robinson, Wiley S Drake (Kreep, Gary) (Entered:09/11/2009)

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