Sunday, August 30, 2009

A FAQ Recently - Have We Heard Anything About the Case?

A FAQ Recently - Have We Heard Anything About the Case?

The answer is no we have not. For a summary of where we are legally at with this case in general, and for any possible update comments, one should usually check the link for the Summary of Latest Court Activity in the right frame of this blog. For your convenience the link and today's update comment is repeated here: Summary of Latest Court Activity. Charles Kerchner, Lead Plaintiff.
Case Update 30 Aug 2009: There are currently two motions before Judge Simandle and he is now late in ruling on both. The Defendents' Motion to Dismiss had a return date of 3 Aug 2009 and thus the Judge is 4 weeks late in that ruling. The Plaintiffs' Cross-Motion to grant leave retroactively to the Plaintiffs and allow the 2nd Amended Complaint to stand in the case and not be stricken had a return date of 17 Aug 2009 and thus the Judge is 2 weeks late in that ruling. And according to the federal rule on amending cases the regs say that the Judge should be very liberal in granting such leave. Thus making a decision on the second motion aforementioned should be rather easy for the Judge. But it appears that he is choosing to address them both together and is taking his time in doing it. There is nothing we can do to speed up a Federal Judge. Charles Kerchner, Lead Plaintiff.
POL P&E Efforts Update 30 Aug 2009: Link to latest advertorial-31 Aug 09 in the Washington Times National Weekly, page 9. To learn how you can help us continue this advertising and educational drive please visit: Charles Kerchner, Lead Plaintiff.


James said...

I hope the judge decides to make a decision soon. Let's just hope he doesn't shelve it for the next 2 years. That's happens in some of these cases. I would hate to think that if we eventually win and Obama is found to be ineligible and assuming it goes to SCOTUS, it would be pretty bad if SCOTUS rendered it's decision on January 20, 2013 at 2:00 PM; assuming Obama is not reelected.

Teo Bear said...

It seems that all the cases that were dismissed were dismissed quickly. Since the rules favor you in the amendment it is difficult to think this is what is holding the judge up. So the motion that is giving the judge sleepless nights is the defense's motion to dismiss. If he was just waiting to rule on both then that time has passed.

So my gut is telling me that the judge will deny the notion to dismiss and grant the motion to amend.

However, I wouldn't celebrate too soon as I am sure that the defense will run the full appeals process in order to delay this case from making it to court.

James said...

That is one of the underlying problems with all of these cases, they are civil cases being handled in Civil court. It is apparent that the courts don't consider Obama's daily usurperness a paramont issue. Susquently, the courts may neither dismiss or deny these cases and instead will simply shelve them. This appears to what has happen to Berg's cases. They are shelved and won't be resolved for years. That is one of the reasons like Orly. Orly has been relentless to get this issue heard by the courts and won't settle on shelved cases.

jayjay said...

We're all hoping for a decision (finally) and I like to think that the delay may be a good thing for the Plaintiffs as I read it - possibly - as the judge trying to "gather up" legal sources (and his own courage) for ruling in favor of the Plaintiffs.

I note that most if not all of the pro-defendant rulings were put forth fairly quickly.

At any rate, thanks for the FAQ update as many are wondering why the delay and what's going on (fingers crossed along with toes and eyes).

Unknown said...

I know you have our Country's heart at steak. I beleive you.