Orly is once again showing that she doesn't have the faintest clue about litigating in federal court. Every federal case is assigned, immediately on filing, to both a District Judge and a Magistrate Judge. If you look at any document in this case, it will have on it the case number, which is SACV09-00082-DOC (Anx). The "DOC" means the case is assigned to District Judge David O. Carter, and the "Anx" means it was assigned to Magistrate Judge Arthur Nakazato ("x" being the code for "magistrate").
Under the Federal Rules of Civil Procedure, which Orly has apparently never read, District Judges decide "dispositive motions" (motions to dismiss and motions for summary judgment), but Magistrate Judges decide discovery motions. Orly's motion was one for discovery, so it was required to go to Magistrate Judge Nakazato.
Orly's failure to understand the most basic rules of federal practice show that she is a professional embarassment. Her claim that this is some sort of plot against her shows that she is paranoid.
While this sounds a little excessive on Orly’s part I have been involved in many lawsuits and have seen things in court that are from another planet.
I have also seen attorneys snooker the other side with sheer skill. I have seen attorneys do things to the other side that they did not realize until it was too late to object. If I understand this correctly, Orly is making sure she to tell the judges she does not want any part of arbitration and she is making it emphatically known sonot opposing attorney can slip something in that will damage the trial.
Before we endict her as a total embarassment and idiot, I know of no other attorney on the planet who has gotten this far on this issue. I know of no other attorney on the planet who has the courage to risk life and everything else to go to the mat on this issue.
To all the naysayers and experts out there, I dare you to do better than she has. Her accomplishments are extraordinary.