You and I share a certain confusion because these reports have been ambiguous, at best. So I will say what I think happened based on these report and what little I know as a non-lawyer about the way the courts work (I must confess, I am married to a lawyer, so know a bit, just not that much).
Dr Taitz filed a default motion because her complaint had not been answered. The court claimed the suit had not been served properly on the defendant. There is no case (any case) if the defendant hasn’t been served properly and timely; the case can be dismissed if that proper and timely service is not effected.
The court yesterday ordered US Attorneys to accept service of process on behalf of the defendant Obama. The defendant now has either 20 or 60 days to file an answer (depending on whether it’s considered a private or governmental suit as I understand it).
Once the answer is filed, it removes the grounds of the default judgment. So, unless they fail to answer, Dr. Taitz will not get the default judgment.
With the answer, the defendant’s attorneys will file a motion to dismiss. That will set off further briefing.
Then the judge will make a determination of whether or not there are grounds for the case to proceed. If he determines that there are grounds to proceed, he will issue a scheduling order, and that would include discovery. If he doesn’t find grounds to proceed, it goes to the Court of Appeals and on from there.
Again, it’s hard to know what really happened unless and until we can see a transcript of yesterday’s hearing. It seems to me the judge in this case was trying to get a contentious case on his docket on track, to get the technicalities about service out of the way, and after an answer is filed and briefing concluded, then look to see if there are or are not grounds to proceed, not that he said there are grounds to proceed.
Pretty good analysis.....
Just thought it was interesting that the Federal Attorneys just happened to be present to be served with the papers, that Orley had tried various methods to achieve.
Why were they there? Had someone invited them? They tried to stand up for Obama...Why would a judge allow that if they had not filed the proper paper work to represent him?...Wouldn’t they be ruled out of order?
So many questions...so few answers.
>Dr Taitz filed a default motion because her complaint had not been answered. The court claimed the suit had not been served properly on the defendant.<
Ahhhh, now see i was under the impression that it was going forward because they had been properly served and she proved that. So therefore the motions to dismiss had lost their timelessness.
I did read that the judge had made the order of service, but that could just be a procedural thing even if she proved service on the 20th.
See she claims that she served him before his inauguration as a private citizen. The judge ordered service through the government, so i was thinking that he was just covering the bases now that zero has been in office and the Justice dept needs to be served because of his status now.
So they are at square one if the service happed only yesterday, because they will make the same motions that have worked up to this point which is no standing. :-(
I really want to see some transcripts to see exactly what was done.
Thank you for enlightening me on what was done yesterday, i was under the impression that she got the default.