MAJOR ANNOUNCEMENT: Lawyers for Ron Paul Lawsuit NOTE: Having the lawsuit not up 4 debate

SteveT1736 said:
A couple things that may be of interest:

First, this is Judge Carter's calendar today. There is nothing related to this suit: http://court.cacd.uscourts.gov/cacd/MasterCal.nsf/17c28a028ce48ceb882570540053b738/2d60ac8901ff70a688257a5d0060c246/$FILE/0821DOC.pdf

Second, I can't find the action in the 9th Circuit. Usually, an attorney files a notice of appeal, even for a writ, with the district court and then proceeds with the appellate court. I think that may be why Judge Carter reacted the way he did (sheer confusion as to what Gilbert was up to).
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He had to file somewhere, and it must be in the appeal court.. Judges don't write orders based on hear-say , facts only
 
It might have just been the filing deadline not an appearance. I wasn't entirely clear on that, in any event.
 
SteveT1736 said:
A couple things that may be of interest:

First, this is Judge Carter's calendar today. There is nothing related to this suit: http://court.cacd.uscourts.gov/cacd/MasterCal.nsf/17c28a028ce48ceb882570540053b738/2d60ac8901ff70a688257a5d0060c246/$FILE/0821DOC.pdf

Second, I can't find the action in the 9th Circuit. Usually, an attorney files a notice of appeal, even for a writ, with the district court and then proceeds with the appellate court. I think that may be why Judge Carter reacted the way he did (sheer confusion as to what Gilbert was up to).
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There was a footnote in the judge's last order- something to the effect of "notice of appeal was not filed electronically"
 
sailingaway -- Federal court pleading standards are actually more lenient than state court standards. Generally speaking, you have to plead sufficient facts to survive a motion to dismiss. The Supreme Court has heightened them a bit in the past few years (specifying that conclusionary statements don't work). Discovery can yield additional facts but the lawsuit itself can not be for the sole purpose of leading a fishing expedition.

CPUd -- I saw that statement. That is why I searched today. There is nothing on file in PACER with the 9th Circuit from Richard Gilbert for this case. I think he submitted a paper document (although all attorneys are required to electronically file). The Circuit Court Clerk found that there was no notice of appeal and reported the receipt of that document to Judge Carter. As I tried to indicate, I think that was the trigger for the Judge's order yesterday.
 
Mr. Gilbert has posted his pleading that is apparently filed with the 9th Circuit Court of Appeals (though not showing on their docket): https://docs.google.com/file/d/1MXHjnCqb1IyE2uFZWcRsDWbcYmn19hHtEFWdhEuxroe9Ommm5om-Le4AbhgJ/edit?pli=1#

On reading, it is clearly an attempt to overturn decisions by the District Court Judge. Here is a key example: "Plaintiffs / Petitioners are requesting this Appellate Court to reverse the decision of the Trial Court on the ruling on the Motion to Dismiss . . . ."

I am now convinced that the District Court Judge will now dismiss the case and bar a chance to amend. The pleading filed with the District Court last night claims this was not an appeal of the lower court's actions. It absolutely is. The filing was highly misleading and Judge Carter is likely to react harshly to the misrepresentation.

That will leave Gilbert to pursue an appeal before the Court of Appeals. As I've indicated, that will be difficult given that the complaint is on its face inadequate. And, it will likely take (though there is some possibility of expediting) some time, probably months.
 
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SteveT1736 said:
sailingaway -- Federal court pleading standards are actually more lenient than state court standards. Generally speaking, you have to plead sufficient facts to survive a motion to dismiss. The Supreme Court has heightened them a bit in the past few years (specifying that conclusionary statements don't work). Discovery can yield additional facts but the lawsuit itself can not be for the sole purpose of leading a fishing expedition.

CPUd -- I saw that statement. That is why I searched today. There is nothing on file in PACER with the 9th Circuit from Richard Gilbert for this case. I think he submitted a paper document (although all attorneys are required to electronically file). The Circuit Court Clerk found that there was no notice of appeal and reported the receipt of that document to Judge Carter. As I tried to indicate, I think that was the trigger for the Judge's order yesterday.
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Wouldn't that depend on the state, since pleading standards for different states are different? regardless, I'm not pleading on Gilbert's behalf and already said I would have done things differently. What is in court is in court, however.
 
SteveT1736 said:
Mr. Gilbert has posted his pleading that is apparently filed with the 9th Circuit Court of Appeals (though not showing on their docket): https://docs.google.com/file/d/1MXHjnCqb1IyE2uFZWcRsDWbcYmn19hHtEFWdhEuxroe9Ommm5om-Le4AbhgJ/edit?pli=1#

On reading, it is clearly an attempt to overturn decisions by the District Court Judge. Here is a key example: "Plaintiffs / Petitioners are requesting this Appellate Court to reverse the decision of the Trial Court on the ruling on the Motion to Dismiss . . . ."

I am now convinced that the District Court Judge will now dismiss the case and bar a chance to amend. The pleading filed with the District Court last night claims this was not an appeal of the lower court's actions. It absolutely is. The filing was highly misleading and Judge Carter is likely to react harshly to the misrepresentation.

That will leave Gilbert to pursue an appeal before the Court of Appeals. As I've indicated, that will be difficult given that the complaint is on its face inadequate. And, it will likely take (though there is some possibility of expediting) some time, probably months.
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those are your conclusions, let's wait for the judge's conclusions.
 
Margo37 said:
Ran across this a little while ago, not sure helpful

http://libertycrier.com/politics/ron-paul-delegate-lawsuit-in-dire-straits/
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From Richard Gilbert's FB page about 4 hours ago. My apologies if this has already been posted in this thread.

"Here is my Response to The Court Order you have heard about which, as usual, was presented to you out of context by a person who always writes articles against the case. Those of you who follow my posts know I planned this encounter with the Trial Court 2 weeks ago to force a ruling prior to the convention. http://electionfraudremedy.com/PLAINTIFFS_RESPONSE_TO_COURTS_ORDER_TO_SHOW_CAUSE_08-20-2012.pdf"

Perhaps he is referring to the libertycrier article posted above?
 
ChristopherShelley said:
From Richard Gilbert's FB page about 4 hours ago. My apologies if this has already been posted in this thread.

"Here is my Response to The Court Order you have heard about which, as usual, was presented to you out of context by a person who always writes articles against the case. Those of you who follow my posts know I planned this encounter with the Trial Court 2 weeks ago to force a ruling prior to the convention. http://electionfraudremedy.com/PLAINTIFFS_RESPONSE_TO_COURTS_ORDER_TO_SHOW_CAUSE_08-20-2012.pdf"

Perhaps he is referring to the libertycrier article posted above?
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From her blog I only saw two articles in August re this (didn't go further) and never saw any of her writings before this so I can't say. More arguing/interpretations under the Dire Straits article!
I'm not seeing Gilbert's tweets from this AM anymore!

Taking that back, now I see them and he has some new ones.
https://twitter.com/USA_Free_Press
 
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Pepper L. Draper Pepper L. Draper ‏@PepperDraper

@USA_Free_Press As a Plaintiff in the lawsuit,I counted on our delegates to have integrity, now I hear they do not know what courage is.


Pepper L. Draper Pepper L. Draper ‏@PepperDraper

@USA_Free_Press I would love to send a personal video message to them, personally thanking them for making a mockery of our case
 
USA_Patriot_Press ‏@USA_Free_Press

@tweetAmiracle neither positive nor negative. The Judge did not set a court date. 48 hours left. Imay be the only one left with faith.

ANYONE WHO CARES. ANYONE WHO APPRECIATES WHAT RICHARD GILBERT IS TRYING TO DO. PLEASE SEND HIM SOME LOVE!!!!!

Imo, this man took on the world.

He will forever be a hero of mine, whether we win or lose THIS case.

Much love, Mr. Gilbert. Much respect.
 
ChristopherShelley said:
He will forever be a hero of mine, whether we win or lose THIS case
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And thusly, a possible motive for his actions in this case has been identified.

Mr. Gilbert, based on recent tweets, does appear to be losing hope of this all working out in time. It's unclear what his plan is at this point besides just waiting for the judge.
 
The Shazad said:
And thusly, a possible motive for his actions in this case has been identified.

Mr. Gilbert, based on recent tweets, does appear to be losing hope of this all working out in time. It's unclear what his plan is at this point besides just waiting for the judge.
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I don't think there's anything else he can do.

I don't know what the heck happened today. I was hoping to see resolution and all I see is another giant knot I have to unravel in trying to understand what this "deal" is, if it happens, and then hope to God that somehow, and I am speaking for myself here, because this is what I wanted all along, Paul still winds up being inaugurated in January.

I'm sorry, but I WILL NOT accept Romney or Obama.
 
The Shazad said:
And thusly, a possible motive for his actions in this case has been identified.

Mr. Gilbert, based on recent tweets, does appear to be losing hope of this all working out in time. It's unclear what his plan is at this point besides just waiting for the judge.
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From the looks of Mr Gilbert's twitter page,...... it appears the delegates made a deal to vote for Romney in the 11th hour (before verdict on the lawsuit). There are some really pissed off people. If you read the last several hours of his twitter page.... it kind of tells the story. Starting with this one :

USA_Patriot_Press ‏@USA_Free_Press 8 hours ago.

Can we trust our delegates? There can be no party unity with Romney. We cannot negotiate terms of surrender http://politicalticker.blogs.cnn.co...s-set-to-strike-deal-with-rnc/comment-page-1/ …
 
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