In the inter-birther fight that is Liberi v Taitz, et al, responses were due from the defendants. Per court rules, all responses were to be filed electronically.
Dr. Orly’s Husband, Yosef Taitz, hired a proper lawyer and was dismissed from the case.
Sasquatch slayer Ed Hale, his wife, and their businesses, acting pro se, were to reply by 27 May. They filed a motion to dismiss.
Neal Sankey and one of his firms, acting pro se, was due on 27 May. He filed a response to dismiss. However, he didn’t file for ANOTHER one of his firms.
Linda Starr, acting pro se, was due on 27 May. She filed a response to dismiss or move the case to Texas.
Dr. Orly was due 26 May. Remember the orders were to file electronically? Instead, she FedExed her response. (Tracking number 869611986189) Sent on Saturday the 23rd, the start of a three day weekend.
And she sent it DIRECTLY to Philip Berg’s offices. NOT to the court.
Let me restate this. She sent it to the lead attorney for the plaintiffs, rather than the court. She sent it hard copy via FedEx, rather than filed electronically as the court requires. And it arrived on 27 May, the day AFTER it was due.
And her “response” was simply an 18 page rehash of her claims against Lisa Liberi. BAD move in a libel case.
Result? Berg filed a request for default on the Sankey Firm and on Dr. Orly.
And, well, I’ll let PACER answer for me……
05/27/2009 27 Request for Default Judgment Entry, Request for Entry of Default; Declaration of Philip J. Berg, Esquire in support thereof; Certificate of Service and Proposed Entry of Default Order GO EXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M. OSTELLA against ORLY TAITZ, DEFEND OUR FREEDOMS FOUNDATIONS, INC.. (BERG, PHILIP) Modified on 5/28/2009 (nd). (Entered: 05/27/2009)05/27/2009 28 Request for Default Judgment Entry, Request for Entry of Default, Declaration of Philip J. Berg, Esquire in Support thereof; Certificate of Service; and Proposed Entry of Default Order LISA LIBERI against THE SANKEY FIRM. (BERG, PHILIP) Modified on 5/28/2009 (nd, ). (Entered: 05/27/2009)
05/27/2009 DEFAULT BY ORLY TAITZ, DEFEND OUR FREEDOMS FOUNDATIONS, INC., THE SANKEY FIRM FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (gn, ) (Entered: 05/28/2009)
05/27/2009 Default Entered (gn, ) (Entered: 05/28/2009)
Dr. Orly (and the Sankey Firm) now have an entry of default instead of a response. Which means that the clerk or the court can rule against them by default and that Berg wins, again though default. Dr Orly and a represenative from the Sankey Firm would have to show in court and argue why they should not have a default judgement leveled against them. Neal Sankey actually could argue that he filed for himself and one of his aka’s, so he has a chance.
But Dr. Orly?? She didn’t file the required response with the court, didn’t file it electronically, and didn’t conform to the rules of the court in her response.
It’s still a bit early to judge, but Dr. Orly has taken the lead for the title of Worst Birther Lawyer Ever. And Berg may have just broken his losing streak, though against Dr. Orly that’s like a cockroach winning against a weevil. Or Tweedledum winning against Tweedledumber. Yosef Taitz might want to start to make sure the family assets are made safe against his wife’s stupidity and sheer insanity.…