Birther Soldier’s Newest Lawsuit: Dismissed

By
Thursday, July 23, 2009 at 1:51 pm

Elaine Silvestrini reports that Maj. Stefan F. Cook’s request for a Florida court to force Simtech into giving him his old job back has been dismissed, because (surprise!) lawyer Orly Taitz filed it incorrectly.

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Comments

18 Comments

strangely_enough
Comment posted July 23, 2009 @ 6:14 pm

Hey, wasn't this in “Disorder in the Court?” The Stooges, too, were always good for laugh.


KM
Comment posted July 23, 2009 @ 6:43 pm

Actually, the article you link to says Cook incorrectly filed it on his own:

Cook has been represented by California attorney Orly Taitz, who maintains a blog encouraging military personnel to file similar actions, fighting their deployment on the grounds that Obama was not born in the United States. However, he filed his Tampa motion without an attorney.


Jim
Comment posted July 23, 2009 @ 6:45 pm

Actually, I was thinking more in the lines of “Night Court”, a comedy of errors. The only person the Major should be suing is his lawyer, for incompetence and misrepresentation. But, I guess he needs to figure it out the hard way…best of luck to him, he'll need it when they take away his commission and retirement as well as losing his job.


JohnC
Comment posted July 23, 2009 @ 6:47 pm

The order itself says that Cook was pro se – i.e. he was representing himself. That means if Ms. Taitz is providing services to Mr. Cook, she is essentially advising him, not representing him. And you can see how good her advice is.


neilends
Comment posted July 23, 2009 @ 7:27 pm

I looked at the actual motion. It was signed by Taitz and clearly written by a (barely competent) lawyer. The judge may have declared it a pro se pleading because she still hasn't been admitted pro hac vice.


disbar_the_birfoon_lawyers
Comment posted July 23, 2009 @ 7:45 pm

It is entirely possible that Orly does not know the meaning of pro se! We ARE talking about Orly here, remember. Just saying…


JohnC
Comment posted July 23, 2009 @ 8:02 pm

I doubt that's true. Because Taitz is admitted to practice law in the Central District of California, she doesn't need any special motion to represent a client in the Middle District of Florida. Here's the relevant provision from the local rules of the Middle District of Florida:

“Any attorney who is not a resident of Florida but who is a member in good standing of the bar of any District Court of the United States; outside Florida; may appear specially as
counsel of record; without formal or general admission; provided, however, such privilege is not abused by appearances in separate cases to such a degree as to constitute the maintenance of a regular practice of law in Florida; and provided further that whenever appearing as counsel by filing any pleading or paper in any case pending in this Court, a non-resident attorney shall file within ten (10) days a written designation and consent-to-act on the part of some member of the bar of this Court, resident in Florida, upon whom all notices and papers may be served and who will be responsible for the progress of the case, including the trial in default of the non-resident attorney.”

She can certainly represent Cook if she wants to, but for whatever reason, she isn't.


asiliveandbreathe
Comment posted July 23, 2009 @ 11:44 pm

John, Taitz was NOT in good standing. Therefore Cook appeared with Fla attorney Inger M. Garcia -Armstrong.


JohnC
Comment posted July 24, 2009 @ 12:11 am

Do you mean not in good standing in the Central District of California? I couldn't find that on the district's website.


Pug
Comment posted July 24, 2009 @ 1:45 am

So it appears Orly was talented enough to get Mr. Cook fired, but couldn't get his job back. That is some fine legal representation.


JohnC
Comment posted July 24, 2009 @ 1:54 am

But at least Mr. Cook can get two free dental checkups, and maybe a quickie foreclosure deal on the cheap.


Tuci78
Comment posted July 24, 2009 @ 3:19 am

Yet more legalistic Kabuki theater proceduralism. His motion was not dismissed “with prejudice,” meaning that he can simply file again, trying this time to meet the baroque demands of the shysterate.

Anyone reminded of the story of The 27 Ronin? How their daimyo had been tricked by a clever courtier into some sort of ritual gaffe and thereby forced to commit seppuku, whereupon the loyal ex-retainers had managed to “go underground” long enough to quell the culprit's suspicions before moving in and slaughtering him….

Of course, per bakufu law, they then had to follow their former lord into hara-kiri. The Army of these United States has no such custom. Major Cook can keep on coming back as needed to enable his employer to re-engage his services without fear of our Mombasa Messiah's wrath.


Tuci78
Comment posted July 24, 2009 @ 3:23 am

Oops! That's The 47 Ronin.

“There's something wrong with our bloody ships today. Steer closer to the enemy.”


euphgeek
Comment posted July 24, 2009 @ 6:04 am

I sure hope Orly Taitz is proud of abandoning her family while she goes around the country tilting at windmills.


AcaciaJules
Comment posted July 24, 2009 @ 8:37 am

When are they going to charge these idiots with sedition???? I mean, it's practically TEXTBOOK!

se?di?tion
??/s??d???n/ Show Spelled Pronunciation [si-dish-uhn] Show IPA
Use sedition in a Sentence
–noun
1. incitement of discontent or rebellion against a government.
2. any action, esp. in speech or writing, promoting such discontent or rebellion.
3. Archaic. rebellious disorder.
Origin:
1325–75; < L s?diti?n- (s. of s?diti?), equiv. to s?d- se- + -iti?n- a going (it(us), ptp. of ?re to go + -i?n- -ion ); r. ME sedicioun < AF < L, as above

Synonyms:
1. insurrection, mutiny. See treason.

(dictionary.reference.com)


True Patriot
Comment posted July 27, 2009 @ 7:54 am

This is a great new video about the birth certificate issue. Everyone concerned about this issue NEEDS to watch it ASAP!

http://www.youtube.com/watch?v=coCDRfh0AWg


blogmafia
Comment posted September 2, 2011 @ 5:45 pm

Thank you. Fine issues.I have added to your favorites


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