Blogger Patrick McKinnion has been doing the thankless job of keeping track of happenings in the universe of Obama birth certificate obsessives. One of those events is the intra-birther lawsuit of Philip Berg v. Orly Taitz. Since WorldNetDaily won't tell you about the goings-on in Taitz-land these days, we are forced to rely on McKinnion.
There were some filings in the lawsuit due earlier this week. We'll let McKinnion take it from here:
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.
Ouch. No wonder WorldNetDaily seems to have decided that Andy Martin is a more trustworthy obsessive than Taitz.