CASE AGAINST OBAMA NOT DISMISSED; AWAITING “DEFAULT CERTIFICATE”
by Cody Robert Judy, blogging at CodyJudy, ©2014
Before submitting the Motion for Default and the Proposed Order I called the Clerk stating a Certificate of Default was necessary to which I was told by the Clerk that it was up to the Judge so I made a Motion for Default and an Order up and sent them in. Now I have an Order from the Judge saying that its up to the Clerk.
It’s odd working in the same building with multiple Clerks working tirelessly from 8AM to 4PM Monday through Friday for the Judge himself, and other Clerks working in the receiving room that someone didn’t mention something at lunch like “oh yea, did you get the Judy v. Obama Certificate of Default up to Chief Judge Ted Stewart? You know the Defendants were served and didn’t respond to the Court’s Stamped Summons, and its long past the 20 Days that the Court requested an answer or Default by Judgement would be taken against them.”
Well, it’s probably because of the work load! I mean who can keep track of these things, thousands or at least hundreds of cases being filed right? What? What was that, this case is number 93? You mean its September and they haven’t had 100 cases filed this year yet? Let’s see here, between 14 Judges that’s 6.6; let’s round that up and say 7 cases per Judge and it’s the end of the 8th month so, a little less than one case per month per Judge.
That is understandably a mystery. I’m sorry, perhaps I am being a tiny bit facetious, but that’s how I felt when I read that the Chief Justice was going to “leave the determination to the Clerk of the Court in the first instance,” when he could have made a phone call and got the report from the clerk in five minutes.
I actually don’t believe the Judge didn’t make that phone call, or that his personal Clerk didn’t say “Hi” to the Clerks down stairs or some how didn’t talk about it at lunch, on their break, or in passing each other in the halls. That just seems like an impossibility to me especially with those kind of names on the case.
So anyway, today I received from the Presiding Judge Ted Stewart of the United States District Court ((Utah Division)) an August 26th signed MEMORANDUM DECISION AND ORDER OF JUDGEMENT on the Motion For Default and Proposed Order that I submitted to him. If you haven’t read the Motion for Default or the Order you can do that here and I’d recommend that you do and after we can discuss a little bit of what we can determine based on what we have so far. That’s the really fun part of all of this. Hey, if you can’t have any fun with this or maintain a sense of humor, you really are in danger of losing it all. We can talk some serious things, and we can laugh and crack a joke or two at the same time.
Update on Judy v. Obama 1:14-cv-93 filed in the U.S. Court (District of Utah)
1. MOTION FOR DEFAULT W PROPOSED ORDER OF JUDGEMENT
2. ORDER OF DEFAULT JUDGEMENT (PROPOSED)
For anyone wishing to read the U.S. Federal Civil Rights Complaint you may now do so here now as it is public information: Judy v. Obama 2014 U.S. FED Case No. 1:14cv00093
Now that you’ve read it thoroughly and have some idea of what we are talking about, especially the MOTION FOR DEFAULT, you can understand Judge Ted Stewart’s first paragraph in the Memorandum Decision.
“This matter is before the Court on Plaintiff’s Motion for Default Order of Judgement (reference No. 6 docket). In his Motion, Plaintiff asserts that Defendants have been properly served and have failed to appear or otherwise defend within the time allotted by the Federal Rules of Civil Procedure. On this basis, Plaintiff seeks a default judgement that includes an award of $141 million in damages.”
Can’t you just see the Judge looking at his Clerk and very slowly saying, “One hundred forty one million dollars – That’s a lot of cash to dismiss in a Motion to Dismiss Default Judgement if it was granted. Whew!”
Before I get too far in to this report, let me just clarify a few basics just in case a few of you decided you didn’t want to read the Complaint, the Motion For Default and the Proposed Order. This case actually does something unprecedented in political history! You have probably never thought that a political contribution was an investment that could actually increase in your whole life.
Can’t you just see all the contributors of former Gov. Mitt Romney, Sen. John McCain,Sen. Hillary Clinton’s and former Senator Barack Obama’s 2012 presidential campaign scratching their heads right now trying to even comprehend how a political contribution could increase, let’s say, a hundred-fold. That’s where a $25 dollar contribution is refunded as $2500 because the contribution was given with a certain expectation of the ‘rules of the race’ and having the rules changed and not being notified of the change before the race started actually caused an inconvenience that needed to be reimbursed because of basically fraudulent circumstances?
Well, that’s what I’ve actually proposed in this lawsuit that I would do to with every person that actually contributed to my campaign because we didn’t know that the “natural born Citizen” qualification had been canceled in the U.S. Constitution by Republicans and Democrats presidential candidates in U.S. Senate Res. 511 where Sen. Hillary Clinton, Sen. Barack Obama and Sen. John McCain all made a deal that it would be changed and every U.S. Senator not apart of that voted for it.
Of course I wasn’t there and neither was America or the 300 million Citizens of the U.S. to see the change that a non-binding U.S. Senate resolution had on an Article II of the Constitution that defines the rules and qualifications of the race for President so we just need to get our money back and some damages for not informing us that the U.S. Constitution had been changed, because if we had known it was changed we certainly wouldn’t have run the races or contributed our hard earned money.
Can you imagine Mitt Romney doing that? Telling all of his contributors, “Hey you guys deserve a refund and some damages because the rules got changed and I wasn’t in on it”? Well, that’s kind of what I’ve said and I think its fair especially when we have a standard and there are rules. So we basically just get a refund and Obama stays in the Office of the President. Of course that is unless Congress catches wind that a refund has been given to all the contributors based on a breach of the Constitution. Then of course, Congress is free to act as they will given the circumstances.
Those contributing to my campaign I’m sure will be very happy about their refund coming, while there probably will be a few people who contributed to rich Mitt Romney who are still less then satisfied. Oh, so it goes. I mean you certainly get a choice at who your going to support. Can you imagine the disappointment of those who gave to all four McCain, Romney twice, Hillary Clinton, and Obama? They will probably be really disappointed. That’s like betting on every horse on the race except the one that won or did some good for you! Who says you have to win the race in order to win on principle? Who says ‘principle doesn’t pay off?’
Okay, back to the Judge’s second paragraph-
“Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party against whom a judgement for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” Then, “[i]f the plaintiff’s claim is for a sum certain… the clerk- on Plaintiff’s request, with an affidavit showing the amount due-must enter judgement for that amount and cost against a defendant who has been defaulted.” (reference Fed R. Civ.P 55 (b)(1). However, where, as here, the judgement sought is not for a sum certain, or for a sum that can be made certain, “the party must apply to the court for a default judgement.” (reference 3 Id. 55(b)(2).”
That’s kind-of a mouthful, but I guess what it means is I need to submit an Affidavit to the Clerk, even though a signed Motion and an Order in my mind is kind-of the same thing- an affidavit is sworn to and has a specific amount.
“Plaintiff has applied to the Court for a default judgement. However, Plaintiff has not yet received a default certificate as required by Rule 55 (a). Until Plaintiff receives a default certificate from the Clerk of Court, the Court cannot reach the merits of Plaintiff’s Motion for Default Order of Judgement. For this reason, the Court will deny Plaintiff’s Motion without prejudice. In so doing, the Court does not reach the merits of Plaintiff’s claim of proper service or entitlement to a default certificate. Rather, it will leave that determination to the Clerk of Court in the first instance.”
“Based on the foregoing, it is hereby ORDERED that Plaintiff’s Motion for Default Order of Judgement (Docket No.6) is DENIED WITHOUT PREJUDICE. DATED this 26th day of August, 2014. (Signed by) U.S. District Judge Ted Stewart”
You know I have to say I think that was very nice of Judge Ted Stewart, I really do. You know when I opened the envelope up I thought here we go, another “DISMISSAL in your face you don’t know what the word frivolous means do you? YOU MUST BE STUPID STUPID STUPID”, type of an ORDER. I don’t feel that way at all with this Order. I think it was very concise and I didn’t feel STUPID STUPID STUPID, even though and I’m sure he knows, I could easily qualify for that kind of insult legally speaking with years of inexperience rather then the years of experience he has.
You know I’m never offended with intelligence and quality and I’ve got a pretty good eye at recognizing quality. Yes, even in my ex-wifes. I sure didn’t marry them because they weren’t quality women. I never thought to myself, ” I wonder why I married her?”. I knew why I did, and never regretted it with all three.
So now let’s briefly discuss what Judge Stewart didn’t do, that he actually could have. If for instance he had DISMISSED the Motion with PREJUDICE or DISMISSED THE COMPLAINT as frivolous that would be the end..good night..turn off the lights. You don’t bother the Courts again with this. That’s it. He did’nt do that and I love him because he didn’t do that and he could have.
There is nothing that means more to my heart then ‘good judgement’. Its for me like admiring a supreme performance by a reining horse that spins like a top and slides 60 feet on a lose reign with just a few cues from the rider. That to someone else might be like admiring a really rare piece of art and understanding the artist, the history, and value of a favorite collection, or how about a mother who tries to explain the beauty of her sleeping child as her heart swells with joy this child brings her?
I know it sounds strange, but losing a race the best that you can is every bit as important as winning with your best effort. If you give it all you got and lose, it’s okay to walk away. When I think about all the “likes” I’ve got on Facebook from the general public people who don’t even know me, and their sharing what I’ve written I am so humbled and filled with gratitude. Its just amazing. When ever I’ve received a contribution in the mail or on line from my web site I’ve remembered to thank God for that and treated it just as honorably as the widow’s mite Jesus pointed out was so valuable.
Well, that’s all the news I have to report today for those you following this case and interested in it. Thanks for sharing and caring.., You really do mean the world to me and I thank you.
Cody Robert Judy
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