1 UNITED STATES JUSTICE FOUNDATION

GARY G. KREEP; SBN 066482

2 932 "D" Street, SUite 2
(Email: usjf~usjf.net}
3 Ramona.< California 92065
Tel: (76\)) 788-6624
4 Fax: (760) 788-6414

5
Attorney for Plaintiffs, Markham Robinson
6 and Wiley S. Drake
7

8
UNITED STATES DISTRICT COURT
9
FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
SANTA ANA (SOUTHERN) DIVISION
11

12 ) CIVIL ACTION NO:

CAPTAIN PAMELA BARNETT,
et aI., ) SACV09-00082-DOC (Anx)
13

14
Plaintiffs, ) EX PARTE APPLICATION FOR
) ORDER VACATING VOLUNTARY
15
vs. ~ DISMISSAL; PROPOSED ORDER
BARACK HUSSEIN OBAMA, et )
16
aI., )
17 )
Defendants )
18 )
------------)
19

20 EX PARTE APPLICATION FOR ORDER VACATING THE VOLUNTARY

21 DISMISSAL OF PLAINTIFFS MARKHAM ROBINSON AND WILEY S.
22 DRAKE
23 Plaintiffs Markham Robinson and Dr. Wiley S. Drake (hereinafter referred to
24 as "PLAINTIFFS"), through their attorney, Gary G. Kreep, hereby respecfully submit
25 this ex parte application to the Court for an order vacating the Notice of Voluntary
26 Dismissal without Prejudice (hereinafter referred to as "NOTICE") that was filed by
27 Dr. Orly Taitz on August 1, 2009 on the following grounds:
28 (1) Prior to filing NOTICE, Dr. Orly Taitz refused to sign PLAINTIFFS'

EX PARTE APPLICATION FOR ORDER VACATING VOLUNTARY DISMISSAL

 1 Requests for Substitution of Attorney, which were mailed to her office on
2 July 24, 2009 (See Exhibits "1" and "2", copies of which are attached hereto
3 and made a part thereof).
4 (2) PLAINTIFFS were not notified of Dr. Taitz's plan to file NOTICE on
5 their behalf (See Declarations of Markham Robinson and Dr. Wiley S.
6 Drake, submitted herewith).
7 (3) PLAINTIFFS did not consent to being dismissed from the case, and they
8 intended to remain as plaintiffs in the matter (See Declarations of Markham
9 Robinson and Dr. Wiley S. Drake).
10 This motion is made ex parte because there is a risk that PLAINTIFFS'
11 interests might be prejudiced and irreparably hanned if PLAINTIFFS are not able to
12 remain in the case with their preferred counsel as their representative. Prior to the
13 filing of this motion, PLAINTIFFS were both named as plaintiffs and then unilaterally
14 dismissed by Dr. Taitz without their knowledge or consent. Since PLAINTIFFS and
15 their rights will be directly affected by the resolution of this case, an ex parte
16 application is necessary in order to ensure that PLAINTIFFS can promptly and
17 effectively protect their rights as the case moves forward. Furthermore, there is no
18 risk that the opposing parties in this case will be prejudiced by the granting of the
19 order ex parte since the application deals only with the PLAINTIFFS' participation as
20 plaintiffs in this case, a status which they had prior to the above-discussed action of
21 Dr. Taitz.
22 II
23 II
24 II
25 II
26 II
27 II
28 II

EX PARTE APPLICATION FOR ORDER VACATING VOLUNTARY DISMISSAL

 1 This application is based on the attached memorandum of points and
2 authorities, and the attached declarations of Markham Robinson, Dr. Wiley S.
3 Drake, and Elliot Wilson.
4

5 Respectfully submitted,
6 Dated: August 19, 2009
7

8 GAR G. EP
Attorney or Markham obinson and
9 Dr. Wiley S. Drake
10

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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 l. INTRODUCTION
3 The initial complaint in this matter was filed by Dr. Taitz on January 20, 2009.
4 Dr. Taitz included the names of Mr. Robinson and Dr. Drake as plaintiffs in the
5 complaint, with neither Mr. Robinson's nor Dr. Drake's knowledge or consent. On
6 or before July 13,2009, PLAINTIFFS decided that they would remain as plaintiffs in
7 the present case, but that they preferred to be represented by Mr. Kreep (See
8 Declarations of Markham Robinson and Dr. Wiley S. Drake). On July 20,2009,
9 pursuant to PLAINTIFFS' requests, Mr. Kreep prepared a Request for Approval of
10 Substitution of Attorney and an Order on Request for Approval of Substitution of
11 Attorney for both Mr. Robinson and Dr. Drake (See Exhibits "1" and "2"). Upon
12 receiving PLAINTIFFS' signed documents, on July 24, 2009, Mr. Kreep signed the
13 documents and had his law clerk, Elliot Wilson, mail them, via overnight mail, to Dr.
14 Taitz for her signature (See Declaration of Elliot Wilson, submitted herewith). On
15 July 30, 2009, Dr. Taitz sent an email to PLAINTIFFS and informed them that she
16 was refusing to comply with PLAINTIFFS' request for her to sign the Request for
17 Approval of Substitution of Attorney (See Exhibit u3", a copy of which is attached
18 hereto and made a part thereof). On August 1,2009, Dr. Taitz, without PLAINTIFI,S'
19 knowledge or consent, filed NOTICE with the Court (See Exhibit "4", a copy of
20 which is attached hereto and made a part thereof). NOTICE does not contain the
21 signature of Dr. Taitz (See Exhibit "4").
22 In NOTICE, Dr. Taitz alleges that PLAINTIFFS "submit that they have
23 irreconcilable differences with the strategy of the undersigned counsel", that
24 PLAINTIFFS "submit that infighting among allies is among the most
25 counterproductive factors which can possible arise in litigation", that PLAINTIFFS
26 "would aver that they have never previously dismissed any federal or state-court
27 action based on or including the same claims as in the present action", and that
28 PLAINTIFFS "ask this Court to take Notice of and Approve their withdrawal from

4
- - - - - - - - - - - - - -
11 EX PARTE APPLICATTON FOR ORDER VACA TTNG VOT .lINT ARY mSMTSSAT.
 1 this action" (See Exhibit '"4"). PLAINTIFFS mayor may not agree with the above
2 first three quotes, however, PLAINTIFFS never communicated such claims or
3 sentiments to Dr. Taitz, and, thus, did not '"ask" for, '"submit", or '"aver" anything
4 relating to their dismissal as plaintiffs from this case (See Declarations of Markham
5 Robinson and Dr. Wiley S. Drake).
6 Due to the fact that Dr. Taitz acted unilaterally to dismiss PLAINTIFFS from
7 this case, rather than consenting to their being represented by Mr. Kreep, and due to
8 the fact that PLAINTIFFS wish to remain as plaintiffs in this case and never desired
9 or intended to be dismissed from the matter, the Court should vacate PLAINTIFFS'
10 voluntary dismissal from the case, and reinstate Mr. Robinson and Dr. Drake as
11 plaintiffs, with Mr. Kreep as their counsel of record.
12 II. ARGUMENT
13 Pursuant to Federal Rules of Civil Procedure (hereinafter referred to as
14 '"FRCP") § 60, the Court may vacate PLAINTIFFS' voluntary dismissal from the
15 case. FRCP § 60 provides that "[o]n motion and upon such terms as are just, the court
16 may relieve a party ... from a final judgment, order, or proceeding for ... any other
1t
17 reason justifying relief from the operation ofthejudgment. FRCP § 60(b)(6). In tIns
18 case, PLAINTIFFS' relief from the dismissal is justified. PLAINTIFFS wish to
19 remain as plaintiffs in the case, and, through their Request for Approval of
20 Substitution of Attorney, they clearly expressed their intent to Dr. Taitz to do so, prior
21 to her filing of NOTICE (See Exhibits '"I" and '"2"). Dr. Taitz refused to cooperate
22 with PLAINTIFFS' requests to substitute Mr. Kreep as their attorney, and Dr. Taitz
23 went behind PLAINTIFFS' backs in an attempt to have PLAINTIFFS dismissed from
24 the case to avoid allowing PLAINTIFFS to be represented by an attorney of their
25 choosing. Since PLAINTIFFS wish to remain named as plaintiffs in the case, and
26 since they did not consent to Dr. Taitz's filing of NOTICE dismissing them from the
27 case, the Court should find that relief is justified, and it should vacate PLAINTIFFS'
28 dismissal.

5
FX PA RTF A PPT .TrATTON FOR ORnFR \T!>. r!>. TThTr. vnT TTl\.IT" DV nTC:l\,HC:C: AT
 III. CONCLUSION
2 Based on the reasons set forth above, PLAINTIFFS respectfully request that
3 the Court grant PLAINTIFF's ex parte application to grant an order vacating the
4 voluntary dismissal and reinstate PLAINTIFFS as plaintiffs in this case, with Mr.
5 Kreep as their attorney of record.
6

7
8 Dated: August 19, 2009
9

10 m Robinson and
II

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6
 e
DECLARA TION OF MARKHAM ROBINSON
e
I, Markham Robinson, hereby declare as follows:

1. That I am a Certified California Elector of the American Independent Party, Vice Chaimlan of

America's Independent Party, and Chaiffilan of the American Independent Party, and that, if called upon

to do so, I could, and would, competently testify as follows:

2. That Dr. Taitz never asked me for my permission to include my name as a plaintiff in the

complaint herein, filed on January 1,2009.

3. That, however, I desire to remain as a plaintiff in this case, and that it is my preference to be

represented by Mr. Kreep in the matter.

4. That, on July 13,2009, I requested, through an email to Mr. Kreep, that Mr. Kreep prepare the

necessary paperwork in order to substitute Mr. Kreep for Dr. Taitz as my counsel in this case.

5. That, on July 21, 2009, I received the Request for Substitution of Attorney, agreed to its ternls,

signed the Request, and mailed the Request, and emailed a digital copy of the Request, to Mr. Kreep's

office.

6. That, on July 30, 2009, I received an email from Dr. Taitz, informing me that she was refusing to

consent to the Request for Substitution of Attorney, and that she would like Mr. Kreep to file a Notice of

Voluntary Dismissal on my behalf.

7. That, on August 2,2009, I was infoffiled by Mr. Kreep that Dr. Taitz had filed documents to

dismiss me from the case.

8. That I was not infoffiled, prior to her filing the Notice of Voluntary Dismissal, that Dr. Taitz

planned to dismiss me as a plaintiff.

9. That I did not, and would not, consent to my being voluntarily dismissed from the case.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration

was executed on August 12, 2009, at Vacaville, California.

6In~~
MARKHAM ROBINSON A~.l.)')./[10<{

'7
 •
00000000000000000 00012100000000000 P.01

e
DECLARATION OF WILEY S. DRAKE

L Wiley S. Drake, hereby declare as follows:

i. That I wa." the vice-presidential candidate for the America's Independent Party m

20mL and that, if called upon to do so, I could, and would, competently testifY as follows:

That Dr. Taitz never asked me for my permission to include my name as a

plaintill in the complaint herein, filed on January 1,2009.

That, however, I desire to remain as a plaintiff in this case, and that it is my

preference to be represented by Mr. Kreep in the matter.

l That, on July 13,2009, I requested, through an email 10 Mr. Kreep, that Mr. Krccp

prepare the neceSSaI)' paperwork in order to substitute Mr. Kreep for Dr. Taitz as my

counsel in this case.

j. That, on July 21, 2009, I recei ved the Request for Substitution of Attorney, agreed

to its krms, signed the Request, and mailed the Request, and faxed the Request, to Mr

Krcep's office.

o. Thal, on July 30,2009, I received an email from Dr. Taitz, informing me that she

wus refusing to consent to the Request for Substitution of Attorney, and that she would

ijke Mr. Kl'eep to file a Notice of Voluntary Dismissal on my behalf.

7. That, on August 2,2009, I was informed by Mr. Kreep that Dr. Taitz had filed

documents to dismiss me from the case; that I was not infoffiled, prior to the filing of said

documents, that Dr. Taitz planned to dismiss me as a plaintiff; and that I did noL and

would not, consent to my being voluntarily dismissed from the case.

1 declare under penalty of peljury that the foregoing is true and correct and that

this declaration was executed on August 12, 2009, at Buena Park, California.
 DECLARi\TION OF ELLIOT WILSON

I, Elliot Wilsoll, declare the following:

I. That I am a law clerk employed by the tJnited States Justice Foundation.

2. '1'ha1, on the afternoon of July 24, 2009, I drove to the United States Post Office

branch located in Ramona, California and mailed, via Express Mail, two Requests for Approval

of Substitution of Attorney signed by Mr. Robinson and Dr. Drake, and a cover letter from Mr.

Kreep to Dr. TaiL;,.

3. That, on the morning of July 27,2009, I accessed the United States Post Office's

website, and entered the above-mentioned Express Mail package's tracking number into the

website's package tracking system, and that the website showed that the package was delivered

and signed for by "R.M." at 11:49 am on July 27,2009.

I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed on August 12,2009, at Ramona, California.

i""'.

~d~=--7tt:~:7
~~::-"----------------
(// ELLIOT WILSON

9
•

EXHIBIT 1
 0~ 000000000000 0 0 0 . ,.00000000 p. 0 j

lHF \\1 OFfiCI:: or UARY G. KREEP

tJ/iFS (J KRI-EP, ESQ_ (SBN 066482)
:))! D STREET, SUITE 2
i':,\\10r,jj'" C\ 92065

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
!\hn K('yc~, PhD., Wiley S. Drake, and
:~Lirkh;jm Robinson, SACY09-00082-DOC (Anx)
Plainums)
Y.

REQUEST FOR APPROVAL OF

SUBSTITUTfON Of ATJ'ORNEY
....-l _
DetenJant(I).

_w~scs. ~~lke
- - - li PlaimtifT 0 L>efendant 0 Other
Name of Parry

:lr.rl:O; request the COllrt approve the substitution of ..G=-~.::.;ary:.L-G=--,-,'Kr~e'-e-Lp _

.Yew A/lorney
J:i <[ttornc)' or record in place and stead of Dr. Ody l::..:ra:.:.itz==-~ _

Dated l_~_~}O, 2009

--i'\h' ,I,
1/1./
1
presej2nft/lforney / \ .

'
\::/,./LO
1 ~
rrr. /.
.f
",1

Signature oj'lfifiylAuthori::ed Represeniotil'L' of Par~v

I have given proper notice pursuant to Local Rule 83·2.9 and further consent to the above substitution.

Dated ._--- ._--_._--

Signature of Present AI/Oriley
.-,... ~.'~

I am duly admitted to practice in this District pursuant to Local Rule 83~2.

();J{cd ~_2....c.0-,-,.: :.2. : . 00..: . 9'-- _ ._--_._------- ' - - ' - -

Signa/lire afNew Attorney
........:::.;06:.:::64~8=2'____._. .. ._
Slate Bar Number

1t' party requesting to appear Pro Se:

Daled --_._---_.----
Signature of Requesting Party

I'iOTE: COU"JSELAI\D PARTIESAREREMII\DW TOSliBMIT ACOMPLETEDOIWERONREQUEST FOR

A PPlWV·tL OF SUBSTITUTION OF A7TORNEY(G-Ol ORDER) ALONG WITH HilS REQUEST.

--- -._.,--_._--------_._- ~---

:." ,,'1,~)) REQUrST FOR APPRO\'AL OF SrBSTlTIiIO:-i OF ATrORi\EY

 THE LAW OFFICE OF GARY G. KREEP
GARY G. KREEP, ESQ. (SBN 066482)
• •
932 D. STREET, SUITE 2
RP,MONA, CA 92065

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
Alan Keyes, PhD., Wiley S. Drake, and
Markham Robinson, SACY09-00082-DOC (Anx)
Plainti.lT(s)
V.

Barack H. Obama, et al. ORDER ON

REQUEST FOR APPROYAL OF
SUBSTITUTION OF ATTORNEY
Defendam(s) .
...:...:---1....- _

The Court hereby orders that the request of:

Wiley S. Drake ii1 Plaintiff 0 Defendant 0 Other _

Name ofParty

to substitute -=G::..:ary G. Kreep who is

I'lf Retained Counsel o Counsel appointed by the Court (CrimlnaJ cases only) o Pro Se
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _9:: . . :3: . :2: . . : D Street, Suite 2
Street Address

Ramona, CA 92065 usjf@usjf.net

City, State, Zip E-Mail Address

(760) 788-6624 (760) 788-6414 066482

Telephone Number Fax Number State Bar Number

as attorney of record in place and stead of Dr. Orly T~a~it~z'-- _

Present Attorney
is hereby o GRANTED o DENIED

Dated
U. S. District JudgelU.S. Magistrate Judge

NOTICE TO COUNSEL: IF Y OU ARE CURRENTLY ENRO LLED IN TH EO PTICAL SCANNING

PROGRAM AND HAVE CHANGED YOUR E-MAIL ADDRESS SINCE YOUR ENROLLMENT, YOU MUST
COMPLETE AN ENROLLMENT/UPDATE FORM (G-76) TO ENSURE THAT DOCUMENTS ARE SERVED
AT THE PROPER E-MAIL ADDRESS. THIS FORM, AS WELL AS INFORMATION ABOUT THE OPTICAL
SCANNING PROGRAM IS AVAILABLE ON THE COURT'S WEBSITE AT WWW.CACD.USCOURTS.GOV.

G-01 ORDER (06/05) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY

• •

EXHIBIT 2
 • •
fHE LA W OFF1CE OF GARY G. KRf~EP
G/\RY G. KREEP. ESQ.(SBN0t56482)
iJ32 I), STREET. SUITE 2
rU\MONA, CA 92065

UNITEl)S'I'i\TESJ)ISTRldr~9URT
CENTRAL DIS1;RICT OF CALIFORNIA
CASE NUMBER
;\lan Keyes, PhD., Wiley S. Drake, and
Markham Robinson. SACV09·00082·DOC (Anx)
v.
11. Obnma, et at.
REQU.£iSTFORAPPROVALOF
SUBSTITUT'@NOF ATTORNEY

_tv_la_rk_h_a_m~.~_R_o_bi_n_so_n_~ rt Plaintiff CJDefendaflt OOther - -_ _

Ndme:(JjPti,:fy

hereby request the COllrtapprQvcthesubstitutiQnof..;:G;:;:Ja:::..ryil,..,··',;;:G~.~K;,;;.l'e;:;;·e:.l:p --------

New ;tllorney
n$ illlofrrcy 0 f record in' place artd~tead {If...:O::..;r,,-•••;;::O,.;.,;rl,,,-~'-,T;;::;ac;,;;;itz:;:.. _~ . ~_
Pre,fIJnl,'AltlJrfWy ,

Dated July 20,2Q,09 ~~~'~'1

PatWA 0/
Si'guaflll'eqf tilhorJ=.(!i[!Rtiprt!SI~ItIIHNq N/rty

=
I have given proper nbticepUrSQantto LocarR.ule83~1.§:and furtherconsent':fothe above substitllt'on.

Dated
Signcitute 0/Prll.fffnlt,luornff)'

f am duly ndmitted lopractlce inUiis.DislrictpurSllllntJO Local Rule 83~2.

Dated JuJ.L--y=-2(~)'c.=2","OO:.:..;;9\-,. _
Signatur(! q,fNew AllarJwy
Q66482
Sftilclkfr NiuJlber

Ir party requesting toappearProSe:

Dated

NOTE: COlJNSELANDJ)I\R,rrIF-SAR:E REM,NOEU'tOSOBMl'fACOMPU1TEOOROERONREQb'ESrFOR

Al'P/?Ov',tLOFSUBsffitiirmN OF ATT()Rl""EY(O';Ol·ORDER).~LONG·WlntTUJS·REQOEsr.
 Name and address:
THE LA W OFFICE OF GARY G. KREEP
•
GARY G. KREEP, ESQ. (SBN 066482)
932 D. STREET, SUITE 2
RAMONA, CA 92065

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
Alan Keyes, PhD., Wiley S. Drake, and
Markham Robinson, SACY09-00082-DOC(Anx)
Plaintiff(s)
v.

Banlck H. Obama, et al. ORDER ON

REQUEST FOR APPROYAL OF
SUBSTITUTION OF ATTORNEY
Dcfcndant(s).

The Court hereby orders that the request of:

Markham Robinson
-----===:~===~----
ii1 Plaintiff 0 Defendant 0 Other - - - - - - - - - -
Name of Party

to substitute ~G::.;:a::;..ry"__"'G:..:.._""Kr==__ee::.J:p'__ who is

ii6 Retained Counsel o Counsel appointed by the Court (Criminal cases only) o Pro Se
932 D. Street, Suite 2
Street Address

Ramona, CA 92065 usjf@usjf.net

City, State, Zip E-Mail Address

(760) 788-6624 (760) 788-6414 066482

Telephone Number Fax Number State Bar Number

as attorney of record in place and stead of=.D~r-,-.~O~rl'.l-y~T"-,a~it",,z,--- . _

Present Attorney
is hereby o GRANTED o DENIED

Dated
U. S. District Judge/U.S. Magistrate Judge

NOTICE TO COUNSEL: IF Y OU ARE CURRENTLY ENRO LLED IN TH EO PTICAL SCANNING

PROGRAM AND HAVE CHANGED YOUR E-MAIL ADDRESS SINCE YOUR ENROLLMENT, YOU MUST
COMPLETE AN ENROLLMENT/UPDATE FORM (G-76) TO ENSURE THAT DOCUMENTS ARE SERVED
AT THE PROPER E-MAIL ADDRESS. THIS FORM, AS WELL AS INFORMAnON ABOUT THE OPTICAL
SCANNING PROGRAM IS AVAILABLE ON THE COURT'S WEBSITE AT WWW.CACD.USCOURTS.GOV.

G-OI ORDER (06/05) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY

•

EXHIBIT 3
lETTER TO DRAKE AND ROBINSON.doc • http://mail. goo gle.com/.'?ui=2&ik=2ebOOC22d6&view=att&th= I...

Dr. Orly Taitz, Esq.

Attorney-at-Law

Orly Taitz Law Offices

26302 La Paz, Suite 211

Mission Viejo, California 92691

Telephone: (949) 683-5411

E-Mail: drtaitz(l4yahoo.com

July 30, 2009

Thursday

Mr. Gary G. Kreep

Mr. Wiley S. Drake

Mr. Markham Goo Robinson

932 "D" St., Suite 3

Ramona, California 92065

Dear Messrs. Creep, Drake, and Robinson:

You put me in a rather awkward position! Based on prior experience, ealier this year,
it is my opinion that Gary G. Kreep and I simply do not make a good legal team.
Naturally this is no reflection on Mr. Kreep or (in my opinion) on me either: an eagle and
a dolphin might well think highly of one another, but typically they cannot and should
not even attempt to work together. For my part, I am in the midst of developing new
strategies for the Obama litigation, and I am very optimistic, but I have neither the time nor
the inclination to fight with any more people than is necessary for our side to win, and I'm
sure you will agree that infighting is a terrible thing, and has probably destroyed more
patriotic causes than all enemy actions combined.

For that reason, and since no Defendant has appeared or answered, much less filed an
answer or motion for summary judgment, you may indeed "drop out" of the case without
adverse publicity of any kind. I urge you to do so. Ri;e 41(a) of the Federal Rules of
Civil Procedure permits voluntary dismissal without prejudice of a case under these
circumstances, and even ifthere were a negative article or two concerning the point, which
lETTER TO DR/\KE AND ROBINSON.doc • http://mail.google.cOmle '?ui=2&ik=2ebOOc22d6&vie w=att&th= 1...

I doubt, it would be better than setting the stage for infighting regarding strategy,
procedure, and timing between me and NIr. Kreep.

Accordingly, it is my present intention NOT to sign the Request for Approval of

Substitution of Attorney signed by you two and Mr. Kreep.

If Mr. Kreep will simply and expeditiously file a Rule 41 (a) Motion for Voluntary
Dismissal without prejudice on behalf of his clients only, or if you two wish to do so in
propia persona, then the new 50 or so new (mostly military) Plaintiffs who were added
onto my case by the First Amended Complaint can proceed quite well without Mr.
IZreep's assistance, and Mr. Kreep can refile on your behalf(Mr. Markham & Mr. Drake)
in Federal or State Court, wherever he sees best. I do not believe that severing this
litigation will be injurious to any party or to the movement as a whole, or even to the
specific litigation before Judge Carter. It has been my honor to represent you both and I
wish you and Mr. Kreep the very best of luck in whatever separate patriotic course of
action you may choose to take.

I hope I will hear from you all expeditiously.

Yours very truly,

Dr. Orly Taitz

Attorney-at-Law

Orly Taitz Law Offices

26302 La Paz, Suite 211

Mission Viejo, California 92691

Telephone: (949) 683-5411

E-Mail: drtaitz@yahoo.com
• •

EXHIBIT 4
 1
• •
2
Dr. Orly Taitz
3 Attornev-at-Law
arly Taltz Law Offices
4 26302 La Paz, Suite 211
Mission Viejo, California 92691
5 Telephone: (949) 683-5411
E-Mail: drtaitz@yahoo.com
6
UNITED STATES DISTRICT COURT
7 FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA (SOUTHERN) DIVISION
8
Captain Pamela Barnett, §
9 Lt. Colonel Richard Norton Bauerbach §
10 Captain Robin D. Biron §
Colonel John D. Blair, §
]] Mr. David 1. Bosley, §
Ms. Loretta G. Bosley, §
12 Captain Harry G. Butler, §
Representative Glenn Casada, Tennessee §
13 Jennifer Leah Clark, §
Representive Timothy Comerford, NH §
14 Charles Crusemire, §
Representative Cynthia Davis, Missouri § Civil Action No.:
15 Chief Warrant O. Thomas S. Davidson § SACV09-00082-DOC (Anx)
Wiley S. Drake, §
16 Matthew Michael Edwards, § TRIAL-BY-JURY
17 Lt. Jason Freese, § DEMANDED
Mr. Kurt C. Fuqua, §
18 Officer Clint Grimes, §
Representative Casey Guernsey, Iv1issouri §
19 Julliett Ireland, §
D. Andrew Johnson, §
Israel D. Jones, §
Timothy Jones, §
21 Alan Keyes, Ph.D., §
22 Commander David Fullmer LaRoque, §
Gail Lightfoot, §
Lita M. Lott, §
Major David Grant Mosby, §
24 MSGT Steven Kay Neuenschwander, §
Representative Frank Niceley, Tennessee §
25 Retired Senator Jerry O'Neil, Montana, §
SFC E7 Robert Lee Perry, §
26 Representative Larry Rappaport, NH §
Colonel Harry Riley, §
n Markham Robinson, §
Sergeant Jeffrey Wayne Rosner, §
28 MSGT Jeffrey Schwilk, §
Rule 41(a)(l)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson DR, ORL.EY T' n7
Notice o/Voluntary Dismissal, SACV09-00082-DOC (ANX), FOR THE PL,,, , ,0
Filed Augustl, 2009 - 1- 26302 L.A PAZ SUITE2]l
MISSION VIEJO, CALIFORNIA 92691
 • •
2
Captain David Smithey, §
3 Lt. Commander John Bruce Steidel, §
4 Cmdr. Douglas Earl Stoeppelwerth §
Thomas J Taylor, §
5 Representative Eric Swafford, Tennessee §
Captain Neil B. Turner, §
6 Richard E. Venable, §
LCDR Jeff Graham Winthrope, and §
7 Lt. Colonel Mark Wriggle, §
Plaintiffs, §
8 §
v. §
9 §
Barack Hussein Obama, §
10 Michelle L.R. Obama, §
11 Hillary Rodham Clinton, Secretary of State, §
Robert M. Gates, Secretary of Defense, §
12 Joseph R. Biden, Vice-President and §
President of the Senate, §
13 Defendants. §
14 PLAINTIFF WILEY S. DRAKE & MARKHAM G. ROBINSON
RULE 41(a) NOTICE OF VOLUNTARY DISMISSAL without PREJUDICE
15
Plaintiffs Wiley S. Drake and Markham G. Robinson have communicated
16
through their preferred counsel Gary G. Kreep that they do not wish to be
17
represented by the undersigned counsel and that they do not wish to work with her
18
any more, in that they initially disapproved of filing in Federal Court.
19
IRRECONCILABLE DIFFERENCES WITH COUNSEL
X)
These Plaintiffs submit that they have irreconcilable differences with the
21
strategy of the undersigned counsel. For her part, the undersigned counsel for all
22
other Plaintiffs respectfully submits and states in good faith that she cannot
23
effectively work or cooperate with these Plaintiffs' proposed counsel Gary G. Kreep,
24
and that no involuntary association of counsel in a complex and highly contentious
25
case such as the present, highly emotionally charged and politically sensitive
2fj
litigation is likely to yield positive: results. One of the plaintiffs filing notice herein
Z7
has made public comments with which the undersigned counsel does not agree.
28
Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson DR. ORLEY TAITZ
Notice a/Voluntary Dismissal, SACV09-00082-DOC (ANX), FOR THE PLALil L • ,;
26302 LA PAZSUITE211
Filed August 1, 2009 -2- MISSION VIEJO, CALIFORNIA 92691
 • •
2

3 \\,'herefore, Plaintiffs Wiley S. Drake and Markham G. Robinson serve notice,

4 pursuant to Rule 41 (a)(l )(A)(i) of voluntary dismissal and withdrawal of their names
5 as Plaintiffs in the above-entitled and numbered cause of action, reserving to
6 themselves the right to pursue similar or parallel or distinct litigation in any court of
-; I competent jurisdiction, state or federal. Plaintiffs and the undersigned counsel
8 submit that infighting among allies is among the most counterproductive factors
9! which can possibly arise in litigation.
10 According to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure
11 Plaintiffs may voluntarily dismiss their cause of action without a court order by filing
12 their Notice of Dismissal before the opposing party serves either an answer or a
13 motion for summary judgment. No opposing party has served either an answer or a
14 motion for summary judgment in the present case. No opposing party has filed a
15 counterclaim, nor has any opposing party filed any motion adverse to the interests of
16 these plaintiffs whatsoever.
17 These Plaintiffs file their Notice of Voluntary Dismissal without Prejudice,
18 and would aver that they have never previously dismissed any federal or state-court
19 action based on or including the same claims as in the present actioll, so that pursuant
X) to Rule 41 (a) (1 )(B) there is no reason or cause for considering that these plaintiffs'
21 notice of voluntary dismissal should or could operate as an adjudication on the merits
22 of any aspect of their claims.
23 PRAYER FOR RELIEF
24 WHEREFORE, Plaintiffs WILEY S. DRAKE and MARKHAM G.
25 ROBINSON ask this Court to take Notice of and Approve their withdrawal from this
2fj action and voluntary dismissal of their names from the list of Plaintiffs, without
n prejudice to their refiling their claims at some future date in any court of competent
28 jurisdiction, state or federal.
Rule 41(a)(l)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson DR. ORLEY TAlTZ
Notice o/Voluntary Dismissal, SACV09-00082-DOC (ANX), FOR THE PLAINTIFFS
Filed August 1,2009 -3- 26302 LA PAZ SUITE 211
MISSION VIEJO, CALIFORNIA 92691
 1
• •
3 Respectfuny submitted,
Saturday, August I, 2009
4
5 By: _
6 Dr. Orly Taitz, Esq. (SBN 223433)
Attorney for the Plaintiffs
7
26302 La Paz, Suite 211
8 Mission Viejo, California 92691

9
Telephone (949) 683-54] 1
10 E-Mail: elr tai tz @yahoo ,.Qom

11
12
13
14
15
16
17
18
19
:J)

21
22
23
24
25
2fj

T1
28
Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson DR. ORLEY TAITZ
Notice of Voluntary Dismissal, SACV09-00082-DOC (ANX), FOR THE PLAINTIFFS
Filed August 1, 2009 -4- 26302 LA PAZ SUITE 211
MISSION VIEJO, CAUFORNfA 92691
 •
2
3 PROOF OF SERVICE
4 I the undersigned Charles Edward Lincoln, being over the age of 18 and not a
5 party to this case, so hereby declare under penalty of perjury that on this Wednesday
6 i July 15, 2009, I provided facsimile copies of the Plaintiffs' above-and-foregoing

7 "Rule 41 (a)(l)(A)(i) NOTICE OF VOLUNTARY DISMISSAL without prejudice"

8 filed by and on-behalf of Plaintiffs WILEY S. DRAKE and MARKHAM G.
9 ROBINSON upon those attorneys who have appeared in this case in accordance with
10 the local rules of the Central District of California, to wit:
11 THOMAS P. O'BRIEN
12 LEON W. WEIDMAN
13 ROGER E. WEST
14 DAVID A. DeJUTE
15 FACSIMILE (213) 894-7819
16 DONE AND EXECUTED ON THIS 1st day of August, 2009

17
18

19 Charles Edward Lmcoln

X)

21
22
23
24
25
2f)

7J
28
Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson DR, ORLEY T\IT"
FOR THEPL\,
Notice of Voluntary Dismissal, SACV09-00082-DOC (ANX), 26302 LA PAZ SUITE 211
Filed August 1, 2009 -5- MISSION VIEJO, CALIFORNIA
 1 UNITED STATES JUSTICE FOUNDATION
GARY G. KREEP; SBN 066482
2 932 "D" Street, SUIte 2
(Email: usjfayusjf.net}
3 Ramona, California 92065
Tel: (760) 788-6624
4 Fax: (760)788-6414
5
Attorney for Plaintiffs, Markham Robinson
6 and Wiley S. Drake
7

8
UNITED STATES DISTRICT COlJRT
9
FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
SANTA ANA (SOUTHERN) DIVISION
11

12 ) CIVIL ACTION NO:

CAPTAIN PAMELA BARNETT,
et aI., ) SACV09-00082-DOC (Anx)
13
Plaintiffs, ) fPROPOSEDl ORDER GRANTING EX
14 ) PARTE APPLICATION TO VACATE
15 vs. ~ VOLUNTARY DISMISSAL
)
BARACK HUSSEIN OBAMA, et
16 )
aI.,
17 )
Defendants )
18 )
------------ )
19
20 [PROPOSED] ORDER
21 Having considered PLAINTIFFS' Ex Parte Application for Order Vacating
22 Voluntary Dismissal, and good cause appearing:
23 IT IS HEREBY ORDERED that PLAINTIFFS' Ex Parte Application for Order
24 Vacating Voluntary Dismissal is granted.

25

26 Dated:
UNITED STATES DISTRICT COURT] UOGE
27

28

PROPOSED ORDER