Motion For Reconsideration

Below is the motion for reconsideration or certification of interlocutor…ket#27 04.15.10, request for action on 04.16.10 | Dr.
Orly Taitz Esquire 4/21/10 10:09 AM
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Below is the motion for reconsideration or

certification of interlocutory appeal that i have
submitted during the April 14th hearing in FL,
docket#27 04.15.10, request for action on 04.16.10
Posted on | April 21, 2010 | No Comments
U.S. District Court

Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:10-cv-00091-RV-EMT
http://www.orlytaitzesq.com/?p=9946 Page 1 of 16
Below is the motion for reconsideration or certification of interlocutor…ket#27 04.15.10, request for action on 04.16.10 | Dr. Orly Taitz Esquire 4/21/10 10:09 AM
STATE OF FLORIDA et al v. UNITED STATES Date Filed: 03/23/2010

DEPARTMENT OF HEALTH AND HUMAN SERVICES et Jury Demand: None
al Nature of Suit: 890 Other Statutory
Assigned to: SENIOR JUDGE ROGER VINSON Actions
Referred to: MAGISTRATE JUDGE ELIZABETH M Jurisdiction: U.S. Government Defendant
TIMOTHY
Cause: 28:2201 Declaratory Judgement
Plaintiff
STATE OF FLORIDA represented by BLAINE H WINSHIP
BY AND THROUGH BILL MCCOLLUM OFFICE OF THE ATTORNEY
GENERAL – TALLAHASSEE FL
THE CAPITOL STE PL-01
400 S MONROE ST
TALLAHASSEE, FL 32399
850-414-3657
Fax: 850-488-4872
Email:
blaine.winship@myfloridalegal.com
ATTORNEY TO BE NOTICED
Plaintiff
STATE OF SOUTH CAROLINA
BY AND THROUGH HENRY
MCMASTER ATTORNEY GENERAL
Plaintiff
STATE OF NEBRASKA represented by KATHERINE JEAN SPOHN
BY AND THROUGH JON BRUNING NEBRASKA ATTORNEY GENERAL’S
ATTORNEY GENERAL OFFICE
2115 STATE CAPITOL
LINCOLN, NE 68509
402-471-2834
Fax: 402-471-1929
Email: katie.spohn@nebraska.gov
Plaintiff
STATE OF TEXAS
BY AND THROUGH GREG ABBOTT
ATTORNEY GENERAL
Plaintiff
STATE OF UTAH
BY AND THROUGH MARK L
SHURTLEFF ATTORNEY GENERAL
Plaintiff
STATE OF LOUISIANA
BY AND THROUGH JAMES D BUDDY
CALDWELL ATTORNEY GENERAL
Plaintiff
STATE OF ALABAMA
BY AND THROUGH TROY KING
ATTORNEY GENERAL
Plaintiff
STATE OF MICHIGAN
BY AND THROUGH MICHAEL A COX
ATTORNEY GENERAL
Plaintiff
STATE OF COLORADO
BY AND THROUGH JOHN W SUTHERS
ATTORNEY GENERAL
Plaintiff
COMMONWEALTH OF
PENNSYLVANIA
BY AND THROUGH THOMAS W
CORBETT JR ATTORNEY GENERAL
Plaintiff
STATE OF WASHINGTON
BY AND THROUGH ROBERT M
MCKENNA ATTORNEY GENERAL
Plaintiff
STATE OF IDAHO
BY AND THROUGH LAWRENCE G
WASDEN ATTORNEY GENERAL
Plaintiff
STATE OF SOUTH DAKOTA
BY AND THROUGH MARTY J
JACKLEY ATTORNEY GENERAL
V.
Defendant
UNITED STATES DEPARTMENT represented by BRIAN G KENNEDY
OF HEALTH AND HUMAN US DEPT OF JUSTICE
SERVICES CIVIL DIVISION
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530-0001
202-514-3357
Fax: 202-616-8470
Email: brian.kennedy@usdoj.gov
ATTORNEY TO BE NOTICEDERIC B
BECKENHAUER
US DEPARTMENT OF JUSTICE –
WASHINGTON DC
CIVIL DIVISION FEDERAL
PROGRAMS BRANCH
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530
202-514-3338
Fax: 202-616-8470
Email: eric.beckenhauer@usdoj.gov
Defendant
KATHLEEN SEBELIUS represented by BRIAN G KENNEDY
IN HER OFFICIAL CAPACITY AS THE (See above for address)
SECRETARY OF THE UNITED STATES ATTORNEY TO BE NOTICEDERIC B
DEPARTMENT OF HEALTH AND BECKENHAUER
HUMAN SERVICES (See above for address)
Defendant
OF THE TREASURY (See above for address)
BECKENHAUER
(See above for address)

Defendant
TIMOTHY F GEITHNER represented by BRIAN G KENNEDY
IN HIS OFFICIAL CAPACITY AS THE (See above for address)
DEPARTMENT OF TREASURY BECKENHAUER
Defendant
OF LABOR (See above for address)
BECKENHAUER
Defendant
HILDA L SOLIS represented by BRIAN G KENNEDY
IN HER OFFICIAL CAPACITY AS THE (See above for address)
DEPARTMENT OF LABOR BECKENHAUER
Date Filed # Docket Text

03/23/2010 1 COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA
L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES
DEPARTMENT OF THE TREASURY filed by STATE OF FLORIDA – Filing Fee
$350, Receipt Number: 1129-1533627) (WINSHIP, BLAINE) **Modified on
3/23/2010 to correct “docket text” (laj). (Entered: 03/23/2010)
03/23/2010 2 CIVIL COVER SHEET. (WINSHIP, BLAINE) (Entered: 03/23/2010)
03/24/2010 3 Summons Issued as to TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA
L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES
DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General.

(krb) (Entered: 03/24/2010)
03/29/2010 4 NOTICE OF HEARING. Rule 16 Scheduling Conference set for 4/14/2010 09:00
AMin U.S. Courthouse Pensacola before SENIOR JUDGE ROGER VINSON. (lcu)
(Entered: 03/29/2010)
03/30/2010 6 (Deficiency) ORDER – The submitted hard copy of the document shall be returned
to you by the Clerk without electronic filing. It may be resubmitted after the
deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on
3/30/2010. (laj) (Entered: 03/30/2010)
04/05/2010 ACTION REQUIRED BY DISTRICT JUDGE – Chambers of SENIOR JUDGE
ROGER VINSON notified that action is needed – Re: (4) Proposed Deficiency
Orders received from pro se litigants S. Schonberg and P. Mitchell). (laj) (Entered:
04/05/2010)
04/05/2010 7 (Deficiency) ORDER – The submitted hard copy of the document shall be returned
to you by the Clerk without electronic filing. It may be resubmitted after the
4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 8 (Deficiency) ORDER – 1) The document shall remain in the electronic file, but the
Court will not consider it until you have corrected the deficiencies through the filing
of a corrected document. The document is Denied without prejudice, with leave
given to refile after correction. 2) The submitted hard copy of the document shall be
returned to you by the Clerk without electronic filing. It may be resubmitted after the
4/5/2010. (laj) (Entered: 04/06/2010)
of a corrected document. 2) The submitted hard copy of the document shall be
returned to you by the Clerk without electronic filing. It may be resubmitted after the
4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 10 NOTICE of Intent to Apply for Leave to Intervene by pro se litigant Paul Andrew
Mitchell – filed pursuant to 8Order. (laj) (Entered: 04/06/2010)
04/05/2010 11 NOTICE (titled First Supplement to Proof of Service) by pro se litigant Paul
Andrew Mitchell – pursuant to 9Order. (laj) (Entered: 04/06/2010)
of a corrected document. The document is Denied without prejudice, with leave
given to refile after correction. 2) The submitted hard copy of the document shall be
returned to you by the Clerk. Signed by SENIOR JUDGE ROGER VINSON on
4/5/2010. (laj) (Entered: 04/07/2010)
04/05/2010 15 MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court’s
CM/ECF System – pursuant to 14Order. (laj) (Entered: 04/07/2010)

04/06/2010 17 Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) – Attachments
not scanned. (laj) (Entered: 04/07/2010)
ROGER VINSON notified that action is needed – Re: 17Notice and MOTION to
Intervene. (laj) (Entered: 04/07/2010)
04/08/2010 18 ORDER – Denying Dr. Orly Taitz’s (in pro se) 17Motion to Intervene. Signed by
SENIOR JUDGE ROGER VINSON on 2/8/2010. (laj) (Entered: 04/08/2010)
04/12/2010 20 MOTION to Intervene (titled Ex Parte Uninsured Individual Taxpayer Salamone
Petition) filed by pro se litigant Gary Paul Salamone. (laj) (Entered: 04/13/2010)
04/12/2010 21 MOTION of Proposed Intevenor Steve Schonberg to Intervene As A Plaintiff. (laj)
(Entered: 04/13/2010)
04/12/2010 28 (Amended) MOTION of Proposed Intervenor Steve Schonberg for Admission to the
Court’s CM/ECF System. (laj) (Entered: 04/15/2010)
ROGER VINSON notified that action is needed – Re: 20 MOTION to Intervene, and
21MOTION to Intervene. Also referred Proposed Deficiency Order (Motion for
Admisison to CM/ECF System, received 4/12/10). (laj) (Entered: 04/13/2010)
04/14/2010 23 Pro Se Rule 24 MOTION to Intervene As Party Defendant by Robert P. Smith, Jr.
(with Supporting Memorandum, ND Fla. R7.1(a). (laj) (Entered: 04/14/2010)
ROGER VINSON notified that action is needed – Re: 23MOTION to Intervene. (laj)
(Entered: 04/14/2010)
04/14/2010 24 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON:
Scheduling Conference held on 4/14/2010. Scheduling Order to be entered. (Court
Reporter Donna Boland.) (jrm) (Entered: 04/14/2010)
04/14/2010 25 NOTICE of Appearance by KATHERINE JEAN SPOHN on behalf of STATE OF
NEBRASKA (SPOHN, KATHERINE) (Entered: 04/14/2010)
04/14/2010 26 FINAL SCHEDULING ORDER re 24Scheduling Conference. Plaintiff’s date for
filing an amended complaint: 5/14/10. Defendants’ date for filing a motion to
dismiss: 6/16/10. Plaintiffs’ date for filing a brief in opposition to motion to dismiss:
8/6/10. Defendants’ date for filing a reply to Plaintiffs’ opposition brief: 8/27/10.
Oral argument on Defendants’ motion to dismiss: 9/14/10 at 9:00 AM. Discovery
deadline: 9/14/10. Signed by SENIOR JUDGE ROGER VINSON on 4/14/10. (tdg)
(Entered: 04/14/2010)
04/14/2010 27 Notice and MOTION for Reconsideration or MOTION (titled Request) for
Certification for Interlocutory Appeal – Re: 18Order. (laj) (Entered: 04/15/2010)
04/15/2010 29 ORDER – Denying 28Pro Se Motion of Proposed Intervenor Steve Schonberg for
Admission to the Court’s CM/ECF System. Access to the CM/ECF System requires
a PACER account with proper registration and fee payment. Only admitted attorneys
can file electronically. Signed by SENIOR JUDGE ROGER VINSON on 4/15/2010.
(laj) (Entered: 04/15/2010)
ROGER VINSON notified that action is needed – Re: 27 Notice and MOTION for
Reconsideration re 18Order on Motion to Intervene. (laj) (Entered: 04/15/2010)
04/16/2010 30 Pro Se Movant Intervenor Robert P. Smith’s Supplemental MEMORANDUM of
Law Supporting 23MOTION to Intervene. (laj) (Entered: 04/16/2010)
ROGER VINSON notified that action is needed – Re: 30Memorandum in Support.
Also referred a Proposed Deficiency Order (Entry of Appearance from Stephan P.
Wallace, received 4/15/10). (laj) (Entered: 04/16/2010)
04/20/2010 32 NOTICE of Appearance by BRIAN G KENNEDY on behalf of TIMOTHY F
GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES
DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE
TREASURY (KENNEDY, BRIAN) (Entered: 04/20/2010)
04/20/2010 33 NOTICE of Appearance by ERIC B BECKENHAUER on behalf of TIMOTHY F
GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES
DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE
TREASURY (BECKENHAUER, ERIC) (Entered: 04/20/2010)
DR. ORLY TAITZ, ESQ
IN PRO SE
CSB #223433
29839 S. Margarita Pkwy.
Rancho Santa Margarita CA 92688
ph. 949-683-5411
fax 949-586-2082
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Pensacola Division
STATE OF FLORIDA et al, Case No. 3:10-cv-91
v.
UNITED STATES DEPARTMENT OF Notice & Motion for
HEALTH AND HUMAN SERVICES; Reconsideration or
Request for Certification
KATHLEEN SEBELIUS, in her official For Interlocutory Appeal
APRIL 14, 2010, 9:00AM
capacity as the Secretary of the United States
Department of Health and Human Services; Oral Argument Requested
UNITED STATES DEPARTMENT OF
THE TREASURY; TIMOTHY F.
GEITHNER, in his official capacity as the
Secretary of the United States Department
of the Treasury; UNITED STATES
DEPARTMENT OF LABOR; and HILDA
L. SOLIS, in her official capacity as Secretary
of the United States Department of Labor,
Defendants,
AND
DR. ORLY TAITZ, ESQ.
Movant.
___________________________________________/
NOTICE & MOTION
COMES NOW, DR. ORLY TAITZ, ESQ IN PRO SE (hereinafter referred to as “DR. TAITZ”), and
pursuant to Rule 24 of the Federal Rules of Civil Procedure, hereby files this Motion to Intervene, as a
Plaintiff of Right or in the alternative with the Court’s permission said motion to be heard on April 14, 2010
at 9AM or as soon thereafter as practicable with oral argument requested and as grounds therefore, movant
states as follows:
Background of the case
This case is being followed by millions of American citizens all over the country, as 80-85% of the citizens
according to America on Line and Pew polls are aware of the issue of Mr. Obama’s illegitimacy to US
Presidency. Taitz has given over 800 media interviews in regards to this and similar litigation, and some
36,000 media outlets all over the world follow this case. April the 10th article by World News Daily editor
Bob Unruh has provided excerpts of articles from The Nigerian Observer, AP-Sunday Standard of Kenya
and others quote Mr. Obama as Kenyan born. Same article quotes Michelle Obama and NPR calling Kenya
“Barack Obama’s homeland”.
Legal argument
While Your Honor issued an order on April 8, 2010, acknowledging Taitz legitimate interest in the current
action, your Honor denied motion for intervention citing need for expediency in handling of this case.
While the intervener Taitz whole heartedly agrees with your Honors logic in need for expediency, Taitz
argues that intervention will not prolong the discovery and adjudication of this case, but rather will
significantly shorten this litigation, as well as eliminate the need for future litigations on upcoming Cap and
Trade Bill, Immigration reform bill or any other bill to be signed by Mr. Obama. If Mr. Obama became a
US president by virtue of fraud and concealment of all of his vital records, Health Care bill signed by him is
null and void and this matter can be resolved in one day, by subpoena of Mr. Obama’s live birth file from
the Kapiolani Hospital, where Mr. Obama recently decided he was born, subpoena of his social security
application, as well as his original birth certificate from Hawaii, which should show the name of the
Hospital, name of the attending physician and signatures of three persons in attendance.
Exhibits, submitted with the original motion, have not been scanned and docketed, and therefore the
intervener is not sure whether Your Honor has seen them. Those exhibits show that not only Mr. Obama did
not qualify for US presidency due to his multiple citizenships, allegiance to three other nations and lack of
any documents acceptable by any court of law to prove his birth in Hawaii, those exhibits show affidavits
from a recently retired Homeland Security deportation officer, private investigator, licensed with the
department of Homeland security and yet another licensed investigator, formerly elite Scotland Yard officer,
working in organized crime and communist proliferation units. (Exhibits 1-4) All three investigators as well
as Selective service records show that Mr. Obama does not even have a valid US Social Security number.
SSN 042-68-4425 used by Mr. Obama most of his life was issued in the state of Connecticut to another
individual. Similarly, most reliable and widely used databases LexisNexis and ChoicePoint show him using
multiple Social Security numbers of deceased individuals, as well as numbers that were never assigned.
New information came on April 10, 2009. A World Net Daily magazine article shows a compilation of
articles from different news papers from Africa, quoting Obama as “Kenyan born”, as well as interviews on
NPR and 2009 speech by Michelle Obama, naming Kenya, as Obama’s homeland.
Millions of Americans are following this legal action and wondering, why wouldn’t your Honor take one
day to subpoena production of Mr. Obama’s vital records and resolve this and any further litigation
regarding Mr. Obama’s legitimacy to sign bills or treaties. If you are concerned with expediency of
litigation, why wouldn’t you spend one day on verification of the records of the party, who signed the bill,
rather then spend months and possibly years reviewing legitimacy of some 2,600 pages of the bill under the
Commerce clause.
Taitz agrees that Your Honor has discretion on permissible intervention, however such discretion cannot not
be capricious, cannot not show bias, should show that all citizens are treated equally under the law, it should
show that the judiciary is not influenced by the executive branch and the judiciary should not become an
accomplice in aiding and abetting top governmental executive in commission of a crime.
Each and every American citizen knows, that if he were to use Social Security numbers of other individuals
or numbers never assigned, not only this very court would remove him from office, not only Your Honor
will deem null and void each and every document signed by a person occupying a position by fraud, but
Your Honor will also sentence any other US citizen to a lengthy prison term for commission of a felony.
American citizens need to know that nobody is above the law .
Another new fact, influencing consideration of the motion in question, is a recent act of refusal to deploy by
a top US army officer Lt Col Terrence Lakin, who stated that he will subject himself to Court martial, rather
then serve under the Commander in Chief, who did not prove his legitimacy.
Not allowing the plaintiff to intervene and not reviewing the issue of legitimacy of the President who has
signed this bill, will ultimately lead to further revolting of US military officers and undermining of US
military. Members of US military and American citizens at large have a heightened expectation of action
and fairness in this matter by Your Honor, in light of the fact that Your Honor serves as a judge on the
Federal Intelligence Surveillance Court, as well as the fact that all of the information provided to the court,
was provided to the Attorney General Eric Holder, Mr. Obama’s appointee, however no response was
received from Mr. Holder in the period of over a year.
Additionally, while Taitz agrees with your Honor, in that the states are well represented in this case, none of
highly esteemed attorneys has any background in medicine or medical care. While a whole class of Medical
providers will be negatively affected by the institution of Universal Healthcare, none of the current
plaintiffs has either knowledge or standing to represent this class of plaintiffs. While the Commerce clause
appear to be a common thread in both classes of plaintiffs, Violation of the 9th amendment, as well as
interference in the existing contracts will be unique to the medical providers and those rights will not be
protected by the original parties. Taitz is uniquely positioned in being a licensed doctor of Dental Surgery,
having B. Med Sc, previously serving on the board of one of the Health Maintenance organizations,
practicing for over twenty years and having first hand knowledge of socialist healthcare, as someone who
was born and raised in a Socialist country.
Wherefore
In light of all the additional information provided, Taitz requests reconsideration and granting of the
Intervener status or Certification of the interlocutory Appeal.
/s/ Orly Taitz
Dr. Orly Taitz ESq
29830 Santa Margarita Pkwy, ste 100
Rancho Santa Margarita, CA 92688
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Below is the motion for reconsideration or certification of interlocutor…ket#27 04.15.10, request for action on 04.16.10 | Dr.

Orly Taitz Esquire 4/21/10 10:09 AM

Dr. Orly Taitz Esquire

World's Leading Obama Eligibility Challenge Web Site

Below is the motion for reconsideration or

U.S. District Court

STATE OF FLORIDA et al v. UNITED STATES Date Filed: 03/23/2010

(See above for address)

Date Filed # Docket Text

DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General.

CM/ECF System – pursuant to 14Order. (laj) (Entered: 04/07/2010)

DR. ORLY TAITZ, ESQ

29839 S. Margarita Pkwy.

Rancho Santa Margarita CA 92688

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

STATE OF FLORIDA et al, Case No. 3:10-cv-91

UNITED STATES DEPARTMENT OF Notice & Motion for

HEALTH AND HUMAN SERVICES; Reconsideration or

Request for Certification

KATHLEEN SEBELIUS, in her official For Interlocutory Appeal

APRIL 14, 2010, 9:00AM

capacity as the Secretary of the United States

Department of Health and Human Services; Oral Argument Requested

UNITED STATES DEPARTMENT OF

THE TREASURY; TIMOTHY F.

GEITHNER, in his official capacity as the

Secretary of the United States Department

of the Treasury; UNITED STATES

DEPARTMENT OF LABOR; and HILDA

L. SOLIS, in her official capacity as Secretary

of the United States Department of Labor,

DR. ORLY TAITZ, ESQ.

NOTICE & MOTION

Background of the case

/s/ Orly Taitz

Dr. Orly Taitz ESq

29830 Santa Margarita Pkwy, ste 100

Rancho Santa Margarita, CA 92688

Category: Latest News, Legal Actions

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