Josh Gerstein reports on yesterday’s federal court hearing on Orly Taitz’s Birther lawsuit challenging President Barack Obama’s eligibility to be president, noting that “the ball didn’t move much.”
But he does point to an interesting development between Taitz and two of the plaintiffs she was representing, Markham Robinson and Wiley Drake.
It seems that Robinson and Drake decided that they would rather be represented by Gary Kreep, of “Defend Glenn Beck” fame, and mailed documents to Tatiz informing her of their decision. But Taitz refused to sign the documents and instead tried to get them dismissed from the case [PDF]:
In July 2009, Plaintiffs Robinson and Drake decided that they would prefer to be represented by Gary G. Kreep in this matter instead of their counsel at the time, Dr. Orly Taitz (“Taitz” or “Counsel”). Robinson and Drake had Kreep prepare a Request for Approval of Substitution of Attorney and an Order on Request for Approval of Substitution of Attorney. On July 24, 2009, these documents were mailed to Taitz for her signature. Upon receipt of these documents, on July 30, 2009, Taitz sent an email to Kreep, Robinson, and Drake indicating that she had learned from prior experience that she did not work well with Kreep and suggesting that, instead of Plaintiffs remaining in the case with Kreep as their new counsel, Plaintiffs should voluntarily dismiss themselves from the case and refile separately should they so wish. Taitz refused to sign the Substitution of Attorney documents.
On August 1, 2009, Taitz filed a Notice of Voluntary Dismissal of Plaintiffs Robinson and Drake pursuant to FED. R. CIV. P. 41(a). The Notice stated that Plaintiffs Robinson and Drake “ask this Court to take Notice of and Approve their withdrawal from this action and voluntary dismissal of their names from the list of Plaintiffs, without prejudice to their refiling their claims at some future date in any court of competent jurisdiction, state or federal.” Notice at 3.
Plaintiffs Robinson and Drake have both submitted declarations that they did not consent to being voluntarily dismissed from the case and that Taitz filed the Notice of Voluntary Dismissal against their wishes.
Judge David Carter vacated Taitz’s attempt to toss Robinson and Drake from the case and allowed them to switch their representation over to Kreep.