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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ORLY TAITZ, CV 11-00519 SOM-RLP Honolulu, Hawaii August 30, 2011 2:15 P.M. Request for ECF Number [5J

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Plaintiff,
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vs. MICHAEL ASTRUE, Commissioner of the Social Security Administration, Defendant.

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10 11 12 13 14 15 APPEARANCES:

TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE SUSAN OKI MOLLWAY UNITED STATES DISTRICT JUDGE

Plaintiff Pro Se:

ORLY TAITZ 29839 Santa Margarita Pkwy . Suite 100 Santa Margarita, CA 92688 JILL T. NAGAMINE REBECCA ESTRADA QUINN Off. of the Attorney General Kekuanao'a Bldg. 465 S. King St., Rm. 200 Honolulu, HI 96813 Debra Kekuna Chun, RPR, CRR United States District Court 300 Ala Moana Blvd . Ste. C285 Honolulu, HI 96850 (808) 534-0667

For the Defendant: 16 17 18 19 20 21 22 23 24 25 Official Court Reporter:

Proceedings recorded by machine shorthand, transcript produced with computer-aided transcription (CAT) .

TUESDAY , AUGUST 30, 2011 THE CLERK : Michael Astrue, etc . ECF Number.

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Civil 11-519 SOM-RLP, Orly Taitz versus This case has been called for Request for

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Counsel, please make your appearances for the record. MS. NAGAMINE: Good afternoon, Your Honor . Deputies Attorney General,
Jill

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Nagamine and Rebecca Quinn,

representing Loretta Fuddy, the Director of Health, State of Hawai'i . THE COURT: appearance, please. MS. TAITZ : se plaintiff. THE COURT : Okay. Okay. Thank you very much. Yes. Orly Taitz, Esquire, Attorney, pro Okay . And can I have the telephone

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So I have a request by Miss Taitz to get an You already have

ECF number, and I wanted to ask Miss Taitz: an ECF number in your own district; MS. TAITZ : THE COURT : Yes, Okay. I do . right?

Then the procedure here is that for Hawai'i

you go on to our website, which is www.hid, District, dot-uscourts, plural, dot-gov . MS. TAITZ : what? THE COURT : dot-gov . I apologize .

And if you

hid-dot-uscourts and then

MS. TAITZ: THE COURT:

Okay. Okay? And if you do that, then there

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will be a place that you click for the ECF system, and, when you click on that, it will have a little screen that says users are required to undergo training, and then there's a box that you can check, if you are asking to be exempted from the training in this district on the ground that you have completed ECF training in another district. wha t And so you have to fill in

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other districts you have ECF numbers in because you have

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completed the training there, and then you submit that, and that will all be handled by the Clerk of Court. MS. TAITZ: THE COURT: Okay. Right. Thank you. But, typically, you know,

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attorneys from other districts that have training in their own districts in the court system, I mean they're typically allowed to do this. If there's some problem wi th your application, That normally

then that normally doesn't come to the court.

would be a discussion you would have wi th the Clerk of Court. MS. TAITZ: Sure. And how long does it take to

THE COURT:

Ah.

Hold on, you know, because the

judges don't have to register in that way; we have separate t raining and everything. Let me check wi th court staff.

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So I'm going to go off the record for a minute.

Do

(Discussion off the record . ) THE COURT : Okay. We'll go back on the record.

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I'm so sorry.

I'm not certain, but I suspect that That's

it's a very short time before you would get a number. my understanding. know,

But I have to admit that I don't have, you

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experience that I can rely on in this regard. MS. TAITZ : Okay. Sure. No problem . Thank you very much, Your Honor. So I think that takes care of your

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Thank you. Okay.

THE COURT :

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request for ECF number.

Just go ahead and follow the

procedures on the court's website. I know that you folks have an upcoming hearing in front of Magistrate Judge Puglisi, and that is on -- is it the 14th of September; is that the date? THE CLERK : MS. TAITZ : THE COURT : Ten o'clock
Yes,
it is.

Okay.

And are you going to be appearing

by telephone on that date? MS. TAITZ : I believe I will be flying to Hawai'i

because I do have a lot of exhibits and I have new exhibits that I believe will be beneficial for the court to see. THE COURT : Okay. If you are planning to submit

exhibits, I think Judge Puglisi would find it helpful if you submitted those in advance; so MS. TAITZ : Yes, I'm doing it right now .

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THE COURT:

Okay.

Okay?

So does either side have

anything else they would like to raise? MS. NAGAMINE: Oh, Your Honor, yes, we would.

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It came to our attention this morning that the underlying case of Taitz versus Astrue was just dismissed. if the court would allow, And

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I did make a copy of that memorandum

opinion and that order for the court. THE COURT: Okay. Let me see it. Okay. Thank you.

Hold on, Miss Taitz.

I'm going to let you respond in

just a moment, but this is information not previously in the case file. So I have been handed a copy of an order in Civil Action 11-402 in the United States District Court for the District of Columbia. This is an order issued by the Chief and it says, "Upon

Judge of that district Royce Lamberth,

consideration of defendant's motion for summary judgment, plaintiff's opposition, the reply thereto, the entire record herein, and the applicable law, and for reasons set forth in it is hereby

the court's memorandum opinion issued this date,

ordered that defendant's motion for summary judgment is granted. Final judgment is hereby entered for defendant,

dismissing this case with prejudice." I have also been handed a memorandum opinion in which Judge Lamberth sets forth the background of the case and his discussion of your request and his review of the law.

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Okay.

So you agree that in an order filed today your

District of Columbia case was dismissed ; is that right? MS. TAITZ : Honor . Well, it's not final, as you know, Your

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When a judge issues an order granting somebody summary

judgment, the other party has a right to file a motion for reconsideration, and I'm clearly and surely will be filing a I have 10 days to do so. And due

motion for reconsideration. to the fact that I

received new information and more documents,

I have no doubt that my motion for reconsideration will be granted and this order will be reserved . I'm also -- I would be also filing a motion to stay the judgment in this case pending appeal. As you know, Your I don't know if

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Honor, this is a matter of national security.

you had an opportunity to read the case, but this is probably the most important case which you will ever have in your career and most important case ever existed in history of this nation. I have provided multiple sworn affidavits from expert witnesses, showing that what was recently posted on White House

dot-gov by Mr. Obama and was -- is claimed to be a certified copy of the original birth certificate of Mr. Obama is not and cannot possibly be a certified copy of any paper document. According to expert after expert after expert what is posted on White House dot-gov is a computer-generated composite consisting of different pieces of documents, different documents, and where they did not have bits and pieces they

filled it in with computer graphics . THE COURT : Okay. I'm going to stop you because this

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is not a hearing at which the merits of your position were scheduled to be discussed . administrative matters, Right now I want to talk about just

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and so my immediate concern is whether

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the hearing that Judge Puglisi has scheduled for September 14 should be rescheduled because you are seeking discovery in the District of Columbia case through the action you filed here in the District of Hawai'i, but since that action at present has been thrown out, notwithstanding your intention to move for reconsideration, I don't think that while the District of

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Columbia's action remains the law in that case, which is you have no case there, that Judge Puglisi can then consider a discovery request. MS. TAITZ: THE COURT: his hearing. If, Well, Your Honor So my thought is that I should reschedule you do not succeed on your

in fact,

reconsideration motion in front of Judge Lamberth, then that failure would render your action in the District of Hawai'i moot, and we would terminate your action here because it was to If

get information for use in the District of Columbia case.

you were to prevail on your reconsideration motion, then after that happened Judge Puglisi could consider whether or not to proceed with your motion to compel information and documents from the state.

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So my thought is at the moment because you are not contesting the fact of Judge Lamberth's granting summary judgment in favor of your opponents, that I should continue the hearing now set in front of Judge Puglisi for September 14th. MS. TAITZ: THE COURT: record, Okay. For what date, Your Honor? We're going to go off the Hold

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Well, hold on.

and I think maybe we need to call his chambers.

on one second. from him.

We're going to go off the record and get a date

(Discussion off the record.) THE COURT: Okay. We're going to go back on the

So we contacted Judge Puglisi's staff, given the date of Wednesday, October 26,

and we were

at 11:00 A.M. Hawai'i

time as an available hearing slot on his calendar. So if you are going to file your reconsideration motion, that would still give Judge Lamberth about a month. don't know what the briefing requirements in the District of Columbia are. If it turns out that he hasn't ruled by
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October 26th -- I mean maybe he's going to put this on for hearing and he doesn't even have it on calendar by that date then as soon as you know that you are not going to get a ruling from him by October 26th, stating that, calendar. could you please file a document

and then we will work out a new date on his

But what I'm saying is that it is appropriate to

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continue the hearing on the motion that is now pending before Judge Puglisi as long as your reconsideration motion has not been decided. Now, if it turns out that, ultimately, you do not

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file a reconsideration motion, then I need for you to tell me that by filing a one sentence statement to that effect here in the District of Hawai'i because at that point we are going to close this action. MS. TAITZ: Your Honor, I Okay? I understand. I have just two small technical

received an opposition from the Deputy Attorney It could be

General Miss Nagamine only yesterday evening.

because of the mail being slow going from Hawai'i to California. And since the hearing was rescheduled I would

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respectfully ask for more time for need to reply to her position. THE COURT: Hold on.
We've just received a message

that they need to change that date.

Okay?

So hold on,

and

then we'll talk about when your reply memo is due. So wait one second while I let my court staff get a new date from Judge Puglisi's staff. They're talking over the

telephone, Miss Taitz; so I also am mystified about the exact date. record. (Discussion off the record.) Just give me a moment. We're going to go off the

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THE COURT: Okay.

So back on the record. It

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Miss Taitz, we just received a new date. Hold on.

is Monday, November 21.

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(Court and courtroom manager conferring.) THE COURT: Monday, November 21, at 9:30 in the

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morning is the new hearing date. I will give you a new reply date. opposition memo. You just got it. So you got the

Can you provide your reply

memo by September 16? MS. TAITZ: THE COURT: Yes. Okay. So it is due on September 16,

briefing will then close, hands.

and it will be in Judge Puglisi's

It is possible that he may decide not to have a hearing. Our local rules do allow that. So, Miss Taitz,

before you get on a plane to fly here,

even assuming your

District of Columbia case is alive, which I'm saying is a predicate to any activity in the existing District of Hawai'i matter, but even assuming that, before you get on a plane you might want to check with the Clerk of Court as to whether Judge Puglisi has any thought that he might take the matter off the hearing calendar. As judges we sometimes do that just a few

days before a hearing, which is, you know, when we're burying ourselves in the papers for the motions that are coming up immediately, and at that time he may decide that; so -- or he

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may decide it long before then if ,

in fact,

he learns long

before then that your District of Columbia case is still

active.

So my point is I urge you to check before you incur

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the time and expense of flying here . MS. TAITZ : Sure. I also wanted to advise the court One is currently in

that there are two other legal actions. the state court, and Miss Nagamine,

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I believe, will be

submitting an answer on September the 1st or September the 2d, and it's a related case. And there's another case in federal I have requested state statute

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court that is coming that is also related .

the same information under the state statute, URCA.

And under -- and there is another case also relating to

the case. THE COURT : That may be, but I think that your

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request to get information from the State of Hawai'i, my recollection is that it cited use only in the District of Columbia case . Do you recall? for now, you know, you can -- I can't stop

Anyway,

you from filing things, but for now we have this new date of November 21 . Okay? Okay. Okay. Thank you very much, Your Honor. Thank you.

MS. TAITZ : THE COURT :

(Court recessed at 2 :3 5 P.M.)

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COURT REPORTER'S CERTIFICATE I, Debra Kekuna Chun, Official Court Reporter, United States District Court, District of Hawaii, do hereby certify that the foregoing is a true, complete, and correct transcript from the record of proceedings in the above-entitled matter. DATED at Honolulu, Hawaii, September 1, 2011.

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/s/ Debra Chun DEBRA KEKUNA CHUN RPR, CRR

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