Oh, For Goodness Sake

From Jack Ryan’s Scribd:

10/09/2012 20 NOTICE OF MOTION AND MOTION to Dismiss Defendant William M Gardner, Ballot Law Commission of State of Hew Hampshire filed by Defendant William M Gardner, Ballot Law Commission of State of Hew Hampshire. Motion set for hearing on 11/12/2012 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Rojo, Richard) (Entered: 10/09/2012)

The New Hampshire defendants, by and through undersigned counsel, hereby specially appear and move this Court pursuant to Federal Rules of Civil Procedure 12(b )( 5) and 12(b )(2)for an order dismissing plaintiffs’ action against them with prejudice. This motion is made on the grounds that this Court lacks personal jurisdiction over plaintiffs’ claims against the New Hampshire defendants and that plaintiffs have failed to properly serve the New Hampshire defendants.

Gee, there’s a surprise.

Indeed, the use of an alleged co-conspirator’s acts to establish venue is frowned upon in that the “Supreme Court has labeled the conspiracy doctrine in
the venue context as having ‘all the earmarks of a frivolous albeit ingenious attempt to expand [venue].”‘ In reNew Motor Vehicles Canadian Export, 307 F. Supp 2d 145, 158 (D.Me. 2004)(quoting Bankers Life Cas. Co. v. Holland, 346 U.S. 379, 384; 74 S.Ct. 145, 98 L.Ed. 106 (1953)).

Plaintiffs make no allegation that the New Hampshire defendants have committed any acts within the district. More critical is that plaintiffs have not
alleged that venue is appropriate in this district. Furthermore, plaintiffs have asserted no specific grounds under which the New Hampshire defendants
participated in a multidistrict conspiracy. Again a mere allegation that New Hampshire should have somehow done more with regard to identification documents does not constitute sufficient grounds to establish a nationwide conspiracy. See e.g. Butchers Union. 788 F.2d at 539. Plaintiffs’ vague allegations against New Hampshire defendants cannot be sufficient to drag the state defendants thousands of miles outside of New Hampshire and bear the cost of defending an action that has already been adjudicated in New Hampshire.

Plaintiffs, to include among others, Attorney Orley Taitz and three New Hampshire representatives, bring an action against a hodgepodge of parties alleging an assortment of various claims. The mishmash of claims arise out of a belief that President Obama is not a natural born citizen of the United State and allege a multitude of wrongdoing to include fraud, conspiracy, defamation, etc.

Plaintiffs include vaguely defined claims against the New Hampshire Secretary of State and the New Hampshire Ballot Law Commission (BLC) which allege fraud, complicity and negligence. See First Amended Complaint, (~~40, 174 -189).1

And that’s the nicer stuff she’s said about them.

… this assistant Sec of State, Attorney General, Sec of State and 5 appointee puppets on the committee are nothing but lying traitorous scum, which will be standing trial for fraud, forgery and treason. As a reminder, penalty for treason- is life in prison or death penalty. That what all of them deserve together with Obama, Pelosi, Onaka, Fuddy and a few corrupt judges.

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