Oh, For Goodness Sake

Donofrio, Pidgeon (Car Dealers) Reconsideration—DENIED

In December, when I first heard about this case, I wondered how these two Birther attorneys would introduce Birtherism into a case about car dealers dropped by Chrysler during the automobile industry restructuring.

My eyes glaze over at this business law stuff, so I may have missed something, but I believe Donofrio, Pidgeon never did any Birfing in this case, as originally promised and widely applauded on right wing sites.

The Defense in filing its Objection, however, provided a footnote:

Given their extreme lateness and the absence of any new development in the record or law, it is unclear what has motivated the Movants’ sudden change of heart and request for relief at this late juncture. Although the Debtors have no independent knowledge of these matters, the Debtors have taken note of certain public statements connecting the Motion to a crusade involving the Movants’ counsel to challenge Barack Obama’s legitimacy as President of the United States. For example, one report has stated:

Birthers are launching yet another scheme to challenge President Obama’s legitimacy as President of the United States. The scheme involves a legal maneuver known as “quo warranto,” a prerogative writ requiring the person to whom it is directed to show what authority he has for exercising some right or power (or “franchise”) he claims to hold. This new attempt to get at Obama is a circuitous affair, centering on the Chrysler bailout, and Obama’s authority to use Troubled Asset Relief Program funds to bail out Chrysler. Former Chrysler dealers who lost their businesses as part of the restructuring of the automobile company are filing a legal challenge to that restructuring in bankruptcy court. . . . The attorneys of record are . . . Leo Donofrio . . . and Stephen Pidgeon.

Michael Stone, Quo Warranto: Return of the Birthers, EXAMINER.COM, (last visited January 6, 2010); see also Bob Unruh, Closed Chrysler Dealers to Drive Obama’s Eligibility, WORLDNETDAILY, Dec. 8, 2009, (“Two lawyers have joined forces to assemble a case challenging in U.S. bankruptcy court the federal government’s . . . bail out [of] Chrysler and in doing so may have created a scenario that finally will bring to a head the issue of Barack Obama’s eligibility to be [P]resident.”)

In a Response, Donofrio, Pidgeon requested the footnote be stricken:

In that Footnote, Debtors’ Counsel improperly attempts to psychoanalyze the motivations of our clients in bringing the Motion to Reconsider by making reference to news reports which discuss non-related Constitutional causes which have absolutely nothing to do with the Motion before the Court. Footnote 13 is an entirely improper attack upon Movants’ and their Counsel by way of reference to controversial lawsuits which Movants’ Counsel have been involved with. Such distractions serve no purpose before this Court other than to distract, confuse, and delay justice by throwing dirt in the Court’s eyes.

Yesterday, Chief US Bankruptcy Court Judge Arthur J. Gonzalez, in the Southern District of New York, ignoring the Birther sideshow, issued an Order based on pleadings—Donofrio, Pidgeon never asked for a hearing—denying the Motion to Reconsider and an accompanying Opinion. The reconsideration motion had alleged a “fraud on the court” perpetrated by Judge Gonzalez due to “reckless disregard for the truth.”

While the Movants argue that the Court overlooked certain facts and case law, they then cite to the Court’s reference to the same facts and cases in the Court’s Opinion. In other words, for the basis of what they allege the Court overlooked, the Movants cite to the Opinion itself.

Thud.

02/05/2010 6342 Order signed on 2/5/2010 denying Rejected Dealers’ motion for reconsideration of the June 9, 2009 rejection order and the June 19, 2009 rejection opinion (Related Docs # 6132 [RECAP] and 6341 ). (DePierola, Jacqueline) (Entered: 02/05/2010)

02/05/2010 6341 Opinion signed on 2/5/2010 denying Rejected Dealers’ motion for reconsideration of the June 9, 2009 rejection order and the June 19, 2009 rejection opinion (related document(s) 6132[RECAP] ). (DePierola, Jacqueline) (Entered: 02/05/2010)

02/04/2010 6340 Affidavit of Service of Steven Indelicato (related document(s) 6312 ) filed by Epiq Bankruptcy Solutions LLC.(Baer, Herbert) (Entered: 02/04/2010)