CM/ECKaaB^:(!ia&\D^ee06M;gaif5bcu merit 38-2 Filed 01/13/2010 Page 1 cffage 1 of 7

APPEAL

U.S. District Court [LIVE AREA]

Georgia Middle District (Columbus)

CIVIL DOCKET FOR CASE #: 4:09-cv-00106-CDL

Internal Use Only

Rhodes v. MacDonald et al
Assigned to: Judge Clay D. Land

Case in other court: Eleventh Circuit Court of Appeals, 09-

15418BB

Cause: 15:5

Date Filed: 09/04/2009

Date Terminated: 09/16/2009

Jury Demand: Plaintiff

Nature of Suit: 440 Civil Rights: Other

Jurisdiction: U.S. Government

Defendant

Plaintiff

Connie Rhodes

Captain, M.D., F.S,

represented by Connie Rhodes

PRO SE

T certify that this docket sheet is a true
copy arid all attached documents are
true copies of the original papers or
electronic filings in this case.

HVio

Deputy Clerk

1

Cl O ^

V.

Defendant

Thomas D MacDonal

Colonel, Garrison Comm
Benning

Orly Taitz

Law Offices Of Orly Taitz Esq
26302 La Paz Ste 211
Mission Viego , CA 92691
949-683-5411

Email: dr_taitz@yahoo.com
TERMINATED: 09/28/2009
LEAD ATTORNEY
PRO HAC VICE
A TTORNEY TO BE NOTICED

represented by Rebecca Elaine Ausprung

U.S. Army Litigation Division
901 N STUART ST STE 400
ARLINGTON , VA 22203
703-696-1614
Fax: 703-696-8126

Email: rebecca.ausprung@us.army.mil

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Sheetul S. Wall

U.S. Attorney's Office
P.O. Box 2568
Columbus , GA 31902-2568

https://ecf.gamd.circll.dcn/cgi-bin/DktRpt.pl7838519452615886-L_961_0-l

01/13/2010

CM/ECICfefemT(B4vDtorliOeG©lM; gaififtcu m ent 38-2 Filed 01/1 3/201 0 Page 2 oF^e 2 of 7

Defendant
George Steuber

Deputy Commander, Fort Benning

Defendant

Robert M. Gates

Secretary of Defense

Defendant

Barack Hussein Obama

Movant
Orly Taitz

Movant
Victor M Serby

706-649-7700

Fax: 706-649-7667

Email: Sheetul.S.Wall@usdoj.gov

represented by Rebecca Elaine Ausprung

(See above for address)

LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sheetul S. Wall

(See above for address)

represented by Rebecca Elaine Ausprung

(See above for address)

LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sheetul S. Wall

(See above for address)

represented by Rebecca Elaine Ausprung

(See above for address)

LEAD ATTORNEY
A TTORNEY TO BE NOTICED

Sheetul S. Wall

(See above for address)
ATTORNEY TO BE NOTICED

represented by Orly Taitz

Law Offices Of Orly Taitz Esq
26302 La Paz Ste 211
Mission Viego, CA 92691
949-683-5411

Email: dr_taitz@yahoo.com
PRO SE

represented by Victor M Serby

255 Hewlett Neck Road
Woodmere, NY 11598-1452
516-374-2455
PRO SE

Date Filed

#

Docket Text

https://ecf.gamd.circ 1 1 .dcn/cgi-bin/DktRpt.pl?8385 1 94526 1 5886-L9610- 1

01/13/2010

CM/ECEM¥M:-O0T8vI®©t1-lM<Qfflit:gaiBd)Cument 38-2 Filed 01/13/2010 Page 3 oPIge 3 of 7

\Jo-t~ 1

09/04/2009

c

COMPLAINT filed by Connie Rhodes against all defendants; Filing Fee $
350, Receipt Number 812572 (Attachments: # 1 Exhibits)(tlf). (Entered:
09/04/2009)

09/04/2009

i

/Notice of Error in Filing (related document(s): 1 Complaint filed by Connie
Rhodes) (tlf). (Entered: 09/04/2009)

09/04/2009

Notification emailed to Orly Taitz regarding submitting a pro hac vice
petition, paying the $100.00 pro hac vice fee and associating local counsel,
(nop) (Entered: 09/04/2009)

09/04/2009

) MOTION for Temporary Restraining Order by Connie Rhodes filed by Orly
Taitz. (Attachments: # 1 Supplement, # 2 Affidavit Affidavit of a Licensed
investigator re 39 social security numbers and 140 addresses for Barack
Obama, # 3 Exhibit list of 140 addresses and 39 social security numbers for
Barack Obama)(Taitz, Orly) (Entered: 09/04/2009)

09/04/2009

) MOTION request for emergency hearing September 9-10 due to scheduled
deployment September 12 by Connie Rhodes filed by Orly Taitz.(Taitz,
Orly) (Entered: 09/04/2009)

09/08/2009

Notice of Error in Filing (related document(s): 3 Motion for TRO, filed by
Connie Rhodes, 4 Motion for Miscellaneous Relief filed by Connie Rhodes)
(tlf). (Entered: 09/08/2009)

09/09/2009

©

Summons Issued as to Thomas D MacDonald on 9/9/2009; George Steuber
on 9/9/2009; Robert M. Gates on 9/9/2009; Barack Hussein Obama on
9/9/2009, U.S. Attorney (G.F. Peterson, III) Summons Issued 9/9/2009. (esl)
(Entered: 09/09/2009)

09/10/2009

SUMMONS Returned Executed by Connie Rhodes as to Thomas D
MacDonald; George Steuber; Robert M. Gates; Barack Hussein Obama; and
G.F. Peterson III (U.S. Atomey) on 9/9/2009. (esl) (Entered: 09/10/2009)

09/10/2009

NOTICE of Hearing on Motion 3 MOTION for Temporary Restraining
Order, 4 MOTION request for emergency hearing; Motion Hearing set for
9/1 1/2009 02:00 PM in Columbus before Judge Clay D. Land, (pgs)
(Entered: 09/10/2009)

09/1 1/2009

MOTION to Dismiss Plaintiffs Complaint for Damages, Declaratory
Judgment, and Injunctive Relief and Application for TRO by Thomas D
MacDonald, George Steuber, Robert M. Gates, Barack Hussein Obama filed
by Sheetul S. Wall. (Attachments: # 1 Exhibit A Deployment Orders)(Wall,
Sheetul) (Entered: 09/1 1/2009)

09/1 1/2009

©

DEMAND for Trial by Jury by Connie Rhodes (tlf). (Entered: 09/1 1/2009)

09/11/2009

©

Request for judicial notice by Connie Rhodes (tlf). (Entered: 09/1 1/2009)

09/11/2009

Hearing set for 9/14/2009 12:00 PM in Columbus before Judge Clay D. Land
(tlf). (Entered: 09/1 1/2009)

09/1 1/2009

Minute Entry for proceedings held before Judge Clay D. Land, Columbus,
GA: Motion Hearing held on 9/1 1/2009 re 3 MOTION for Temporary

https://ecf.gamd.circll.dcn/cgi-bin/DktRptpl7838519452615886-L_961_0-l

01/13/2010

CM/ECEM¥E7O07SvE0©(tCl®Cyito:gaiBd)Cument 38-2 Filed 01/1 3/201 0 Page 4 oF3ge 4 of 7

VOL 1 C ONTD

Restraining Order, filed by Connie Rhodes. [Hearing continued] (tls)
(Entered: 10/21/2009)

09/14/2009

(in)

EXHIBIT(S) A Deployment Orders (redacted) by Thomas D MacDonald,
George Steuber, Robert M. Gates, Barack Hussein Obama re 8 MOTION to
Dismiss Plaintiffs Complaint for Damages, Declaratory Judgment, and
Injunctive Relief and Application for TRO (Wall, Sheetul) (Entered:
09/14/2009)

09/14/2009

(Court only) ** terminated 4 MOTION request for emergency hearing
September 9-10 due to scheduled deployment September 12 filed by Connie
Rhodes (tlf). (Entered: 09/14/2009)

09/14/2009

@

Minute Entry for proceedings held before Judge Clay D. Land: Motion
Hearing held on 9/14/2009. Written Order to follow (Attachments: # 1
Exhibits) (tlf). (Entered: 09/15/2009)

09/16/2009

(l3)

ORDER denying 3 Motion for TRO; granting 8 Motion to Dismiss. Ordered
by Judge Clay D. Land on 09/16/2009. (CGC) (Entered: 09/16/2009)

09/16/2009

(h)

JUDGMENT in favor of Defendants, (esl) (Entered: 09/16/2009)

09/17/2009

(15/

BRIEF Request for stay of deployment pending motion for reconsideration of
judgment filed by Connie Rhodes re 13 Order on Motion for TRO, Order on
Motion to Dismiss, 14 Judgment (Taitz, Orly) (Entered: 09/17/2009)

09/17/2009

Attorney Orly Taitz admitted pro hac vice as of 9/14/09 for Cpt. Connie
Rhodes. Pro hac vice fee paid 9/14/09 $100.00 Recept #404677. (nop)
(Entered: 09/17/2009)

09/18/2009

(m)

Notice of Error in Filing (related document(s): 15 Brief filed by Connie
Rhodes) (tlf). (Entered: 09/18/2009)

09/18/2009

(jyZy

ORDER denying 15 Motion for Stay of Deployment filed by Connie Rhodes.
Ordered by Judge Clay D. Land on 09/18/2009. (CGC) (Entered:

09/1 8/2009)

09/18/2009

©

Letter from plaintiff regarding withdrawal of motion to stay (tlf), (Entered:
09/18/2009)

09/26/2009

©

MOTION to Withdraw as Attorney by Connie Rhodes filed by Orly Taitz.
(Taitz, Orly) (Entered: 09/26/2009)

09/28/2009

Notice of Error in Filing (related document: 19 Motion to Withdraw as
Attorney filed by Connie Rhodes ). DOCUMENT IS NOT SIGNED AND
MUST BE RE-FILED ONCE EXECUTED WITH AN "S/signature",
(esl) (Entered: 09/28/2009)

09/28/2009

(€)

MOTION to Withdraw as Attorney by Connie Rhodes filed by Orly Taitz.
(Taitz, Orly) (Entered: 09/28/2009)

09/28/2009

TEXT ONLY Notice of Error in Filing (related document: 20 Motion to
Withdraw as Attorney filed by Connie Rhodes ). SIGNED CERTIFICATE
OF SERVICE IS MISSING FROM DOCUMENT. PLEASE E-FILE
AN EXECUTED CERTIFICATE OF SERVICE AND LINK IT BACK

https://ecf.gamd.circ 1 1 ,dcn/cgi-bin/DktRpt.pl?83 85 1 94526 1 5886-L_96 1_0- 1

01/13/2010

CM/ECea$¥0^rSyIfi9tta$€aatt:gdad)Cument 38-2 Filed 01/13/2010 Page 5 oPIge 5 of 7

VOL l CONTD

TO DOCUMENT 20 . Failure to include service on Plaintiff will result in
another Notice of Error in Filing, (esl) (Entered: 09/28/2009)

09/28/200 9

(Court only) ***Motion terminated: 19 MOTION to Withdraw as Attorney
filed by Connie Rhodes. Document re-filed (see document # 20). (esl)
(Entered: 09/28/2009)

09/28/2009

( 21 )

ORDER granting 20 Motion to Withdraw as Attorney with conditions (see
order for explanation). Attorney Orly Taitz terminated. Ordered by Judge
Clay D. Land on 09/28/2009 (esl) (Entered: 09/28/2009)

09/29/2009

MOTION to Withdraw as Attorney by Connie Rhodes filed by Orly Taitz.
(Taitz, Orly) (Entered: 09/29/2009)

09/30/2009

(Court only) ***Motion terminated as moot: 22 MOTION to Withdraw as
Attorney filed by Connie Rhodes, (esl) (Entered: 09/30/2009)

10/02/2009

©

TRANSCRIPT of Proceedings held on 9/14/2009, before Judge Clay D,
Land. Court Reporter/Transcriber Betsy Peterson. Transcript may be viewed
at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER.
IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to
remove personal identifier data from the transcript, a party must
electronically file a Transcript Redaction Request with the Clerk's Office
within 21 calendar days of this date. The Policy governing the redaction of
personal information is located on the court website at
www.gamd. uscourts.gov. Read this policy carefully. If no Transcript
Redaction Request is filed within 21 calendar days of this date, the court will
assume redaction of personal identifiers is not necessary and the transcript
will be made available via PACER 90 days from today's date. (Peterson,
Betsy) (Entered: 10/02/2009)

UL

3

10/02/2009

( 24 )

MOTION for Recusal by Connie Rhodes filed by Orly Taitz.(Taitz, Orly)
(Entered: 10/02/2009)

10/02/2009

©

MOTION for Extension of Time to File response, by Connie Rhodes filed by
Orly Taitz. (Taitz, Orly) (Entered: 1 0/02/2009)

10/04/2009

(2)

EXHIBIT(S) by Connie Rhodes re 24 MOTION for Recusal (Attachments: #
I Affidavit Affidavit of Robert Douglas, # 2 Affidavit Affidavit of Robert
Douglas 2)(Taitz, Orly) (Entered: 1 0/04/2009)

10/05/2009

(Court only) ***Motion(s) Submitted: 25 MOTION for Extension of Time to
File response, (tls) (Entered: 10/05/2009)

10/07/2009

(27)

TRANSCRIPT of Proceedings held on 9/1 1/2009, before Judge Clay D.
Land. Court Reporter/Transcriber Betsy Peterson. Transcript may be viewed
at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER.
IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to
remove personal identifier data from the transcript, a party must

A

https://ecf.gamd.circll.dcn/cgi-bin/DktRpt.pl7838519452615886-L_961_0-l

01/13/2010

CM/ECE^B^OS&\B0M06€!SD!fcgaiEa)Cument 38-2 Filed 01/1 3/201 0 Page 6 oPTge 6 of 7

VOl ! contd

electronically file a Transcript Redaction Request with the Clerk’s Office
within 21 calendar days of this date. The Policy governing the redaction of
personal information is located on the court website at
www.gamd.uscourts.gov. Read this policv carefully. If no Transcript
Redaction Request is filed within 21 calendar days of this date, the court will
assume redaction of personal identifiers is not necessary and the transcript
will be made available via PACER 90 days from today's date. (Peterson,
Betsy) (Additional attachment(s) added on 10/8/2009: # 1 Corrected
signature page) (esl). (Entered: 10/07/2009)

10/13/2009

( 28 )

ORDER denying 24 Motion for Recusal; denying 25 Motion for Extension
of Time. Ordered by Judge Clay D. Land on 10/13/2009. (Ira) (Entered:
10/13/2009)

10/13/2009

(Court only) Set Deadlines: filing of government brief and payment of $
20,000 sanction due no later than 11/13/2009. (esl) (Entered: 10/13/2009)

10/13/2009

(Court only) CERTIFICATE OF SERVICE tor document 28 Sanctions
Order I certify that on this date I have mailed by United States Postal Service
a copy of 28 Order to the State Bar of California (tlf). (Entered: 10/13/2009)

10/13/2009

(Court only) ***Party Orly Taitz added as a movant, (tls) (Entered:
10/23/2009)

1 0/20/2009

( 29 )

NOTICE OF APPEAL as to 21 Order on Motion to Withdraw as Attorney,
13 Order on Motion for TRO, Order on Motion to Dismiss, 14 Judgment, 17
Order, 28 Order on Motion for Recusal, Order on Motion for Extension of
Time (Misc) by Connie Rhodes. Filing fee $ 455, Receipt No.:

1 13G0000000000831915. (Taitz, Orly) (Entered: 10/20/2009)

10/21/2009

(Court only) ***Remark No Number: Minute Sheet for 9/1 1/09 was filed
today. It is Document #30, and follows Document #10. (tls) (Entered:
10/21/2009)

10/23/2009

31

Letter of Transmittal re 29 Notice of Appeal,. Certified Copy of Notice of
Appeal, Docket Sheet, Order appealed from. NOTICE: A Civil Appeal
Statement must be filed with the Court of Appeals. A copy of this form may
be obtained from the District Clerk's Office or the district court internet site
(www.gamd.uscourts.gov). (tls) (Entered: 10/23/2009)

10/23/2009

32

Letter to Dr. Orly Taitz regarding transcript order form as to 29 Notice of
Appeal, (tls) (Entered: 10/23/2009)

10/23/2009

(Court only) CERTIFICATE OF SERVICE for document 32 Letter of
Transmittal - Other I certify that on this date I have mailed by United States
Postal Service a copy of 32 Letter and a Transcript Information Form to Dr.
Orly Taitz. (tls) (Entered: 10/23/2009)

10/23/2009

33

MOTION for Leave to File an amicus curiae brief filed by Victor M Serby
(Attachments: # I Amicus Brief, # 2 Envelope) (tlf). (Entered: 10/23/2009)

1 0/29/2009

34

USCA Case Number re 29 Notice of Appeal (tlf). (Additional attachment(s)
added on 1/8/2010: # 1 USCA Letter to Orly Taitz - 10/27/09) (tls). (Entered:
10/29/2009)

https://ecf.gamd.circll.dcn/cgi-bin/DktRpt.pl7838519452615886-L_961_0-l

01/13/2010

CM/ECK^Bt4{IS.&\B0M06GSait:gaiEl!bcu merit 38-2 Filed 01/1 3/2010 Page 7 oP^e 7 of 7

VOL / CONTD

11/10/2009

©

BRIEF by Defendant in Response to the Court's Order dated October 13,

2009 filed by Thomas D MacDonald, George Steuber, Robert M. Gates,

Barack Hussein Obama re 28 Order on Motion for Recusal, Order on Motion
for Extension of Time (Misc) (Wall, Sheetul) (Entered: 1 1/10/2009) W (

11/13/2009

36

ORDER for final judgment against Orly Taitz. Ordered by Judge Clay D.
Land on 11/13/09. (tls) (Entered: 11/13/2009)

11/13/2009

37

JUDGMENT against Orly Taitz. (tls) (Entered: 1 1/13/2009)

11/17/2009

(Court only) ***Deadlines terminated for redaction requests, transcript
information form, redacted transcript, brief, and fee. (tls) (Entered:
11/17/2009)

01/04/2010

(Court only) ***Motion(s) Submitted: 33 MOTION for Leave to File an
amicus curiae brief (tls) (Entered: 01/04/2010)

01/05/2010

(Court only) ***Motion(s) terminated as moot: 33 MOTION for Leave to
File an amicus curiae brief filed by Victor M Serby. (tls) (Entered:
01/05/2010)

01/06/2010

(Court only) ***Deadlines terminated for transcript release for 23 Transcript,
(tls) (Entered: 01/06/2010)

01/12/2010

(Court only) ***Deadlines terminated for release of 27 transcript, (tls)
(Entered: 01/12/2010)

https://ecf.gamd.circll.dcn/cgi-bin/DktRptpl7838519452615886-L_961_0-l

01/13/2010