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Taitz v. Obama
754 F. Supp. 2d 57
D.D.C.
2010
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Background

  • Taitz filed a lawsuit seeking a writ of quo warranto to determine the President's eligibility for office.
  • The court previously dismissed the first amended complaint on April 14, 2010.
  • On June 18, 2010, the court denied Taitz's first amended motion for reconsideration under Rule 59(e).
  • Taitz filed a second motion for reconsideration under Rule 60(b).
  • The court denies the motion, addressing arguments on quo warranto, FOIA, standing, honest services, Commerce Clause, and related theories

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Rule 60(b) relief is warranted for the quo warranto claims Keyes/Lightfoot have standing; reconsideration warranted Keyes/Lightfoot lack standing; amendment futile Denied
Whether Rule 60(b) relief is warranted for FOIA claims Requests misinterpreted; FOIA Exemption not applicable Claims fail due to failure to exhaust and privacy exemptions Denied
Whether new evidence supports standing Sanction letter and new naming information establish injury Sanction does not create causation/redressability; no new standing Denied
Whether a new honest services claim is viable under Rule 60(b) Sanction-related conduct constitutes deprivation of honest services No basis to raise new claim under 60(b) Denied

Key Cases Cited

  • Andrade v. Lauer, 729 F.2d 1475 (D.C. Cir. 1984) (only the Attorney General may bring quo warranto against public officials)
  • United States v. Carmody, 148 F.2d 684 (D.C. Cir. 1945) (actions against public officials brought by private parties are improper)
  • Twelve John Does v. District of Columbia, 841 F.2d 1133 (D.C. Cir. 1988) (Rule 60(b) and extraordinary relief standards apply)
  • Good Luck Nursing Home, Inc. v. Harris, 636 F.2d 572 (D.C. Cir. 1980) (Rule 60(b)(6) relief limited to extraordinary circumstances)
  • Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires concrete injury and causation/redressability)
Read the full case

Case Details

Case Name: Taitz v. Obama
Court Name: District Court, District of Columbia
Date Published: Dec 9, 2010
Citation: 754 F. Supp. 2d 57
Docket Number: Civil Action 10-151
Court Abbreviation: D.D.C.