Third Party Delegate Lawsuit in Dire Straits, Judge Carter Issues Order to Show Cause

“Truth gains more even by the errors of one who, with due study and preparation, thinks for himself, than by the true opinions of those who only hold them because they do not suffer themselves to think…”

John Stuart Mill, On Liberty

The Delegate lawsuit may be in serious trouble.

It looks as if an appeal was filed before a ruling was made on the Second Amended Complaint. According to the Civil Minutes from the chambers of the Honorable David O. Carter, the attorney for the delegates, Richard Gilbert,  filed a Second Amended Complaint and an Appeal at the same time.

You can read the judge’s Order to Show Cause here:

Proceedings In Chambers: Order to Show Cause

If you’ve been following this case, you should know that the Court granted the Republican National Committee’s Motion to Dismiss on August 7, 2012. You can view that here:

Order Granting Motion to Dismiss Without Prejudice

This presents a major problem: the Appellate court has jurisdiction over an action only after a final judgement has been made. Therefore, the Court wants to know: if there is an appeal, does that mean that Gilbert is accepting the Order Granting the Motion to Dismiss as the FINAL judgement in the case?

Simply put, you can’t appeal before a judgement has been made.  Judge Carter gave the delegates the opportunity to file a Second Amended Complaint when he dismissed without prejudice. Rather than doing just that, an appeal was filed as well. If Gilbert’s team accepts the Order Granting Motion to Dismiss as appealable, the Central District court no longer has jurisdiction to rule on anything associated with the case, including the Ex Parte Motion to Expedite.

That could mean no judgment before the National Convention. It could also mean that this is over for everyone, including those who would wish to ask the court these questions in the future.

If Gilbert doesn’t file a response or show sufficient cause by 9 A.M. tomorrow morning, it will be finished. Carter has said that he will rule to Dismiss with Prejudice, which means that this can never be argued in Federal Court again.

“The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.” 

John Stuart Mill, On Liberty

About angiedavidson75

mama,political activist, cat lover, free thinker
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19 Responses to Third Party Delegate Lawsuit in Dire Straits, Judge Carter Issues Order to Show Cause

  1. Stacy dePinto says:

    You got the scoop Angie once again..Excellent work !

  2. Barb Denofa says:

    How can you file an amended complaint in one court and file an appleal on the same case when the amended complaint has not even been heard by the court.. And so many have their hopes hanging on this.. I hope everyone understands the consequences of the judges ruling on this a dismissed WITH prejudice.. The case that should of never happened

  3. JO says:


    • I think that’s called slander and libel, Jo, and you must not seem to realize that WordPress gives me your email address and I.P . Who doesn’t think or reason well? FYI, I am studying Substance Abuse Counseling. Try again.

      And try spell check as well.

    • Barb Denofa says:

      What low life.. who posts crap like this JO.. you must be the alcholic.. and the disinformation is sprewed by people like you.. the court documents are available to all.. thry using some intelligence and access them..

  4. Dave says:

    From what I’ve seen Angie has provided some of the best and most balanced coverage of this issue I’ve seen anywhere.

    • Thank you. I try to report the truth, even if we don’t like it. That is what makes us different from the establishment. We understand the value. “Truth is treason in the empire of lies.” -Dr Paul

  5. Perish the thought, but could someone have gotten to the judge?…

    • Barb Denofa says:

      No.. Richard Gilbert filed his amended complaint in Judge Carters court, and next day filed an Appeal.. you can’t file an appleal on the same case before it is ruled on..

    • JO says:

      There was a case in 2009 you may wish to research, and DOC’s subsequent appointment and ruling. Of course, it was involving our dictator-to-be. Certification of “Constitutional ‘Natural Born Citizen'” was Not Proven, but Carter Ruled Outside His Normal Adherence to Constitutional Requirements. We Are In A Battle Between Good and Evil.

  6. Jahkillian says:

    Are you sure Richard filed a “Appeal” and not a “Appellate?” You might not be correct here.

    • His response explains that. It had not shown up yet in the system. If you read the Order, the Judge clearly calls it an appeal. Gilbert says that it is an Appellate Writ, in his response.

  7. Michelle Martin says:

    Thank you, Angie, for giving us ALL the information to read for ourselves. It is easy for those who are hanging their hats on this to see things in a different light, because they are putting all their eggs in one “basket”, so to speak. I understand the need to hold out hope, but sometimes we need to see things for what they are or we risk losing everything. I sure am relieved that we were NOT relying on this at the convention, contrary to popular belief, there are plans in place – they are just not being advertised everywhere.

  8. Daniel says:

    The writer of this article doesn’t have a clue what is going on. Richard did not file an appeal. It was an Appellate Writ which orders that the judge must make a decision on the matter before the convention. This isn’t over. Richard is meeting with the judge today at 9:00 Pacific. It’s quite possible that the judge could rule in his favor today.

  9. Pingback: Third Party Ron Paul Delegate Lawsuit Dismissed With Prejudice | THE JEENYUS CORNER « The Jeenyus Corner

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