Case 9:15-cv KAM Document 21 Entered on FLSD Docket 09/03/2015 Page 1 of 3

Transcription

1 Case 9:15-cv KAM Document 21 Entered on FLSD Docket 09/03/2015 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Palm Beach Division LARRY KLAYMAN Plaintiff, v. BARACK HUSSEIN OBAMA, ET AL. Civil Action No. 9:15-cv Defendants. NOTICE OF FILING AND REQUEST FOR EMERGENCY STATUS CONFERENCE As set forth in the attached Exhibit A, Plaintiff has expeditiously served Defendants in a number of ways: by U.S. Certified Mail and/or in person. The reason for the expedited service on Defendants is that Congress will soon be voting, on or before September 17, 2015, on whether to ratify the nuclear treaty with Iran. Just yesterday, the Obama White House announced that it has the 34 Senate votes needed to uphold Obama's veto, if one becomes necessary, of a resolution of disapproval Republicans are trying to pass this month. As Plaintiff has pled and as set forth in his Complaint and Plaintiff s Expedited Response To Judge s Inquiry (Docket Nos. 1 and 7), Defendants have nullified, abrogated, and violated the U.S. Constitution s absolute requirement to approve this treaty by a two-thirds vote of the U.S. Senate. Indeed, now it would appear that even the illegal so-called Corker Bill (Public Law ), which violates the treaty approval provision of the U.S. Constitution, will not be effected since Democrats in Congress say they will filibuster it so that no vote will ever occur, however unconstitutional and illegal. The reason is so no senator or congressman will ever go 1

2 Case 9:15-cv KAM Document 21 Entered on FLSD Docket 09/03/2015 Page 2 of 3 on the record of supporting the highly unpopular Iran nuclear treaty to further their re-elections in 2016 and beyond since the Iran treaty is enormously opposed by the American people and their constituents. The only reason Democrats are taking this position is out of loyalty to President Obama and the Democratic Party establishment. Accordingly, it is respectfully incumbent on this Court to issue a ruling, in whatever form, setting forth that the failure to properly ratify the Iran treaty is illegal under the U.S. Constitution. Just yesterday, Senator Marco Rubio, to avoid legal and political responsibility for having violated Plaintiff s rights by having voted for the Corker Bill, disingenuously claimed that the Iran nuclear treaty is not a treaty at all under law or the U.S. Constitution. This underscores why this Court must now move quickly to rule on this issue and the requirement under Article II, Section 2, Clause 2 of the U.S. Constitution that the Iran nuclear treaty must, by law, be ratified by a two-thirds vote of the U.S. Senate. For this reason, Plaintiff respectfully requests an emergency status conference with all the parties who have already been served to discuss crafting a procedure whereby Defendants will be ordered to respond to the Complaint expeditiously so that this Court may issue declaratory ruling on the illegality of Defendants and Congress actions. Dated: September 3, 2015 Respectfully submitted, /s/ Larry Klayman Larry Klayman, Esq. FL Bar No W Palmetto Park Rd. Unit Boca Raton, FL (310) leklayman@gmail.com 2

3 Case 9:15-cv KAM Document 21 Entered on FLSD Docket 09/03/2015 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that the foregoing was served upon the Defendants by first-class Express U.S. Mail, postage-prepaid, on this September 3, Ms. Loretta Lynch, Esq. Attorney General of the United States 950 Pennsylvania Avenue, N.W. Washington, D.C Mr. Wifredo A. Ferrer, Esq. United States Attorney U.S. Attorney's Office 500 South Australian Avenue. Suite 400 West Palm Beach, Florida Mr. Barack Hussein Obama President The Residence The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C Defendant Mr. Marco Rubio United States Senator 4580 PGA Boulevard, Suite 201 Palm Beach Gardens, Florida Defendant Mr. Bill Nelson United States Senator 413 Clematis Street, Suite 210 West Palm Beach, Florida Defendant Mr. Patrick Murphy United States Congressman 2000 PGA Boulevard, Suite A3220 Palm Beach Gardens, Florida Defendant Respectfully submitted, /s/ Larry Klayman Larry Klayman, Esq. 3

4 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 1 of 14 Exhibit A

5 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 2 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Palm Beach Division LARRY KLAYMAN Plaintiff, v. BARACK HUSSEIN OBAMA, ET AL. Civil Action No. 9:15-cv Defendants. AFFIDAVIT OF SERVICE 1. My name is Jonathan Moseley, I am over 18 years old. I am an adult citizen of the United States. I have personal knowledge of the facts stated in this declaration. 2. On July 31, 2015, I served the Summons issued by the Clerk of Court to each Defendant with a true and accurate copy of the full Complaint for Klayman v. Obama (No ) attached to the Summons, postage prepaid via the United States Postal Service s Certified Mail ( U.S. Certified Mail ) service with Priority Mail delivery upon the following individuals, sending each Summons addressed to each Defendant to the appropriate Defendant: A) President Barack Obama B) Senator Marco Rubio C) Senator Bill Nelson D) Congressman Patrick Murphy 1

6 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 3 of On August 4, 2015, I also served additional copies of the foregoing Summons addressed to the named Defendants named above with Complaint attached for Klayman v. Obama (No ) via the U.S. Certified Mail upon the following individuals: A) U.S. Attorney General Loretta E. Lynch B) U.S. Attorney for the Southern District of Florida Wilfredo Ferrer. 4. Furthermore, I also requested and received additional Summons addressed directly to: A) U.S. Attorney General Loretta E. Lynch B) U.S. Attorney for the Southern District of Florida Wilfredo Ferrer. and the Clerk issued those two additional summons on August 6, In addition to the foregoing service, on August 19, 2015, I also further served the Summons issued by the Clerk of Court to (A) U.S. Attorney General Loretta E. Lynch and (B) U.S. Attorney for the Southern District of Florida Wilfredo Ferrer with a true and accurate copy of the full Complaint for Klayman v. Obama (No ) attached to the Summons, postage prepaid via the United States Postal Service s Certified Mail ( U.S. Certified Mail ) service with Priority Mail delivery, sending each Summons addressed to each official described in this paragraph to the respective official. 6. Returns of service were filed on August 25, See Docket No Domestic Return Receipts were received for all individuals identified in Paragraphs 2 and 3 except for Mr. Wilfredo Ferrer. Copies of the respective Domestic Return Receipts have been attached as Exhibit 1 to this affidavit. 2

7 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 4 of In addition to service by U.S. Certified Mail, our office caused copies of the Summons and the Complaint to be personally served by a professional process server upon Senator Marco Rubio, Senator Bill Nelson, and Congressman Patrick Murphy. See Exhibit Plaintiff also attempted to have a copy of the summons and complaint personally served upon President Obama, but was told at the White House that service on President Obama was only allowable by U.S. Certified Mail and not in person. See Exhibit 3. President Obama has been so served. 10. I am a permanent resident of Lake Placid, Florida, in Highlands County. I undertook these actions stated above initiated and caused from Prince William County in the Commonwealth of Virginia which is also the legal jurisdiction under which I now swear to this affidavit. Pursuant to 28 U.S.C. 1746, I, Jonathon A. Moseley, hereby declare under penalty of perjury that the foregoing is true and correct: Dated: September 3, 2015 /s/ Jonathan Moseley Jonathan Moseley 3

8 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 5 of 14 Exhibit 1

9 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 6 of 14 SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3.. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space 1S:;~drese:j (;tie ()i-: li/~ C!RIrur~J st :/!--;;;/v ~,P~/~g~tl~Ft?]f70/ Article Number (Transfer from servi"" Ioholl PS Form 3811, April 2015 PSN D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type o Adult Signature o Adult Signature Restricted Delivery Certified Mail. Certified Mail Restricted Delivery Collect on Delivery ~ - _. 'ry Restricted Delivery 5727 I (over $500) eetrlcted Delivery o Priority Mail Express o Registered Mail o Registered Mail Restricted Delivery o Return Receipt for Merchandise o Signature Confirmation o Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if 1.Ar;d~~ 0;. Ac~ lj De~1M-Or-ct--~GC 1!?D 'P-e-n~'y'lv1V';-'" hvtrnw yj~5kl~/pv~'53'b 1/11/ "2"-']; D. Is delivery address different from item 1? If YES, enter delivery address below: 0 No 3. Service Type 0 Priority Mail Express Adult Signature 0 Reglsteied Mail Adult Signature Restricted Delivery 0 Registered Mail Restricted Certified Mali Delivery Certified Mall Restricted Delivery 0 Return Receipt for Coliect on Delivery _ Merchandise Coliect on Delivery Restricted DeliverY 0 Signature Confirmation : o Insured Mail 0 Signature Confirmation Restricted Delivery Restricted Delivery PS Form 3811, April 2015 PSN Domestic Return Receipt

10 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 7 of ~------~' SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space permits. '?i~f~tt7j~ Pa(V1/ f5e~icu~1l3)lf6rr D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type o Adult Signature dult Signature Restricted Delivery ifiedmail ertified Mail Restricted Delivery o Collect on Delivery --=2:--. ""A:--rt::-ic""le~N:--u-m-:-b-er-(7i-=~:--a-n-s~:-er-"-:-ro-f7l-s-erv--:-"c-e"7'a...,b- e "C"O-----I 0 Collect on Delivery Restricted Delivery - I Mail J~)ilRestrictedDelivery Priority Mail Express o Registered Mail o Registered Mail Restricted Delivery o Return Receipt for Merchandise Signature Confirmation TM o Signature Confirmation Restricted Delivery <~.~; :l ~ '~:~.,:~,;~- PS Form 3811, April 2015 PSN Domestic Return Receipt SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, p;;::g;r:c{ or on the front if space permits. Obe71rl "- /60'0 peljtr.5r/vii"~(~~~ V(ljh/~~ Dc ~o~, ::J I Restricted Delivery Priority Mail Express Registered Mail o Registered Mail Restricted Delivery o Return Receipt for Merchandise Signature ConfirmationTM o Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN Domestic Return Rp.ceipt

11 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 8 of 14 SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space permits. 1. S;~d:re:M: o:0 (Gv~t» lf~ pea- BOIJ!;:~ I ~I SVI'"rc-- IX- ) Ptd ~ 8e~~CphPL3JY/~ D. Is differentfrom item 1? IfYES. enter delivery address below: ~~ ~~=~~i:;~===:rf:=restric=ted De=IiVery =~==:~f~:=:~~i~ex=~:f';::=t:cted ~ertifiedmail Delivery tj"'certifiedmailrestricteddelivery 0 ReturnReceiptfor ----=---::-::-;--:-:--~-_=---;-_;_----:-~-,--:------l Collecton Delivery Merchandise 2. Article Number (Transfer from service label) 0 Collecton DeliveryRestrictedDelivery SignatureConfirmation n 'no"'9d Mail 0 SignatureConfirmation , ~~)ii RestrictedDelivery RestrictedDelivery ~~--~~~====~~--~------:~--~--~ PS Form 3811, April 2015 PSN Domestic '~6t'Jrn Rec,,;,.,~

12 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 9 of 14 Exhibit 2

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16 Case 9:15-cv KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 13 of 14 Exhibit 3

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