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Lawsuit against DNC by Florida activist continues, files "Certificate of Readiness (9/2/08)"

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:05 PM
Original message
Lawsuit against DNC by Florida activist continues, files "Certificate of Readiness (9/2/08)"
I need someone to clue me in on what the hell a "Certificate of Readiness" is. Does it mean they are ready to go to court? Again and again and again?

They filed a "certificate of readiness" on September 2.

Appellate Court Documents (second appeal)
E-CIP Filed (filed 6/16/08)
Certificate of Interested Persons (filed 7/8/08)
DIS-2 (Letter to district court enclosing dismissal order) issued (filed 7/11/08)
Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant failed to file a Transcript Order Form within the time fixed by the rules.(filed 7/11/08)
CASE CLOSED - no prosecution (filed 7/11/08)
E-Brief Tendered: Appellant by Michael A. Steinberg (filed 7/21/08)
Motion to Reinstate Appeal.: (Atty: Michael A. Steinberg) (filed 7/23/08)
Amended Motion to Reinstate Appeal: (Atty: Michael A. Steinberg) (filed 7/25/08)
Notice of Transcript Filing Record from Ct. Rptr. (filed 7/28/08)
Reinstatement letter issued (entered 8/14/08)
Appellant Brief Filed (filed 8/14/08)
Record Excerpts (filed 8/14/08)
Certificate of Readiness (9/2/08)


This case has been going on against Dean and the DNC over the primary rules since last year. It keeps getting dismissed and refiled...and reworked and refiled again.

The latest twist to the lawsuit it that they are suing the DNC for discriminating against white people in FL, using Rule 11 to get to the Supreme Court

What an interesting turn of the worm. Sometime next week, we may have democrats suing democrats for carrying out a very democratic policy of advancing minorities. Steinberg and DiMaio acknowledge with a grin that their reverse racism accusation will ruffle feathers, but hope the conservative judiciary will be delighted to strike a blow against affirmative action and rule in their favor. Their only objective, they claim, is to see all of Florida's delegates seated based on the January 31st primary election.


This has given Mr. DiMaio such credibility in this state of Florida, a state in which the media went along with the Florida Democrats and the Clinton campaign in accusing the chairman of throwing the primary to Obama. It is not over yet.

I don't care how often Hillary comes here and campaigns here for Obama, but as long as this lawsuit just keeps on it is a shadow over our nominee and our party.

The person who filed it has gained such status supposedly...that he was credentialed as a blogger to the convention by the St. Pete Times. The Democratic convention.

So what does a certificate of readiness indicate? Legal folks, clue me in on this.


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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:11 PM
Response to Original message
1. Oh, Crap
Can't these people just let it go? Sure the whole primary thing was a rotten deal for us but it's over now & really, the DNC was more than generous with us in the end - full voting rights restored and great floor seats. It's time to heal.

Do some people WANT to lose in November?
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:12 PM
Response to Reply #1
2. Yes, I think they do want to lose in November.
.
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Cha Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:16 PM
Response to Reply #2
4. I think they're dinos..but
that may just be me.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:25 PM
Response to Reply #4
8. This sounds like they are ready to go to trial, or another court date.
Even though we have our nominee. :shrug:
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trueblue2007 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:14 PM
Response to Reply #1
3. the person who filed this lawsuit should be REMOVED from Democratic leadership
Get them out now. They are doing Dems a dis-service
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:17 PM
Response to Reply #3
5. I looked up the term "certificate of readiness", but can't get a handle on it.
I am not up on legal terms.

It worries me greatly that this continues.

They even laughed about their own lawsuit.
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Dr.Phool Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 03:41 PM
Response to Reply #3
14. "Democratic Leadership" is an oxymoron in Florida.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:30 PM
Response to Original message
6. I am shamelessly keep this from dropping so fast....it will affect our party.
And it makes no sense it just keeps going on and on and on. When is a lawsuit considered frivolous? They already publicly joked about it....:shrug:
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:49 PM
Response to Original message
7. Page 2 already. All the hoopla about Palin....this lawsuit still hangs over us.
Hillary is coming to FL Monday I hear. Goody for her.

The lawsuit still lingers as a threat to our nominee. She could speak the word, and I betcha this suit would be dropped. It came about because FL was used and manipulated by that campaign.

WHY hasn't some judge put a stop to this lawsuit?

OH, wait, I can guess. It would be to the benefit of conservatives who hold judgeships all over Florida to have it continue.

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Dr.Phool Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 02:20 PM
Response to Original message
9.  some people just have too much time on their hands.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 03:06 PM
Response to Reply #9
13. Oh, come on, Dr. Phool....it is GOOD for us. See the poster below.
It is good to have the courts resolve party issues.

:banghead:

Sometimes I feel like I live in a different world, a world that believes that when a party sets rules, votes on them, abides by them.....that they count.

:banghead:

People here at DU now seem to think rules don't matter anymore...just turn it over to the courts.

:banghead:
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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 02:34 PM
Response to Original message
10. Certificate of Readiness is a mandatory action required for a case to move forward to Trial
It's simply a document which ensures that all parties relevant to the lawsuit have been served and are aware that there is a legal action that needs to be remedied. Previous to that being issued, any mediation or decision to move to trial cannot be made. It's just a formality.

As for the lawsuit itself, there will be more of those popping up because the DNC didn't really resolve the issue for the future. I think litigation like this is actually good for Florida as it moves forward and beyond 2008.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 02:59 PM
Response to Reply #10
11. You think this is good for Florida? You don't think we have an official nominee?
Could you repeat that please? If it is NOT RESOLVED then we don't have a nominee.

Bull hockey.

The Florida Democratic leaders and the Clintons could stop this lawsuit if they so desired.

This takes the party business into the courts.

You really like that idea? Really?

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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:01 PM
Response to Reply #11
17. Did I say that? No I didn't.... so don't put words in my mouth please.....
I said I thought it was good for the State of Florida that all of these voting issues get resolved for this election and the future.

Obama is our nominee in case you haven't noticed.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:43 PM
Response to Reply #17
22. Why do you want courts involved in party issues? I don't understand that?
You do realize that this court case could affect this year's election, don't you?

They are already talking changing the primaries, I have been posting about that. But they are not going to stop IA and NH from being near the first.

Why would anyone be proud of getting courts involved in elections after what we went through here in 2000?
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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 08:14 PM
Response to Reply #22
23. lol, some smalltime Dem suing about the primaries is going to affect the GE outcome of 2008?
It will get a little blip at 3PM on Tuesday about how the lawsuit over the Democratic primaries has been settled. Maybe even less than that.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 08:21 PM
Response to Reply #23
24. Okay, the fact that you find this so inconsequential and so very funny
makes me wonder.

Those of us who really care about winning, about being a strong party again....have been put through emotional hell here in Florida.

I have seen the state party and the county chairs try to crash the fundraising of the DNC because Dean went by the rules.

I now see the vice chair of the state party saying he should be kicked out. He said it at the convention in front of people who were angered by it.

I have no more patience for the people who find what has happened here unimportant. I have no sense of humor on the subject because I saw a former president and wife manipulate a state shamefully.

Updating list...bye now. It is too upsetting to keep communicating with anyone who finds it humorous.
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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 08:24 PM
Response to Reply #24
25. I just read this whole thread.... I don't think so...
I think you talk about conflict in the party, not coming together. You have no ability to attack the real enemies of the nation and the Democratic Party. The Republicans.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 03:01 PM
Response to Reply #10
12. You think the courts should RESOLVE party issues?
I am having so much trouble with what you just said.

Pardon me for being upset, but why in hell do you want courts to decide party business????
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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:02 PM
Response to Reply #12
18. You don't seem to understand the concept of mediation....
Cases like these never go to trial. The two sides will sit down and hammer out some sort of agreement to fully review the process and ensure the problem doesn't happen again.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:07 PM
Response to Reply #18
19. Then it should say mediation. The problem is solved.
We have a nomineee. FL got all their votes. It is a done deal.

What is there to mediate anyway. That the DNC was racist? Oh, come on.

I understand when a state is trying to throw a wrench into things.

Frankly the Clintons could make this go away quickly if they wished. After all they were part of making it happen.
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RollWithIt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:16 PM
Response to Reply #19
20. That's not the purpose of the lawsuit. as far as I can tell...
The purpose of it is to force the DNC to recognize that there is a historical, present day, and future threat of voter fraud and disenfranchisement in Florida. The issue of Iowa first New Hampshire second South Carolina third should have been turned upside down years and years ago. But they keep putting it off until next year. I'm not even really saying that this case is the right one to upset the balance, but in the end if the DNC can't get their primary system reformed then they deserve to get sued.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 06:38 PM
Response to Reply #20
21. So you DO want courts involved in party disputes though they are private companies.
You don't think parties have the right to make their own rules.

You just made that very clear.

The Florida folks voted for the rules, Harold Ickes voted and supported them.

You seem to like court involvement in party matters.
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psychmommy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 05:10 PM
Response to Reply #10
15. this lawsuit doesn't benefit the party.
Edited on Fri Sep-05-08 05:11 PM by psychmommy
the dnc didn't resolve the issues in a way that fl dems wanted. this lawsuit takes away finances from down ticket dems who really need it. this is frivolous and ridiculous and must end. this lawsuit could cost us much needed seats, we need a majority to undo this insanity. this garbage must end. fl dems deserve better than the leadership they have now. vote the bums out.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 05:56 PM
Response to Reply #15
16. Exactly, thank you. The ego of the FL Dem leaders is getting in the way
of real party change. It IS hurting down ticket races, it is hurting all of us emotionally.

:hi:
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-06-08 11:32 AM
Response to Reply #15
26. Well, looky here. Palm Beach County wants courts to decide a race...
because they are missing ballots, over 2000 of them. The race is very close, won by 60 votes. So they want the courts to handle it.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=6959447&mesg_id=6962567

Let's just turn Florida over to the courts for being Florida.

No rules, just let the courts decide it all.

Easy way out....no rules to follow.
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