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Petitioner, vs. Case No.: 3AN-12- 09961 CI Supreme Court No. :S-14936
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PRESIDENTIAL CANDIDATES BARACK OBAMA and MITT ROMNEY Respondents NOTICE TO THE COURT
The Petitioner Thomas A. Lamb files this notice to the court to inform this Court that the Petitioner has sent a summons in case 3AN-12-09961 CI dated September 25th, 2012 and amended complaint I to Respondents Barack Obama and Mitt Romney. The return receipts in Exhibit A show that the summons and amended complaint sent to Respondent Barack Obama was stamped in signature block with THE WHITE HOUSE OFFICE on Dec -4 2012 and with an unreadable signature in the signature block of Respondent Mitt Romney. Both summons and amended complaint were sent restricted delivery to the Respondents and an affidavit made by the petitioner that affied the foregoing facts is on file with the Superior Court. Hopefully this will suffice for proper service under Alaska Civil Rule 4 and render the Petitioner's pending Petition for Review moot. Dated this_20 1 day of December, 2012
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PRESIDENTIAL CANDIDATES BARACK OBAMA and MITT ROMNEY, Respondents \
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The Petitioner Thomas A. Lamb files this notice to the court to inform this Court that the
Petitioner has sent a summons in case 3AN-12-09961 CI dated September 25th, 2012 and
amended complaint 1 to Respondents Barack Obama and Mitt Romney. The return receipts in
Exhibit A show that the summons and amended complaint sent to Respondent Barack Obama
was stamped in signature block with THE WHITE HOUSE OFFICE On Dec -4 2012 and with
Both summons and amended complaint were sent restricted delivery to the Respondents
and an affidavit made by the petitioner that affied the foregoing facts is on file with the Superior
Court. Hopefully this will suffice for proper service under Alaska Civil Rule 4 and render the Petitioner's pending Petition for Review moot.
c INDER: CO
TE THIS SECTION
COMPLETE THI
TION ON DELIVERY
Complete items 1, 2, and 3. Also complete 'rat item 4 if Restricted Delivery is desired. 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 mailpiece, or on the front if space permits.
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C. Date of D C - 4 20
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2. Article Number(Transfer from service label)
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item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:
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FO AK T FB D IV
PRESIDENTIAL CANDIDATES Supreme Court No. :S-14936 BARACK OBAMA and MITT ROMNEY, Respondents (Appellees) Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 Phone: 907-306-5855 E-mail: tlamb775@aol.eom MOTION TO STAY PETITION FOR REVIEW PETITIONER THOMAS A. LAMB pursuant to Alaska Rules of Appellate Procedure 503, moves this Court to stay the Petition For Review of the Superior Court order dated October 24 th, 2012. The Petitioner has filed an amended complaint and has continued with due diligence on serving the president Barack Obama. According to a sworn affidavit, the Secret Service informed a process server hired by the Petitioner that the summons and complaint need to be mailed to The White House. 1 1 See http://www.scribd.com/doc/113748946/Due-Diligence (last visited November 25, 2012)
The Petitioner has followed the instructions of the Secret Service and has mailed the summons and amended complaint via restricted certified Priority mail to president Barack Ohama at The White House. The Petitioner respectfully requests a stay on the Petition For Review pending the finality of due diligence. Hopefully the president will respond which would render the issue of service moot.
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hi case the issue of service is not rendered moot, the Petitioner may request for Leave to Amend the Petition For Review based on the outcome of the ongoing effort of the Petitioner to serve the president.
Dated this 26th day of November, 2012
CERTIFICATE OF SERVICE The undersigned certifies that on this 26th day of November, 2012 I caused a copy of the foregoing to be served by Priorty USPS certified mail to the following parties known address: Barack Obama 1600 Pennsylvania Ave. Northwest Washington D.C. 20500 Mitt Romney 3 II Dunemere Dr. La Jolla, California 92307
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Obama at his residence in Chicago Illinois, but the process server indicated that the
Secret Service stated that absolutely no papers could be accepted at the residence. And
that the summons and complaint must be mailed to The White House. 5.
Priority restricted certified mail to Barack Obama at The White House. And notified
Barack Obama of the summons and amended complaint via the official twitter account of The White House a,whitehouse.
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-w SUBSCRIBED AND SWORN 'I'0 before inc this ,zC-.. day of 2012.
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THOMAS A. LAMB a Resident of the State of Alaska, acting as pro se, Petitioner (Appellants),
vs.
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PRESIDENTIAL CANDIDATES Supreme Court No.:S-14936 BARACK OBAMA and MITT ROMNEY, Respondents (Appellees) ) ORDER IT IS HEREBY ORDERED the motion for stay is Granted. Justice of the Alaska Supreme Court
) ) )
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) ) Presidential Candidates Barack Obama ) & Mitt Romney, ) ) Respondents. ) ) Trial Court Case # 3AN-12-09961C1 Date of Order: 11/8/12 Petitioner has filed a notice to the court indicating that he intends to file an amended complaint. During a telephone conversation on 1 . 1/7/12, petitioner indicated that the claims against Candidate Romney are moot, but that he intends to proceed with his claims against President Obama. He intends to file an amended complaint and seek a new summons in the superior court. He will serve them on the president's home address in Chicago, and perhaps on an attorney who represents the president. It appears the petition for review, seeking review of an order related to service of his original complaint, may be moot. ON OR BEFORE 11/30/12, petitioner may file an explanation of why this case is not moot. If no such explanation is received from the petitioner, and no response is received from the respondents by that date, this petition for review will be dismissed. Entered under Appellate Rule 1 02. Clerk of the Appellate Courts
Order
Lamb v. Mama
Distribution.:
Thomas Lamb 2806 Howe Place #1 Anchorage AK 99517 Barack Obama P.O. Box 803638 Chicago IL 60680
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Mitt Romney P.O. Box 149756 Boston MA 02114-9755
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Appellate Rules 402, 403 Presidential Candidates Barad( Obama & Mitt Romney, Trial Court Interlocutory Order Date of Notice: 10/31/12 Respondents. Trial Court Case # 3AN-12-0996l CI A petition for review of Judge Pfiffner's order distributed on 10/22/12 was filed on 10/29/12. The response to the petition (or notice that no response will be filed) is due on or before 11/12/12. It is the continuing responsibility of the petitioner to promptly notify this court if, while this petition for review is pending, the lower court (1) rescinds the order or ruling that is the subject of this petition, or (2) amends the substance of that order or ruling, or (3) stays the enforcement of that order or ruling. In addition, it is the continuing responsibility of the petitioner to promptly notify this court if the lower court enters final judgment while this petition is pending, or if any other event occurs that potentially moots the petition. Clerk of the Appellate Courts
) ) ) ) ) ) ) ) ) )
Notice of Filing
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Distribution:
Thomas Lamb 1806 Howe Place 141 Anchorage AK 99517 Barack Obama P.O. Box 803638 Chicago IL 60680
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Mitt Romney P.O. Box 55239 Boston MA 02114-5239
) ) ) ) ) ) ) ) ) )
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Presidential Candidates Harack Obama & Mitt Romney, Respondents. Date of Order: 10/31/12 Trial Court Case 3AN-12-09961C1 On consideration of petitioner's 10/29/12 motion to expedite petition for review, IT IS ORDERED: The motion is DENIED. Entered by direction of an individual justice. Clerk of the Appellate Courts
Order
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Distribution:
EMERGENCY
IN THE SUPREME COURT FOR THE STATE OF ALASKA CLERK. APPLUAE CO U RT S THOMAS A. LAMB a Resident of the
OEPU1Y
State of Alaska, acting as pro se, Petitioner (Appellants), vs. t Superior Court No.: 3AN-12- 09961 CI Supreme Court No.:S- i t-A (1 3-k,
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PRESIDENTIAL CANDIDATES BARACK OBAMA and MITT ROMNEY, Respondents (Appellees) MOTION FOR EMERGENCY PETITION FOR REVIEW Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 Phone: (907) 276-4244
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Pursuant to Alaska Rule of Appellate Procedure (ARAP) 504, Petitioner Thomas A. Lamb submits this Emergency Petition for Review of the October 17 th and 24 th , 2012 order denying the Petitioner's motion for reconsideration and to use Twitter as a method of service. Both orders are within the date set by ARAP 403 (a) (1) (a) for appellate review and the October 24 th, 2012 order is based on a response to the superior court denying the Petitioner's motion for reconsideration on October 17 th, 2012.
Statement of the Facts
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I.
The 2012 Presidential election will be held on November 6 th , 2012 and Alaskans
have been subjected to political ads and public figures making accusations about the
presidential candidates and the various media outlets are reporting on the accusations as
fact or discounting certain accusations by claiming the accusations to be false when there is no concrete evidence to back up the claims being made and reported on.
Time is important and this motion and its accompanying petition require an On October 26 th , 2012, to fulfill ARAP 504 (f) the Respondent called the
immediate ruling.
Respondent Barack Obama's headquarters at 312 .698-3670 to notify that the Petitioner
was filing a petition of review on Monday, October 29 th, 2012. The Petitioner informed
the staffer that there has been no response to the documents sent to the campaign
headquarters, the staffer for Respondent Barack Obama said that if the documents were
sent to the campaign headquarters by certified mail, the documents would be sent to the appropriate people.
3500 to notify them that an emergency petition of review was being submitted on
Monday, October 29, 2012. Unfortunately no contact has been made via the telephone. The Petitioner then on Sunday October 28 th , 2012 notified the Respondent Mitt Romney via his campaign website messaging system that the Petitioner was filing an emergency petition for review.
The October 17 111 and October 24 th superior court order is having a procrustean effect in that irreparable and immediate harm is being placed on the public in their endeavor to make an informed decision when they vote for the presidential candidates. Accordingly, ARAP 504 states an emergency motion is appropriate "to avoid irreparable harm, relief is needed in less time than normally would be required for the court to receive and consider a response." And "it clearly appears from the facts ... that immediate and irreparable injury, loss or damage would result."
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As of today's filing, the Petitioner has never been contacted by the Respondent's attorney's thought out the motion practice in the superior court. Thus no contact information in this motion has been provided by the Respondent. It must be noted that the time line will not allow the Petitioner to notify the Respondents on this motion via certified mail. The only method of serving the Respondents is to send the motion and petition via the Respondents' Twitter accounts. The Petitioner respectfully requests a decision to be determined by this Court. Since the presidential election is November 6111, 2012, time would be needed to allow the Respondent's to produce the requested records and let the public digest what is in the records so they can make an informed decision when they vote. Respectfully submitted on October 29th, 2012.
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EMERGENCY
IN THE SUPREME COURT FOR THE STATE 26111' THOMAS A. LAMB a Resident of the State of Alaska, acting as pro se, Petitioner (Appellants), vs.
BY:
KAI&
DEPUTY CLERK
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PRESIDENTIAL CANDIDATES Supreme Court No.:S- 19 C 34, --1 BARACK OBAMA and MITT ROMNEY Respondents (Appellees) AFFIDAVIT IN SUPPORT OF MOTION FOR EMERGENCY PETITION FOR REVIEW THOMAS A. LAMB, pro se, duly sworn, deposes and states: 1. I am the Petitioner in the above captioned case. 2. I have received no response from the Respondents. 3. I called (312-698-3670) the Respondent Barack Obama's campaign headquarters on Friday, October 26 th, 2012 and informed the staffer that the Respondent has not responded to pleadings and that I was going to petition the Alaska Supreme Court for review. The staffer indicated that if the certified mail was signed for it would be sent to their lawyers. The staffer asked who signed for the return receipt and I stated that it was difficult to tell the name. I asked who I could sent restricted certified mail to the staffer didn't respond and said they would take my name, phone number and e-mail and send the information to the appropriate people.
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campaign headquarters numerous times and never made contact. I then went to the campaign website messaging center and left a message that an emergency petition for review was going to be filed today. 5. I also sent the petition for review to the official Twitter accounts
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(@barackobama) (@Mittromney) of the Respondents and provided a link to the petition! 6. The presidential election will be held on November 6 th , 2012 and time is becoming a factor in the litigation of this case. SUBSCRIBED AND SWORN TO before me this day of ,c-Voktc- 2012.
OFFICIAL SEAL
IN THE SUPREME COURT FOR THE STATE'OF LALASIKA THOMAS A. LAMB a Resident of the State of Alaska, acting as pro se, Petitioner (Appellants), vs. PRESIDENTIAL CANDIDATES
DEPUTY CLERK
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BARACK OBAMA and MITT ROMNEY, Respondents (Appellees) ORDER IT IS HEREBY ORDERED that the Motion to expedited the Petitioner's Emergency Petition for Review is GRANTED. Dated this day of October, 2012 at Anchorage, Alaska. Justice of the Alaska Supreme Court
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