in the united states district court for the … notice of filing.pdfin the united states district...

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Palm Beach Division

LARRY KLAYMAN

Plaintiff,

v.

BARACK HUSSEIN OBAMA, ET AL.

Defendants.

Civil Action No. 9:15-cv-81023

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

114-17), 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

Case 9:15-cv-81023-KAM Document 21 Entered on FLSD Docket 09/03/2015 of 3

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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. 246220

7050 W Palmetto Park Rd.

Unit 15-287

Boca Raton, FL 33433

(310) 595-0800

[email protected]


tel:/%28310%29%20595-0800

mailto:[email protected]

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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, 2015.

Ms. Loretta Lynch, Esq.

Attorney General of the United States

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001

Mr. Wifredo A. Ferrer, Esq.

United States Attorney

U.S. Attorney's Office

500 South Australian Avenue. Suite 400

West Palm Beach, Florida 33401

Mr. Barack Hussein Obama

President

The Residence – The White House

1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500

Defendant

Mr. Marco Rubio

United States Senator

4580 PGA Boulevard, Suite 201

Palm Beach Gardens, Florida 33418

Defendant

Mr. Bill Nelson

United States Senator

413 Clematis Street, Suite 210

West Palm Beach, Florida 33401

Defendant

Mr. Patrick Murphy

United States Congressman

2000 PGA Boulevard, Suite A3220

Palm Beach Gardens, Florida 33408

Defendant

Respectfully submitted,

/s/ Larry Klayman

Larry Klayman, Esq.


Exhibit A

Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 1 of 14

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Palm Beach Division

LARRY KLAYMAN

Plaintiff,

v.

BARACK HUSSEIN OBAMA, ET AL.

Defendants.

Civil Action No. 9:15-cv-81023

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. 15-81023)

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


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3. 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. 15-

81023) 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, 2015.

5. 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. 15-81023)

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, 2015. See Docket No. 13-20.

7. 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.


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8. 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 2.

9. 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


Exhibit 1


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?]f70/11111111111111111111111111111111111111111111119590 9403 0334 5155 7848 06

2. Article Number (Transfer from servi"" Ioholl

7015 0640 0001 5729

D. Is delivery address different from item 1?If YES, enter delivery address below:

3. Service Typeo Adult Signatureo Adult Signature Restricted Delivery

Certified Mail®. Certified Mail Restricted DeliveryCollect on Delivery

~ - _. 'ry Restricted Delivery5727

o Priority Mail Express®o Registered Mail™o Registered Mail Restricted

Deliveryo Return Receipt for

Merchandiseo Signature Confirmation™o Signature Confirmation

Restricted DeliveryI (over $500)

eetrlcted Delivery

Domestic Return ReceiptPS Form 3811 , April 2015 PSN 7530-02-000-9053


• Complete items 1, 2, and 3.• Print your name and address on the reverse


or on the front if

1.Ar;d~~ 0; . Ac~lJ£De~1M-Or-ct--~GC1!?D 'P-e-n~'y'lv1V';-'" hvtrNWyJ~5kl~/Pv~'53'b

1/11/111111111111111111111111111111111111111119590 9403 0161 5120385522

01"2"-'];010 0002 7105 6667

PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt

D. Is delivery address different from item 1?If YES, enter delivery address below: 0 No

3. Service Type 0 Priority Mail Express®o Adult Signature 0 Reglsteied Mail™o Adult Signature Restricted Delivery 0 Registered Mail Restrictedo Certified Mali® Deliveryo Certified Mall Restricted Delivery 0 Return Receipt foro Coliect on Delivery _ Merchandiseo Coliect on Delivery Restricted DeliverY 0 Signature Confirmation™:o Insured Mail • 0 Signature Confirmation

Restricted Delivery Restricted Delivery


.---~------~'

3. Service Typeo Adult Signature

dult Signature Restricted DeliveryifiedMail®

ertified Mail Restricted Deliveryo 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

7015 0640 0001 5729 4225 .-J~)ilRestrictedDelivery




or on the front if space permits.

'?i~f~tt7J~Pa(V1/ f5e~iCu~1L3)Lf6rr

11111111111111111111111111111111111111111111119590 9403 0334 5155 7837 62

D. Is delivery address different from item 1?If YES, enter delivery address below:



Merchandiseo Signature Confirmation TMo Signature Confirmation

Restricted Delivery<~.~; ·:l·~·'~:~.,:~,;~-

PS Form 3811, April 2015 PSN 7530-02-000-9053 • Domestic Return Receipt




or on the front if space permits.p;;::g;r:c{ Obe71rl "-/60'0 pelJtr.5r/VIi"~(~~~V(ljh/~~ Dc~o~,

::J11111111111111111111111111111111111111111111119590940303345155784776



Merchandiseo Signature ConfirmationTM •o Signature Confirmation

Restricted Delivery4171 I Restricted Delivery

PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Rp.ceipt




or on the front if space permits.D. Is different from item 1?

IfYES. enter delivery address below:


1. S;~d:re:M: o:0 (Gv~t»lf~ peA- BOIJ!;:~ I~I SVI'"rc-- IX- £)Ptd ~8e~~CphPL3JY/~1111111111111111111111111111111111111111111111 ~~ ~~=~~i:;~===:rf:=Restric=tedDe=IiVery=~==:~f~:=:~~i~Ex=~:f';::=t:cted

959094030334 5155 7847 90 ~ertifiedMail® DeliverytJ"'CertifiedMailRestrictedDelivery 0 ReturnReceiptfor----=---::-::-;--:-:--~-_=---;-_;_----:-~-,--:------l 0 CollectonDelivery Merchandise2. Article Number (Transfer from service label) 0 CollectonDeliveryRestrictedDelivery 0 SignatureConfirmation™

n 'no"'9dMail 0 SignatureConfirmation7 0 15 0,6 4 0 0 0 0 1 5 7 2 9 57 3 4 ~~)iI RestrictedDelivery RestrictedDelivery~~--~~~====~~--~------:~--~--~-----.-------- PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic '~6t'Jrn Rec,,;,.,~


Exhibit 2


Exhibit 3


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