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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 Page 1 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
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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.
Case 9:15-cv-81023-KAM Document 21 Entered on FLSD Docket 09/03/2015 Page 3 of 3
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
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 2 of 14
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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.
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 3 of 14
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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
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 4 of 14
Exhibit 1
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 5 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?]f70/11111111111111111111111111111111111111111111119590 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
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--~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
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 6 of 14
.---~------~'
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
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
11111111111111111111111111111111111111111111119590 9403 0334 5155 7837 62
D. Is delivery address different from item 1?If YES, enter delivery address below:
o Priority Mail Express®o Registered Mail™o Registered Mail Restricted
Deliveryo Return Receipt for
Merchandiseo Signature Confirmation TMo Signature Confirmation
Restricted Delivery<~.~; ·:l·~·'~:~.,:~,;~-
PS Form 3811, April 2015 PSN 7530-02-000-9053 • 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 space permits.p;;::g;r:c{ Obe71rl "-/60'0 pelJtr.5r/VIi"~(~~~V(ljh/~~ Dc~o~,
::J11111111111111111111111111111111111111111111119590940303345155784776
o Priority Mail Express®o Registered Mail™o Registered Mail Restricted
Deliveryo Return Receipt for
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
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 7 of 14
• 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.D. Is different from item 1?
IfYES. enter delivery address below:
SENDER: COMPLETE THIS SECTION
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,,;,.,~
Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 8 of 14
Exhibit 2
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Exhibit 3
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Case 9:15-cv-81023-KAM Document 21-1 Entered on FLSD Docket 09/03/2015 Page 14 of 14