on january 23, 2012, malihi denied obama's motion to quash a subpoena issued by taitz to compel obama to appear, saying that obama did not show why he should not be at the hearing or how his testimony would not be helpful. on january 25, obama's attorney requested that kemp halt the proceedings, and indicated that obama would no longer participate in the litigation pending kemp's decision. kemp denied their request and warned that their non-participation would be "at your own peril".