Click here to help expose Obama as a FRAUD
Click here to find out latest news about this court hearing and how the judge rules about Obama's birth certificate
This civil action was filed Oct 23, 08. Why as Americans must we plead in court for you Barack Hussein Obama to display the original copy of your 'birth certificate'? Why are you Barack Hussein Obama not willing to talk about and show America a vault copy, original copy, of your birth certificate? Why is America questioning your natural born citizenship? Why are you avoiding answering the simple question as to your birth certificate? It is obvious you are hiding something, what? Were you born a natural US citizen? Were your born a naturalized citizen? Who were your parents? What date were you born? Where were you born?....WHO ARE YOU????????
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Is Grandma in Kenya is singing like a bird. I've heard the story of this before, but an audio recording is going to blow the socks off all the Liberals in America in the coming days! October 23, 2008 Berg just admitted that he has Obama paternal grandmother on tape admitting that she was in the delivery room when Obama was born! He also said he will be making that tape available in the next few days.
Sound The Alarm The socialists are comming, the socialists are comming
All this could be true but is it? If so Obama will just lie and say because his grandma is old and ill her judgement is clouded and facts, dates etc cannot be confirmed or something like that. All the interest and press that can be stimulated can only help convince members of congress to question Obama's legal qualifications under the constitution on Jan6, 08 when the electorial college votes are counted in a joint session of congress. Any objection to Obama's qualification as a natural born citizen could and should be passionately brought forth for the full joint session of congress to consider. Will just 1 senator and 1 congressman stand up and exclaim, at the least, Obama should explain why he and the dnc have challenged in court the right of the American people to see the original copy of his birth certificate and why he will not produce the original copy of his birth certificate for examindation?
America call, email,write and fax the congress and DEMAND your senator or representative exclaim your right as an American Voter to see Obama's original birth certificate. Also ask them if they are planning to do anything to protect and defend the constitution of the US.
Sound the alarm as Paul Revere did but ride the horse of modern technology.
One if by sea, two if by land if we all sit on our butts it will soon we'll be to late!
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, ::
Plaintiff :
vs. : CIVIL ACTION NO. 2:08-cv-04083-RBS
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants :
ORDER
THIS CAUSE came before the United States District Court Judge, Honorable R.
Barclay Surrick on Plaintiff’s Motion Requesting an Expedited Ruling, Hearing and/or
Resolution on Plaintiff’s Motion for Summary Judgment. Having reviewed Plaintiff’s
Motion and any response thereto and for good cause shown, it is hereby ORDERED that
Plaintiff’s Motion for Summary Judgment is GRANTED. It is further ORDERED
Defendants Response to Plaintiff=s Motion is to be filed and served upon Plaintiff on or
before October _____, 2008 and the Ruling, Hearing and/or Resolution will be set for
October ______, 2008.
IT IS SO ORDERED
Dated: October ______, 2008 ______________________________
Hon. R. Barclay Surrick
United States District Court Judge
For the Eastern District of PA
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 1 of 9
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, ::
Plaintiff :
vs. : CIVIL ACTION NO. 2:08-cv-04083-RBS
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants :
PLAINTIFF’S MOTION REQUESTING AN EXPEDITED RULING ON
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
NOW COMES the Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”] and
respectfully requests this Honorable Court to grant Plaintiff’s Motion requesting an
Expedited Ruling, Hearing and/or Resolution on Plaintiff’s Motion for Summary
Judgment against Defendants, Barack Hussein Obama [hereinafter “Obama”] and the
Democratic National Committee [hereinafter “DNC”] on the following grounds:
1. In order to be eligible and qualified to run for and hold the Office of the
President of the United States, you must be a “natural born” citizen. United States
Constitution, Article II, Section I.
2. There are many questions into the citizenship status of Obama. Obama
claims he was born in two [2] separate hospitals in Hawaii. Plaintiff has
discovered not only was Obama born in Kenya, he became a “natural” citizen of
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 2 of 9
Indonesia upon his step-father, Lolo Soetoro signing a legal governmental birth
acknowledgement “acknowledging” Obama as his son and/or adopting Obama.
At this time, Obama’s name was changed and he became Barry Soetoro, an
Indonesian citizen.
3. Obama and the DNC have been requested for proof of Obama’s
citizenship status, which has been refused.
4. Plaintiff filed this action on August 21, 2008 requesting Declaratory and
Injunctive Relief, as Obama does not meet the qualifications or eligibility to run
for and/or serve as the President of the United States.
5. On or about September 9, 2008, Plaintiff filed a Motion for Expedited
Discovery, Extensive Discovery and Depositions of Obama and Howard Dean,
Chairman of the DNC and the appointment of a Special Master. Defendants
never responded to or opposed said Motion. This Motion is still pending.
6. On September 15, 2008, Defendants, Obama and the DNC, were served
with discovery by Plaintiff for Requests for Admissions and Requests for
Production of Documents. Defendants’ responses were due within thirty [30]
days.
7. Defendants, Obama and the DNC did not Answer the Complaint, failed to
turn over proof of Obama’s citizenship status and instead filed a Motion to
Dismiss on September 24, 2008. Defendants claimed Plaintiff did not have
standing to bring this action and failed to state a claim which relief could be
granted.
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 3 of 9
8. This Honorable Court requested Plaintiff to file any Responses in
Opposition to Defendants Motion within five [5] days, that being on or before
September 29, 2008 and Plaintiff complied by filing a Response in Opposition to
Defendants Motion to Dismiss.
9. On or about Monday, October 6, 2008, Defendants Obama and the DNC’s
Attorney called Plaintiff in order to meet and confer regarding discovery pursuant
to Federal Rules of Civil Procedure, Rule 26(f). Defendants Attorney was
requesting Plaintiff to agree to stay discovery pending a decision on their Motion
to Dismiss. Plaintiff declined as Obama’s citizenship status is of National
security as he is running for President of the United States.
10. In the afternoon of October 6, 2008, Defendants, Obama and DNC, filed a
Motion for Protective Order staying all discovery pending the Court’s decision on
their Motion to Dismiss. In their Motion Defendants acknowledged receipt of the
Requests for Admissions.
11. On or about October 9, 2008, Plaintiff filed his Response in Opposition to
Defendants Motion for Protective Order.
12. Instead of satisfying Plaintiff and the general public’s concerns regarding
Obama’s citizenship status, or lack thereof, Obama and the DNC have chosen to
litigate the matters in lieu of providing what should be simple proof. Defendants
have filed two [2] Motions to Dismiss and a Motion for a Protective Order instead
of simply solving the matters.
13. Defendants have failed to timely Answer Plaintiff’s Requests for
Admissions, which were served on September 15, 2008 and Defendants Answers
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 4 of 9
were due thirty [30] days thereafter. Therefore, these matters are automatically
deemed “admitted” in accordance with Federal Rules of Civil Procedure 36(a).
McNeil v. AT&T Universal Card, 192 F.R.D. 492, 494 (E.D. Pa. 2000), Goodman
v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir. 1976), cert. denied, 429 U.S.
1038, 97 S. Ct. 732 (1977); Siss v. County of Passaic, 75 F. Supp. 2d 325, 331
(D.N.J. 1999).
14. No order staying discovery has been entered in this forum. Because the
proceedings in this matter have not been stayed, and because the Defendants,
Obama and DNC, failed to timely Answer Plaintiff’s Request for Admissions,
they have been deemed “admitted” in accordance with Federal Rules of Civil
Procedure, Rule 36(a).
15. Plaintiff has filed a Motion for Summary Judgment concurrently with this
Motion for an Expedited Ruling, Hearing and/or Resolution.
16. Defendants have failed to timely answer requests for Admissions; they have
been deemed admitted in accordance with Federal Rules of Civil Procedure 36(a),
McNeil v. AT&T Universal Card, 192 F.R.D. 492, 494 (E.D. Pa. 2000), Goodman v.
Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir. 1976), cert. denied, 429 U.S.
1038, 97 S. Ct. 732 (1977); Siss v. County of Passaic, 75 F. Supp. 2d 325, 331
(D.N.J. 1999). Therefore, there are absolutely no genuine issue of material facts
which exist regarding Plaintiffs' Complaint against Defendants. Plaintiff is
entitled to summary judgment as a matter of law as to all of Plaintiff’s claims.
17. Failure to respond to properly served admissions permits the entry of
summary judgment when the facts deemed admitted are dispositive. See
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 5 of 9
Anchorage Assocs. v. Virgin Islands Bd. of Tax Review, 922 F.2d 168, 176 (3d
Cir. 1990) (deemed admissions sufficient to support summary judgment); Freed
v. Plastic Packaging Materials, Inc., 66 F.R.D. 550, 552 (E.D. Pa. 1975)
18. The Presidential Election is November 4, 2008. The issues are of National
Importance. If Obama is not eligible to run for and/or serve as United States
President allowing Obama to continue his campaign and not removing him from
the ballot is against Public Policy.
19. Plaintiff as well as all other Democratic United States citizens will be
deprived their right to cast their vote for an eligible Democratic Presidential
Nominee and if elected, who can serve as President of the United States.
20. If the Motion is not heard and decided immediately, there will not be any
time left in order to replace Obama on the Presidential ballot with an eligible
Democratic Presidential candidate.
21. If Obama is elected as President of the United States and allowed to serve
as the United States President, we will have a Constitutional crisis. If this is
allowed, it will change the United States Constitution without proper due process
of law and it will set precedence which likely will cause further variances from
the United States Constitution without proper due process of law. Plaintiff and all
citizens of the United States will no longer be afforded the protections guaranteed
by the United States Constitution.
22. Defendants will not be prejudiced by an Expedited Ruling; however,
Plaintiff and the citizens of the United States will be severely damaged, if this
matter is not resolved immediately.
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 6 of 9
23. It is in the best interest of the parties and the efficient administration of justice
to learn this Court's view of Plaintiff’s Motions as soon as possible.
24. For the above aforementioned reasons, Plaintiff requests Defendants response
time be shortened to two (2) days and an Expedited Ruling, Hearing and/or
Resolution within three (3) days.
WHEREFORE, Plaintiff respectfully requests that this Court
grant an expedited Ruling, Hearing and/or Resolution on Plaintiff=s Motion for Summary
Judgment. Plaintiff further requests Defendants Response time be shortened to two (2)
days and an Expedited Ruling, Hearing and/or Resolution to Plaintiff=s Motions within
three (3) days.
Respectfully submitted,
Dated: October 22, 2008
s/ Philip J. Berg
Philip J. Berg, Esquire
Attorney in Pro Se
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Identification No. 09867
(610) 825-3134
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 7 of 9
CERTIFICATE OF SERVICE
I, Philip J. Berg, Esquire, hereby certify that Plaintiff’s Motion Requesting an
Expedited Ruling, Hearing and/or Resolution on Plaintiff’s Motion for Summary
Judgment was served upon Defendants, Barack Hussein Obama [hereinafter “Obama”]
and The Democratic National Committee [hereinafter “DNC”] via electronic filing on the ECF System, this 22 day of October nd 2008 upon the following:
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS &00
INGERSOLL, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com
Joseph E. Sandler
SANDLER REIFF & YOUNG PC
300 M Street, S.E. Suite 1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115
sandler@sandlerreiff.com
Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street N.W.
Washington, D.C. 20005-2003
Telephone: 202.628.6600
Facsimile: 202.434.1690 Attorney’s for Defendant’s
RBauer@perkinscoie.com Barack Hussein Obama and
The Democratic National Committee
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 8 of 9
Benjamin A. Streeter, III, Esquire
The Federal Election Commission (FEC)
999 E. Street, NW
Washington, D.C. 20463 In pro se
bstreeter@fec.gov
/s Philip J. Berg
_____________________________
PHILIP J. BERG, ESQUIRE
Attorney for Plaintiff
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Case 2:08-cv-04083-RBS Document 26 Filed 10/22/2008 Page 9 of 9
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Item 24. Note that the MOTION to Dismiss for Lack of Jurisdiction filed by THE FEDERAL ELECTION COMMISSION. Memorandum. The federal election commission is also trying keep Obama from producing his natural born birth certificate. WHY?
Berg Vs Obama Available Case Documents
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