Justia=20 News

Justia | Supreme Court Center | US Laws | Blawgs.FM | BlawgSearch.com

Justia = > News > Cases > BERG v. OBAMA et = al=20

BERG v. OBAMA et al

Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not = eligible=20 for the Office of the President because Obama lost his U.S. citizenship = when his=20 mother married an Indonesian citizen and naturalized in Indonesia. = Plaintiff=20 further alleged that Obama followed her naturalization and failed to = take an=20 oath of allegiance when he turned 18 years old to regain his U.S. = citizenship=20 status.

The case was dismissed on October 24, 2008. See=20 Jurist for a summary of the dismissal.

Tags:=20

barack=20 obama

Plaintiff:	PHILIP J. BERG
Defendant:	BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, = THE=20 FEDERAL ELECTION COMMISSION and DOES 1-50 INCLUSIVE

Case Number:	2:2008cv04083
Filed:	August 21, 2008

Court:	Pennsylvania Eastern District Court
Office:	Other Statutory Actions Office [ Court Info ]
County:	Montgomery
Presiding Judge:	HONORABLE R. BARCLAY SURRICK

Nature of Suit:	Other Statutes - Other Statutory Actions
Cause:	U.S. Government Defendant
Jurisdiction:	U.S. Government Defendant
Jury Demanded By:	28:2201 Injunction

Date Filed =	#	Docket Text
August 21, 2008	1=20	COMPLAINT against all defendants ( Filing fee $ 350 = receipt=20 number 951001.), filed by PHILIP J. BERG.(tj, ) (Entered: August = 22, 2008)=20
August 21, 2008	2=20	MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR = EXPEDITED=20 DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1=20 Memorandum)(tj, ) (Entered: August 22, 2008)
August 21, 2008		Summons 5 Issued; 4 Mailed to counsel and 1 = Forwarded to=20 the U.S. Attorney's Office 8/22/08 as to BARACK OBAMA, THE = DEMOCRATIC=20 NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION. (tj, ) = (Entered:=20 August 22, 2008)
August 21, 2008		DEMAND for Trial by Jury by PHILIP J. BERG. (tj, )=20 (Entered: August 22, 2008)
August 22, 2008	3	Minute Entry for TRO Hearing held before HONORABLE = R.=20 BARCLAY SURRICK held on 8/22/08. ESR. M. FINNEY: MR. BERG = ADDRESSES THE=20 COURT. COURT DENIED PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING = ORDER.=20 (jpd) (Entered: August 22, 2008)
August 22, 2008	4=20	ORDER THAT UPON CONSIDERATION OF PLAINITFF'S MOTION = FOR=20 TEMPORARY RESTRAINING ORDER (DOC. NO. 2) AND AFTER HAVING A = HEARING IN=20 OPEN COURT IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY = HONORABLE R.=20 BARCLAY SURRICK ON 8/22/08. 8/22/08 ENTERED AND COPIES FAXED FROM=20 CHAMBERS. (jpd) (Entered: August 22, 2008)
August 22, 2008	5=20	Acceptance of Service by U.S. Attorney Re: accepted = summons=20 and complaint for THE FEDERAL ELECTION COMMISSION on 8/22/2008, = answer due=20 10/21/2008. (jpd) (Entered: August 25, 2008)
September 2, 2008	6=20	Praecipe for Reissuance of Summons by PHILIP J. = BERG.=20 (BERG, PHILIP) Modified on 9/3/2008 (le, ). (Entered: September 2, = 2008)=20
September 3, 2008		2 Original Alias Summons Issued as to DEFENDANTS = BARACK=20 HUSSEIN OBAMA, DEMOCRATIC NATIONAL CONVENTION. Forwarded to = Counsel on=20 9/3/08 (jpd, ) (Entered: September 3, 2008)
September 9, 2008	7=20	Affidavit of Service of BRANDON A. SNESKO re: = service of=20 Alias Summons and Complaint, Memorandum in Support of Plaintiff's = Motion=20 for Temporary Restraining Order and for Expedited Discovery; = Plaintiff's=20 Motion for Temporary Restraining Order and for Expedited Discovery = upon=20 INDIRA HENRAD on behalf of DEFENDANT BARACK OBAMA, and upon AMANDA = LAFORGE=20 on behalf of DEFENDANT THE DEMOCRATIC NATIONAL COMMITTEE by = PERSONAL=20 SERVICE on 9/4/2008, answer due 9/24/2008. (jpd). (Entered: = September 9,=20 2008)
September 9, 2008	8=20	MOTION to Expedite Discovery, Extensive Discovery = and=20 Appoint A Special Master filed by PHILIP J. BERG.Memorandum and=20 Certificate of Service.(BERG, PHILIP) (Entered: September 9, 2008) =
September 11, 2008	9=20	Reissuance of Summons for the FEC by PHILIP J. = BERG. (BERG,=20 PHILIP) (Entered: September 11, 2008)
September 11, 2008		One Alias Summons Issued as to THE FEDERAL ELECTION = COMMISSION. Forwarded To: Counsel on 9/12/08 (sc, ) (Entered: = September=20 12, 2008)
September 15, 2008	10=20	ADDITIONAL CERTIFICATE OF SERVICE BY PLAINTIFF = PHILIP J.=20 BERG, ESQUIRE REGARDING SERVICE OF PLAINTIFF'S MOTION FOR = EXPIDITED=20 DISCOVERY UPON DEFENDANT BARACK H. OBAMA BY FAX AND UNITED STATES = POSTAL=20 SERVICE EXPRESS MAIL AND DEFENDANT DEMOCRATIC NATIONAL COMMITTEE = BY FAX=20 AND UNITED STATES POSTAL SERVICE EXPRESS MAIL. (FAX TRANSMISSION = LOG AND=20 EXPRESS MAIL RECEIPTS ATTACHED). (jpd) (Entered: September 16, = 2008)=20
September 18, 2008	11=20	APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE TO = INTERVENE=20 AND FOR WRIT IN THE NATURE OF PROHIBITION, CERTIFICATE OF SERVICE. = (jpd)=20 (Entered: September 18, 2008)
September 24, 2008	12=20	MOTION to Dismiss filed by BARACK OBAMA, THE = DEMOCRATIC=20 NATIONAL COMMITTEE.Brief and Certificate of Service.(LAVELLE, = JOHN)=20 (Entered: September 24, 2008)
September 29, 2008	13=20	RESPONSE in Opposition re 12 MOTION to Dismiss = Brief in=20 Support thereof and proof of service filed by PHILIP J. BERG.=20 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, = # 5=20 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 = Exhibit,=20 # 11 Exhibit, # 12 Exhibit)(BERG, PHILIP) (Additional = attachment(s) added=20 on 9/30/2008: # 13 Exhibit 1) (jpd, ). (Entered: September 29, = 2008)=20
October 6, 2008	14=20	MOTION for Leave to File First Amended Complaint = filed by=20 PHILIP J. BERG.Brief in support thereof and Certificate of = Service.=20 (Attachments: # 1 Exhibit)(BERG, PHILIP) (Entered: October 6, = 2008)
October 6, 2008	15=20	MOTION for Protective Order Staying Discovery = Pending=20 Decision on Dispositive Motion filed by BARACK OBAMA, THE = DEMOCRATIC=20 NATIONAL COMMITTEE.Brief, Certification, Certificate of Service.=20 (Attachments: # 1 Exhibit Exhibit A)(LAVELLE, JOHN) (Entered: = October 6,=20 2008)
October 7, 2008	16=20	T.B. BRADLEY'S MOTION FOR APPLICATION TO INTERVENE = WITH=20 COMPLAINT AND PETITION FOR WRIT OF MANDAMUS DIRECTED TO THE = AGENCIES OF=20 THE UNITED STATES AND MOTION FOR INJUNCTIVE RELIEF, CERTIFICATE OF = SERVICE. (jpd) (Entered: October 7, 2008)
October 7, 2008	17=20	MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JANE DOE. = (jpd)=20 (Entered: October 7, 2008)
October 9, 2008	18=20	RESPONSE in Opposition re 15 MOTION for Protective = Order=20 Staying Discovery Pending Decision on Dispositive Motion Brief in = Support=20 thereof and Certificate of Service filed by PHILIP J. BERG. (BERG, = PHILIP)=20 (Entered: October 9, 2008)
October 15, 2008	19=20	U.S. CITIZEN JUDSON WITHAM'S APPLICATION AND NOTICE = OF=20 MOTION TO INTERVENE AS A MATTER OF RIGHT FRCP 24, CERTIFICATE OF = SERVICE.=20 (jpd) (Entered: October 15, 2008)
October 20, 2008	20=20	MOTION to Dismiss First Amended Complaint filed by = BARACK=20 OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Memorandum of Law, = Certificate of=20 Service.(LAVELLE, JOHN) (Entered: October 20, 2008)
October 20, 2008	23=20	T.B. BRADLEY'S REQUEST FOR THE COURT TO TAKE = JUDICIAL=20 NOTICE OF FILING COMPLAINT AND DEMAND FOR INVESTIGATION WITH THE = UNITED=20 STATES DEPT. OF JUSTICE-PUBLIC CORRUPTION DIVISION AND OTHER U.S.=20 AGENCIES, CERTIFICATE OF SERVICE.(jpd) (Entered: October 21, 2008) =
October 21, 2008	21=20	MOTION for Order Deeming Requests for Admissions - = Admitted=20 filed by PHILIP J. BERG.Deeming Requests for Admissions - = Admitted.(BERG,=20 PHILIP) (Entered: October 21, 2008)
October 21, 2008	22=20	MOTION for Order Expediting Ruling on Plaintiffs = Motion=20 Deeming Plaintiffs Request for Admissions Admitted filed by PHILIP = J.=20 BERG.Certificate of Service.(BERG, PHILIP) (Entered: 10/21/2008) =
October 21, 2008	24=20	MOTION to Dismiss for Lack of Jurisdiction filed by = THE=20 FEDERAL ELECTION COMMISSION.Memorandum. (Attachments: # 1 = Memorandum of=20 Law)(STREETER, BENJAMIN) (Entered: October 21, 2008)
October 21, 2008	25=20	MOTION for Order Deeming Requests for Admissions = Admitted=20 filed by PHILIP J. BERG.Certificate of Service. (Attachments: # 1 = Exhibit,=20 # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(BERG, PHILIP) (Entered: = October 21,=20 2008)
October 22, 2008	26=20	MOTION for Order for Expedited Ruling, Hearing = and/or=20 Resolution of Plaintiff's Motion for Summary Judgment filed by = PHILIP J.=20 BERG.Certificate of Service.(BERG, PHILIP) (Entered: 10/22/2008) =
October 22, 2008	27=20	MOTION for Summary Judgment filed by PHILIP J. = BERG.Brief=20 in support thereof and Certificate of Service. (Attachments: # 1 = Exhibit,=20 # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(BERG, PHILIP) (Entered: = October 22,=20 2008)
October 24, 2008	28=20	MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANT=20 DEMOCRATIC NATIONAL COMMITTEE AND SENATOR BARACK OBAMA TO DISMISS = FIRST=20 AMENDED COMPLAINT (DOC. NO. 20) IS GRANTED; DEFENDANT FEDERAL = ELECTION=20 COMMISSION'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER = JURISDICTION=20 (DOC. NO. 24) IS GRANTED; AND PLAINTIFF'S FIRST AMENDED COMPLAINT = FOR=20 DECLARATORY AND INJUCTIVE RELIEF IS DISMISSED. SIGNED BY HONORABLE = R.=20 BARCLAY SURRICK ON 10/24/08. 10/27/08 ENTERED AND COPIES MAILED TO = PRO SE=20 PARTIES AND E-MAILED AND FAXED FROM CHAMBERS. (jpd) (Entered: = October 27,=20 2008)
October 27, 2008	29=20	ORDER THAT HAVING DISMISSED PLAINTIFF'S FIRST = AMENDED=20 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF IT IS ORDERED THAT = ALL=20 PENDING MOTIONS ARE DISMISSED AS MOOT. SIGNED BY HONORABLE R. = BARCLAY=20 SURRICK ON 10/27/08. 10/27/08 ENTERED AND COPIES MAILED TO PRO SE = PARTIES,=20 E-MAILED AND FAXED TO COUNSEL FROM CHAMBERS. (jpd) (Entered: = October 27,=20 2008)
October 30, 2008	30=20	NOTICE OF APPEAL as to 28 Memorandum & = Opinion,, by=20 PHILIP J. BERG. Filing fee $ 455. Copies to Judge, Clerk USCA, = Appeals=20 Clerk and PHILIP J. BERG (BERG, PHILIP) (Entered: October 30, = 2008)
October 30, 2008	31=20	Clerk's Notice to USCA re 30 Notice of Appeal : = (jpd, )=20 (Entered: 10/30/2008)
October 30, 2008	32=20	U.S. CITIZEN /VOTER GORDON A. STAMPER'S APPLICATION = AND=20 NOTICE OF MOTION TO INTERVENE AS A MATTER OF RIGHT FRCP 24, = CERTIFICATE OF=20 SERVICE. (jpd) (Entered: October 30, 2008)
October 30, 2008		NOTICE of Docketing Record on Appeal from USCA re = 30 Notice=20 of Appeal filed by PHILIP J. BERG. USCA Case Number 08-4340 (jpd, = )=20 (Entered: October 30, 2008)
November 7, 2008		Mail Returned as to T.B. Bradley: Copy of Order = dated=20 10/27/08 returned as unable to forward, no mail receptacle (lisad, = )=20 (Entered: November 7, 2008)

Docket Report Last Checked: November 10, 2008 = 14:33:45=20 PST

Search for this case: BERG v. OBAMA et = al
Search Blogs	[ Justia=20 BlawgSearch \| Bl= awgSearch=20 Google Co-op \| Blawg.com=20 \| Blogline= s=20 \| Feedster = \|=20 Google=20 Blogsearch \| Technorati<= /A>=20 ]
Search News	[ Google=20 News \| M= arketwatch=20 \| Wall=20 Street Journal \| Fina= ncial=20 Times \| New=20 York Times ]
Search Web	[ L= egal=20 Web \| Google = \| MSN<= /A> \|=20 Yahoo= \|=20 Ask = ]

Plaintiff: PHILIP J. = BERG
Represented By:=20 PHILIP J. BERG
Search = Dockets	[ Dockets = ]
Search Blogs	[ Jus= tia=20 BlawgSearch \| BlawgSe= arch=20 Google Co-op \| Blawg.com=20 \| Bloglines= =20 \| Feedster \|=20 Google=20 Blogsearch \| Technorati=20 ]
Search News	[ Google=20 News \| Market= watch=20 \| Wall=20 Street Journal \| Financial= =20 Times \| New= York=20 Times ]
Search = Finance	[ Google=20 Finance \| Y= ahoo=20 Finance \| Hoovers=20 \| SEC=20 Edgar Filings ]
Search Web	[ Legal = Web \| Google= \| MSN = \| Yahoo \| = Ask=20 ]

Defendant: BARACK = OBAMA
Search = Dockets	[ Dockets = ]
Search Blogs	[ Justi= a=20 BlawgSearch \| BlawgSear= ch=20 Google Co-op \| B= lawg.com=20 \| Bloglines = \|=20 Feedster \| Google=20 Blogsearch \| Technorati=20 ]
Search News	[ Google=20 News \| Marketwa= tch=20 \| Wall=20 Street Journal \| Financial=20 Times \| New = York=20 Times ]
Search = Finance	[ Google = Finance=20 \| Yah= oo=20 Finance \| Hoovers=20 \| SEC=20 Edgar Filings ]
Search Web	[ Legal=20 Web \| Google = \| MSN \| = Yahoo = \| Ask = ]

Defendant: THE DEMOCRATIC = NATIONAL=20 COMMITTEE
Search = Dockets	[ Dockets=20 ]
Search Blogs	[ Justia=20 BlawgSearch \| BlawgSearch=20 Google Co-op \| Blawg.com=20 \| Bloglines=20 \| Feedster=20 \| Google=20 Blogsearch \| Technorati=20 ]
Search News	[ Google=20 News \| Marketwatch=20 \| Wall=20 Street Journal \| Financial=20 Times \| New=20 York Times ]
Search = Finance	[ Google=20 Finance \| Yahoo=20 Finance \| Hoove= rs=20 \| SEC = Edgar Filings ]
Search Web	[ Legal=20 Web \| Google=20 \| MSN=20 \| Yahoo=20 \| Ask= =20 ]

Defendant: THE FEDERAL = ELECTION=20 COMMISSION
Search = Dockets	[ Dockets=20 ]
Search Blogs	[ Justia=20 BlawgSearch \| BlawgSearch=20 Google Co-op \| Blawg.com=20 \| Bloglines=20 \| F= eedster=20 \| Google=20 Blogsearch \| Technorati=20 ]
Search News	[ Google=20 News \| Marketwatch=20 \| Wall=20 Street Journal \| Financial=20 Times \| New=20 York Times ]
Search = Finance	[ Google=20 Finance \| Yahoo=20 Finance \| Hoovers= =20 \| SEC=20 Edgar Filings ]
Search Web	[ Legal=20 Web \| Google=20 \| MSN=20 \| Yahoo=20 \| Ask=20 ]

Defendant: DOES 1-50 = INCLUSIVE
Search = Dockets	[ Dockets= =20 ]
Search Blogs	[ Justia=20 BlawgSearch \| Bl= awgSearch=20 Google Co-op \| Blawg.com=20 \| Blogline= s=20 \| Feedster = \|=20 Google=20 Blogsearch \| Technorati<= /A>=20 ]
Search News	[ Google=20 News \| M= arketwatch=20 \| Wall=20 Street Journal \| Fina= ncial=20 Times \| New=20 York Times ]
Search = Finance	[ Google= =20 Finance \| Yahoo=20 Finance \| Hoovers=20 \| SEC=20 Edgar Filings ]
Search Web	[ L= egal=20 Web \| Googl= e=20 \| MSN<= /A> \|=20 Yahoo= \|=20 Ask = ]