UPDATE -- BERG SUES OBAMA, et al. FOR $48,300!!! AND requests EXPEDITED HEARING -- New Case filed In Hawaii! -- WHOS MY DADDY?

UPDATE
BERG SUES OBAMA, ET AL. FOR $$48,300.00!!!

Plaintiff served Discovery by way of Requests for Admissions and Request for Production of Documents upon Defendants, Obama and DNC, on September 15, 2008.

2. Although Defendants, Obama and DNC, filed a Motion for a Protective Order staying all discovery pending the Court’s decision
on a Motion to Dismiss, Defendants failed to serve Plaintiff with any Answers and/or Objections to the Requests for Admissions
Served upon each Defendant, Obama and DNC. To date, the Court has never issued any Protective Orders.
3. Failure to Answer or Object to Requests for Admissions within thirty [30] days deems the Request for Admissions “Admitted,”
Federal Rules of Civil Procedure 56(c).

4. Since the Requests for Admissions are now deemed Admitted, there are not any genuine issues of material facts remaining and
Plaintiff is entitled to Judgment against Defendants, Obama and the DNC, as a matter of law.

5. To date, Plaintiff, Philip J. Berg, Esquire, has expended considerable time in pursuing this case. Accordingly, Plaintiff
requests counsel fees and costs. In the amount of $48,300.00.

[link to docs.justia.com]


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
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.

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 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 thisMotion 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 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.

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.

[link to docs.justia.com]

CAN IT GET ANY WORSE FOR OBAMA? YES...

WHO'S MY DADDY?
Obama may know, but Andy Martin is asking.

Barack Obama is not Barack Obama

FOR IMMEDIATE RELEASE:

“OPERATION ALOHA OBAMA” YIELDS UP THE TRUTH ABOUT BARACK OBAMA

PART THREE: BARACK OBAMA IS NOT BARACK OBAMA

“OBAMA’S FATHER WAS FRANK MARSHALL DAVIS. OBAMA IS REALLY FRANK MARSHALL DAVIS, JR.,” SAYS ANDY MARTIN

OBAMA’S ‘DREAMS FROM [HIS] FATHER] WAS REALLY A BOOK ABOUT HIS REAL FATHER, FRANK MARSHALL DAVIS

OBAMA WAS THE VICTIM OF A HISTORICAL ANOMALY, AND ROBBED OF HIS BIRTHRIGHT AS THE SCION OF CIVIL RIGHTS ROYALTY

OBAMA’S ORIGINAL “VAULT” BIRTH CERTIFICATE IS EITHER INCOMPLETE OR TAMPERED WITH, WHICH IS WHY IT HAS NEVER SURFACED.

MARTIN SAYS OBAMA SHOULD SUBMIT TO DNA TESTING WITH HIS BROTHERS

WAS OBAMA THE “VICTIM” OF A PRO-LIFE MOTHER?

[link to contrariancommentary.wordpress.com]

10/21/2008 - Obama 'admits' Kenyan birth?
Campaign doesn't respond to claims in lawsuit over birth certificate

[link to worldnetdaily.com]

Pennsylvania Democrat Philip J. Berg, who filed a lawsuit demanding Sen. Barack Obama present proof of his American citizenship, now says that by failing to respond Obama has legally "admitted" to the lawsuit's accusations, including the charge that the Democratic candidate was born in Mombosa, Kenya.

As WND reported, Berg filed suit in U.S. District Court in August, alleging that Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Though Obama has posted an image of a Hawaii birth certificate online, Berg demands that the court verify the original document, which the Obama campaign has not provided.

Now Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.

Since Obama has only filed motions to dismiss and has not actually answered the charges in the lawsuit, Berg claims, according to Rule 36, Obama has legally admitted he is not a natural-born citizen.

Now Berg is asking the court for a formal declaration of Obama's admission and asking the Democratic National Committee for another presidential candidate.

In a statement released today, Berg argues that he filed Requests for Admissions on Sept. 15, 2008, meaning Obama had until Oct. 15 to answer or face the consequences of Rule 36.

"Obama and the DNC 'admitted,' by way of failure to timely respond to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit," Berg's statement reads. "Obama is 'not qualified' to be president and therefore Obama must immediately withdraw his candidacy for president and the DNC shall substitute a qualified candidate."