Skip to comments.DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATICNATIONAL COMMITTEE’S MOTION
Posted on 09/29/2008 7:47:58 PM PDT by ncfool
Philip J. Berg filed a response this afternoon to the motion for dismissal filed last week in Berg vs. Obama by Senator Obama and the Democratic National Committee. The response "PLAINTIFFS OPPOSITION AND BRIEF IN SUPPORT THEREOF TO DEFENDANTS, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEES, MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)" asserts that, the defendants' argument to the contrary, Mr. Berg has standing to pursue the case.
Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.
The conclusion of Mr. Berg's brief reads:
Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obamas eligibility through Subpoenas to the Government entities and the Hospitals in Hawaii. To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena. For the above aforementioned reasons, Plaintiff respectfully request Defendants Barack Hussein Obama and the Democratic National Committees Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery, including but not limited to: 1) a certified copy of Obamas vault (original long version) Birth Certificate; and (2) a certified copy of Obamas Certificate of Citizenship; and (3) a certified copy of the Oath of Allegiance taken by Obama taken at the age of majority. If the Court is inclined to grant Defendants motion, Plaintiff respectfully requests the opportunity to amend his Complaint pursuant to the findings of this Honorable Court. The complete filing is attached. Due to a problem with the Electronic Filing System, the filing was made via fax and will appear in PACER later this evening or on Tuesday.
Below is Berg's filed opposition to defense motion for dismissal of the Lawsuit. You would think that a federal judge will allow this to move to a hearing since Obama has not answered the suit with anything other then a denial.
Below is the link to the filing:
Here is the DNC filed Motion for Dismissal.
Please read and comment!
DEFENDANT DEMOCRATIC NATIONAL COMMITTEES
AND DEFENDANT SENATOR BARACK OBAMAS
MOTION TO DISMISS
Why does the MSM avoid publishing this information. We need to make sure that Blogs find this this material. Please pass it along to all blog sources.
Apparently the federal judge is a Clinton appointee..
Could be if the judge entertains by letting this case go forward.
Bump bump bump!
The same way they avoid all the other issues that could hurt Obama. The media has made this guy.
phil berg isn’t a great source, but I definitely would like to see this thing run-through before the election. If obama has nothing to fear...why not just give the papers!?
Why doesn’t Obama simply release the requested docs ?
So much simpler, so much cheaper.
BTW who’s allowed to pay his costs, his campaign ? DNC ?
Considering Obama admitted (on FightTheSmears.com) that he had Kenya citizenship...
Is this a joke?
That can not be his opposition to the motion- that is a proposed order on the motion that he purportedly submitted to be signed.
Where is his opposition?
Thanks for posting...would be great to keep this in Breaking News. ;)
I have been posting this stuff in my blogs. Many, many page views. This will get published too with the attachment files.
It will be in both in the morning.
Somehow, I figure the taxpayer will be involved.
Just tell me he didn’t cite Wikipedia again in the response.
To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena.
***He’s playing softball here. Usually such a motion is filed with a request for a contempt charge when the subpoenas are not honored.
pinging the usual crowd
Here a a direct link to the photo!
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