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Berg vs Obama: Obama and DNC File Motion to Delay Discovery
http://www.americasright.com ^ | 10/06/08 | Jeff Schrieber

Posted on 10/06/2008 4:30:11 PM PDT by NoobRep

TWO FILINGS: Berg Files Motion for Leave to File Amended Complaint, Obama and DNC File Motion to Delay Discovery Until Judge Decides on Prior Motion to Dismiss

It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion for expedited discovery.

Bear with me, here. Geez, I wish I could just do this for a full-time job -- it would be so much easier without all this other stuff (work, school, etc.) in the way!

Keep checking back. Due to the amount of information, I may split this up into two separate posts. We'll see.

-- Jeff

4:45 p.m. -- Obama, DNC File Motion for Protective Order

I'll pretty it up and explain things a little bit better later on this evening, but here's what's going on, so far and in brief:

As I was talking with one of my contacts at the courthouse about this motion, my phone rings and it is Philip Berg. He's fired up. Apparently, he had just been contacted by John LaVelle, attorney for Barack Obama and the DNC, and asked whether he would "put off discovery until Judge Surrick ruled on the motion to dismiss."

Until I have time to get into this more specifically, here's the rub:

Basically, the law states that Judge Surrick can order discovery even in the face of a pending dispositive motion such as the motion to dismiss filed on September 24 by Obama and the DNC. In other words, he can order full discovery, limited discovery, or none at all before ruling on the dismissal. The attorneys for Obama and the DNC, however, just filed a motion asking for a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."

Just like with the amended complaint, an attorney cannot simply file a protective order but must file a motion for one, essentially asking the court to issue one. Make sense so far? That's what this is -- defense attorney John LaVelle filed such a motion this afternoon, a motion asking the judge to issue a protective order which would allow for a ruling to come down on the motion to dismiss before the commencement of any discovery.

Obviously the first reaction is "what do they have to hide?" or something along those lines. Rule 26(c) of the Federal Rules of Civil Procedure provides authorization to the court for just such a matter, ostensibly to protect one of the parties from embarrassment or oppression or the like. I'm sure there's some case law on it as well. Still, even knowing the rules, I will admit that my first reaction was one of suspicion.

As for Philip Berg, while he and I will chat later on, here's a snippet of what he had to say in our brief conversation:

"He's asking to delay discovery and, Jeff, I'm obviously going to oppose it, " he said. "This isn't right. This just isn't right. By tomorrow, we'll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It's time to put up or shut up."


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: 2008; barrydunham; barrysoetoro; berg; bergvobama; birthcertificate; certifigate; citizen; citizenship; clinton; colb; colbaquiddic; dnc; dunham; fec; hawaii; hillary; indonesia; kenya; lawsuit; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; passport; philberg; philipberg; puma; pumas; soetoro; surrick
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Wow man I am agreeing with Berg in his comment at the end. People should be outraged that Obama can't produce the documents! These stall tactics just prove Obama isn't eligible to run for POTUS.

How about we start calling and emailing all our local televisioin and radio stations.

1 posted on 10/06/2008 4:30:11 PM PDT by NoobRep
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To: NoobRep

I think Berg has a valid case. Why would Obama simply not produce a valid US birth cert, if he had it. Obviously he doesn’t have it.


2 posted on 10/06/2008 4:31:36 PM PDT by Signalman
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To: NoobRep

You know, all along I have thought that this was a crock o’ ——. But it would be so simple just to produce the documents and end all of it. But he either can’t or won’t. There is something to this story.


3 posted on 10/06/2008 4:32:05 PM PDT by johniegrad
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To: johniegrad

I was pretty skeptical in the beginning myself.


4 posted on 10/06/2008 4:34:15 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: Bobkk47

The constitution exists to safeguard our individual rights as citizens and to make sure that government functions in a coherent fashion based on laws. We may have a situation that over half of the electorate wants something to occur that is unconstitutional. How will this play out?


5 posted on 10/06/2008 4:34:29 PM PDT by johniegrad
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To: NoobRep

I wonder what is taking the judge so long to rule? How complicated can this be?


6 posted on 10/06/2008 4:35:08 PM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: NoobRep

Wouldn’t the State of Hawaii have some kind of Constitutional responsibility to provide proof...or bring forward the lack of proof of a presidential candidate who was claiming to be a natural born citizen of their state?

Hawaii either can produce this document or they can’t. If they can’t then he wasn’t born there...and isn’t eligible. Couldn’t they subpoena the state to produce a certified copy of his birth certificate?


7 posted on 10/06/2008 4:35:58 PM PDT by Illinois Rep
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To: NoobRep

SO what’s the big deal, Barry. If you are an American born citizen just produce the record of birth. Why would this not be required of an Presidential candidate if so requested? It is a Constitutional requirement.


8 posted on 10/06/2008 4:36:02 PM PDT by all the best
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To: NoobRep

Bet 50 bucks the ass does not have a valid American BC. Bet this F*up is one they did not even bother to check when he became the “ONE” They are in deep dodo now.

If they had one why not show it.???? Konan wants to know!


9 posted on 10/06/2008 4:36:12 PM PDT by primatreat ("Flight animals are generally a nice source of food and wonderful target practice".)
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To: NoobRep

"Documents? What documents?"

10 posted on 10/06/2008 4:36:27 PM PDT by MarineBrat (My wife and I took an AIDS vaccination that the Church offers.)
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To: Bobkk47; nomad; ConservativeMan55
PING for ACTION and REACTION - GET TO WORK FReePERS!

USE THE SUBJECT LINE - OBAMA HIDING BEHIND A LAWER - WONT PRODUCE COLB! OR SOMETHING OF THAT NATURE.

11 posted on 10/06/2008 4:36:54 PM PDT by IllumiNaughtyByNature (I Love The Smell Of Schmidt Storm in the Morning...and Afternoon....and at Night!!!!!)
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To: NoobRep
This tells me enough!!!!!..Photobucket
12 posted on 10/06/2008 4:36:59 PM PDT by GitmoSailor (AZ Cold War Veteran====McCain/Palin 2OO8==My Mouse is a MOOSE=Donate to FR)
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To: johniegrad
The constitution exists to safeguard our individual rights as citizens and to make sure that government functions in a coherent fashion based on laws. We may have a situation that over half of the electorate wants something to occur that is unconstitutional. How will this play out?

Probably like the 1967 riots.

13 posted on 10/06/2008 4:37:37 PM PDT by Azzurri
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To: NoobRep
0bama ought to know that the cover up is ALWAYS more damaging than whatever is being concealed.

For that reason alone, the original Certificate of Live Birth should have been produced in order to put this away for good.

This isn't some mistress hiding in a hotel for Johnny Edwards to visit, this is much more serious than that and try as they might, the media isn't going to be able to keep a lid on this story much longer. They'll try, but it's growing legs.

The fact that 0bama has tried to muzzle Berg by motions to dismiss and to prevent discovery from proceeding means that there is much more than smoke, they've got themselves a fire that isn't going to be easily put out.
14 posted on 10/06/2008 4:38:07 PM PDT by mkjessup (John F'in Kerry = Won't sign a Form 180. B'rack Obama = Can't produce a valid Birth Certificate.)
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To: johniegrad
You know, all along I have thought that this was a crock...

Me too. I'm wondering if they may be delaying this just to produce it at the last minute.
15 posted on 10/06/2008 4:38:33 PM PDT by MarkeyD (Not In My Name! Palin turned me. McCain turned me off. McCain, get busy or I'm out.)
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To: NoobRep

I wouldn’t waste my time with this, Sinclair or calling Barry a muslim. We have much stronger ammo like this video.

http://www.youtube.com/watch?v=S8QcpdUtxNQ

How about Obama openly campaigning for his communist cousin Odinga who signed a pact with Muslims to enact Sharia Law if elected and started riots when he lost. Obama campaigned for an openly Anti-American candidate in a foreign country in 2006 at taxpayer expense.


16 posted on 10/06/2008 4:39:45 PM PDT by word_warrior_bob (You can now see my amazing doggie and new puppy on my homepage!! Come say hello to Jake & Sonny)
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To: NoobRep

I know. The problem is Obama won’t produce documents. I would think even the Judges would want to know if Obama is LEGALLY able to run as President of the United States.

After all, isn’t that the business they are in?


17 posted on 10/06/2008 4:39:58 PM PDT by freekitty (Give me back my conservative vote.)
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To: all the best

Nothing will come of this if it’s proven he was born in Kenya. First, he’s a democrat. Second, he’s a minority. And third, a liberal judge would explain to us that that’s not what the constitution really means.


18 posted on 10/06/2008 4:40:33 PM PDT by Terry Mross
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To: Bobkk47

It cannot cost more than $20 bucks to order a copy of a birth certificate. How many $10,000’s has O’s campaign spent in legal fees on this already? Not mind you that his lawyers are going to be particularly scrupulous about efficient disposition of the matter when pockets are deep and there are fees to be earned.


19 posted on 10/06/2008 4:40:36 PM PDT by AndyJackson
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To: MarkeyD

Diversionary technique?


20 posted on 10/06/2008 4:40:45 PM PDT by johniegrad
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To: johniegrad

I thought this too was a bit ado about nothing. But their responses have me going hmmmmmm...what are you hiding Barry?


21 posted on 10/06/2008 4:41:02 PM PDT by donnab (Will the real Obama please stand up?)
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To: IllumiNaughtyByNature
WONT PRODUCE COLB

Huh? Is that some odd sort of disease? Sounds dangerous.

22 posted on 10/06/2008 4:41:50 PM PDT by Cobra64 (www.BulletBras.net; all)
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To: NoobRep

All he has to do is produce a birth certificate. And he hires lawyers to keep it secret? BO is not a US citizen. It’s obvious now. Why hasn’t the secret service figured this out yet?


23 posted on 10/06/2008 4:42:21 PM PDT by realcleanguy ("I have not yet begun to fight")
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To: MarineBrat

I would so love to go to Nashville to the debate tomorrow and ask him why he is fighting providing his birth certificate.

I live about 2 hours from Nashville. I have kids out on fall break . . . wonder how one could attend the debate. Invitation only?


24 posted on 10/06/2008 4:42:28 PM PDT by Qwackertoo
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To: MarkeyD

No reason whatsoever that they would drag this out if they could truly produce the proof of eligibility. Maybe they’re trying to doctor up a phony birth certificate?


25 posted on 10/06/2008 4:43:09 PM PDT by NoobRep
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To: NoobRep

Wow! Hussein and the DNC are really fighting hard not to have to prove that Hussein is Constitutionally eligible to be President.


26 posted on 10/06/2008 4:43:29 PM PDT by Lancey Howard (Go, Phillies!)
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To: Cobra64

Certificate of Live Birth


27 posted on 10/06/2008 4:43:32 PM PDT by originalbuckeye
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To: NoobRep

“He’s asking to delay discovery and, Jeff, I’m obviously going to oppose it, “ he said. “This isn’t right. This just isn’t right. By tomorrow, we’ll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It’s time to put up or shut up.


28 posted on 10/06/2008 4:44:15 PM PDT by Osage Orange (" I did not have radical relations with that man, William Ayers. " -Barack Hussein Obama)
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To: NoobRep
Any legal minds out there?

Is there any advantage for Obama to not produce the required document(s) NOW?

29 posted on 10/06/2008 4:45:06 PM PDT by lewislynn (What does the global warming movement and the Fairtax movement have in common? Disinformation)
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To: Cobra64

Certificate of Live Birth


30 posted on 10/06/2008 4:46:30 PM PDT by IllumiNaughtyByNature (I Love The Smell Of Schmidt Storm in the Morning...and Afternoon....and at Night!!!!!)
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To: word_warrior_bob
Not sure it's a waste of time, Bob.

I realize the Odinga deal is huge to me, and you.....but we need to find something that will STICK with the MSM / DBM.

31 posted on 10/06/2008 4:48:08 PM PDT by Osage Orange (" I did not have radical relations with that man, William Ayers. " -Barack Hussein Obama)
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To: Bobkk47
Why would Obama simply not produce a valid US birth cert, if he had it. Obviously he doesn’t have it.

But, but, ...he said in his book that had his original Birth Certificate...

Surely, he wouldn't lie?

32 posted on 10/06/2008 4:48:47 PM PDT by Wil H (No Accomplishments, No Experience, No Resume, No Records, No References, Nobama..)
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To: NoobRep
This is getting really, really interesting.

Obama and the DNC are trying every trick in the book to avoid producing the COLB.

Hey Barry, just what's on that thing that you're going to so much trouble to keep hidden?

33 posted on 10/06/2008 4:48:50 PM PDT by mojito
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To: Right Wing Assault
I wonder what is taking the judge so long to rule? How complicated can this be?

The judge is probably hoping it goes away or is trying to figure out how to rule so he doesn't look like a fool or that he is in the tank for Obama. Once he figures that out he will rule in favor of Obama and send Berg packing.

34 posted on 10/06/2008 4:48:56 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: word_warrior_bob

Yup, this is grasping at tiny little straws.


35 posted on 10/06/2008 4:49:24 PM PDT by somerville
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To: NoobRep

http://www.youtube.com/watch?v=iBgkDSw-wQ0

This is a terrific analysis of the fake birth certificate.


36 posted on 10/06/2008 4:49:56 PM PDT by Illinois Rep
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To: originalbuckeye

That makes sense as long as everyone is up on acronyms. I guess I’ll just have to buy more DASD. The price has come down a lot in the last few years.


37 posted on 10/06/2008 4:50:00 PM PDT by Cobra64 (www.BulletBras.net; all)
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To: NoobRep; Admin Moderator
Can we PLEASE put this in BREAKING???

THIS is something that EVERY American should have the right to know is going on. They should know that Obama is stalling in producing these very basic documents.

If this is in BREAKING it will get much more of the attention that is deserves.

Also, sending this to Drudge, Hannity and Greta(PUMA)

Lord, expose Barack Hussein Obama for who he is. He is being aided by the enemy. Lay those enemies to waste and shed light on this case. Give the judge the courage to proceed. In your name, Amen.

38 posted on 10/06/2008 4:51:00 PM PDT by Anti-Hillary (Yo Barry, IF FOR 20 YEARS YOU STAY IN THE PEW, IT'S BECAUSE YOU SHARE THE VIEW!!!!!)
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To: NoobRep

Sean should give Mr. Berg some face-time on Fox.


39 posted on 10/06/2008 4:51:04 PM PDT by TexasCajun
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To: pissant; expatguy

Ping


40 posted on 10/06/2008 4:51:15 PM PDT by beaversmom
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To: NoobRep

Obviously Obama has something to hide otherwise he could make this go away real fast by simply producing a valid birth certificate. Plus he could make everyone involved look foolish and say it’s further proof that he’s being picked on.


41 posted on 10/06/2008 4:51:37 PM PDT by Vicki (Washington State where anyone can vote .... illegals, non-residents, dead people, dogs, felons)
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To: NoobRep
Bump!
42 posted on 10/06/2008 4:52:02 PM PDT by Shqipo (McCain/Palin rallies.... No rock bands required.)
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To: Bobkk47
The natural instinct of lawyers is to go for the dispositive motion.

In most cases, discovery may be stayed at the trial court's discretion while a motion to dismiss for lack of standing is filed.

Ordinarily it saves time and burdensome, useless discovery if the plaintiff has no standing.

BUT . . . sometimes common sense has to trump lawyer-think. The political repercussions of not producing the COLB are great. Ditto of getting this case dismissed on a technicality.

That's ASSUMING that his COLB wasn't issued in Kenya or somewhere . . . . or that it exists at all.

43 posted on 10/06/2008 4:52:40 PM PDT by AnAmericanMother (Ministrix of ye Chasse (TTGC Ladies Auxiliary, recess appointment))
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To: NoobRep

I think we are missing the real rub here>

I read the entire brief last night it it appears that not only is Mr. Berg asking for a long form birth certificate he is also asking for his passport. He asserts that BO was born in Kenya, his mother could not have claimed him as a citizen based on a law that he had to have lived in the US fo 5 years after her 14th birthday. BO’s mom divorced his real dad and married an Indonesian and moved to Indonesia. He attended school there and was ADOPTED by his father and given his sur name which makes him a citizen of Indonesia based on both US and Indonesian law. He then returned to the US to live with his grandparents as an ILLEGAL ALIEN. He also claims that he traveled to Pakistan in the early 80’s on his Indonesian Citizen issued passport.

I don’t think it’s the brith certificate BO doesn’t want to hand over. The MSM is trying to make people believe that is what it’s about.

Mr. Berg is also suing BO, The DNC, and the FED for defrauding American citizens out of $400 million dollars for mounting an illegal presidential campaign.


44 posted on 10/06/2008 4:53:02 PM PDT by PJammers (I can't help it... It's my idiom!)
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To: Vicki

Maybe his Columbia University entrance papers somehow reference he was born in Kenya...not the U.S.A.


45 posted on 10/06/2008 4:53:03 PM PDT by Illinois Rep
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To: Osage Orange

To me it’s an important constitutional issue. What happens if he wins and later admits that he isn’t an American born citizen?

It’s a precedent we really don’t want to set.


46 posted on 10/06/2008 4:53:08 PM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: pepperhead

Berg feels that Surrick will rule against Obama and the DNC. And even if he doesn’t, he feels the Supreme Court will hear it.


47 posted on 10/06/2008 4:53:18 PM PDT by NoobRep
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To: NoobRep
During his lengthy early August interview with ABC news, Bill Clinton was asked by ABC correspondent Kate Snow if he thought Obama was completely qualified to be President. Clinton's reply?

"The Constitution sets qualifications for the president, and then the people decide who they think would be the better president".

48 posted on 10/06/2008 4:53:28 PM PDT by Lancey Howard (Go, Phillies!)
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To: NoobRep
There many times in my life to this point I've had to produce a valid certified birth certificate. Why this is such a difficult thing for Obama to do is odd, to say the least. In fact, it is odd that any candidate for the Presidency of the United States doesn't have to file this with the FEC before being allowed to run.
49 posted on 10/06/2008 4:53:34 PM PDT by pieceofthepuzzle
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To: AndyJackson

My husband had to order his the other day from OK. Got it in very short order for $10.


50 posted on 10/06/2008 4:54:08 PM PDT by beaversmom
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