BERG v. OBAMA et al
Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his U.S. citizenship status.
The case was dismissed on October 24, 2008. See Jurist for a summary of the dismissal.
| PHILIP J. BERG |
| BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and DOES 1-50 INCLUSIVE |
| 2:2008cv04083 |
| August 21, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Other Statutory Actions Office |
| Montgomery |
| R. BARCLAY SURRICK |
| Plaintiff |
| U.S. Government Defendant |
| 28:2201 Injunction |
Docket Report
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Filing 35
ORDER of USCA dated 11/12/2009 that the judgment of the District Court entered 10/27/2008, be and the same is hereby affirmed. Costs taxed against Appellant. (tomg, )
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Filing 34
ORDER THAT HAVING DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, ALL PENDING MOTIONS ARE DISMISSED AS MOOT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/24/09.7/27/09 ENTERED AND COPIES E-MAILED. 7/24/09 COPIES MAILED TO PRO SE PARTIES BY CHAMBERS AND FAXED BY CHAMBERS. (lisad, )
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| Filing 33 Certified Copy of Order from U.S.C.A dated 10/22/08 that the petition for writ of mandamus be, and the same is, denied. All of the above in accordance with the opinion of the Court (lisad, ) |
| Filing fee: $ 5.00, receipt number 400 953066 (lisad, ) |
| Filing fee: $ 450.00, receipt number 400 952961 (lisad, ) |
| Mail Returned as to T.B. Bradley: Copy of Order dated 10/27/08 returned as unable to forward, no mail receptacle (lisad, ) |
| Filing 32 U.S. CITIZEN /VOTER GORDON A. STAMPER'S APPLICATION AND NOTICE OF MOTION TO INTERVENE AS A MATTER OF RIGHT FRCP 24, CERTIFICATE OF SERVICE. (jpd) |
| Filing 31 Clerk's Notice to USCA re 30 Notice of Appeal : (jpd, ) |
| Filing 30 NOTICE OF APPEAL as to 28 Memorandum & Opinion,, by PHILIP J. BERG. Filing fee $ 455. Copies to Judge, Clerk USCA, Appeals Clerk and PHILIP J. BERG (BERG, PHILIP) |
| NOTICE of Docketing Record on Appeal from USCA re 30 Notice of Appeal filed by PHILIP J. BERG. USCA Case Number 08-4340 (jpd, ) |
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Filing 29
ORDER THAT HAVING DISMISSED PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF IT IS ORDERED THAT ALL PENDING MOTIONS ARE DISMISSED AS MOOT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/27/08. 10/27/08 ENTERED AND COPIES MAILED TO PRO SE PARTIES, E-MAILED AND FAXED TO COUNSEL FROM CHAMBERS. (jpd)
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| Filing 28 MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE AND SENATOR BARACK OBAMA TO DISMISS FIRST AMENDED COMPLAINT (DOC. NO. 20) IS GRANTED; DEFENDANT FEDERAL ELECTION COMMISSION'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (DOC. NO. 24) IS GRANTED; AND PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF IS DISMISSED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/24/08. 10/27/08 ENTERED AND COPIES MAILED TO PRO SE PARTIES AND E-MAILED AND FAXED FROM CHAMBERS. (jpd) |
| Filing 27 MOTION for Summary Judgment filed by PHILIP J. BERG.Brief in support thereof and Certificate of Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(BERG, PHILIP) |
| Filing 26 MOTION for Order for Expedited Ruling, Hearing and/or Resolution of Plaintiff's Motion for Summary Judgment filed by PHILIP J. BERG.Certificate of Service.(BERG, PHILIP) |
| Filing 25 MOTION for Order Deeming Requests for Admissions Admitted filed by PHILIP J. BERG.Certificate of Service. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(BERG, PHILIP) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction filed by THE FEDERAL ELECTION COMMISSION.Memorandum. (Attachments: # 1 Memorandum of Law)(STREETER, BENJAMIN) |
| Filing 22 MOTION for Order Expediting Ruling on Plaintiffs Motion Deeming Plaintiffs Request for Admissions Admitted filed by PHILIP J. BERG.Certificate of Service.(BERG, PHILIP) |
| Filing 21 MOTION for Order Deeming Requests for Admissions - Admitted filed by PHILIP J. BERG.Deeming Requests for Admissions - Admitted.(BERG, PHILIP) |
| Filing 23 T.B. BRADLEY'S REQUEST FOR THE COURT TO TAKE JUDICIAL NOTICE OF FILING COMPLAINT AND DEMAND FOR INVESTIGATION WITH THE UNITED STATES DEPT. OF JUSTICE-PUBLIC CORRUPTION DIVISION AND OTHER U.S. AGENCIES, CERTIFICATE OF SERVICE.(jpd) |
| Filing 20 MOTION to Dismiss First Amended Complaint filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Memorandum of Law, Certificate of Service.(LAVELLE, JOHN) |
| Filing 19 U.S. CITIZEN JUDSON WITHAM'S APPLICATION AND NOTICE OF MOTION TO INTERVENE AS A MATTER OF RIGHT FRCP 24, CERTIFICATE OF SERVICE. (jpd) |
| Filing 18 RESPONSE in Opposition re 15 MOTION for Protective Order Staying Discovery Pending Decision on Dispositive Motion Brief in Support thereof and Certificate of Service filed by PHILIP J. BERG. (BERG, PHILIP) |
| Filing 17 MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JANE DOE. (jpd) |
| Filing 16 T.B. BRADLEY'S MOTION FOR APPLICATION TO INTERVENE WITH COMPLAINT AND PETITION FOR WRIT OF MANDAMUS DIRECTED TO THE AGENCIES OF THE UNITED STATES AND MOTION FOR INJUNCTIVE RELIEF, CERTIFICATE OF SERVICE. (jpd) |
| Filing 15 MOTION for Protective Order Staying Discovery Pending Decision on Dispositive Motion filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief, Certification, Certificate of Service. (Attachments: # 1 Exhibit Exhibit A)(LAVELLE, JOHN) |
| Filing 14 MOTION for Leave to File First Amended Complaint filed by PHILIP J. BERG.Brief in support thereof and Certificate of Service. (Attachments: # 1 Exhibit)(BERG, PHILIP) |
| Filing 13 RESPONSE in Opposition re 12 MOTION to Dismiss Brief in Support thereof and proof of service filed by PHILIP J. BERG. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(BERG, PHILIP) (Additional attachment(s) added on 9/30/2008: # 13 Exhibit 1) (jpd, ). |
| Filing 12 MOTION to Dismiss filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief and Certificate of Service.(LAVELLE, JOHN) |
| Filing 11 APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE TO INTERVENE AND FOR WRIT IN THE NATURE OF PROHIBITION, CERTIFICATE OF SERVICE. (jpd) |
| Filing 10 ADDITIONAL CERTIFICATE OF SERVICE BY PLAINTIFF PHILIP J. BERG, ESQUIRE REGARDING SERVICE OF PLAINTIFF'S MOTION FOR EXPIDITED DISCOVERY UPON DEFENDANT BARACK H. OBAMA BY FAX AND UNITED STATES POSTAL SERVICE EXPRESS MAIL AND DEFENDANT DEMOCRATIC NATIONAL COMMITTEE BY FAX AND UNITED STATES POSTAL SERVICE EXPRESS MAIL. (FAX TRANSMISSION LOG AND EXPRESS MAIL RECEIPTS ATTACHED). (jpd) |
| One Alias Summons Issued as to THE FEDERAL ELECTION COMMISSION. Forwarded To: Counsel on 9/12/08 (sc, ) |
| Filing 9 Reissuance of Summons for the FEC by PHILIP J. BERG. (BERG, PHILIP) |
| Filing 8 MOTION to Expedite Discovery, Extensive Discovery and Appoint A Special Master filed by PHILIP J. BERG.Memorandum and Certificate of Service.(BERG, PHILIP) |
| Filing 7 Affidavit of Service of BRANDON A. SNESKO re: service of Alias Summons and Complaint, Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and for Expedited Discovery; Plaintiff's Motion for Temporary Restraining Order and for Expedited Discovery upon INDIRA HENRAD on behalf of DEFENDANT BARACK OBAMA, and upon AMANDA LAFORGE on behalf of DEFENDANT THE DEMOCRATIC NATIONAL COMMITTEE by PERSONAL SERVICE on 9/4/2008, answer due 9/24/2008. (jpd). |
| 2 Original Alias Summons Issued as to DEFENDANTS BARACK HUSSEIN OBAMA, DEMOCRATIC NATIONAL CONVENTION. Forwarded to Counsel on 9/3/08 (jpd, ) |
| Filing 6 Praecipe for Reissuance of Summons by PHILIP J. BERG. (BERG, PHILIP) Modified on 9/3/2008 (le, ). |
| Filing 5 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for THE FEDERAL ELECTION COMMISSION on 8/22/2008, answer due 10/21/2008. (jpd) |
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Filing 4
ORDER THAT UPON CONSIDERATION OF PLAINITFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. 2) AND AFTER HAVING A HEARING IN OPEN COURT IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/22/08. 8/22/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd)
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| Filing 3 Minute Entry for TRO Hearing held before HONORABLE R. BARCLAY SURRICK held on 8/22/08. ESR. M. FINNEY: MR. BERG ADDRESSES THE COURT. COURT DENIED PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. (jpd) |
| Filing 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1 Memorandum)(tj, ) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 951001.), filed by PHILIP J. BERG.(tj, ) |
| DEMAND for Trial by Jury by PHILIP J. BERG. (tj, ) |
| Summons 5 Issued; 4 Mailed to counsel and 1 Forwarded to the U.S. Attorney's Office 8/22/08 as to BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION. (tj, ) |
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