BERG v. OBAMA et al Featured Case

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.

Plaintiff: PHILIP J. BERG
Defendant: BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE 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
County: Montgomery
Presiding Judge: R. BARCLAY SURRICK
Nature of Suit: Plaintiff
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:2201 Injunction

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
September 15, 2008 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)
September 18, 2008 11
APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE TO INTERVENE AND FOR WRIT IN THE NATURE OF PROHIBITION, CERTIFICATE OF SERVICE. (jpd)
September 24, 2008 12
MOTION to Dismiss filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief and Certificate of Service.(LAVELLE, JOHN)
September 29, 2008 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, ).
October 6, 2008 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)
October 6, 2008 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)
October 7, 2008 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)
October 7, 2008 17
MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JANE DOE. (jpd)
October 9, 2008 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)
October 15, 2008 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)
August 21, 2008 1
COMPLAINT against all defendants ( Filing fee $ 350 receipt number 951001.), filed by PHILIP J. BERG.(tj, )
October 20, 2008 20
MOTION to Dismiss First Amended Complaint filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Memorandum of Law, Certificate of Service.(LAVELLE, JOHN)
October 21, 2008 21
MOTION for Order Deeming Requests for Admissions - Admitted filed by PHILIP J. BERG.Deeming Requests for Admissions - Admitted.(BERG, PHILIP)
October 21, 2008 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)
October 20, 2008 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)
October 21, 2008 24
MOTION to Dismiss for Lack of Jurisdiction filed by THE FEDERAL ELECTION COMMISSION.Memorandum. (Attachments: # 1 Memorandum of Law)(STREETER, BENJAMIN)
October 21, 2008 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)
October 22, 2008 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)
October 22, 2008 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)
October 24, 2008 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)
October 27, 2008 29 Opinion or Order of the Court
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)
August 21, 2008 2
MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1 Memorandum)(tj, )
October 30, 2008 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)
October 30, 2008 31
Clerk's Notice to USCA re 30 Notice of Appeal : (jpd, )
October 30, 2008 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)
August 22, 2008 4 Opinion or Order of the Court
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)
August 22, 2008 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)
September 2, 2008 6
Praecipe for Reissuance of Summons by PHILIP J. BERG. (BERG, PHILIP) Modified on 9/3/2008 (le, ).
September 9, 2008 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).
September 9, 2008 8
MOTION to Expedite Discovery, Extensive Discovery and Appoint A Special Master filed by PHILIP J. BERG.Memorandum and Certificate of Service.(BERG, PHILIP)
September 11, 2008 9
Reissuance of Summons for the FEC by PHILIP J. BERG. (BERG, PHILIP)

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Plaintiff: PHILIP J. BERG
Represented By: PHILIP J. BERG
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Defendant: BARACK OBAMA
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Defendant: THE DEMOCRATIC NATIONAL COMMITTEE
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Defendant: DOES 1-50 INCLUSIVE
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