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: US District Court for the Eastern District of Pennsylvania
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
Docket Report

This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2010 Opinion or Order 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, )
July 24, 2009 Opinion or Order 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, )
December 22, 2008 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, )
November 18, 2008 Filing fee: $ 5.00, receipt number 400 953066 (lisad, )
November 14, 2008 Filing fee: $ 450.00, receipt number 400 952961 (lisad, )
November 7, 2008 Mail Returned as to T.B. Bradley: Copy of Order dated 10/27/08 returned as unable to forward, no mail receptacle (lisad, )
October 30, 2008 NOTICE of Docketing Record on Appeal from USCA re 30 Notice of Appeal filed by PHILIP J. BERG. USCA Case Number 08-4340 (jpd, )
October 30, 2008 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)
October 30, 2008 Filing 31 Clerk's Notice to USCA re 30 Notice of Appeal : (jpd, )
October 30, 2008 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)
October 27, 2008 Opinion or Order 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)
October 24, 2008 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)
October 22, 2008 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)
October 22, 2008 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)
October 21, 2008 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)
October 21, 2008 Filing 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 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)
October 21, 2008 Filing 21 MOTION for Order Deeming Requests for Admissions - Admitted filed by PHILIP J. BERG.Deeming Requests for Admissions - Admitted.(BERG, PHILIP)
October 20, 2008 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)
October 20, 2008 Filing 20 MOTION to Dismiss First Amended Complaint filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Memorandum of Law, Certificate of Service.(LAVELLE, JOHN)
October 15, 2008 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)
October 9, 2008 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)
October 7, 2008 Filing 17 MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JANE DOE. (jpd)
October 7, 2008 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)
October 6, 2008 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)
October 6, 2008 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)
September 29, 2008 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, ).
September 24, 2008 Filing 12 MOTION to Dismiss filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief and Certificate of Service.(LAVELLE, JOHN)
September 18, 2008 Filing 11 APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE TO INTERVENE AND FOR WRIT IN THE NATURE OF PROHIBITION, CERTIFICATE OF SERVICE. (jpd)
September 15, 2008 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)
September 11, 2008 One Alias Summons Issued as to THE FEDERAL ELECTION COMMISSION. Forwarded To: Counsel on 9/12/08 (sc, )
September 11, 2008 Filing 9 Reissuance of Summons for the FEC by PHILIP J. BERG. (BERG, PHILIP)
September 9, 2008 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)
September 9, 2008 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).
September 3, 2008 2 Original Alias Summons Issued as to DEFENDANTS BARACK HUSSEIN OBAMA, DEMOCRATIC NATIONAL CONVENTION. Forwarded to Counsel on 9/3/08 (jpd, )
September 2, 2008 Filing 6 Praecipe for Reissuance of Summons by PHILIP J. BERG. (BERG, PHILIP) Modified on 9/3/2008 (le, ).
August 22, 2008 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)
August 22, 2008 Opinion or Order 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)
August 22, 2008 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)
August 21, 2008 DEMAND for Trial by Jury by PHILIP J. BERG. (tj, )
August 21, 2008 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, )
August 21, 2008 Filing 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1 Memorandum)(tj, )
August 21, 2008 Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 951001.), filed by PHILIP J. BERG.(tj, )

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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: THE FEDERAL ELECTION COMMISSION
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Defendant: DOES 1-50 INCLUSIVE
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