Obama and the DNC have filed a motion to dismiss the Philip J Berg lawsuit.
Details to follow.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civil Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :
DEFENDANT DEMOCRATIC NATIONAL COMMITTEE’S
AND DEFENDANT SENATOR BARACK OBAMA’S
MOTION TO DISMISS
Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), defendants Democratic National
Committee and Senator Barack Obama respectfully move the Court for an order
dismissing the Complaint on the grounds that this Court lacks subject-matter jurisdiction
over the claim asserted and that the Complaint fails to state a claim upon which relief can
be granted.
Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of
Motion to Dismiss and a proposed Order.
Respectfully submitted,
Dated: September 24, 2008 /s/ John P. Lavelle, Jr.
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS &
INGERSOLL, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.
Citizen WElls 
Let’s hope that Jeff Schreiber’s “gut” is correct when he says that Judge Surrick has an order waitng for the motion to be filed.
No jurisdiction? Where would jurisdiction be for this. Hope this is rejected.
Nobama Nobiden November
This lawsuit should be a Class Action Lawsuit! We should not let the high price lawyers, paid by Obama, win us over.
All Obama had to do to clear up this matter was to submit an authentic birth certificate. Instead, he submits a motion to dismiss the complaint. What is he hiding?
I don’t know whether it’s correct, but it sure is ample (see the recent photo of me with FNC’s Carl Cameron).
I suspect that even though Judge Surrick did not toss this case when it first reached his chambers or during the first TRO hearing, he has been waiting for such a motion as reason to throw the case out.
We’ll see, I guess.
Glad to see this bogus lawsuit crashing and burning. Much like Berg’s usual shenanigans. What a joke. I can hear Bruce Springsteen singing now: “Born in the USA”
http://www.factcheck.org/elections-2008/born_in_the_usa.html
What made you think it is crashing and burning?
factcheck.org is a joke.
Obama was born in Kenya.
Obama being in denial and trying to pull another deception does not make the lawsuit go away.
WELL, WHO THE HECK WOULD HAVE JURISDICTION?
Well, if BO has nothing to hide, why doesn’t he just produce the BC? I think we all know why.
They will suppress this as long as they can cause this guy was apparently born in KENYA and holds dual citizenship.
From what I can gather that question still has not been adequtely addressed.
I’m not surew but i think you have to be born on AMERICAN soil to be qualified for the job he seeks.
You don’t have to be born on American soil, McCain wasn’t. But not being a US citizen is kind of a deal breaker.
A motion to dismiss looks suspicious to me. As a lay person, I think he should just submit an authentic proof, go public on the issue, and not hide behind the DNC. Stop campaigning and go to court, l0ok presidential by confronting his questioners.
This is RIDICULOUS. I can’t believe in this environment that ANYONE would even think about voting for Obama. But, the simple question is this…WHY DOESN’T HE JUST PRODUCE THE DOCUMENT? I see that the usual Obama mental minors are posting here. MCCAIN PRODUCED HIS DOCUMENTATION YOU IDIOT. He was born in a MILITARY HOSPITAL in AN AMERICAN ZONE. HE has been cleared, ready to run for POTUS a long, long time ago. OSAMA BIDEN LADEN REFUSES TO SHOW HIS BC. WHY? IF ANY OF US GOT SUED IN FEDERAL COURT, WE WOULD JUST HAND OVER THE BC. PERIOD, HE IS HIDING THE FACT THAT HE IS NOT ELIGIBLE TO RUN. THANK GOD. I KNEW WE COULD SAVE AMERICA AND GET RID OF THAT ASSHOLE ONE WAY OR ANOTHER. WHEW.
He cant produce the bc,because he has lied about it! I remember when his mom went to Kenya,It was a big news deal at the time because of her association with the communist party!My Mom’s response at the time was: well thats one kid that wont be president of the U.S.A.! He is not constitunally fit for potus!
Obama is hiding behind the DNC and can’t produce a birth-certificate because he wasn’t born in Hawaii as he says. Just more lies coming from the DNC and all their liberal followers.
Iam SO glad this has come to the front. I cannot imagine any thinking individual voting for anyone the likes of obama. I do not trust that man, – I can see it in his face. Not only is the subject of his citizenship in question, but he has also blatantly refused to salute the American flag – consider the icon developed for his campaign – It makes me sick!!!! IF he gets elected, I am really worried bout the future of America. Remember what President Reagan said: “If we ever forget that we are “One Nation under God”, then we are a Nation gone under.”
We produce our birth certificate for various things so why can’t he? Instead he will use up time in court, our tax dollars? He’s hiding that he is clearly NOT a US born citizen. If so, we will either never find out the truth OR worse yet is to find out after the election should he win and a whirlwind of disaster will result. I can see riots around the world on this. Obama has no concern for anyone but himself.
As of October 9th, 2008 the Judge DENIED Obama and DNC’s request to dismiss.
Obama and the DNC have until October 15th, 2008 to produce the certificate along with answers to a total of 20 questions (basically 10 for each).
See for yourself at: http://news.justia.com/cases/featured/pennsylvania/paedce/2:2008cv04083/281573/
Open the Docket #18 for the full story!!!!
BYE OBAMA, BYE
That is incorrect.
You can read on Berg’s site or read the email he sent me.
Citizen Wells, this is a question that has been haunting me, but I feel kind of silly asking it, since I don’t know much about the intricacies of law. As I’ve understood from reading, the case was dismissed because Attorney Berg could not prove injury-in-fact.
Hypothetically, had Berg contributed money to the Obama campaign, and then later found out that he thought Obama to be ineligible, would he have been able to declare his campaign contributions as damages, resulting in an injury-in-fact?
Sue B.
That is a good question.
I will try to get an answer.
Wells