Obama and DNC motion for Protective Order Staying Discovery Pending Decision, Obama is Indonesian, Obama is an illegal alien

Below is the text of the Obama and DNC motion for Protective Order Staying Discovery Pending Decision. If Obama was eligible to be president, he would prove it. This is the action of a guilty person. Obama is an Indonesian citizen and illegal alien. He should be arrested and deported.

Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

ORDER

AND NOW, THIS ___ DAY OF ___________, 2008, upon consideration of the
Motion of Defendants Democratic National Committee and Senator Barack Obama for
Protective Order Staying Discovery Pending Decision On Dispositive Motion, and of the
submissions of the parties relating thereto, it is hereby ORDERED that said Motion is
GRANTED.

Surrick. J.

DMEAST #10127194 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

MOTION OF DEFENDANTS
DEMOCRATIC NATIONAL COMMITTEE AND
SENATOR BARACK OBAMA FOR A PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON DISPOSITIVE MOTION
Pursuant to Fed. R. Civ. P. 26(c)(1), defendants Democratic National Committee
and Senator Barack Obama respectfully move the Court for a protective order staying all
discovery in this action pending the Court’s decision on defendants’ motion to dismiss
the action for lack of subject matter jurisdiction and for failure to state a claim upon
which relief can be granted.

Pursuant to Fed. R. Civ. P. 26(c)(1), on October 6, 2008, counsel for defendants
conferred with plaintiff about agreeing to stay or defer discovery, including deferring
responses to the discovery requests already served by plaintiff (attached as Exhibit A
hereto). Plaintiff refused to consent to any such stay or deferral.

DMEAST #10127157 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 3 of 10

Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion for Protective Order and a proposed Protective Order.

Respectfully submitted,

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
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.com

Of counsel:

Joseph E. Sandler
General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127157 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 4 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE
AND DEFENDANT SENATOR BARACK OBAMA
IN SUPPORT OF MOTION FOR PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON
DISPOSITIVE MOTION
Defendants Democratic National Committee and Senator Barack Obama submit
this Brief in support of their Motion for Protective Order Staying Discovery Pending
Decision on Dispositive Motion. Plaintiff has served extensive discovery requests on
defendants. As noted in Defendants’ Brief in Support of their Motion to Dismiss, this
lawsuit is entirely without merit and plaintiffs’ allegations are patently false. Defendants
have moved to dismiss this action for lack of subject matter jurisdiction and failure to
state a claim. That motion presents solely issues of law; no discovery is needed in order
to resolve the motion. If the motion is granted, it will dispose of the entire action,
obviating the need for the burdensome discovery sought by plaintiff. A protective order
staying discovery is therefore warranted.

DMEAST #10127159 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 5 of 10

I. Procedural Background
In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as
President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr.
Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President;
an injunction barring Senator Obama from running for that office; and an injunction
barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of
all of the Senator’s college and law school applications, requests for financial aid, college
and law school papers, and “a copy of your entire presidential file pertaining to being
vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same
date, plaintiff served on the DNC 27 requests for admission and requests for production
of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a
matter of law, plaintiff has no standing to challenge the qualifications of a candidate for
President of the U.S. and has no federal cause of action.

True and correct copies of these discovery requests are attached as Exhibit A hereto.

DMEAST #10127159 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 6 of 10

II. Discussion
Rule 26(c)(1) authorizes the Court to enter a protective order to protect a party
“from annoyance, embarrassment, oppression, or undue burden or expense,” including an
order forbidding the discovery or specifying terms for discovery. “While the court should
not automatically stay discovery because a motion to dismiss has been filed, ‘a stay is
proper where the likelihood that such motion may result in a narrowing or an outright
elimination of discovery outweighs the likely harm to be produced by the delay.’” 19th
St. Baptist Church v. St. Peters Episcopal Church, 190 F.R.D. 345, 349 (E.D. Pa. 2000),
quoting Weisman v. Mediq, Inc., 1955 WL 273678, 1995 U.S. Dist. LEXIS 5900 *2 (E.D.
Pa. 1995). “Where a pending motion to dismiss may dispose of the entire action and
where discovery is not needed to rule on such motion, the balance generally favors
granting a motion to stay.” Weisman, 1995 U.S. Dist. LEXIS at *5.

In Weisman, in which this Court found that a motion to dismiss could be decided
on the pleadings, and could be decided in a relatively short time period, the Court granted
a stay of discovery. Similarly, in Norfolk Southern Rwy Co. v. Power Source Supply,
Inc., 2007 U.S. Dist. LEXIS 15306 (W.D. Pa. 2007), defendant filed a motion to dismiss
based on lack of subject matter jurisdiction; plaintiff served interrogatories and document
requests while that motion was pending. The court granted defendant’s motion for a
protective order staying discovery, ruling that, “where, as here, an objection to the
Court’s jurisdiction made under Rule 12 might compel the dismissal of an entire action,
the Court finds that considerations of fairness and efficiency suggest the prudence of
limiting discovery to those facts necessary to resolve the motion. Because the Parties in
this matter have fully briefed the jurisdiction issue and await only the Court’s ruling,

DMEAST #10127159 v1

3
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 7 of 10

discovery in this case shall be stayed and Defendant protected from the requests that
Plaintiff has already propounded.” Id. at *4.

In this case, as in Weisman and Norfolk Southern Rwy., defendants’ pending
motion to dismiss for lack of subject matter jurisdiction would dispose of the entire
action. The motion does not involve any disputed issues of fact: defendants contend that,
as a matter of law, plaintiff lacks standing to challenge the qualifications of a candidate
for President and that there is no federal cause of action that could serve as a means for
such a challenge. Thus, discovery is not needed in order to rule on the motion. In these
circumstances, a stay of discovery is warranted and appropriate.

DMEAST #10127159 v1

4
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 8 of 10

CONCLUSION
For the reasons set forth above, the Court should grant the motion of defendants
DNC and Senator Barack Obama for a protective order staying discovery pending a

decision on their motion to dismiss.
Respectfully submitted,
/s/ John P. Lavelle, Jr.
Dated: October 6, 2008 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.com
Of counsel:
Joseph E. Sandler

General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127159 v1

5
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 9 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

CERTIFICATION PURSUANT TO LOCAL RULE 26.1(F)

Undersigned counsel for Defendants Democratic National Committee and Senator

Barack Obama hereby certifies pursuant to Local Rule 26.1(f) that the parties, after reasonable

effort, are unable to resolve the dispute that is the subject matter of Defendants’ Motion for

Protective Order Staying Discovery Pending Decision On Dispositive Motion.

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
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.com

DMEAST #10127199 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 10 of 10

CERTIFICATE OF SERVICE

I hereby certify that on this day, a true and correct copy of the foregoing
Defendant Democratic National Committee’s and Defendant Senator Barack Obama’s
Motion for a Protective Order Staying Discovery Pending Decision on Dispositive Motion
and Brief in Support thereof was served by First Class U.S. Mail, postage prepaid, upon the
following:

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 09867

Plaintiff

Dated: October 6, 2008 /s/ John P. Lavelle, Jr.
John P. Lavelle, Jr.

DMEAST #10127407 v1

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13 responses to “Obama and DNC motion for Protective Order Staying Discovery Pending Decision, Obama is Indonesian, Obama is an illegal alien

  1. The connection between O.J. Simpson, the Clintons and Barack Obama is completely explained. The only thing that is not FULLY explicitly explained is what exactly the final leg is.
    As explained in the links, it is the final leg of the road 666, i.e. the path that ends with the formal acceptance of the mark of the beast, November 2, 2004.

    Again:
    – sheep accepting the “OJ Simpson not guilty after murdering” illuminati script was one of the milestones of the final leg;
    – sheep accepting the “Clinton acquitted after lying under oath” illuminati script was one of the milestones of the final leg.

    October 2008, the illuminati celebrate these milestones to the day, by staging the reversed repetition of those milestones:
    – “OJ Simpson guilty of robbery”, 13 years to the day;
    – launch of “Obama impeachment” ending with Obama guilty and Clinton “elected”, 10 years to the day.

    http://last-antichrist.blogspot.com/2007/05/hillary-clinton-2008-for-dummies-two.html
    http://end-times-data.blogspot.com/2008/02/loser-john-mccain-to-clinton-horrible.html
    http://end-times-prophet.blogspot.com/2008/02/hours-before-hillary-clinton-will-be.html
    http://end-times-computers.blogspot.com/2007/05/ronpaul2008com-barackobamacom.html

  2. Pingback: UPDATE: PHILLIP BERG LAWSUIT OBAMA AND THE DNC ASK THE COURT FOR AN ORDER PROTECTING THEM FROM HAVING TO SHOW DOCUMENTATION OF ELEGIBLITY « CaffineQueen’s Blog

  3. It is really ridiculous that these crooks can get away with what they are getting away with. Why do these lawyers and campaign people for Obama want to see America as she is turn to some socialistic, communistic country? I do not get it. It is too bad someone can’t break into where the information is and prove it once and for all. Of course, I realize that is not legal but something has to be done to stop this long legged mack daddy.

    Maybe I am just dumb, but I do not understand what Kyoon was even talking about. What does o.j. simpson and hillary clinton have in common? Not much as I can see. I would rather have Hillary any day of the week as the puppet we are probably going to get. God answers prayer and if it His will, Obama will not be President or if it is His will , Obama will be President. Lord, help us!!!

  4. Hmmm….let’s see…if I want to enroll in a public school in this country, apply for a passport, file for federal BENEFITS, I MUST produce a valid birth certificate….but to run for President of the United States of America….you don’t have to do ONE DAMN THING…….WTF is wrong with this picture?!? REVOLUTION PEOPLE!!!!!!!!!!!!!

  5. Obama doesn’t mind producing the fake evidence on his Fight The Smears site. But like HELL is he going to provide the same evidence under oath in the court of law. Avoidance is all he has left!

  6. CORSI HAS BEEN “DETAINED” IN KENYA!

    SATURDAY NIGHT LIVE “PULLS” SKIT FROM LAST WEEKEND, WHERE IT MENTIONS SORO’S, USING PELOSI/FRANK AS EXCUSE!

    MOVIE THEATERS CHEAT “AMERICAN CAROL” OUT OF CREDIT !

    FIND INTERVIEW BETWEEN MEGAN KELLEY AND STANLEY KURTZ THIS MORNING ON FOX. GREAT “CONNECT THE DOTS” FROM OBAMA, AYER’S, ACORN, FANNIE/FREDDIE AND THE FINANCIAL CRISIS!

    communism is alive and dangerous in the USA.

  7. Brenda, Kyoon seems to be “on something”. He posts that same comment on alot of blogs and NO ONE gets it.

  8. Where did you hear Corsi was detained in Kenya? I heard he was simply allowed to travel to an area he was not otherwise allowed to before, to get the story he wanted! Please explain your source.

  9. Patrick

    FOX M. Kelly this morning

    Joseph Farah (sp?) said AP story is NOT TRUE… He said he spoke to Corsi – the Kenyan government stopped him at the airport and he is detained.

  10. de ja vu

    he could be “detained” until AFTER the election…

    I’ve been “detained” before…. it is a stalling technique that is very effective.

  11. So, Corsi is detained at the airport only? Did they give any more details?

  12. Before you make comments it might help if you know the law. Submitting to discovery is not swearing anything in a court of law – it is producing documents that the court never sees unless you use them in trial. Motions for protective order are very, very common – especially when there is a motion pending that would dismiss the whole case – like in this case. A “dispositive” motion means that a party has filed a motion that will dispose of the case – probably a motion to dismiss because there is no basis in law for the claims brought. A little intelligence before you go spouting off about what a motion means would be helpful, but maybe that’s expecting too much.

  13. Debbie.
    Whom are you addressing.
    I have prepared and filed a motion, opposed an attorney and won.

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