Here is the main part of Philip J Berg’s filing today, Tuesday, October 21, 2008. The complete filing will be available later:
“UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, ::
Plaintiff
:
vs.
: CIVIL ACTION NO. 2:08-cv-04083-
RBS
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants
:
PLAINTIFF’S MOTION REQUESTING AN IMMEDIATE ORDER DEEMING
PLAINTIFF’S REQUEST FOR ADMISSIONS TO DEFENDANTS, BARACK
HUSSEIN OBAMA and THE DEMOCRATIC NATIONAL COMMITTEE,
ADMITTED
NOW COMES
the Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”] and
respectfully requests this Honorable Court to grant Plaintiff’s Motion and issue an
immediate Order deeming Plaintiff’s Requests for Admissions, served upon Defendants,
Barack Hussein Obama [hereinafter “Obama”] and The Democratic National Committee
[hereinafter “DNC”] on September 15, 2008 “Admitted” on the following Grounds:
1. Plaintiff filed this action on August 21, 2008 requesting Declaratory and
Injunctive Relief, as Obama does not meet the qualifications or eligibility to run
for and/or serve as the President of the United States.
2. On or about September 9, 2008, Plaintiff filed a Motion for Expedited
Discovery, Extensive Discovery and Depositions of Obama and Howard Dean,
Chairman of the DNC and the appointment of a Special Master. Defendants
never Responded to or Opposed said Motion. This Motion is still pending.
3. On September 15, 2008, Defendants, Obama and the DNC, were served
with discovery by Plaintiff for Request for Admissions and Request for
Production of Documents. Defendants’ responses were due within thirty [30]
days.
4. Defendants, Obama and the DNC did not Answer the Complaint, failed to
turn over proof of Obama’s citizenship status and instead filed a Motion to
Dismiss on September 24, 2008. Defendants claimed Plaintiff did not have
standing to bring this action and failed to state a claim which relief could be
granted.
5. This Honorable Court requested Plaintiff to file any Responses in
Opposition to Defendants Motion within five [5] days, that being on or before
September 29, 2008 and Plaintiff complied by filing a Response in Opposition to
Defendants Motion to Dismiss.
6. On or about Monday, October 6, 2008, Defendants Obama and the DNC’s
Attorney called Plaintiff requesting Plaintiff to agree to Staying discovery
pending a decision on their Motion to Dismiss. Plaintiff declined as Obama’s
citizenship status is of National security as he is running for President of the
United States.
7. In the afternoon of October 6, 2008, Defendants, Obama and DNC, filed a
Motion for Protective Order staying all discovery pending the Court’s decision on
their Motion to Dismiss. In their Motion Defendants acknowledged receipt of the
Requests for Admissions.
8. On or about October 9, 2008, Plaintiff filed his Response in Opposition to
Defendants Motion for Protective Order.
9. Defendants have failed to timely Answer Plaintiff’s Requests for
Admissions, which were served on September 15, 2008 and Defendants Answers
were due thirty [30] days thereafter. Therefore, these matters are automatically
deemed admitted in accordance with Federal Rules of Civil Procedure 36(a).
McNeil v. AT&T Universal Card
, 192 F.R.D. 492, 494 (E.D. Pa. 2000),
Goodman
v. Mead Johnson & Co
., 534 F.2d 566, 573 (3d Cir. 1976), cert. denied, 429 U.S.
1038, 97 S. Ct. 732 (1977); Siss
v. County of Passaic
, 75 F. Supp. 2d 325, 331
(D.N.J. 1999).
10. No order staying discovery has been entered in this forum. Because the
proceedings in this matter have not been stayed, and because the Defendants,
Obama and DNC, failed to timely Answer Plaintiff’s Request for Admissions,
they have been deemed admitted in accordance with Federal Rules of Civil
Procedure, Rule 36(a).
11. Plaintiff has diligently prosecuted his case. Accordingly, Plaintiff
requests an Order deeming Plaintiff’s First Request for Admissions to Defendant
Obama numbered 1-56 and to Defendant DNC numbered 1-27 Admitted.
Respectfully submitted,
Dated: October 21, 2008 s/ Philip J. Berg
Philip J. Berg, Esquire
Attorney in
Pro Se
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Identification No. 09867
(610) 825-3134″
Philip J Berg’s website:
http://obamacrimes.com
Citizen WElls 