Philip J Berg has filed a opposition and brief to the Obama motion to
dismiss his lawsuit. Mr. Berg made the filing today, Monday, September 29,
2008. Obama filed the motion to dismiss instead of producing a vault
COLB or pledge of allegiance to the US. Here is the first part of Mr. Berg’s response:
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, :
Plaintiff
:
vs.
:
BARACK HUSSEIN OBAMA, ET AL, :
Defendants
:
ORDER
ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC
NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S
COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)
THIS CAUSE
Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National
Committee’s Motion to Dismiss. Having reviewed the Motion and Plaintiff’s Opposition
to said Motion and for good cause shown, it is hereby
ORDERED
12(b)(6) is
DENIED. It is further ORDER
to be turned over to Plaintiff within three (3) days:
1. Obama’s “vault” version (certified copy of his “original” long version)
Birth Certificate; and
2. A certified copy of Obama’s Certification of Citizenship;
3. A Certified copy of Obama’s Oath of Allegiance.
IT IS SO ORDERED
Dated: September ______, 2008
______________________________
Hon. R. Barclay Surrick
United States District Court Judge
For the Eastern District of PA
Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 1 of 35
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, :
Plaintiff
:
vs.
:
BARACK HUSSEIN OBAMA, ET AL, :
Defendants
:
PLAINTIFF’S OPPOSITION AND BRIEF IN SUPPORT THEREOF TO
DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC
NATIONAL COMMITTEE’S, MOTION TO DISMISS PLAINTIFF’S
COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6)
Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within
Opposition and Brief in support thereof to Defendant’s, Barack Hussein Obama
[hereinafter “Obama”] and the Democratic National Committee’s [hereinafter “DNC”]
Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on the following
grounds:
• Plaintiff has standing to bring suit against Obama and the DNC pursuant
to the following:
(1) Plaintiff has Standing pursuant to 5 United States Code. §702;
(2)
Plaintiff has Standing pursuant to FEC v. Akins
, 524 U.S. 11 (1998);
(3)
Plaintiff has Standing Pursuant to 8 U.S.C. §1481(b);
(4) Plaintiff has Standing under 5 U.S.C. §552(B);
(5) Plaintiff has Standing pursuant to 28 U.S.C. §1343, Civil Rights
and Elective Franchise; and
(6) Plaintiff has Standing pursuant to Federal Question Jurisdiction.
• Claims are stated in which relief can be granted. Pleadings in a Complaint
are that of Notice Pleading and not Fact Pleading;
Case 2:08-cv-04083-RBS Document 13 Filed 09/29/2008 Page 2 of 35
• Plaintiff has suffered
legally protected interest which is concrete and particularized; and
•
expected might be addressed under the statute. Plaintiff is within the zone of interest
protected by the statute or constitutional provision.
• It is imperative Obama be Court Ordered to turn over the following items
in order resolve the issues presented prior to the Presidential Election:
(a) A certified copy of Obama’s “vault” version ( “original” long
version) Birth Certificate; and
(b). A certified copy of Obama’s Certification of Citizenship; and
(c) A Certified copy of Obama’s Oath of Allegiance.
At the time Plaintiff’s Complaint was filed, Plaintiff was requesting protections
from the Court in order to stop Obama from being nominated by the DNC as the
Democratic Presidential Nominee as Obama is not eligible to serve as President of the
United States. However, Obama was nominated by the DNC as the Democratic
Presidential Nominee. For this reason, Plaintiff must amend his Complaint and will be
requesting this Court leave to file a First Amended Complaint.
Citizen WElls 