The Citizen Wells blog provided real time updates yesterday, September 29, 2008, of the Philip J Berg response to the Obama motion to dismiss. We posted an analysis by Jeff Schreiber of the response draft and posted the filed response from the Pacer system. Last night Mr. Berg posted a summarization of the response on his website. Here is Philip J Berg’s response:
“Philip J. Berg filed a response this afternoon to the motion for dismissal filed last week in Berg vs. Obama by Senator Obama and the Democratic National Committee. The response “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)” asserts that, the defendants’ argument to the contrary, Mr. Berg has standing to pursue the case.
Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.
The conclusion of Mr. Berg’s brief reads:
Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama’s eligibility through Subpoenas to the Government entities and the Hospital’s in Hawaii. To date, Plaintiff has not received the requested discovery from the Defendants and two (2) of the locations, which subpoenas were served upon, refused to honor the subpoena.
For the above aforementioned reasons, Plaintiff respectfully request Defendants Barack Hussein Obama and the Democratic National Committee’s Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery, including but not limited to: 1) a certified copy of Obama’s “vault” (original long version) Birth Certificate; and (2) a certified copy of Obama’s Certificate of Citizenship; and (3) a certified copy of the Oath of Allegiance taken by Obama taken at the age of majority. If the Court is inclined to grant Defendants motion, Plaintiff respectfully requests the opportunity to amend his Complaint pursuant to the findings of this Honorable Court.
The complete filing is attached. Due to a problem with the Electronic Filing System, the filing was made via fax and will appear in PACER later this evening or on Tuesday”
Go to Philip J Berg’s website, read more, view the entire response and by all means, contribute to this important effort:
Visit the Petition to Impeach, expel Senator Obama: