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Docket entries, Berg v. Obama Third Circuit Court of Appeals (SEND TO MERITS PANEL)
ecf.ca3.uscourts.gov ^ | 2/3/2009 | rxsid

Posted on 02/03/2009 1:14:11 AM PST by rxsid

Current status of Berg's case pending in the 3rd dist. court of appeals (same case the SCOTUS denied the two emergency stay requests)

12/09/2008 Open Document ORDER (SCIRICA, Chief Judge and AMBRO, Circuit Judges) denying Appellant's Motion an Immediate Injunction to Stay the Certification of Electors, to Stay the Electoral College from Casting any Votes for Barack H. Obama on December 15, 2008, and to Stay the Counting of any votes in the House of Representatives and the Senate on January 6, 2009 Pending Resolution of Appellant's Appeal. Panel No.: ECO-16. Scirica, Authoring Judge. See Order for complete text. (CH)

12/10/2008 RECORD available on District Court CM/ECF. (CH)

12/10/2008 Open Document BRIEFING NOTICE ISSUED. Brief on behalf of Philip J. Berg due on or before 01/20/2009. Appendix due on or before 01/20/2009. (CH)

01/16/2009 Open Document ENTRY OF APPEARANCE from Steve N. Hajjar on behalf of Appellee(s) Federal Election Commission. (SNH)

01/16/2009 Open Document Motion filed by Appellee Fed Election Comm to summarily affirm. Certificate of Service dated 01/16/2009. SEND TO MERITS PANEL.--[Edited 01/28/2009 by CH] (SNH)

01/20/2009 Open Document ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Philip J. Berg, filed. Certificate of Service dated 01/20/2009 by email. (PJB)

01/20/2009 Open Document ELECTRONIC APPENDIX on behalf of Appellant Philip J. Berg, filed. Manner of Service: electronic. Certificate of Service dated 01/20/2009. (PJB)

01/27/2009 Open Document Response filed by Appellant Philip J. Berg to Motion for summary action. Certificate of Service dated 01/26/2009. (PJB)

01/28/2009 Open Document CLERK ORDER referring Motion by Appellee Federal Election Commitee For Summary Affirmance to the merits panel. It is noted that Appellant filed his brief and appendix on January 20, 2009, counsel for Appellee Federal Election Committee, is directed to inform this office in writing within seven (7) days from the date of this order if they intend to file a brief or rely on the Motion for Summary Affirmance in lieu of a formal brief, filed. SEND TO MERITS PANEL. (CH)

02/02/2009 Open Document CLERK ORDER referring the Response of Appellant to Appellee Federal Election Committee's Motion for Summary Affirmance to the merits panel, filed. SEND TO MERITS PANEL. (CH)


TOPICS:
KEYWORDS: birthcertificate; certifigate; ineligible
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Bookmark.


221 posted on 02/03/2009 8:30:36 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: nufsed

Berg IS a democrat. He support Hillary.


222 posted on 02/03/2009 8:33:09 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: rxsid
Update

02/03/2009 LETTER from Appellee Federal Election Commission, received pursuant to Clerk's Order dated 1/28/2009 informing the Court that they intend to file a formal brief, unless the Court should grant the Commission's Motion for Summary Affirmance before its formal brief is due. Certificate of Service dated 02/02/2009. (CH)

223 posted on 02/03/2009 8:35:49 PM PST by rxsid
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To: FreeManN

Where? Which Article?


224 posted on 02/03/2009 8:39:17 PM PST by April Lexington (Study the constitution so you know what they are taking away!)
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To: rxsid; LucyT; Calpernia; STARWISE; BP2; FreeManN; Frantzie; little jeremiah

UPDATE


225 posted on 02/03/2009 9:10:53 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: Star Traveler
Now, while I would agree that Obama has not made it abundantly clear about his qualifications, at the same time I don’t see that he’s done anything so different than many other candidates.

His situation is different. What other cannidate in anything like recent times, had a foreign national, who never became even a legal resident, let alone a citizen? Even Chester Arthur's father eventually was naturalized, while Obama's father, who apparently had a big influence on him, even in abstenia, went home to Kenya. Meanwhile the man, Barrack Jr, was raised for some of very formative years in a foreign country, attending their schools as one of them. So, per the very purpose of the Natural Born Citizen requirement, that of avoiding foreign influence in the office of the President, Obama merits higher scrutiny. Now, if he had practiced his vaunted "transparency" last summer and granted access to either his Certification or Certificate, and preferably the latter, of birth, since the former may not contain sufficient information for a determination of natural born status, well then the issue would have been hashed out and be over by now. Instead he sent his lawyers to argue standing and other technicalities that do no go to the truth of the issue.

He either is or is not eligible to the office of President. I for one would like to know "the truth" of that matter. Wouldn't you?

226 posted on 02/03/2009 9:26:28 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Ping me if they reply to your question about whether they want to know the truth or not.


227 posted on 02/03/2009 9:32:50 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: hoosiermama; All

I do apologize for being ignorant in legalese, even the simplest. Could you or someone explain what comment #223 means?


228 posted on 02/03/2009 9:34:40 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: little jeremiah; hoosiermama
ignorant in legalese, even the simplest

Me too! Please?

229 posted on 02/03/2009 9:37:27 PM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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To: little jeremiah
02/03/2009 LETTER from Appellee Federal Election Commission, received pursuant to Clerk's Order dated 1/28/2009 informing the Court that they intend to file a formal brief, unless the Court should grant the Commission's Motion for Summary Affirmance before its formal brief is due. Certificate of Service dated 02/02/2009. (CH)

A formal brief goes into a great deal of detail and can be quite lengthy. Summary Affirmation is more or less a synopsis. They are just letting the court know that if the court does not accept their concise form they intend to file the more complete form. Back at post 8, I think is an out line for the rules, you may want to download it. It is pdf.

230 posted on 02/03/2009 9:43:32 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: BrerLion; little jeremiah
10.6 Summary Action. The court, sua sponte or upon motion by a party, may take summary action affirming, reversing, vacating, modifying, setting aside, or remanding the judgment, decree, or order appealed from; dismissing an appeal; granting ordenying a petition for review; or granting or refusing enforcement of the order of an administrative agency if it clearly appears that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action.

Before taking summary action, the court will afford the parties an opportunity to submit argument in support of or in opposition to such disposition if briefs on the merits have not already been filed.

Summary action may be taken only by unanimous vote of the panel. If a motion panel determines that summary action is not appropriate at that time, it may, in lieu of denial, refer the matter to the merits panel without decision and without prejudice.

231 posted on 02/03/2009 9:53:00 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: BrerLion; little jeremiah
This is a motion for summary Affirmance. and has been

refer the matter to the merits panel without decision and without prejudice.

Does this help you understand what is happening?

232 posted on 02/03/2009 9:58:43 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: rxsid; hoosiermama

Here's the FEC response:


"...unless the Court should grant the Commission's Motion for Summary Affirmation before it's formal brief is due on February 19, 2009."

Awfully wishful thinking there, Steve Hajjar.

233 posted on 02/03/2009 10:00:03 PM PST by BP2 (I think, therefore I'm a conservative)
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To: hoosiermama

WHen I say that I am dumb about legal stuff I am not exaggerating. So the 0bama side is saying that they may file something? Is this right?


234 posted on 02/03/2009 10:02:40 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: IrishPennant

Is that Revelation 13?


235 posted on 02/03/2009 10:02:49 PM PST by Plummz (pro-constitution, anti-corruption)
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To: hoosiermama

Thank you very much. (I have to confess, I’m still re-reading for about the eighth time, but I’ll get it... I’ll try to not fall too far behind the stragglers :)


236 posted on 02/03/2009 10:09:00 PM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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To: hoosiermama
Today's swearing in of hilary was simply ceremonial. She was officially sworn in back in Jan, the 21st I believe.

That aside, the fact that there is still credible doubt as to bo’s constitutional qualification to be POTUS is frightening. I hope that this is resolved and that little barry gets sent packing. Who knows, maybe he will end up in Leavenworth (sp) with some of the club gittmo visitors?

237 posted on 02/03/2009 10:11:28 PM PST by mtdrake
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To: little jeremiah; BP2
No it's the FEC who is filing a response...

BP is Obama et al also filing a response?

238 posted on 02/03/2009 10:12:22 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: hoosiermama

FEC - but are they a party to the suit? I thought they were the object of the suit, alongside of 0bama.

You realize you’re explaining to a seriously real ignoramous. I read but the legal stuff really floors me.


239 posted on 02/03/2009 10:19:58 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: little jeremiah
pssst. .. L J... I really don't understand a word... I'm not gonna say anything... but I might ask you to explain it to me after class :)
240 posted on 02/03/2009 10:21:49 PM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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