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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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To: BP2; All

“This may help — it’s hard sometimes to differentiate the 3 cases:

1) Berg vs. Obama, Third Circuit Court of Appeals No. 08 – 4340
Berg filed Brief on 1/20/09. NOTE: THIS CASE IS WHAT WE’RE TALKING ABOUT ON THIS THREAD.

2)Berg vs. Obama, U.S. District Court for the ______________
Case filed under seal on 11/07/08 – cannot be discussed

3) Hollister vs. Soetoro a/k/a Obama, U.S. District Court for the District of Columbia, No. 08-cv-0225
Interpleader case by Col. Hollister against Soetoro/Obama and Biden”

1) Berg’s case is fatally flawed, will never be heard by SCOTUS.

2) This case is also is fatally flawed, will never be heard by SCOTUS.

3) Berg is jumping into unknown legal loop holes here. Do NOT think SCOTUS will want to join Mr. Berg in his legal gymnastics.


261 posted on 02/04/2009 9:01:16 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: All; hoosiermama

THIS, BTW, is the complete docket report for the Hollister Inpleader case:

TYPE-E

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:08-cv-02254-JR


HOLLISTER v. SOETORO et al
Assigned to: Judge James Robertson
Cause: 28:1335 Interpleader Action

Date Filed: 12/31/2008
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Plaintiff
GREGORY S. HOLLISTER represented by John David Hemenway
HEMENWAY & ASSOCIATES
4816 Rodman Street, NW
Washington , DC 20016
(202) 244-4819
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
BARRY SOETORO
in his capacity as a natural person; de facto President in posse; and as de jure President in posse
also known as
BARACK HUSSEIN OBAMA
represented by Robert Felix Bauer
PERKINS COIE, LLP
607 14th Street, NW
Suite 800
Washington , DC 20005-2011
(202) 628-6600
Fax: (202) 654-9104
Email: rbauer@perkinscoie.com
LEAD ATTORNEY
Defendant
JOSEPH R. BIDEN, JR.
in his capacity as a natural person; as de jure Acting President in posse; as de jure President in posse; as the jure Vice-President in posse
represented by Robert Felix Bauer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
DOES
1-100 Inclusive, Natural and Un-Natural

Date Filed # Docket Text
12/31/2008 1  COMPLAINT against BARRY SOETORO, JOSEPH R. BIDEN, JR, DOES ( Filing fee $ 350, receipt number 4616017337) filed by GREGORY S. HOLLISTER. (Attachments: # 1 Civil Cover Sheet)(tg, ) Modified to re-upload the complaint on 1/5/2009 (tg, ). (Entered: 01/05/2009)
12/31/2008 2  MOTION to File Interpleader and Deposit Funds with the Court by GREGORY S. HOLLISTER (tg, ) (Entered: 01/05/2009)
12/31/2008 3  MOTION Requesting an Order Shortening Time for Defendants to Respond to Plaintiff's Complaint by GREGORY S. HOLLISTER (tg, ) (Entered: 01/05/2009)
12/31/2008   Summons (2) Issued as to BARRY SOETORO, JOSEPH R. BIDEN, JR. (tg, ) (Entered: 01/05/2009)
12/31/2008 4  MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Philip J. Berg, :Firm- Law Offices of Philip J. Berg, :Address- 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531. Phone No. - (610) 825-3134. Fax No. - (610) 834-7659 by GREGORY S. HOLLISTER (tg, ) (Entered: 01/05/2009)
12/31/2008 5  MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lawrence J. Joyce, :Firm- Lawrence J. Joyce, Attorney at Law, :Address- 1517 N. Wilmot Road, Suite 215, Tucson, Arizona 85712. Phone No. - (520) 584-0236. by GREGORY S. HOLLISTER (tg, ) (Entered: 01/05/2009)
01/14/2009 6  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN, JR served on 1/6/2009, answer due 1/26/2009 (nmw, ) (Entered: 01/14/2009)
01/14/2009 7  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BARRY SOETORO served on 1/6/2009, answer due 1/26/2009 (nmw, ) (Entered: 01/14/2009)
01/26/2009 8  NOTICE of Appearance by Robert Felix Bauer on behalf of BARRY SOETORO, JOSEPH R. BIDEN, JR (Bauer, Robert) (Entered: 01/26/2009)
01/26/2009 9  MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by President Barack Obama and Vice President Joseph Biden by BARRY SOETORO, JOSEPH R. BIDEN, JR (Attachments: # 1 Text of Proposed Order Proposed Order Dismissing)(Bauer, Robert) (Entered: 01/26/2009)

262 posted on 02/04/2009 9:07:22 AM PST by BP2 (I think, therefore I'm a conservative)
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To: BP2; All

Perhaps Mr. Berg would care to tell us all how he will over this motion?

01/26/2009 9 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by President Barack Obama and Vice President Joseph Biden by BARRY SOETORO, JOSEPH R. BIDEN, JR (Attachments: # 1 Text of Proposed Order Proposed Order Dismissing)(Bauer, Robert) (Entered: 01/26/2009)


263 posted on 02/04/2009 9:14:10 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: All

Perhaps Mr. Berg would care to tell us all how he will overcome this motion?

01/26/2009 9 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by President Barack Obama and Vice President Joseph Biden by BARRY SOETORO, JOSEPH R. BIDEN, JR (Attachments: # 1 Text of Proposed Order Proposed Order Dismissing)(Bauer, Robert) (Entered: 01/26/2009)


264 posted on 02/04/2009 9:15:28 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: BP2

Jan. 26, 2009-—

First appearance by “Barry Soetero”....

Interesting that Obama’s lawyer now admits to the alias.


265 posted on 02/04/2009 9:17:41 AM PST by reagandemocrat (Roe v Wade = Dred Scott)
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To: All

“This may help — it’s hard sometimes to differentiate the 3 cases:

1) Berg vs. Obama, Third Circuit Court of Appeals No. 08 – 4340
Berg filed Brief on 1/20/09. NOTE: THIS CASE IS WHAT WE’RE TALKING ABOUT ON THIS THREAD.

2)Berg vs. Obama, U.S. District Court for the ______________
Case filed under seal on 11/07/08 – cannot be discussed

3) Hollister vs. Soetoro a/k/a Obama, U.S. District Court for the District of Columbia, No. 08-cv-0225
Interpleader case by Col. Hollister against Soetoro/Obama and Biden”

1) Berg’s case is fatally flawed, will never be heard by SCOTUS.

2) This case is also fatally flawed, will never be heard by SCOTUS.

3) Berg is jumping into unknown legal loop holes here. Do NOT think SCOTUS will want to join Mr. Berg in his legal gymnastics.


266 posted on 02/04/2009 9:42:46 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: reagandemocrat; All

Barry Soetoro? OH, that's just a silly 'ol nickname, haven't you heard? ;)

And "Barry Obama", well, that's just a nickname too...


267 posted on 02/04/2009 9:55:32 AM PST by BP2 (I think, therefore I'm a conservative)
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To: BP2
So your argument of "if you can’t find any such clause in the Constitution, well then it doesn't exist", is specious and laughable.

You were the one who posted that "It is written in the Constitution" that the Supreme Court has original jurisdiction of a suit against the President. Do you now concede that that is not written in the Constitution?

268 posted on 02/04/2009 9:57:16 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: All

“This may help — it’s hard sometimes to differentiate the 3 cases:

1) Berg vs. Obama, Third Circuit Court of Appeals No. 08 – 4340
Berg filed Brief on 1/20/09. NOTE: THIS CASE IS WHAT WE’RE TALKING ABOUT ON THIS THREAD.

2)Berg vs. Obama, U.S. District Court for the ______________
Case filed under seal on 11/07/08 – cannot be discussed

3) Hollister vs. Soetoro a/k/a Obama, U.S. District Court for the District of Columbia, No. 08-cv-0225
Interpleader case by Col. Hollister against Soetoro/Obama and Biden”

1) Berg’s case is fatally flawed, will never be heard by SCOTUS.

2) This case is also fatally flawed, will never be heard by SCOTUS.

3) Berg is jumping into unknown legal loop holes here. Do NOT think SCOTUS will want to join Mr. Berg in his legal gymnastics.


269 posted on 02/04/2009 9:58:21 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: All

Perhaps Mr. Berg would care to tell us all how he will overcome this motion?

01/26/2009 9 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by President Barack Obama and Vice President Joseph Biden by BARRY SOETORO, JOSEPH R. BIDEN, JR (Attachments: # 1 Text of Proposed Order Proposed Order Dismissing)(Bauer, Robert) (Entered: 01/26/2009)


270 posted on 02/04/2009 10:01:04 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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Comment #271 Removed by Moderator

To: BP2; reagandemocrat; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; ...

Thanks, BP2.

Ping for updates; begin at #260 and read to end of this page. It’s long, and complicated; I read it anyway.

http://www.freerepublic.com/focus/news/2177262/posts?page=260#260

-

What about #265? Hmmm:

“Jan. 26, 2009-—

First appearance by “Barry Soetero”....

Interesting that Obama’s lawyer now admits to the alias.

265 posted on Wednesday, February 04, 2009 10:17:41 AM by reagandemocrat “


272 posted on 02/04/2009 10:52:59 AM PST by LucyT
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To: Lurking Libertarian

LL, is my Constructionist postulate to you regarding Art. II, Sect. 3, Clause 3 not covered in the talking points faxed to you this morning? LOL. Sorry, I'm not going to do you homework for you...


273 posted on 02/04/2009 10:56:58 AM PST by BP2 (I think, therefore I'm a conservative)
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To: FreeManN

Could you explain in simple language WHY they are fatally flawed, in your opinion? Inquiring minds want to know. Non-legal minds.


274 posted on 02/04/2009 10:57:35 AM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: LucyT
Interesting that Obama’s lawyer now admits to the alias.

I agree! That is veerrry interesting. Now my question is, how do we know which one is the real 'alias'? Barry Soetoro or Barack Obama? And which one is in fact his real 'legal' name??? If his 'legal' name is in fact Barry Soetoro rather than Barack Obama, Houston we have a problem.

275 posted on 02/04/2009 10:59:33 AM PST by conservativegramma
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To: little jeremiah
Legalese might as well be calculus.

Conceptually, calculus hasn't changed all that much since the time of Sir Isaac Newton.

The law, on the other hand, is a group effort fractal. More and more detail is constantly being added to it at every level of detail, down to the smallest minutiae, every time there is even the hint of a gap. Even many of the gaps are ideological inventions, collectivist opportunities!

Believe me, the law is much more bewildering than calculus!

276 posted on 02/04/2009 11:02:29 AM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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To: FreeManN
But not to be too unkind, Berg's problem is he fails to focus. I have had the same problem,

Is that the reason for #263, #264, #266, #269, & #270?

Or, was your laptop going, "Does not compute," "Does not compute," "Does not compute," "Does not compute," "Does not compute?"

277 posted on 02/04/2009 11:04:43 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: BP2
LL, is my Constructionist postulate to you regarding Art. II, Sect. 3, Clause 3 not covered in the talking points faxed to you this morning? LOL. Sorry, I'm not going to do you homework for you...

Article II, section 3 reads in its entirety as follows: "He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."

Sorry, nothing there about the original jurisdiction of the Supreme Court.

Keep looking. I'll wait.

278 posted on 02/04/2009 11:05:52 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: little jeremiah

Thanks. I’ll hit the abuse button for it when I see it. (Hard to miss somethimes)
I usually hit abuse only when I see constant, ugly language. Or when someone is being cruel with abusive name calling.
I was trying not to muck up the works.
(tattle-tale wasn’t a good label when I was a kid. LOL)

I’ll help out from now on.


279 posted on 02/04/2009 11:06:43 AM PST by Aurorales
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To: BP2; All

“LL, is my Constructionist postulate to you regarding Art. II, Sect. 3, Clause 3 not covered in the talking points faxed to you this morning? LOL. Sorry, I’m not going to do you homework for you...”

ROFLMAO!


280 posted on 02/04/2009 11:08:42 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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