Docket entries, Berg v. Obama Third Circuit Court of Appeals (SEND TO MERITS PANEL)

ecf.ca3.uscourts.gov ^ | 2/3/2009 | rxsid

[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)

[azishot]

Thank you. It’s a bright sunshiney day again.

[BP2]

Better Link (start on pg 10): Federal Appellate Court Law Clerk Handbook

[hoosiermama]

Dad is sleeping in, so I’ll ask you two. Doesn’t discovery happen before oral arguments? When will the AZ amicae be triggered?

[BP2]

[hoosiermama]

Got the
“doesn't exist on this server” message.

[hoosiermama]

Woo Hoo! Over here!

[IrishPennant]

OUTSTANDING

...and yea! for me for making to the thread before the trolls and BOHICA Boys Club.

[Frantzie]

Thanks for the update! Many thnaks to Hoosiermama, BP2, FreeMan and others who have been working so hard plus keeping us up to date. :-) Woo hoo.

Also thanks to Berg, Orly, Pidegeon, Leo, Cort, Plains Radio, FR and many others.

Orly is incredible and tireless. She should be Gov of CA. She could tell Arnuld in an Russo-Arunld accent “get out of here.” ;-) Sorry I am a bit giddy.

Call me a “Certified Birther.”

[conservativegramma]

Finally! Some good news this morning.

[hoosiermama]

This is good news... They will be very quiet!

[Clinging Bitterly]

...winding through the bowels of the beast and we have to wait to see what comes out.

What's the question - corn or no corn?

[IrishPennant]

Oh, the trolls just have a failure to communicate

[Frantzie]

LOL! It is funny how the usual suspects come out of the woodwork at the same time. My guess is they are waiting to get their talking points fax or emails.

Anyone want to bet? I say one will pop up in 20 minutes or less.

As HooMa says they will be very quiet. ;-)

[Eye of Unk]

It does sound like good news, and I also think its time to propose the idea of having Orly nominated to a higher level in our next administration, I do not know the specific chain of events required but it appears to me anyway she would make a very good representative in our government, an adviser say to the next Attorney General?

Thanks to Hoosiermama for being our official transcriber.

[BP2]

For those not keeping track, this is the case with the AMICUS CURIAE:

http://wthrockmorton.com/wp-content/uploads/2008/12/joyce_anderson-amicus-final.pdf

Tied to THIS SCOTUS case: No. 08-570

Title:	Philip J. Berg, Petitioner v. Barack Obama, et al.
Docketed:	October 31, 2008
Lower Ct:	United States Court of Appeals for the Third Circuit

Case Nos.:	(08-4340)
	Rule 11

~~~Date~~~	~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008	Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008	Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008	Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008	Application (08A391) denied by Justice Souter.
Nov 18 2008	Waiver of right of respondents Federal Election Commission, et al. to respond filed.
Dec 1 2008	Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008	Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008	Application (08A505) denied by Justice Souter.
Dec 15 2008	Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008	DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008	Application (08A505) denied by Justice Kennedy.
Dec 18 2008	Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008	Application (08A505) referred to the Court.
Dec 23 2008	DISTRIBUTED for Conference of January 16, 2009.
Jan 12 2009	Motion for leave to file amicus brief filed by Bill Anderson GRANTED.
Jan 12 2009	Petition DENIED.
Jan 21 2009	Application (08A505) denied by the Court The Petition was denied at the SCOTUS for procedural reasons. BUT, there are things happening with this, and all of Berg's cases which are very encouraging! and anyone else notice how BIDEN is with Obama for every announcement, signing, or swearing in? Hmmmm.....

[Scanian]

It IS strange that they haven’t shown up yet. I thought that maybe they needed to decipher the legalese but that wouldn’t stop them from the usual, “this is a waste of time, we have to move on” crap. Maybe they really are organized and they are being prepped on how to respond to changing circumstances.

[Scanian]

All I know is that it’s very pleasant when we constitutionalists have a thread to ourselves!

[IrishPennant]

It is unusual.....hmmmmmmm

[hoosiermama]

Sis has also pointed out that this didn’t happen until Hillary was sworn in.....hhhhmmmm.

[conservativegramma]

Ditto that!