Oh don’t misunderstand me, I am not defending Obama just trying to analyze the case. (old habit).
In any event, I read the pleadings just now and this motion is pending in the court (Obama Motion to Suspend Discovery pending a ruling on the Motion to Dismiss):
http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/15/
The court has not ruled on this. However, Obama will not be required to respond to the Request for Admissions, or any other discovery, until such time as the Court rules on this request so there is no breach of the Rule. If Obama had just ignored it, it would be a breach but the court would still likely not rule for the Plaintiff. however, with this pending motion, the Defendant (Obama) is covered on the Request for Admissions issue.
That part is pretty cut and dried.
Of course this does not address the issue of “standing” or the underlying merits of the case. That is another issue for “,aybe” another day.
So, all the Berg stuff is just hype - legally. But it doesn’t get to the strangeness of fighting over something that could easily be put to rest.