Obama Birth Certificate:
Status of Major Lawsuits
December 3 2008
Court Cases Challenging Obama Citizenship:
Berg, Martin, Denofrio, Wrotnowski
Courtesy: What's Your Evidence?
(PA Federal Court)
(HI State Court)
(NJ State Court)
(CT State Court)
|Berg Case (Pennsylvania Federal Court)|
|August 21, 2008||Berg files Complaint: Berg v. Obama, DNC, and FEC (Case No. 2:2008cv04083) in Federal District Court for Eastern District of Pennsylvania (Justia Docket)|
|Berg files Motion For Temporary Restraining Order And For Expedited Discovery|
|August 22, 2008||ORDER: Judge Surrick denies Motion for Temporary Restraining Order and for Expedited Discovery|
|September 9, 2008||Berg files Motion To Expedite Discovery, Extensive Discovery And Appoint A Special Master|
|September 24, 2008||DNC/Obama file Motion To Dismiss Complaint|
|September 29, 2008||Berg files Opposition to Motion to Dismiss|
|October 6, 2008||Berg files Motion For Leave To File First Amended Complaint|
|DNC/Obama file Motion For Protective Order Staying Discovery Pending Decision on Motion to Dismiss|
|October 9, 2008||Berg files Opposition to Motion For Protective Order Staying Discovery Pending Decision on Motion to Dismiss|
|October 20, 2008||DNC/Obama file Motion to Dismiss First Amended Complaint|
|October 21, 2008||Berg files Motion For Order Deeming Requests For Admissions - Admitted and Motion for Expedited Ruling re: same.|
|FEC files Motion to Dismiss Complaint|
|October 22, 2008||Berg files Motion For Summary Judgment and Motion for Expedited Ruling re: same.|
|October 24, 2008||ORDER: Judge Surrick Issues Memorandum And Order Granting DNC/Obama/FEC Motion to Dismiss on grounds that Berg lacks Standing to Sue under Article II of the Constitution.|
|October 27, 2008||ORDER: Judge Surrick Issues Order dismissing all pending motions as moot in light of Motion to Dismiss.|
|October 30, 2008||3rd Circuit: Berg files Notice Of Appeal to Third Circuit Court of Appeals.|
|3rd Circuit: Berg files Notice of Appeal, Case is Docketed. (PACER Docket (paid subscription required; search for Case # 08-4340)|
|3rd Circuit: Berg files Emergency Motion for an Immediate Injunction to Stay the Presidential Election of November 4, 2008 Pending Resolution of Appeal (PACER Docket (paid subscription required; search for Case # 08-4340)|
|SCOTUS: Berg files "Rule 11" Petition For A Writ Of Certiorari Before Judgment Filed. (SCOTUS Docket)|
|October 31, 2008||3rd Circuit: DNC/Obama file Response to Appellant's Emergency Motion for Injunction (PACER Docket (paid subscription required; search for Case # 08-4340)|
|3rd Circuit: FEC files Response to Appellant's Emergency Motion for Injunction (PACER Docket (paid subscription required; search for Case # 08-4340)|
|3rd Circuit: ORDER Denying Emergency Motion for Injunction: "For the reasons ably expressed by the District Court and not addressed in Plaintiff-Appellant's Emergency Motion it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal, filed." Panel No.: ECO-9. Ambro, Authoring Judge." (Judges Ambro and Jordan) (PACER Docket (paid subscription required; search for Case # 08-4340)|
|SCOTUS: Berg files Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter. (Docket # 08A391) (SCOTUS Docket)|
|November 3, 2008||SCOTUS: Berg files Supplemental Brief. (SCOTUS Docket)|
|SCOTUS: ORDER: Justice Souter denies Berg's Application (08A391) (SCOTUS Docket)|
|November 14, 2008||3rd Circuit: Berg files several required papers for appeal, including Concise Summary Of The Case and Civil Information Sheet. (PACER Docket (paid subscription required; search for Case # 08-4340)|
|3rd Circuit: Court Clerk issues letter to Berg and Respondants requesting required information by December 2, 2008 (PACER Docket (paid subscription required; search for Case # 08-4340)|
|November 18, 2008||SCOTUS: US Solicitor General files Waiver of Right of Respondents (FEC, DNC, Obama) to respond to Writ Petition. (For sample of Waiver Form, see here.).|
|Martin Case (Hawaii State Court)|
|October 17, 2008||Martin files complaint for declaratory judgment (Docket - Document List (Requires Login; Search for Case No. 1CC08-1-002147))|
|October 21, 2008||HI SCt: Martin files Petition for Writ of Mandamus in Hawaii Supreme Court. (Citizenwells)|
|October 22, 2008||HI SCt: ORDER: Supreme Court denies Martin's Petition for Writ of Mandamus (Hawaii SCT Orders)|
|October 30, 2008||Martin files Emergency Motion for Order to Show Cause; Court sets hearing on Complaint for November 18, 2008. (Docket - Document List)|
|November 5, 2008||Defendants file Motion to Dismiss and Memorandum in Support of Motion to Dismiss Complaint (Docket - Document List)|
|Defendants file Ex Parte Motion to Shorten Time For Hearing On Motion To Dismiss Complaint For Declaratory Judgment (Docket - Document List)|
|ORDER: Court grants Defendants' Motion to Shorten Time for Hearing, sets hearing for November 18, 2008|
|November 10, 2008||Defendants file Memorandum in Opposition to Emergency Motion for Order to Show Cause. (Docket - Document List)|
|November 17, 2008||Plaintiff files Memorandum of Law In Support of Order To Show Cause and In Opposition To Motion Filed By Attorney General (Docket - Document List)|
|November 18, 2008||Hearing on Plaintiff's Emergency Motion for Order to Show Cause and Defendants' Motion to Dismiss|
|ORDER: Denying Motion for Order to Show Cause; Granting Motion to Dismiss. |
[PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE]
This Court treated the emergency motion for order to show cause as a motion seeking emergency injunctive relief as plaintiff was seeking to obtain the birth records for president Obama.
First, the Court points out that the issuance of a preliminary injunction seeks extraordinary relief. In Hawaii, a 3 prong test is applied in determining whether preliminary injunctive relief should be granted as stated in Life of the Land v Ariyoshi, 59 Haw. 156 (1978). The 3 elements are:
1. Is the plaintiff likely to prevail on the merits?
2. Does the balance of irreparable harm favor the issuance of a temporary restraining order or injunctive relief, and
3. Does the public interest support the granting of the injunctive relief sought?
After reviewing the pleadings, the motion for order to show cause, the memoranda opposing the motion, the exhibits, and other written submissions, and considering the arguments of counsel and plaintiff, pro se, the Court finds as follows:
Based on the limited amount of evidence presented, the Court finds that it is unlikely that plaintiff will prevail on the merits as it appears that the plaintiff does not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama. Plaintiff also does not fall within the category of persons who may be entitled to the records as enumerated in HRS 338-18(b). In addition, HRS 92-13 provides that disclosure of government records is not required which, pursuant to state law, are protected from disclosure.
Regarding the second element of irreparable harm, the Court finds that plaintiff has not presented any evidence to this Court that irreparable harm will occur if the records are not provided to the plaintiff.
In addition, there is insufficient evidence to indicate that the public interest supports the granting of the relief sought and there is a reasonable belief that the public would rather preserve the confidentiality of vital health records.
Therefore, the emergency motion to show cause is denied. Defendants' counsel to prepare findings of fact and conclusions of law.
[DEFENDANT'S MOTION TO DISMISS]
In addition, the Court grants defendants' motion to dismiss plaintiff's complaint for the reasons stated in the prior ruling as well as for the reasons raised in the motion and supporting memoranda, including lack of standing and insufficient service of process on the defendants.
Defendants' counsel to prepare order.
It is hereby ordered that the Minute Order Issued on november 19, 2008 shall be corrected as follows: The citation for the case life of the Land v. Ariyoshi, should read 59 HAW 156, 577 P.2d 1116 (1978).
All references to President Obama shall be deleted and replaced with President-Elect Obama.
(Docket - Court Minutes List > Court Minute Text)
|November 25, 2008 (?)||Martin files Motion for Reconsideration (Reportedly; |
Not yet in docket, unless this is the Dec 1. document, noted below.
|December 1, 2008||Martin (?) Files Emergency Motion to Show Cause. (Docket - Court Minutes List) |
Note: This docket entry may be the Motion for Reconsideration, noted above. THe document on Mr. Martin's site is dated Nov. 25, which was Thanksgiving.
|Donofrio Case (New Jersey State Court)|
|October 27, 2008||Donofrio files Emergent Application in NJ Superior Court, Appellate Division (Judge Sabatino) (Source)|
|October 29, 2008||Defendants (NJ Sec'y of State Nina Mitchell Wells) File Answer to Emergent Application (Source)|
|October 30, 2008||ORDER: Judge Sabatina (Superior Court) denies Emergent Application (Source)|
|October xx, 2008:||Donofrio files Motion for Emergency Injunctive Relief with NJ Supreme Court (Motion)|
|October 31, 2008:||ORDER: NJ Supreme Court Denies Emergent Application (Order)|
|November 3, 2008|| |
SCOTUS: Donofrio files Application for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter. (Docket # 08A407) (SCOTUS Docket)
|November 6, 2008||SCOTUS: ORDER: Application denied by Justice Souter. (SCOTUS Docket)|
|November 14, 2008||SCOTUS: Donofrio refiles Application; submits to Justice Thomas. (SCOTUS Docket)|
|November 19, 2008||SCOTUS: Application distributed for Conference, December 5, 2008 (SCOTUS Docket)|
|Wrotnowski Case (Connecticut State Court) (Incomplete)|
|October 31, 2008||Cort Wrotnowski files suit against Secretary of State Susan Bysiewicz (See Judge Dismisses Obama Birth Certificate Challenge, New York Post November 3, 2008)|
|November 3, 2008||? Second case filed (per SOS Nov. 26 Letter)|
|November 3-5, 2008 (?)||Hearing before CT Superior Court; Connecticut AG submits opinion to Connecticut Supreme Court (per SOS Nov. 26 Letter)|
|November 5, 2008||ORDER: State Supreme Court Chief Justice Chase T. Rogers dimisses case after testimony from SOS attorneys and Connecticut AG Blumenthal, and Greenwich resident testimony from SOS attorneys and Connecticut AG Blumenthal, and Greenwich resident. (per SOS Nov. 26 Letter)|
|November 25, 2008||Wrotnowski files application/injunction in US Supreme Court (Justice Ginsberg). (SCOTUS Docket)|
|November 26, 2008||Justice Ruth Ginsburg denies Wrotnowski's application for stay. (SCOTUS Docket)|
|December 1, 2008||(reportedly) Wrotnowski resubmits application to Justice Scalia.|
|Keyes Case (California State Court) (Incomplete)|
|November 13, 2008||Keyes (et al) file Writ of Mandate (Court Case Index - Case No. 2008-80000096) |
"Information about pending or recently concluded civil cases ... can be obtained by calling the Civil Division at 916-874-5522," (Source)
ALSO at DBKP:
The Obama Birth Certificate Questions
* Obama Birth Certificate: Who Determines Presidential Constitutional Eligibility?
* Obama Birth Certificate Controversy: Who Verifies a Candidate is Legit?
* Obama Birth Certificate: WND, Kenya and African Press Internatl
* Obama Birth Certificate Forgery Story Heats up at World Net Daily
* Obama Birth Certificate, Citizenship: SCOTUS Conference Scheduled for Dec 5
* Obama Records: Obama Campaign Still Refuses to Release Medical, Other Records
* Obama Birth Certificate: Ruling in Berg v. Obama Expected In Next Two Days- UPDATED
* Obama Birth Certificate Lawsuit: Obama, DNC Fail to Respond-UPDATED
* Washington Man Files Lawsuit over Obama Citizenship Questions
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Birth Certificate Federal Lawsuit: Video Released On YouTube
* Obama Birth Certificate Federal Lawsuit: Updates, News and Reactions
* Obama Birth Certificate Federal Lawsuit: The Curious Behavior of the Obama Campaign
* Obama, Bill Ayers, and FactCheck.Org: All Have Ties To Annenberg Foundation
Compiled by What's Your Evidence?
images: dbkp file