Budget Babe: Lawsuits

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Wednesday, December 3, 2008

Obama Birth Certificate: Status of Major Court Cases

Obama Birth Certificate:
Status of Major Lawsuits
December 3 2008

Court Cases Challenging Obama Citizenship:
Berg, Martin, Denofrio, Wrotnowski

Courtesy: What's Your Evidence?

Berg (PA Federal Court)	Martin (HI State Court)	Donofrio (NJ State Court)	Wrotnowski (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

Compiled by What's Your Evidence?
images: dbkp file

Friday, October 24, 2008

Obama Records: Medical, College, Other Records Still Off-Limits

Obama's Missing Records:
Medical, College, University, Birth Certificate and Other Records
Packaging Barack Obama Part 1

"If it's too good to be true then it's probably a scam."

[UPDATE: Obama Birth Certificate Federal Lawsuits
Berg v. Obama lawsuit in Philadelphia federal court is dismissed due to Phillip Berg having lack of standing to sue. Obama birth certificate lawsuit news in the section below.]

The refusal of the Obama campaign to allow the public to see Obama's records just days before the election is somewhat mystifying.

Unless there is something in them that the campaign feels will be damaging to their efforts to win the White House.

The spate of lawsuits popping up in state courts over the Obama birth certificate issue is a side one. Obama supporters can argue that Obama has produced an image on his website of a Certificate of Live Birth.

Fair enough. But Obama supporters can make no case for the candidate's refusal to release his other records. An informed electorate needs information.

That the reason we're more concerned with Obama making his other records off-limits to public scrutiny: medical records, college and univesity records.

Medical Records
Occidental College Records
Columbia University Records
Harvard University Records
Birth Records
University of Chicago Records

Obama's Medical Records?

Barack Obama has refused to release his medical records. Instead, the public will have to make do with an undated letter signed by a doctor which assured the press and the American public that Obama was "in excellent health".

* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Medical Records: MSM’s Don’t Ask, Obama’s Don’t Tell Policy
* Obama Records: Obama Campaign Still Refuses to Release Medical, Other Records

As DBKP noted last week, when John McCain delayed releasing his medical records to the press last May, the New York Times thundered to it dwindling readers:

"No presidential candidate should get to the point that he has locked up his party’s nomination without public vetting of his health."
--New York Times, on John McCain in May 4 2008 "Missing Records"

Six months later, the New York Times is predictably silent on the still-secret Obama medical records.

Obama's Occidental College Records?

The only trace of Barack Obama at Occidental College that the public is allowed to see is a few poems that may be ordered on the college's website.

"Transcripts of his poems are available upon request."

Obama's Columbia University Records?

Contributing to the mystery is the fact that nobody knows just how well Mr. Obama, unlike Senator McCain and most other major candidates for the past two elections, performed as a student.

The Obama campaign has refused to release his college transcript, despite an academic career that led him to Harvard Law School and, later, to a lecturing position at the University of Chicago. The shroud surrounding his experience at Columbia contrasts with that of other major party nominees since 2000, all whom have eventually released information about their college performance or seen it leaked to the public.
--Obama's Years at Columbia Are a Mystery

Obama's Harvard University Records?

Sen. Barack Obama’s campaign says his campaign will bring a new level of honesty and transparency to the White House. Obama proudly touts that he and Sen. Tom Coburn, R-Okla, passed a law requiring more transparency via a public database of all federal spending.

But when it comes to offering the public documents about his own public and private activities, Obama’s record for openness gets an "F" grade.

During the heated Democratic primary, Obama complained of the Bush White House being “one of the most secretive administrations in our history” and chided Sen. Hillary Clinton for not releasing her White House schedules.

Ironically, Obama, just days away from possibly being elected president, continues to stonewall a growing chorus of information requests for documents about his legislative, personal health, education, financing, and background -- leaving many voters to cast ballots based on incomplete information.

--Obama: Most Secretive Democratic Candidate Ever

Obama Birth Certificate

Phillip Berg's lawsuit in federal court to force Obama to provide his birth certificate to a federal judge was dismissed yesterday due to Berg's lack of standing.

The order and memorandum came down at approximately 6:15 p.m. on Friday. Philip Berg's lawsuit challenging Illinois Sen. Barack Obama's constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.
--Lawsuit Against Obama Dismissed from Philidelphia Federal Court

Berg's lack of standing was cited by many, including our crack research department, as the reason the Berg v. Obama suit would likely be dismissed.

This lack of standing will not settle the issue in the eight state courts where suits have been brought for the same reason as Berg. Their chances on the standing issue are greater.

Jeff Schreiber, Two Articles: Two Sides of Berg v. Obama, remarks on the same Newsmax article we saw last evening, Obama Refuses to Answer Birth Certificate Lawsuit.

The first piece is by Kenneth Timmerman of Newsmax, the same reporter who, just a few days ago, wrote so well about the questionable $63 million in Barack Obama's campaign coffers. He goes into detail about Obama's birth certificate, even providing a link to the Certificate of Live Birth provided by the Illinois senator, and an official Certificate of Live Birth from a person born just two years later. Reproduction issues aside, one quite obviously provides more information than the other.

Timmerman also raises an interesting point by highlighting a segment from one of Obama's memoirs in which he actually mentions the document:

Ironically, Obama mentions his birth certificate in passing on Page 26 of his 1995 memoir, “Dreams of My Father.” “I discovered this article, folded away among my birth certificate and old vaccination forms, when I was in high school,” he wrote.

As much as I am a skeptic as to all of this business--I've said time and time again that I simply feel as though we are constitutionally obligated to ensure that our leaders are properly vetted--this, to me, presents a question as to why it was necessary for Obama to provide an obviously laser-printed, recent copy of his birth records in the first place. If he had his original, tucked in among articles and old vaccination forms, why not just provide that one?

Timmerman asks a good question.

OUR PREDICTION: It won't be the last time the question is asked before Election Day 2008.

The quote at the top of the page was by New Zealand Consumer Affairs Minister Judith Tizard and was used in New Zealand during 2007 to kick off something called Fraud Awareness Month.

Many readers are likely familiar with the job interview process. The process is simple: The prospective employer is trying to determine if the person he hires will enjoy success with the hiring company.

The company asks for information through an interview, the job application, a resume and the person wanting the job supplies various records--especially college and university records--to the employer to help the company make a decision. If the job is an attractive/important one, the employer will want as much information as possible.

Barack Obama is asking the American people to hire him as President of the United States.

It's a very important job.

If he wants the American people to hire him, he should provide as such basic information that plenty of other candidates have provided in the past: medical records, college records, university records and other records.

The Obama campaign is essentially asking the American people to trust him; to hire him as President.

He can begin earning that trust by providing his records to the press and public.

by Mondo Frazier
images: Newsmax; dbkp file; great little box

Thursday, May 22, 2008

Larry Sinclair, Obama: Lots of Fund Raisers, Little Proof of Allegations

The Continuing Saga of a Man who Stretched his 15 Minutes of Fame into 4 months.

Larry Sinclair, the one-man, lawsuit-filing, banana-nut-bread-baking, Obama-accusing, money-begging, blog-spawning, running-from-the-law intimidation machine has had his initial lawsuit (against Barack Obama for intimidation and other Legal Larryisms) dismissed by the courts.

When this FACT (which was linked to the original court documents) was recently reported by DBKP's LBG, we were told (by a loyal Larry Legion enlistee) that our "information was obsolete". Larry himself characterized our reporting as "misinformation". Another Larrysuit was cited--there are several, including one against three anonymous posters who disagreed with Larry's World outlook--as "proof" that Sinclair's struggles against the Man continues.

We're not sure how a lawsuit which names "TubeSockTedD", "mzmolly" and "OWNINGLIARS" as the offending parties affects Larry's Incredible Shrinking Credibility.

Larry Legal Lollapalooza continues. It's the perfect cure for people who feel that their own lives lack drama.

As a scandal, the Obama-Sinclair story is fast sinking into the sunset; it's sadly turned into something altogether different than the story we started covering in the beginning.

Originally, Larry brought forth accusations that he and Barack Obama were the members of an exclusive sex-and-drugs party in the back of Larry's limo in 1999 in Gurnee, IL. DBKP has dutifully reported on the accusations, Sinclair's subsequent flunking of a polygraph, and the many twists and turns in the story of a man who declares he is "interested in revealing the truth about Barack Obama". Say what you will, Sinclair's a public-minded individual, according to Larry.

Initially, we gave Sinclair and his claims a fair hearing. But, when someone brings serious accusations against a presidential candidate--and we can muster little enthusiasm for any of Obama's stands on the issues--the burden of proof falls on the accuser. Sinclair, 4 months and counting after since the release of his YouTube video detailing his initial accusations, has come up empty in the Proof Department.

ALSO at DBKP:

Larry Sinclair: Library of DBKP Stories on Obama Accuser

When readers of his accusations--they have grown to include other persons and issues--raise any point concerning the little matter of evidence, they are put into the Larry-O-Matic Response-A-Tator.

1- They're called a name; "Bitch" is popular.
2- They're labeled as an Agent of Obama by Larry or his minions, who lurk beneath the surface of the blog and contribute to the cause; either monetarily or by hounding non-believers.
3- They're threatened. Verbal abuse is the appetizer, then Chef Larry hints at darker legal fates. Now, Sinclair employs a trusty host of Mini-Larries to attack the skeptical. But ocassionally, he will tear himself away from the oven and launch his own verbal salvos.
4- The subject is changed. Can't produce proof about Obama? In LarryWorld, it's an acceptable substitute to offer observations about the inquirer's mother--or about something, anything, different. As long as it's not about the uncomfortable topic raised by the reader, then it works.

Like Forrest Gump, Larry seems to have been present at pivotal moments in history. First, it was his chance encounter with a then-state senator Obama. Then, gay choir master--now murdered--at Obama's Trinity Church, Donald Young, had an itch that could only be scratched by calling--Voila!--Larry Sinclair.

We're still reluctantly holding to the premise that "Even a nutbag can have unbelievable experiences." A look back at early DBKP Larry Sinclair stories will validate our claim of even-handedness when Larry first came forward. We were interested in whether he had a story and getting it out.

After monitoring the situation for four months, it's hard not to conclude that the only story here remains the story of how Larry can grow his PayPal account. The latest is an on-line raffle, the legality of which has been chronicled elsewhere, most notably on the Mitch and Nan Show blog.

But the story of Larry Sinclair will continue.

It just will have little to do about Barack Obama and much to do about Larry Sinclair.

And that's just the way Larry would like it.

If you don't agree with Barack Obama--and his stands on the issues are pure, sweet 100% liberal pap--then there are more valuable ways to oppose him than following the exploits of a gay Minnesota man, wanted by several states, who may or may not be terminally ill, begging people on his blog for money. Time spent for Larry is less time to better acquaint readers with the Man of Audacity, Barack Obama.

Reading Larry's blogs--and the comments of the adoring Larrybots--reminds one of a surreal Jerry Lewis Telethon, where the only handicap they're raising money for is a lack of propriety. Like our earlier post today concerning Ted Kennedy, we don't have to agree with Larry to wish him well and hope that life evens out for him.

The inky, squid-like substance that Larry keeps using as a substitute for any proof of his original accusations has also obscured, up until now, any reason to keep following the story of Larry Sinclair.

Other than for the pure love of a on-going, Jerry Springer-like saga.

by Mondoreb
images/Sources:
* visolve

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