UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

:

 Plaintiff :

 vs. :CIVIL ACTION NO: 08-cv- 04083 

:

BARACK HUSSEIN OBAMA, ET AL, :

:

 Defendants :

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE came before the United States District Court Judge, Honorable R.

Barclay Surrick on Plaintiff’s Motion for Summary Judgment. Having reviewed the

Motion and any response thereto and for good cause shown, it is hereby

ORDERED that Plaintiff’s Motion for Summary Judgment pursuant to F.R.C.P.

56(c) is GRANTED. This Court Declares Barack Hussein Obama a/k/a Barry Hussein

Obama a/k/a Barack Dunham a/k/a Barry Dunham a/k/a Barack Soetoro a/k/a Barry

Soetoro is not a “natural born” or “naturalized” United States citizen and is ineligible to

run for and/or serve as President of the United States. The Democratic National

Committee is hereby enjoined from naming Barack Hussein Obama, et al as the

Democratic Presidential Candidate on the ballot and both the Democratic National

Committee and Barack Hussein Obama, et al are enjoined from any further campaigning

on behalf of Barack Hussein Obama, et al for Office of the Presidency. It is an ORDER

of this Court that Barack Hussein Obama’s, et al name be removed from any and all

ballots for the Office of the President of the United States.
It is further ORDER of this Court; Defendants are to pay Plaintiff $48,300.00,

representing all fees and costs associated with this suit to date.

IT IS SO ORDERED

Dated: October ______, 2008 ______________________________

Hon. R. Barclay Surrick

United States District Court Judge

 For the Eastern District of PA
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

:

 Plaintiff :

 vs. :CIVIL ACTION NO: 08-cv- 04083 

:

BARACK HUSSEIN OBAMA, ET AL, :

:

 Defendants :

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 

AGAINST DEFENDANTS, BARACK HUSSEIN OBAMA and

THE DEMOCRATIC NATIONAL COMMITTEE

Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within Motion

for Summary Judgment and Brief in support thereof and moves this Court for an Order

granting Summary Judgment to Plaintiff and against Defendant’s, Barack Hussein

Obama [hereinafter “Obama”] and The Democratic National Committee’s [hereinafter

“DNC”] on all Plaintiff’s claims pursuant to Federal Rules of Civil Procedure, Rule 56(c)

on the following grounds:

1. Plaintiff served Discovery by way of Requests for Admissions and

Request for Production of Documents upon Defendants, Obama

and DNC, on September 15, 2008.
2. Although Defendants, Obama and DNC, filed a Motion for a

Protective Order staying all discovery pending the Court’s decision

on a Motion to Dismiss, Defendants failed to serve Plaintiff with

any Answers and/or Objections to the Requests for Admissions

Served upon each Defendant, Obama and DNC. To date, the

Court has never issued any Protective Orders.

3. Failure to Answer or Object to Requests for Admissions within

thirty [30] days deems the Request for Admissions “Admitted,”

Federal Rules of Civil Procedure 56(c).

4. Since the Requests for Admissions are now deemed Admitted,

there are not any genuine issues of material facts remaining and

Plaintiff is entitled to Judgment against Defendants, Obama and

the DNC, as a matter of law.

5. To date, Plaintiff, Philip J. Berg, Esquire, has expended

considerable time in pursuing this case. Accordingly, Plaintiff

requests counsel fees and costs. In the amount of $48,300.00.
WHEREFORE, for the above aforementioned reasons, Plaintiff, Philip J. Berg,

Esquire, respectfully requests this Honorable Court to grant Plaintiff’s Motion for

Summary Judgment against Defendants, Obama and the DNC as to all his claims and

award counsel fees and costs to Plaintiff, Philip J. Berg, Esquire in the amount of

$48,300.00.

Respectfully submitted,

 s/ Philip J. Berg

Dated: October 22, 2008 ___________________________

Philip J. Berg, Esquire

Attorney in pro se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

(610) 825-3134
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE :

:

 Plaintiff :

 vs. :CIVIL ACTION NO: 08-cv- 04083 

:

BARACK HUSSEIN OBAMA, ET AL :

 :

 Defendants :

PLAINTIFF’S BRIEF IN SUPPORT OF HIS MOTION FOR SUMMARY

JUDGMENT AGAINST DEFENDANTS, THE DNC AND OBAMA

A. OVERVIEW OF PLAINTIFF’S COMPLAINT

Plaintiff is a life long Democrat who had always been proud of his Party.

Plaintiff is a licensed attorney in good standing and has taken an oath to uphold the

United States Constitution. Plaintiff and many other citizens of the United States have

donated money and time to Democratic Presidential candidates as well as to the

Democratic National Committee, in reliance on promises and assurances made by the

DNC in the Democratic Party Agenda. It provides that the Democrat Party’s goals,

among others, are to “restore accountability, honesty and openness at all levels of

government”, to “restore the Constitution and protect the civil rights and liberties of all

Americans” and to “uphold the Constitution.” To uphold the Constitution includes

making sure that the Presidential candidate is eligible to serve as President pursuant to

Article II, Section 1 of our United States Constitution and that such candidate runs a fair

and legitimate campaign. 
In vetting the Presidential candidate the DNC and FEC are required to ensure the

eligibility requirements pursuant to our Constitution are met and the Presidential

candidate, if elected, would be eligible to serve as President. To be eligible and qualified

to run for and/or serve for Office of the President of the United States a person must be a

“natural born” citizen. United States Constitution, Article II, Section I. The natural

born citizen clause has prohibited many prominent Americans from becoming

President, including Governor Schwarzenegger and former Secretaries of State

Madeleine Albright and Henry Kissinger. 

The DNC has nominated Obama as the Democratic candidate for President of the

United States. There are many unanswered questions regarding Obama’s citizenship

status:

1. Is Obama a “natural born” United States citizen?

2. Is Obama a “naturalized” United States citizen?

3. Is Obama a citizen of Indonesia? 

If the answer to the first question is “yes” then Obama meets the citizenship requirements to

be President. On the other hand, if the answer to the first question is “no” and the answer to

the second or third question is “yes”, Obama is not eligible to be President. 

Plaintiff has learned through extensive investigation that Obama is not a “natural

born” citizen. Plaintiff learned that Obama was born at Coast Hospital in Mombasa, Kenya

located in Coast Province. Obama’s father was a Kenyan citizen and Obama’s mother a

United States citizen who was not old enough and did not reside in the United States long

enough to register Obama’s birth in Hawaii as a “natural born” United States citizen. Under

the laws in effect between December 24, 1952 and November 14, 1986 (Obama was born in

1961), a child born outside of the United States to one citizen parent could acquire “natural
born” United States citizenship if the United States citizen parent had been physically present

in the United States for ten (10) years prior to the child’s birth, five (5) of those years being

after age fourteen (14). Nationality Act of 1940, revised June 1952; United States of America

v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).

Obama’s mother was only 18 when Obama was born in Kenya and therefore, did not meet

the age and residency requirements for her child to have acquired “natural born” United

States citizenship. Therefore, Obama may not be considered a “natural born” United States

citizen. There is no indication that Obama is a naturalized citizen either. 

In response to requests from Plaintiff and the general public for Obama to

produce proof of his citizenship, Obama allowed the Daily Kos to post on their website

an image of a Certification of Live Birth with Obama’s name on it purporting to be

Obama’s birth certificate at www.dailykos.com. This same image was also placed on

Obama’s website, http://fightthesmears.com and on another website located at

http://factcheck.org. The image placed on these websites is of a Hawaiian document

which is provided for children’s births in Hawaii as “natural born”, as well as births

abroad, which have been registered in Hawaii, whether the citizenship status was “natural

born” or “naturalized”. Thus, the posting of Obama’s purported birth certificate did not

prove Obama was a “natural born” citizen. Further, the images placed on these three (3)

websites were later discovered by Document Image Specialists to be altered and forged

images.

It appears that Obama became an Indonesian citizen. Plaintiff discovered through

investigation that Obama’s mother married an Indonesian citizen, Lolo Soetoro who

either signed a government form legally “acknowledging” Obama as his son or “adopted”

Obama, either of which changed any citizenship status Obama had to a “natural” citizen
of Indonesia. Obama was registered in a Jakarta public school as an Indonesian citizen

by the name of Barry Soetoro and his father was listed as Lolo Soetoro, M.A. There was

no other way for Obama to have attended school in Jakarta, Indonesia as Indonesia was

under tight rule and was a Police State. Indonesia did not allow foreign students to attend

their public schools and any time a child was registered for a public school, their name

and citizenship status was verified through the Indonesian Government. These facts

indicate that Obama was an Indonesian citizen, and therefore, he is not eligible to be

President of the U.S.

Plaintiff filed suit on August 21, 2008 seeking proof of Obama’s citizenship

status. Defendants, Obama and the DNC’s Answers were due on or before September

24, 2008. 

Plaintiff filed a Motion on September 09, 2008 for Expedited Discovery,

Extensive Discovery, Deposition of Obama and Howard Dean, the DNC Chairman and a

request for the appointment of a Special Master to be present during the depositions.

Defendants failed to respond or oppose Plaintiff’s Discovery Motion, which is still

pending before this Court.

On September 15, 2008, Plaintiff served discovery by way of Request for

Admissions and Request for Production of Documents on Defendants Obama and the

DNC.

Instead of filing an Answer, Defendants, Obama and the DNC filed a Motion to

Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6), claiming Plaintiff did not have

standing and failure to state a claim which relief can be granted. Plaintiff Opposed the

Defendants Motion to Dismiss and requested to file an Amended Complaint.
Plaintiff filed a Motion for Leave to file an Amended Complaint and attached his

First Amended Complaint as Exhibit “A” on the early morning of October 6, 2008,

document number fourteen (14) on the docket.

On the afternoon of October 6, 2008, Plaintiff received a call from John P.

Lavelle, Jr., counsel for the DNC and Obama in order to meet and confer regarding

discovery pursuant to Federal Rules of Civil Procedure, Rule 26(f). Mr. Lavelle

requested a stay of discovery pending this Honorable Court’s decision on Defendants

Motion to Dismiss currently pending. Plaintiff declined this request as Obama’s

citizenship status is of National security as he is running for President of the United

States. Mr. Lavelle stated he was filing a Motion for a Protective Order staying

discovery pending a decision on the Defendants Motion to Dismiss. Shortly thereafter,

Defendants’ Motion for a Protective Order was filed with this Court as document number

fifteen (15). This Court has not ruled on Defendants’ motion.

The Presidential election is only two (2) weeks away. Obama is not a “natural

born” citizen and is therefore ineligible to serve as President of the United States. As a

result, Plaintiff as well as many other United States citizens have been harmed and will

continue to be harmed until Obama proves his citizenship status or withdraws as the

Democratic Presidential candidate. Plaintiff as well as many United States citizens will

have been deprived of their constitutional right to vote for an eligible candidate and will

lose the money they have invested in Obama in the elusive hope of “change”. 

The citizenship status of Defendant Obama is a critical issue and of concern to

Plaintiff as well as the general public, which needs to be addressed prior to the

Presidential election on November 4, 2008.
Instead of satisfying Plaintiff and the general public’s concerns regarding

Obama’s citizenship status, or lack thereof, Obama and the DNC have chosen to litigate

the matters in lieu of providing what should be simple proof. Defendants have filed two

[2] Motions to Dismiss and a Motion for a Protective Order instead of simply solving the

matters and providing the proof verifying Obama’s citizenship status. The fact Obama is

a U.S. Senator for Illinois and a Presidential candidate, he is open for public scrutiny and

Plaintiff as well as all American Citizens have a right to question and receive proof of

Obama’s citizenship status.

Moreover, Defendants have failed to answer Plaintiff’s requests for Admissions

in a timely manner, and those matters are automatically deemed admitted in accordance

with Federal Rules of Civil Procedure 36(a); McNeil v. AT&T Universal Card, 192

F.R.D. 492, 494 (E.D. Pa. 2000). Therefore, no genuine issue of material fact exists

regarding Plaintiff's complaint against Defendants. Plaintiff is entitled to summary

judgment as a matter of law.

B. REQUEST FOR ADMISSIONS SERVED UPON DEFENDANTS ARE

DEEMED ADMITTED, THEREFORE, THERE ARE NO 

UNDISPUTED FACTS, SUMMARY JUDGMENT SHOULD BE 

GRANTED IN FAVOR OF PLAINTIFF:

Request for Admissions were served upon Defendants, Obama and the DNC on

September 15, 2008. Answers and/or Objections were due within thirty [30] days.. 

Although Defendants filed a Motion for Protective Order on October 9, 2008, the

Court has never ruled upon their Motion and therefore, a Protective Order was not

granted and discovery has never been stayed. 
Failure to Answer or Oppose Requests for Admissions deems them Admitted.

Federal Rules of Civil Procedure, Rule 36, McNeil v. AT&T Universal Card, 192 F.R.D.

492, 494 (E.D. Pa. 2000), Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir.

1976), cert. denied, 429 U.S. 1038, 97 S. Ct. 732 (1977); Siss v. County of Passaic, 75 F.

Supp. 2d 325, 331 (D.N.J. 1999). 

Federal Rules of Civil Procedure, Rule 36 states in pertinent part:

“(3) Time to Respond; Effect of Not Responding. 

A matter is admitted unless, within 30 days after being served, the party to

whom the request is directed serves on the requesting party a written

answer or objection addressed to the matter and signed by the party or its

attorney“

Plaintiff’s Request for Admissions served upon Defendants were simple and

straightforward recitations of fact which could be admitted or denied and to which

Defendants should have personal knowledge and familiarity. Despite the simplicity,

Defendants failed to Answer and/or Object to Plaintiff’s Request for Admissions. Since

Plaintiff’s Requests for Admissions are based solely on Plaintiff’s Complaint which

addresses Obama’s non-natural born United States citizen status (Plaintiff’s Request for

Admissions served upon Obama are attached hereto as Exhibit “1” and Plaintiff’s

Requests for Admissions served upon the DNC are attached hereto as Exhibit “2”), the

fact that Obama is not a natural born citizen was automatically deemed admitted upon

Defendants’ failure to answer Plaintiff’s Requests for Admission in a timely manner.

The admitted matter is conclusively established for purposes of the pending action. See

American Auto Ass'n v.AAA Legal Clinic, 930 F.2d 1117, 1120 (5th Cir. 1991)

(conclusive effect of admission applies equally to matters affirmatively admitted and
those established by default). Therefore, there are no issues of material fact that remain

and Plaintiff’s Motion for Summary Judgment against Defendants, the DNC and Obama

should be granted to all of Plaintiff’s claims.

Admissions of fact made under Federal Rule of Civil Procedure, Rule 36 are

“unassailable statement of facts that narrows the triable issues in the case.” Airco

Industrial Gases, Inc. v. Teamsters Health & Welfare Pension Fund, 850 F.29 1028,

1037 (3 Cir. 1988). rd

For the above aforementioned reasons, Plaintiff’s Motion for Summary Judgment

against Defendants, Obama and DNC, should be immediately granted to all of Plaintiff’s

claims.

C. SUMMARY JUDGMENT IS APPROPRIATE IN THIS CASE and 

MUST BE GRANTED IN FAVOR OF PLAINTIFF:

Under Federal Rules of Civil Procedure, Rule 56(c), Summary Judgment should

be granted to Plaintiff because there are no genuine issues of material fact and Plaintiff is

entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc. 477 U.S. 242,

247 (1986), Arnold Pontiac-GMC, Inc. v. General Motors Corp., 786 F.2d 564, 568 (3rd

Cir. 1986). The Third Circuit Courts have considered the question of the proper interplay

between the granting of a Summary Judgment and requests for admissions and have held

that failure to respond to properly served admissions permits the entry of summary

judgment when the facts deemed admitted are dispositive. See Anchorage Assocs. v.

Virgin Islands Bd. of Tax Review, 922 F.2d 168, 176 (3d Cir. 1990) (deemed admissions

sufficient to support summary judgment); Freed v. Plastic Packaging Materials, Inc., 66

F.R.D. 550, 552 (E.D. Pa. 1975). In this case, Defendants’ deemed admissions warrant
the entry of a Summary Judgment in favor of Plaintiff because the deemed admissions

address every element of Plaintiff’s claim and no genuine issues of material fact remain.

For the above aforementioned reason’s Plaintiff’s Motion for Summary Judgment

against Defendants, the DNC and Obama should be immediately granted to all of

Plaintiff’s claims.

D. CONCLUSION:

For the above aforementioned reasons, Plaintiff, Philip J. Berg, Esquire,

respectfully requests this Honorable Court to Grant his Motion for Summary Judgment

against Defendants, Barack Hussein Obama and The Democratic National Committee, as

to all of Plaintiff’s Claims.

Additionally, Plaintiff requests this Honorable Court to declare Barack Hussein

Obama a/k/a Barry Hussein Obama a/k/a Barack Dunham a/k/a Barry Dunham a/k/a

Barack Soetoro a/k/a Barry Soetoro is not a “natural born” United States citizen and is

ineligible to run for and/or serve as President of the United States.

Plaintiff further requests this Honorable Court to Order The Democratic National

Committee to remove the name of Barack Hussein Obama a/k/a Barry Hussein Obama

a/k/a Barack Dunham a/k/a Barry Dunham a/k/a Barack Soetoro a/k/a Barry Soetoro

from the Presidential ballot and to enjoin Defendants from any further Presidential

campaigning on behalf of Barack Hussein Obama, et al.

In addition, Plaintiff requests this Honorable Court to Order the Democratic

National Committee and Barack Hussein Obama, et al to pay all fees and costs associated
with this suit in the amount of $48,300.00. Plaintiff respectfully requests the Court to

Grant Plaintiff such other and further relief as the Court deems just and proper.

Respectfully submitted,

 /s Philip J. Berg 

Dated: October 22, 2008 ___________________________

Philip J. Berg, Esquire

Attorney in pro se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

(610) 825-3134
CERTIFICATE OF SERVICE

I, hereby certify that Plaintiff’s Motion for Summary Judgment and Brief in

Support thereof, were served via electronic filing on the ECF System, this 22 day of nd

October 2008 upon the following:

John P. Lavelle, Jr.

Attorney I.D. PA 54279

BALLARD SPAHR ANDREWS &

INGERSOLL, LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103

(215) 864-8603

(215) 864-9125 (Fax)

lavellej@ballardspahr.com

Joseph E. Sandler

SANDLER REIFF & YOUNG PC

300 M Street, S.E. Suite 1102

Washington, D.C. 20003

Telephone: (202) 479-1111

Fax: (202) 479-1115

sandler@sandlerreiff.com

Robert F. Bauer

General Counsel, Obama for America

PERKINS COIE

607 Fourteenth Street N.W.

Washington, D.C. 20005-2003

Telephone: 202.628.6600

Facsimile: 202.434.1690 Attorney’s for Defendant’s

RBauer@perkinscoie.com Barack Hussein Obama and 

The Democratic National Committee
Benjamin A. Streeter, III, Esquire

The Federal Election Commission (FEC)

999 E. Street, NW

Washington, D.C. 20463 In pro se

bstreeter@fec.gov

 s/ Philip J. Berg

 ___________________________

Philip J. Berg, Esquire

Attorney in pro se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

(610) 825-3134
EXHIBIT “1"
I:Obama\Obama Plaintiff First Set Req Admissions.doc 1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

:

 Plaintiff :

 vs. : CIVIL ACTION NO. 08-cv-04083

:

BARACK HUSSEIN OBAMA, a/k/a :

BARRY SOETORO, a/k/a :

BARRY OBAMA, a/k/a : 

BARACK DUNHAM, a/k/a :

BARRY DUNHAM; THE :

DEMOCRATIC NATIONAL :

COMMITTEE, THE FEDERAL :

ELECTION COMMISSION AND :

DOES 1-50, INCLUSIVE, :

:

 Defendants :

PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSIONS

Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] submits the following

Requests for Admissions to Defendant Barack Hussein Obama a/k/a Barrack Hussein

Obama a/k/a Barry Obama a/k/a Barrack Dunham a/k/a Barack Dunham a/k/a Barry

Dunham a/k/a Barrack Soetoro a/k/a Barack Soetoro a/k/a Barry Soetoro [hereinafter

“Obama”] pursuant to Federal Rules of Civil Procedure Rule 36.

INSTRUCTIONS

If Obama fails to respond or object to any request within thirty (30) days of the

service of the Requests, the matter shall be deemed admitted under Rule 36. As you are

aware, Plaintiff has filed a Motion for Expedited Discovery requesting Admission
I:Obama\Obama Plaintiff First Set Req Admissions.doc 2

Responses to be filed within ten (10) days of service. If granted, the thirty (30) days

herein will not apply. 

As is more fully set out in Rule 36(a), the Defendant must admit or deny each

Request, and, where necessary, specify the parts of each request to which it objects or

cannot in good faith admit or deny. If the Defendant objects to only part of a Request, it

must admit or deny the remainder of the Request. In the event that Defendant objects to

or denies any Request or portion of a Request, the Defendant must state the reason for its

objection or denial.

These Requests shall be deemed continuing and supplemental answers shall be

required if you directly or indirectly obtain further information after your initial response

as provided by Federal Rules of Civil Procedure, Rule 26(e). 

Each Request solicits all information obtainable by Defendant Obama from

Defendant’s attorney’s, investigators, agents, employees and representatives. If you

answer a Request on the basis that you lack sufficient information to respond, describe

any and all efforts you made to inform yourself of the facts and circumstances necessary

to answer or respond.

DEFINITIONS

1. The word “or” is used herein in its inclusive sense unless the context

clearly requires otherwise.

2. The term “document” means and includes without limitation all

correspondence, memoranda, certificates, notes, books, manuals, pamphlets, brochures,

advertisements, books of account, balance sheets, financial statements, profit and loss

statements, working papers, schedules, diaries, calendars, logs, time records, equipment
I:Obama\Obama Plaintiff First Set Req Admissions.doc 3

records, microfilms, transcripts, recordings, tapes, telexes, telegrams, files, proposals,

bids, offers, contracts, agreements, change orders, worksheets, drawings, blue prints,

designs, specifications, time cards, compilations, graphs, charts, bills, statements,

invoices, receipts, bills of lading, shipping records, confirmations, applications, purchase

orders, checks, checkbooks and other checking records, photographs, formulae,

prescriptions, studies, projections, reports, computer programs, information contained in

computer banks, tapes, cards, printouts and drafts to the extent they differ from the

originals, and all other records and papers of any nature whatsoever. 

3. Any reference to a specifically named person, corporation, Governmental

Agency, State Agency or other entity and any reference generally to “person” shall

include the employees, agents, representatives and other persons acting on behalf thereof

or through whom the referenced person acts. The term “person” means and includes

natural persons, corporations, partnerships, joint ventures, sole proprietorships,

associations, trust, estates, firms and any other entity.

4. As used herein, “Plaintiff” means, unless otherwise indicated, Philip J.

Berg, Esquire, as well as their agents, attorneys, representatives or any other person

acting on their behalf or on behalf of any one of them.

5. As used herein, “Defendant” and “Obama”, shall be deemed to include

Defendant Barack Hussein Obama a/k/a Barrack Hussein Obama a/k/a Barry Obama

a/k/a Barrack Dunham a/k/a Barack Dunham a/k/a Barry Dunham a/k/a Barrack Soetoro

a/k/a Barack Soetoro a/k/a Barry Soetoro, as well as his agents, attorneys, representatives

or any other person acting on his behalf or on behalf of any one of them.
I:Obama\Obama Plaintiff First Set Req Admissions.doc 4

FIRST SET OF ADMISSIONS

Admissions, Request No. 1. Admit you were born in Kenya.

Response:

Admissions, Request No. 2. Admit you are a Kenya “natural born” citizen.

Response:

Admission, Request No. 3. Admit your foreign birth was registered in the State 

of Hawaii.

Response:

Admissions, Request No. 4. Admit your father, Barrack Hussein Obama, Sr. 

admitted Paternity of you.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 5

Admissions, Request No. 5. Admit your mother gave birth to you in Mombosa, 

Kenya.

Response:

Admissions, Request No. 6. Admit your mother’s maiden name is Stanley Ann 

Dunham a/k/a Ann Dunham.

Response:

Admissions, Request No. 7. Admit the COLB [Certification of Live Birth]

posted on the website “Fightthesmears.com” is a

forgery.

Response:

Admissions, Request No. 8: Admit you were adopted by a Foreign Citizen.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 6

Admissions, Request No. 9. Admit you were adopted by Lolo Soetoro, M.A. a 

citizen of Indonesia.

Response:

Admissions, Request No. 10. Admit you were not born in Hawaii.

Response:

Admissions, Request No. 11. Admit you were not born at the Queens Medical 

Center in Hawaii.

Response:

Admissions, Request No. 12. Admit you were not born at Kapi’olani Medical 

Center for Women and Children in Hawaii.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 7

Admissions, Request No. 13. Admit you were not born in a Hospital in Hawaii.

Response:

Admissions, Request No. 14. Admit you are a citizen of Indonesia.

Response:

Admissions, Request No. 15. Admit you never took the “Oath of Allegiance” to 

regain your U.S. Citizenship status.

Response:

Admissions, Request No. 16. Admit you are not a “natural born” United States 

citizen.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 8

Admissions, Request No. 17. Admit your date of birth is August 4, 1961.

Response:

Admissions, Request No. 18. Admit you traveled to Pakistan in 1981 with your 

 Pakistan friends.

Response:

Admissions, Request No. 19. Admit in 1981 you went to Indonesia on your way 

to Pakistan.

Response:

Admissions, Request No. 20. Admit Pakistan was a no travel zone in 1981 for 

American Citizens.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 9

Admissions, Request No. 21. Admit in 1981 Pakistan was not allowing American

Citizens to enter their Country.

Response:

Admissions, Request No. 22. Admit you traveled on your Indonesian Passport to 

Pakistan.

Response:

Admissions, Request No. 23. Admit you renewed your Indonesian Passport on 

your way to Pakistan.

Response:

Admissions, Request No. 24. Admit your senior campaign staff is aware you are

not a “natural born” United States Citizen.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 10

Admissions, Request No. 25. Admit you are proud of your Kenya Heritage.

Response:

Admissions, Request No. 26. Admit your relatives have requested changes to the 

portion of your birth certificate that identifies your 

first name.

Response:

Admissions, Request No. 27. Admit your relatives have requested changes to the 

portion of your birth certificate that identifies your 

last name.

Response:

Admissions, Request No. 28. Admit your relatives have requested changes to the 

portion of your birth certificate that identifies your 

place of birth. 

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 11

Admissions, Request No. 29. Admit you have requested changes to the portion of

your birth certificate that identifies your first name.

Response:

Admissions, Request No. 30. Admit you have requested changes to the portion of

your birth certificate that identifies your last name.

Response:

Admissions, Request No. 31. Admit you have requested changes to the portion of

your birth certificate that identifies your place of

birth.

Response:

Admissions, Request No. 32. Admit that the document identified as your 

Indonesian School record from Fransiskus Assisi 

School in Jakarta, Indonesia, attached hereto as 

Exhibit “A”, is genuine.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 12

Admissions, Request No. 33. Admit you went to a Judge in Hawaii to have your 

name changed.

Response:

Admissions, Request No. 34. Admit you went to a Senator and/or Congressman 

or other public official in Hawaii to have your name

changed.

Response:

Admissions, Request No. 35. Admit you have had a passport issued to you from 

the Government of Indonesia.

Response:

Admissions, Request No. 36. Admit the United States Constitution does not allow

for a Person to hold the office of President of the

United States unless that person is a “natural born” 

United States citizen.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 13

Admissions, Request No. 37. Admit you are ineligible pursuant to the United 

States Constitution to serve as President and/or 

Vice President of the United States.

Response:

Admissions, Request No. 38. Admit you have never renounced your citizenship 

as it relates to your citizenship to the country of 

Indonesia.

Response:

Admissions, Request No. 39. Admit you have never renounced your citizenship 

as it relates to your citizenship to the country of 

Kenya.

Response:

Admissions, Request No. 40. Admit you are an Attorney who specializes in 

Constitutional Law.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 14

Admissions, Request No. 41. Admit Kenya was a part of the British Colonies at 

the time of your birth.

Response:

Admissions, Request No. 42. Admit Kenya did not become its own Republic until

1963.

Response:

Admissions, Request No. 43. Admit you are not a “Naturalized” United States 

Citizen.

Response:

Admissions, Request No. 44. Admit you have obtained $200 Million dollars in 

campaign funds by fraudulent means.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 15

Admissions, Request No. 45. Admit you cannot produce a “vault” (original) long 

version of a birth certificate showing your birth in 

Hawaii.

Response:

Admissions, Request No. 46. Admit your “vault” (original) long version birth 

certificate shows your birth in Kenya. 

Response:

Admissions, Request No. 47. Admit the only time you have been to a Hospital in 

Hawaii was for check-ups or medical treatments for

illnesses.

Response:

Admissions, Request No. 48. Admit Queens Medical Center in Honolulu, Hawaii 

do not have any record of your mother, Stanley Ann

Dunham (Obama) giving birth to you.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 16

Admissions, Request No. 49. Admit Kapi’olani Medical Center for Women and 

Children in Honolulu, Hawaii do not have any 

record of your mother, Stanley Ann Dunham 

(Obama) giving birth to you.

Response:

Admissions, Request No. 50. Admit you were born in the Coast Province

Hospital in Mombasa, Kenya.

Response:

Admissions, Request No. 51. Admit you represented on your State Bar 

application in Illinois you have never used any 

 other name other than Barack Hussein Obama.

Response:

Admissions, Request No. 52. Admit you went by the name Barry Soetoro in 

Indonesia.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 17

Admissions, Request No. 53. Admit your Indonesian school records are under the

name of Barry Soetoro.

Response:

Admissions, Request No. 54. Admit you took an Oath to uphold the United States

Constitution when admitted to the State Bar of

Illinois to practice Law.

Response:

Admissions, Request No. 55. Admit you took an Oath to uphold the United States

Constitution when you were Sworn into your 

United States Senate Office.

Response:

Admissions, Request No. 56. Admit you hold dual citizenship with at least one

other Country besides the United States of America.

Response:
I:Obama\Obama Plaintiff First Set Req Admissions.doc 18

Respectfully submitted,

 

Dated: September 15 , 2008 s/ Philip J. Berg 

th

Philip J. Berg, Esquire

Attorney in Pro Se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

Identification No. 09867

(610) 825-3134
I:Obama\Obama Plaintiff First Set Req Admissions.doc 19

CERTIFICATE OF SERVICE

I, hereby certify that Plaintiff’s First Set of Admissions addressed to Defendant

Barrack Hussein Obama were served by United States Postal Service, with postage fully

prepaid this 15 day of September 2008 upon the following: th

Barrack H. Obama

713 Hart Senate Office Building 

Washington, D.C. 20510

Fax: (202) 228-4260

Democratic National Committee (DNC)

430 S. Capitol St. SE, 

Washington DC 20003

Fax: (202) 863-8063

Federal Election Commission (FEC)

999 E. Street, NW, 

Washington, DC 20463

 

 s/ Philip J. Berg 

PHILIP J. BERG, ESQUIRE

Attorney for Plaintiff

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

(610) 825-3134
EXHIBIT “2"
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :

:

 Plaintiff :

 vs. : CIVIL ACTION NO. 08-cv-04083

:

BARACK HUSSEIN OBAMA, a/k/a :

BARRY SOETORO, a/k/a :

BARRY OBAMA, a/k/a : 

BARACK DUNHAM, a/k/a :

BARRY DUNHAM; THE :

DEMOCRATIC NATIONAL :

COMMITTEE, THE FEDERAL :

ELECTION COMMISSION AND :

DOES 1-50, INCLUSIVE, :

:

 Defendants :

PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSIONS

TO DEFENDANT DEMOCRACTIC NATIONAL COMMITTEE [DNC]

Plaintiff Philip J. Berg, Esquire [hereinafter “Plaintiff”] submits the following

Requests for Admissions to Defendant the Democratic National Committee [hereinafter

“DNC”] pursuant to Federal Rules of Civil Procedure Rule 36.

INSTRUCTIONS

If the DNC fails to respond or object to any request within thirty (30) days of the

service of the Requests, the matter shall be deemed admitted under Rule 36. As you are

aware, Plaintiff has filed a Motion for Expedited Discovery requesting Admission

Responses to be filed within ten (10) days of service. If granted, the thirty (30) days

herein will not apply. 
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 2

As is more fully set out in Rule 36(a), the DNC must admit or deny each Request,

and, where necessary, specify the parts of each request to which it objects or cannot in

good faith admit or deny. If the DNC objects to only part of a Request, it must admit or

deny the remainder of the Request. In the event that DNC objects to or denies any

Request or portion of a Request, the DNC must state the reason for its objection or

denial.

These Requests shall be deemed continuing and supplemental answers shall be

required if you directly or indirectly obtain further information after your initial response

as provided by Federal Rules of Civil Procedure, Rule 26(e). 

Each Request solicits all information obtainable by the DNC from the DNC’s

attorney’s, investigators, agents, employees and representatives. If you answer a Request

on the basis that you lack sufficient information to respond, describe any and all efforts

you made to inform yourself of the facts and circumstances necessary to answer or

respond.

DEFINITIONS

1. The word “or” is used herein in its inclusive sense unless the context

clearly requires otherwise.

2. The term “document” means and includes without limitation all

correspondence, memoranda, certificates, notes, books, manuals, pamphlets, brochures,

advertisements, books of account, balance sheets, financial statements, profit and loss

statements, working papers, schedules, diaries, calendars, logs, time records, equipment

records, microfilms, transcripts, recordings, tapes, telexes, telegrams, files, proposals,

bids, offers, contracts, agreements, change orders, worksheets, drawings, blue prints,
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 3

designs, specifications, time cards, compilations, graphs, charts, bills, statements,

invoices, receipts, bills of lading, shipping records, confirmations, applications, purchase

orders, checks, checkbooks and other checking records, photographs, formulae,

prescriptions, studies, projections, reports, computer programs, information contained in

computer banks, tapes, cards, printouts and drafts to the extent they differ from the

originals, and all other records and papers of any nature whatsoever. 

3. Any reference to a specifically named person, corporation, Governmental

Agency, State Agency or other entity and any reference generally to “person” shall

include the employees, agents, representatives and other persons acting on behalf thereof

or through whom the referenced person acts. The term “person” means and includes

natural persons, corporations, partnerships, joint ventures, sole proprietorships,

associations, trust, estates, firms and any other entity.

4. As used herein, “Plaintiff” means, unless otherwise indicated, Philip J.

Berg, Esquire, as well as his agents, attorneys, representatives or any other person acting

on his behalf or on behalf of any one of them.

5. As used herein, “Defendant” and “DNC”, shall be deemed to include

Defendant The Democratic National Committee (DNC), as well as its agents, attorneys,

representatives or any other person acting on their behalf or on behalf of any one of them.

FIRST SET OF ADMISSIONS

Admissions, Request No. 1. Admit you nominated Barrack Hussein Obama as 

the Democratic Nominee for President.

Response:
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 4

Admissions, Request No. 2. Admit you have not vetted Barrack Hussein Obama.

Response:

Admission, Request No. 3. Admit you have not had a background check

performed on Barrack Hussein Obama.

Response:

Admissions, Request No. 4. Admit you have not verified Barrack Hussein 

Obama’s eligibility to serve as President of the 

United States.

Response:

Admissions, Request No. 5. Admit Barrack Hussein Obama was born in Kenya.

Response:

Admissions, Request No. 6. Admit Barrack Hussein Obama is not a “natural 

born” United States citizen.

Response:

Admissions, Request No. 7. Admit Barrack Hussein Obama was not born in

Hawaii.

Response:

Admissions, Request No. 8: Admit you have not inquired into Barrack Hussein 

Obama’s citizenship status.

Response:

Admissions, Request No. 9. Admit you have a duty to properly vette the 

Democratic Nominee for Presidency.

Response:
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 5

Admissions, Request No. 10. Admit Lolo Soetoro, M.A., an Indonesian citizen

adopted Barrack Hussein Obama.

Response:

Admissions, Request No. 11. Admit your Credentials Committee has been aware

of this lawsuit since August 22, 2008 as the lawsuit

was faxed to your Washington D.C. Office on 

August 22, 2008.

Response:

Admissions, Request No. 12. Admit your Credentials Committee failed to verify

and/or inquire into the credentials of Barack

Hussein Obama to serve as the President of the

United States.

Response:

Admissions, Request No. 13. Admit your Credential Committee’s Report failed 

to address the issues of Barack Hussein Obama’s

ineligibility to serve as President of the United 

States.

Response:

Admissions, Request No. 14. Admit Howard Dean, Chair Person has and had 

knowledge Barack Hussein Obama was born in 

Kenya and ineligible to serve as the President of

the United States.

Response:

Admissions, Request No. 15. Admit Plaintiff and all democratic citizens of the 

United States have been personally injured as a

result of not having a qualified Democratic 

Presidential Nominee to cast their votes upon.

Response:
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 6

Admissions, Request No. 16. Admit Plaintiff and all citizens of the United States 

have a Constitutional Right to vote for the 

President of the United States and to have two (2) 

qualified candidates of which to choose from.

Response:

Admissions, Request No. 17. Admit Plaintiff and all citizens of the United States 

have a Constitutional right to have a properly vetted

Democratic Presidential Nominee of which to cast 

their vote.

Response:

Admissions, Request No. 18. Admit an FBI background check is not performed 

on the Presidential or Vice Presidential Candidates.

Response:

Admissions, Request No. 19. Admit the United States Constitution does not allow

for a Person to hold the office of President of the

United States unless that person is a “natural born” 

United States citizen.

Response:

Admissions, Request No. 20. Admit you collected donations on behalf of Barack 

Hussein Obama for his Presidential campaign.

Response:

Admissions, Request No. 21. Admit Plaintiff and Democratic citizens donated

money based on false representations that Barack

Hussein Obama was qualified to serve as the

President of the United States.

Response:

Admissions, Request No. 22. Admit if Barack Hussein Obama is elected as 

President and allowed to serve as President of
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 7

the United States in violation of our Constitution,

it will create a Constitutional crisis.

Response:

Admissions, Request No. 23. Admit Barack Hussein Obama took an Oath to 

uphold the United States Constitution.

Response:

Admissions, Request No. 24. Admit allowing a person who is not a “natural 

born” citizen to serve as President of the United 

States violates Plaintiff’s rights to due process of 

law in violation of the United States Constitution.

Response:

Admissions, Request No. 25. Admit allowing a person who is not a “natural 

born” citizen to serve as President of the United 

States violates Plaintiff’s rights to Equal Protection 

of the laws in violation of the United States 

Constitution.

Response:

Admissions, Request No. 26. Admit the function of the DNC is to secure a 

Democratic Presidential Candidate who will protect

Democratic citizen’s interests, fight for their equal 

opportunities and fight for justice for all Americans

Response:

Admissions, Request No. 27. Admit the Democratic National Committee has 

been promoting Barack Hussein Obama’s

Presidential election knowing he was 

ineligible to serve as President of the United States. 

Response:
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 8

 Respectfully submitted,

Dated: September 15 , 2008 s/Philip J. Berg th

Philip J. Berg, Esquire

Attorney in Pro Se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

Identification No. 09867

(610) 825-3134
I:\Obama\DNC Plaintiff First Set Req Admissions.doc 9

CERTIFICATE OF SERVICE

I, Philip J. Berg, Esquire, hereby certify that Plaintiff’s First Set of Admissions

addressed to Defendant The Democratic National Committee [DNC] were served by

United States Postal Service, with postage fully prepaid this 15 day of September 2008 th

upon the following:

Barrack H. Obama

713 Hart Senate Office Building 

Washington, D.C. 20510

Fax: (202) 228-4260

Democratic National Committee (DNC)

430 S. Capitol St. SE, 

Washington DC 20003

Fax: (202) 863-8063

Federal Election Commission (FEC)

999 E. Street, NW, 

Washington, DC 20463

 

 s/ Philip J. Berg

PHILIP J. BERG, ESQUIRE

Attorney for Plaintiff

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

(610) 825-3134