Obama Citizenship

Hollister v. Soetoro: Judge Responds to Berg?s Amended Complaint

By Phil

The following is the order of US District Judge James Robertson to Philip Berg’s amended complaint for Hollister v. Soetoro:

Plaintiff’s amended complaint [#11] adds nothing to the original complaint except rhetoric and legal theory and creates no obligation upon the defendants to respond to it. Nor is the amended complaint responsive to defendants’ motion to dismiss [#9], opposition to which was due on 2/9/09. Unless points and authorities in opposition to the motion to dismiss are filed by 2/13/09, the motion will be treated as conceded and granted. It is SO ORDERED.

Apparently, per the last sentence, if Col. Hollister, Mr. Berg or Mr. Joyce do not make an effort to disuade the judge over the Defendant’s motion to dismiss by Friday the 13th (isn’t that poetic?), the judge is going to grant said motion to dismiss.

In my opinion, if someone associated with the Plaintiffs in this case wants to move it forward, they’ve got about 48 hours with which to make a case. If it were me (and I’m not an attorney), I would instead have taken the Defendant’s motion to dismiss and specifically but concisely responded to each of their responses to my original complaint; I think that would have gone a lot further with the judge than simply amending the original complaint.

After all, it seems to me that this judge is being quite fair and even-handed with the petitioners and giving them every opportunity to make their case.

A current listing of eligibility lawsuits can be found here.

-Phil

Full post as published by The Right Side of Life on February 11, 2009 (boomark / email).