Download - Kerchner v Obama & Congress DOC 17-1 & 17-2 - Motion to Extend Time & Declaration of Counsel
RALPH J. MARRA, JR. Document Electronically FiledActing United States AttorneyELIZABETH A. PASCALAssistant U.S. AttorneyCamden Federal Buildingand U.S. Courthouse401 Market StreetP.O. Box 2098Camden, NJ 08101(856) 757-5105Attorneys for Defendants
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
:
Charles F. Kerchner, Jr., : Lowell T. Patterson, :Darrell James LeNormand, and :Donald H. Nelsen, Jr., :
:Plaintiffs, : HONORABLE JEROME B. SIMANDLE
: HONORABLE JOEL SCHNEIDERv. :
:Barack Hussein Obama II, :President Elect of the :United States of America, : CIVIL ACTION NO.: 09-253President of the United States :of America, and Individually, :a/k/a Barry Soetoro; :United States of America; :United States Congress; : NOTICE OF MOTION TO EXTENDUnited States Senate; : TIME TO ANSWER, MOVE, ORUnited States House of : OTHERWISE RESPOND TO Representatives; : PLAINTIFFS’ COMPLAINTRichard B. Cheney, President of :the Senate, Presiding Officer : of Joint Session of Congress, :Vice President of the :United States and Individually; :and Nancy Pelosi, Speaker of :the House and Individually, :
:Defendants. :
__________________________________ :
Case 1:09-cv-00253-JBS-JS Document 17 Filed 04/27/2009 Page 1 of 2
TO: CLERK OF THE COURT
Mario Apuzzo, EsquireLaw Offices of Mario Apuzzo185 Gatzmer AvenueJamesburg, NJ 08831Counsel for Plaintiffs
PLEASE TAKE NOTICE that on June 1, 2009, Defendants shall move
before the Honorable Joel Schneider, United States Magistrate
Judge, sitting at the Mitchell H. Cohen U.S. Courthouse, One John
F. Gerry Plaza, Fourth and Cooper Streets, Camden, New Jersey,
pursuant to Fed. R. Civ. P. 6(b)(2), for an Order extending time to
answer, move, or otherwise reply to the Complaint within twenty
(20) days of the date of the Order.
PLEASE TAKE NOTICE that the undersigned will rely on the
attached Declaration of Counsel in support of the motion.
It is respectfully requested that the Court rule upon the
moving papers submitted, without requiring appearance of counsel,
pursuant to Fed. R. Civ. P. 78.
A proposed form of Order is attached hereto.
RALPH J. MARRA, JR.Acting United States Attorney
s/Elizabeth A. Pascal By: ELIZABETH A. PASCAL
Dated: April 27, 2009 Assistant U.S. Attorney
Case 1:09-cv-00253-JBS-JS Document 17 Filed 04/27/2009 Page 2 of 2
RALPH J. MARRA, JR. Document Electronically FiledActing United States AttorneyELIZABETH A. PASCALAssistant U.S. AttorneyCamden Federal Buildingand U.S. Courthouse401 Market StreetP.O. Box 2098Camden, NJ 08101(856) 757-5105Attorneys for Defendants
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
:
Charles F. Kerchner, Jr., : Lowell T. Patterson, :Darrell James LeNormand, and :Donald H. Nelsen, Jr., :
:Plaintiffs, : HONORABLE JEROME B. SIMANDLE
: HONORABLE JOEL SCHNEIDERv. :
:Barack Hussein Obama II, :President Elect of the :United States of America, : CIVIL ACTION NO.: 09-253President of the United States :of America, and Individually, :a/k/a Barry Soetoro; :United States of America; :United States Congress; : DECLARATION OF COUNSELUnited States Senate; :United States House of :Representatives; :Richard B. Cheney, President of :the Senate, Presiding Officer : of Joint Session of Congress, :Vice President of the :United States and Individually; :and Nancy Pelosi, Speaker of :the House and Individually, :
:Defendants. :
__________________________________ :
Case 1:09-cv-00253-JBS-JS Document 17-2 Filed 04/27/2009 Page 1 of 5
I, Elizabeth A. Pascal, an Attorney at Law of the State of New
Jersey, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
1. I am the Assistant United States Attorney assigned to
represent Defendants in the above-captioned matter. I make this
Declaration in support of Defendants’ Motion for an Extension of
Time to Answer, Move, or Otherwise Respond to Plaintiffs’
Complaint, pursuant to Fed. R. Civ. P. 6(b)(2).
2. Plaintiffs have filed the present action against
Defendants President Barack Obama and the United States of America,
alleging various causes of action under the First, Fifth, Ninth,
Tenth, and Twentieth Amendments to the United States Constitution.
The gravamen of Plaintiffs’ complaint is that President Obama is
not a natural born citizen as required by Article II, Section 1,
Clause 4 (“Natural Born Citizen Clause”) of the United States
Constitution. The Plaintiffs’ constitutional claims against
President Obama emanate from that argument. See Dkt. Entry 3.
3. Plaintiffs have also filed the present action against the
United States Congress; the United States Senate; the United States
House of Representatives; Richard B. Cheney (former President of
the Senate and Vice-President of the United States), officially and
individually; and Nancy Pelosi (Speaker of the House), officially
and individually (collectively “Congressional Defendants”). Id.
Plaintiffs allege that the Congressional Defendants have abridged
a variety of their constitutional rights. The factual basis for
these claims is that the Congressional Defendants failed to vet,
Case 1:09-cv-00253-JBS-JS Document 17-2 Filed 04/27/2009 Page 2 of 5
investigate, and/or convene hearings to determine President Obama’s
citizenship status, and that they failed to act on the Plaintiffs’
requests that they take such action. See id.
4. Plaintiffs filed their original Complaint on January 20,
2009. Dkt. Entry 1. On January 21, 2009, Plaintiffs filed a First
Amended Complaint. Dkt. Entry 2. On February 9, 2009, Plaintiffs
filed a Second Amended Complaint. Dkt. Entry 3.
5. The Second Amended Complaint was served on the United
States Attorney for the District of New Jersey on February 17,
2009, and on the United States Attorney General on February 24,
2009. See Dkt. Entries 7-13. Service was made on the individual
defendants on February 23, 2009, via personal service on an agent
authorized or appointed by law to accept service of process. See
Dkt. Entries 7, 12, 13.
6. On or about March 3, 2009, I was assigned this matter.
I was informed that only the representation decision as to
Defendants President Barack Obama and the United States of America
had been made. On April 13, 2009, I filed an Application for a
Clerk’s Extension as to those Defendants. Dkt. Entry 15. That
Application was granted, and the time to answer on behalf of
Defendants President Obama and the United States of America is May
5, 2009. Dkt. Entry 16.
7. On April 24, 2009, I learned that former President of the
Senate and Vice-President Richard B. Chaney had requested
representation from the Department of Justice, which was granted.
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Accordingly, I seek an extension of time to answer, move, or
otherwise respond to Plaintiffs’ Second Amended Complaint on his
behalf.
8. On April 9, 2009, I learned that Defendants United States
House of Representatives and Speaker of the House Nancy Pelosi
requested representation from the Department of Justice. I was
unaware that I could move for an extension of time to answer, move,
or otherwise respond to the complaint pending the representation
decision for those Defendants. The Department is still processing
that request and determining which Congressional Defendants it will
represent. Accordingly, I seek the additional time to answer,
move, or otherwise respond on behalf of all of the Congressional
Defendants until the representation issues are resolved.
9. The failure to file an answer, move, or to otherwise
respond before the expiration of the time specified is not the
result of any neglect on any of the Defendants’ part.
10. Representation decisions are made by a specialized group
of individuals in the Department of Justice in Washington, D.C. In
order to provide a fair opportunity for the Department to review
this matter and to complete the representation determinations,
Defendants respectfully request an extension of twenty (20) days
from the date of this Order in which to answer, move, or otherwise
respond to the Complaint. I respectfully request that the
extension of time to answer, move, or otherwise respond to the
complaint include Defendants President Obama and the United States
Case 1:09-cv-00253-JBS-JS Document 17-2 Filed 04/27/2009 Page 4 of 5
1 The Second Amended Complaint is extensive, as it iscomprised of 12 counts, with 347 paragraphs and 43 single-spacedendnotes of allegations, and a 30-paragraph prayer for relief.
of America, even though the time for them to answer has not yet
expired (i.e., May 5, 2009).
11. The delay in filing a response in this case would in no
way prejudice the Plaintiffs, but would provide a fair opportunity
for the Department to respond appropriately to the allegations in
the Complaint1 and would also allow adequate time for the
Defendants to answer, move, or otherwise respond.
12. I declare under penalty of perjury that the foregoing is
true and correct.
Respectfully submitted,
RALPH J. MARRA, JR.Acting United States Attorney
s/Elizabeth A. Pascal By: ELIZABETH A. PASCAL
Assistant U.S. AttorneyDate: April 27, 2009
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