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Case: 09-4209 Document: 003110030423 Page: 1 Date Filed: 02/22/2010

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


January 26, 2010
BCO-062

No. 09-4209

CHARLES F. KERCHNER, JR., et al.

v.

BARACK OBAMA, et al.


(U.S. District Court for the District of NJ [1-09-cv-00253])

Present: Chagares, Circuit Judge

Motion by Appellants for Leave to File Overlength Brief Containing 20,477 Words

/s/ Marina Skvirskiy


Marina Skvirskiy 267 299 4929
Briefing Specialist / Court Crier

ORDER
The foregoing unopposed motion is hereby granted.

By the Court,

/s/ Michael A. Chagares


Circuit Judge

Dated: February 22, 2010

MS/cc: All counsel/parties of record


Case: 09-4209 Document: 00319990134 Page: 1 Date Filed: 01/21/2010

IN THE UNITED STATES CIRCUIT COURT OF APPEAL


FOR THE THIRD CIRCUIT

____________________________________
Charles F. Kerchner, Jr, : Document Electronically Filed
Lowell T. Patterson, :
Darrell James LeNormand, and :
Donald H. Nelsen, Jr., :
:
Plaintiffs-Appellants, :
:
v. :
:
Barack Hussein Obama II, President Elect :
of the United States of America, President : Case No. 09-4209
of the United States of America, :
and Individually, a/k/a Barry Soetoro; :
United States of America; :
United States Congress; :
United 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 : MOTION FOR LEAVE TO
United States and Individually; and : FILE AN OVERLENGTH
Nancy Pelosi, Speaker of the House and : BRIEF
Individually, :
:
Defendants-Appellees. :
____________________________________:

TO: Clerk of the Court

Eric Fleisig-Greene, Esq.


U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Avenue, N.W.
Room 7214
Washington, DC 20530-0001

PLEASE TAKE NOTICE that the undersigned counsel for the plaintiffs-appellants hereby

moves the United States Third Circuit Court of Appeals, at 21400 US. Courthouse Independence
Case: 09-4209 Document: 00319990134 Page: 2 Date Filed: 01/21/2010

Mall West, 601 Market Street, Philadelphia, PA 19106-1790, for entry of an Order granting

plaintiffs-appellants leave to file an overlength Appellant’s Opening Brief.

FRAP 32(a)(7) provides that a principal brief may not exceed 14,000 words. On January

19, 2010, I filed plaintiffs-appellants Opening Brief. This brief contains 20,477. I am asking

permission to file this over-length brief. Good cause exists for allowing plaintiffs-appellants to file

their overlength. The 14,000 word limitation is too stringent given the nature of the action that

plaintiffs-appellants have filed. The issues involved in the brief are unprecedented in our legal

history. Plaintiffs-appellants have filed an action against defendants-appellees, President Obama,

the United States, Congress, Senate, House, House Speaker Pelosi, and Former Vice-President

Cheney, alleging, among other things, that Mr. Obama has not conclusively proven that he is an

Article II “natural born Citizen” and that in any event, he cannot so prove because factually and

legally he is not an Article II “natural born Citizen.” They raise issues under the First, Fifth, Ninth,

Tenth, and Twentieth Amendments.

The law on citizenship and naturalization is very complex. The matter becomes even more

complex when we have to go back to the colonies and analyze what citizenship and naturalization

meant then and then follow how that law developed for the next 230 years. In order for the court to

better analyze the question of the nature and extent of plaintiff’s alleged injuries, the brief also has

had to cover a lot of historical material on the meaning of an Article II “natural born Citizen.”

To adequately cover the issue of standing and injury in fact, I have had to include in the brief a part

that addresses what a “natural born Citizen” is from this perspective.

The issues of Article II and prudential standing and political question as it applies to the

Article II “natural born Citizen” clause, the question of Obama’s eligibility to be President, and

Congress’s role in that process are very complex and novel. The issues become especially complex

given that they relate to the First, Fifth, Ninth, Tenth, and Twentieth Amendments. Plaintiffs-

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Case: 09-4209 Document: 00319990134 Page: 3 Date Filed: 01/21/2010

appellants have had to brief causes of action for each of 4 plaintiffs against each of 7 defendants.

The issues are of utmost national importance and deserve to be thoroughly analyzed and briefed.

Comparatively speaking, in the brief we do not have many case quotations of law. I have

tried to reduce its size but to do so would be omitting many arguments that need to be included to

properly present plaintiffs-appellants’ position and address all the grounds relied upon by the

district court to dismiss their complaint/petition. I truly believe in good faith that I need the extra

length brief to be able to properly present a very small part of the huge amount of information that

exists on the issues presented by appellant’s action and to fully and correctly present my clients’

appeal before the Court.

Dated: January 21, 2010 Respectfully submitted,

s/Mario Apuzzo
Mario Apuzzo
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
(732) 521-1900
FAX (732) 521-3906
apuzzo@erols.com

CERTIFICATE OF SERVICE

I, Mario Apuzzo, Esq., attorney representing plaintiffs-appellants in this matter, certify that

on January 21, 2010, I filed the attached motion to file an over-length opening brief electronically

with the Clerk of the United States Third Circuit Court of Appeals and that I served a copy of the

same document upon all other parties to this matter, by forwarding same to their respective

attorney’s e-mail by electronically filing the documents through the Court’s CM/ECF. The

attorneys to which I forwarded these materials are set forth below.

Date: January 21, 2010 s/Mario Apuzzo


____________________
Mario Apuzzo

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Case: 09-4209 Document: 00319990134 Page: 4 Date Filed: 01/21/2010

Eric Fleisig-Greene, Esq.


U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Avenue, N.W.
Room 7214
Washington, DC 20530-0001