Professional Documents
Culture Documents
No. 09-4209
v.
Motion by Appellants for Leave to File Overlength Brief Containing 20,477 Words
ORDER
The foregoing unopposed motion is hereby granted.
By the Court,
____________________________________
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. :
____________________________________:
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
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
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,
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
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’
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
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Case: 09-4209 Document: 00319990134 Page: 4 Date Filed: 01/21/2010