Case 1:09-cv-00253-JBS-JS Document 17 Filed 04/27/2009 Page 1 of 2

RALPH J. MARRA, JR. Document Electronically Filed

Acting United States Attorney
ELIZABETH A. PASCAL
Assistant U.S. Attorney
Camden Federal Building
and U.S. Courthouse
401 Market Street
P.O. Box 2098
Camden, NJ 08101
(856) 757-5105
Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT 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 SCHNEIDER
v. :
:
Barack Hussein Obama II, :
President Elect of the :
United States of America, : CIVIL ACTION NO.: 09-253
President of the United States :
of America, and Individually, :
a/k/a Barry Soetoro; :
United States of America; :
United States Congress; : NOTICE OF MOTION TO EXTEND
United States Senate; : TIME TO ANSWER, MOVE, OR
United States House of : OTHERWISE RESPOND TO
Representatives; : PLAINTIFFS’ COMPLAINT
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 Filed 04/27/2009 Page 2 of 2

TO: CLERK OF THE COURT

Mario Apuzzo, Esquire

Law Offices of Mario Apuzzo
185 Gatzmer Avenue
Jamesburg, NJ 08831
Counsel 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 17-2 Filed 04/27/2009 Page 1 of 5

RALPH J. MARRA, JR. Document Electronically Filed

Acting United States Attorney
ELIZABETH A. PASCAL
Assistant U.S. Attorney
Camden Federal Building
and U.S. Courthouse
401 Market Street
P.O. Box 2098
Camden, NJ 08101
(856) 757-5105
Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT 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 SCHNEIDER
v. :
:
Barack Hussein Obama II, :
President Elect of the :
United States of America, : CIVIL ACTION NO.: 09-253
President of the United States :
of America, and Individually, :
a/k/a Barry Soetoro; :
United States of America; :
United States Congress; : DECLARATION OF COUNSEL
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 :
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 2 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 3 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.

 Case 1:09-cv-00253-JBS-JS Document 17-2 Filed 04/27/2009 Page 4 of 5

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 5 of 5

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. Attorney
Date: April 27, 2009

1
The Second Amended Complaint is extensive, as it is
comprised of 12 counts, with 347 paragraphs and 43 single-spaced
endnotes of allegations, and a 30-paragraph prayer for relief.