Greenberg v Brunner – Plaintiff's Legal Pleadings

GREENBERG V. BRUNNER, DEAN, FEINSTEIN & REDFERN

1.     MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR AN INJUNCTIVE RELIEF ORDER
1.1.          Plaintiff Carol L. Greenberg, [hereinafter “Plaintiff”] hereby offers this memorandum in support of her motion for injunctive relief, to demand performance of constitutional duties related to the Office of Ohio State, Secretary of State by Jennifer Brunner,  [hereinafter Defendant”].
1.2.          Plaintiff’s complaint challenges the presidential candidate Mr. Barack Obama’s eligibility to run for the Office of President and demands that the Office of Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from another government entity so charged with overseeing the election process such as the Federal Elections Commission.
1.3.          Plaintive argues that when a challenge is received by the Secretary of State for the State of Ohio to the qualification for office of a candidate appearing on the Ohio State Ballot that the entire burden of proof falls on the Candidate for Office to present such information and documentation to the Secretary of State for the State of Ohio as would be normal and customary to establish ones minimum qualifications for office.
1.4.          Plaintiff argues that the Office of Secretary of State has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.
1.5.          Plaintiff argues that is it only sufficient to show reasonable cause for complaint to the Secretary of State for her Office to require documentation of the respective candidate relevant to determination of minimum qualifications; that lacking explicit statute defining the requisite documentation that the Secretary of State has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.
1.6.          Plaintiff seeks focused and expedited review, to protect the veracity and integrity of the electoral process and maintain the people’s confidence in the government.
1.7.          Plaintiff argues that is it only sufficient to show reasonable cause for complaint to the Democratic National Party as to require documentation of the respective candidate relevant to determination of minimum qualifications based on the criteria as enumerated within United States Constitution, Article 2, Section 1.
1.8.          Plaintiff argues that is it only sufficient to show reasonable cause for complaint to the Ohio Democratic Party as to require documentation of the respective candidate relevant to determination of minimum qualifications based on the criteria as enumerated within United States Constitution, Article 2, Section 1.
1.9.          Plaintiff argues that it is only sufficient to show reasonable cause for complaint to US Senator Diane Feinstein as she has assumed the Chairmanship of the Rules and Administration Committee, where she oversees ethics, campaign and election reform.  Senator Feinstein also serves on the Senate Judiciary Committee, where she is the Chairman of the Terrorism, Technology and Homeland Security Subcommittee. And she is a member of the Senate Select Committee on Intelligence. The Chair of these committee’s is required by law to seek out documentation of the respective candidate relevant to determination of minimum qualifications based on the criteria as enumerated within United States Constitution, Article 2, Section 1, to be verified by Senator Feinstein.

Greenberg v. Brunner – Docket

Case: 2008CV1024

2008CV1024 Greenberg, Carol L vs. Brunner, Jennifer RCP

File Date 10/24/2008 Case Status Closed Case Status Date 10/24/2008 Case Disposition (A18) Other Terminations Case Disposition Date 01/14/2009

Party Information

Party Name Party Alias(es) Party Type Attorney(s) Attorney Phone Greenberg, Carol L Plaintiff Brunner, Jennifer Defendant Schuler, Michael J 6144662872 Epstein, Aaron D 6144662872 Democratic Natl Committee Defendant Ohio Democratic Party Defendant Feinstein U S Senator, Diane Defendant

Status: Motion to dismiss granted, costs to plaintiff

• 10-24-2008 Case # 2008CV1024 filed in Wood Cty. Common Pleas Court,  Greenberg v. Brunner, Feinstein, Dean, & Redfern
• 10-24-2008 Judge Robert Pollex granted emergency hearing same day at 4:00 pm in his chambers. Teleconferenced were Brunner’s counsel, Aaron Epstein & Michael Schuler
• 10-24-2008 Judge denied motion of Plaintiff for requested emergency mandatory injunction, but “gave me another chance”; set court date for Oct. 30 at 10am
• 10-30-2008 Appearing in court on Oct. 30 was myself and Brunner’s counsel, Aaron Epstein; arguments were heard10-30-2008 – Judge concluded at the time Plaintiff was not entitled to preliminary injunction or writ of mandamus (1) Plaintiffs’ claim is barred by the doctrines of laches; (2) this Court lacks jurisdiction over the subject matter; (3) Plaintiff lacks standing; (4) the relief Plaintiff seeks would violate federal law and (5) Plaintiff can show no likelihood of success on the merits.
• 01-14- 2009 Motion to Dismiss granted, costs to plaintiff
• 02-02-2009 The United States Justice Foundation, Executive Director Mr. Gary Kreep (main counsel in the Keyes v Bowen), has reimbursed Ms. Carol Greenberg for her filing fee in Greenberg v. Brunner et al. Mr. Kreep has further commited to paying any and all additional costs Ms. Greenberg may incur with this filing.