Ok, to all of those still following along, I did a little research and found the court filings online. (The Internet is a wonderful thing). So that no one else has to spend 2 hrs of their life looking at mostly boring docs, here is a synopsis taken from here:
http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/
It's a little confusing, because what appear to be Court orders are sometimes jammed together with party filings, so its a bit tricky sorting out what the court has actually ordered from the individual filings. Anyway, here is what the docs indicate:
1) Motion to dismiss on standing grounds was denied on Sept 29th. (filing #13). This seems strange since as far as I can tell Berg is simply asserting "I'm a citizen, therefore I will be damaged and therefore I can sue", which is usually a quick ticket to dismissal. This is exactly why the McCain suit was dismissed. However, later docs indicate the court is still considering the motion to dismiss.
2) The court granted in part and denied in part a protective order to stay discovery pending ruling on the motion to dismiss on Oct 12th. (filing #18) The court apparently ordered the birth certificate and other documents and some answers to "admissions" to be turned over by the 15th. Those documents do not appear however, so its unclear if they were not produced or if the website just has not been updated.
3) The last doc is on the 15th with someone named "Judson Witham" seeking to intervene as an additional plaintiff. (filing #19). You can read this filing if you want to get an example of how NOT to file a brief. Here is a just from the opening paragraph: "AS A MEMBER OF THE VOTING PUBLIC WITH STANDING TO KNOW the FACTS". Which is just bat poop crazy talk and has no basis in law. And yes, the all caps is in the filing. It goes down hill from there. Apparently Mr Witham has some association with BYU since that is where the fax was sent from. Go figure.
So in summary, as far as I can tell the case has not been dismissed (much to my surprise), but it might still be. Docs have been ordered to be produced, but none appear yet. So, they may have been delivered or they may not have been and there may be other filings and appeals that I'm not aware of, but there you have it.
One other interesting bit, someone named T. B. Bradley from GA also submitted a brief to intervene as a Plaintiff, and then also submitted a brief to appear as a Jane Doe, for the court's eyes only. But its on the website, including their mailing address. (it's a po box) I just found that humorous for some reason.