liberi v taitz (appeal - 3rd circuit) - appellants' opening brief - transport room
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Appellant's Opening Brief on behalf of Defend Our Freedoms Foundation and Orly Taitz 1
No. 10-3000
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT____________________
LISA LIBERI, et al.,
Plaintiffs-Appellees,
vs.
ORLY TAITZ, et al.,
Defendant-Appellants.__________________
District Court No. 09_cv_01898_ECR
Eastern District of Pennsylvania
__________________
APPELLANT'S OPENING BRIEF
DR. ORLY TAITZ, ESQ.CSB #223433
Attorney Pro Se &Attorney for Defend Our Freedoms Foundation
29839 S. Margarita Pkwy. Rancho Santa Margarita CA 92688ph. 949-683-5411
fax 949-766-7603
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TABLE OF CONTENTS
Table of Authorities....p 2
Jurisdiction..p.3.
Summary of the casep 4.
Legal argumentp 9
A.The Court erred in assuming jurisdiction over the case in diversity, whenthe lead plaintiff did not provide any evidence of her state citizenship.p9
B. District Court showed bias in refusing to take into consideration anyevidence provided by the Defendants..p13
C. COURT SHOWED BIAS AND ABUSE OF JUDICIAL DISCRETION INASSUMING JURISDICTION IN DIVERSITY WITHOUT ANY
EVIDENCE OF STATE CITIZENSHIP OF THE LEAD PLAINTIFF
LISA LIBERI AND BY IGNORING ALL EVIDENCE, PRODUCED BYTHE DEFENDANTS, SHOWING THAT LIBERI COMMITTED
FORGERY AND FRAUD ON THE COURTBY LYING ABOUT BEING
A RESIDENT OF PENSYLVANIA. p13
D. JUDGE ROBRENO ERRED IN HIS ORDER #76 TO DISMISSDEFENDANT SUNDQUIST WITHOUT PREJUDICE .p19
E. ACTIONS BY JUDGE ROBRENO WERE AGAINST THE PUBLIC
POLICY..P21
E. JUDGE ROBRENO ERRED, SHOWED BIAS AND ABUSE OF JUDICIALDISCRETION IN NOT DOCKETING LETTERS FROM THE DEFENDANT
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BELCHER AND RULING AND NOT PROVIDING ANY ANSWERS TO
BELCHER . .p23
F. CONCLUSION....p25TABLE OF AUTHORITIES
1.Weight v Kawasaki Motors Corp. (1985, ED Va) 604 F Supp 968.p10
2. McMann v Doe (2006, DC Mass) 460 F Supp 2d...p10
3. Bautista v Pan American World Airlines, Inc. (1987, CA9 Cal) 828 F2d
546, 126 BNA LRRM 2559, 107 CCH LC P 10159p10
4. Roche v Lincoln Prop. Co. (2004, CA4 Va) 373 F3d 610.p10
5.Olsen v Quality Continuum Hospice, Inc. (2004,DC NM) 380 F Supp 2d
1225...p11
6.Filla v Norfolk & Southern Ry. (2003, CA8 Mo) 336 F3d 806...p12
7.Jeter v Jim Walter Homes, Inc. (1976, WD Okla) 414 F Supp 791.259.p12
8. Shahmoon Industries, Inc. v Imperato (1964, CA3 NJ) 338 F2d 449, 9 FR
Serv 2d 12B.22, Case 2p12
9, In re Kelly, 808 F.2d 549 (7thCir. 1986)..p23
10,Maier v. Orr, 758 F.2d 1578, 1584 (Fed. Cir. 1985);Meeks v. Jewel Cos., 845
F.2d 1421 (7thCir. 1988)p25
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Certification
The appeal does not exceed the allowed number of pages or words
JURISDICTION
Jurisdiction is proper, as the case in question 09-1898 Liberi et al v Taitz et al
comes from the United District Court for the District of Pennsylvania. The appeal
deals with the issue of lack of jurisdiction for the federal courts to hear the case,
due to the fact that the case was filed in diversity, however the lead plaintiff never
provided any evidence of her state citizenship. Without such evidence, no federal
court has jurisdiction to hear the case and the case needs to be dismissed, which
would be a final determination in the case.
SUMMARY OF THE APPEAL
Case at hand was filed on May, 4, 2009 by Pennsylvania Attorney Philip J. Berg
(hereinafter Berg) as a plaintiff and an attorney for plaintiffs, who are Appellees
herein. Lead Plaintiff is one Lisa Renee Liberi, (hereinafter Liberi), who has at
least 42 criminal charges and at least 10 criminal convictions, which include
convictions of forgery of documents, forgery of an official seal and grand theft.
Liberi's latest conviction was in the state of CA, in 2008, when she received eight
year prison term, which was subsequently reduced to three years probation due to
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her medical problems. (case FWV028000, defendant 1608112 Lisa Renee Liberi,
aka Lisa Courville Richardson, aka Lisa Courville Rich, aka Lisa Richardson and
case FSB044914 for Lisa Liberi ) (Appendix 1 Lisa Liberi's mug shot and
summary of above criminal convictions ). According to Berg's own affidavit filed
on 10.07.10 in this case, he employs Liberi as his paralegal and she drafted
pleadings, which he filed with courts. Berg is known as an attorney, who filed
legal actions against Bush administration, claiming, that President Bush was
involved in 9/11 attacks. Berg was, also, the first attorney to file a legal action
questioning Barack Obama's eligibility to U.S. presidency. His case Berg v Obama
was filed in the Eastern District of PA, this Court and the Supreme Court of the
United States. Berg admitted that Berg v Obama complaint was drafted by Liberi
and filed with the courts by him. Appellant Orly Taitz is a president of Defend
Our Freedoms foundation (DOFF). She is licensed as a Doctor of Dental Surgery
and as an attorney in the state of CA. Taitz is very outspoken in regards to the
need for transparency in the government and adherence to the Constitution. Taitz
contacted Berg and let him know that she is concerned about the fact, that he filed
with different courts documents and briefs prepared by a convicted document
forger Liberi. Taitz asked Berg, if he would allow her and a forensic document
expert review the originals of the affidavits from Africa, attesting to Obama's birth
there. Taitz let Berg know, that while she believes that this constitutional issue
needs to be resolved in courts and original vital records need to be reviewed, use
of a document forger does not help the case. Taitz, also, advised Berg, that Liberi
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is currently on probation until March of 2011. She is under supervision of San
Bernardino, CA probation department and according to the terms of her probation
she is not allowed to handle credit cards of others. Berg runs large nation wide
donations drives, where thousands of people donated, since he has cases against
both Bush and Obama administrations. Taitz advised Berg, that he is endangering
the public by continuously working with a convicted thief Liberi. Berg never
responded and never agreed to allow Taitz and her expert to review the original
documents from Africa in question. Taitz posted on the website for her foundation
a report prepared by licensed investigator Neil Sankey, which showed lengthy
criminal record of Lisa Liberi. It was done with a proper purpose of warning the
public. Berg filed this legal action on 05. 04.09 in the Eeastern District of PA
District Court. He listed jurisdiction under diversity and nature of the suit Assault,
Libel, Slander. In this suit he claimed that he and his paralegal were slandered,
because, she is not Lisa Renee Liberi, who was convicted in CA and allowed to
reside only in CA and NM, according to her probation, but rather a different Lisa
Renee Liberi, who happens to have the same first, middle and last name and the
same birth date, but allegedly is a different woman, an innocent woman, who is
residing in PA and physically working in Berg's office. Berg never provided
Liberi's home address, but rather gave his business address as her address. Taitz
has provided the court with a positive ID of Liberi's mug shot, as one, who was
convicted in CA and also one who appeared in front of the Presiding Judge
Eduardo Robreno in this case, claiming to be a different woman. Aside from
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Third Circuit Court of Appeals to dismiss the appeal due to lack of jurisdiction.
Third Circuit Court of Appeals denied Berg's motion.
On 07.29.2010 defendants responded in the District Court by pointing out, that the
plaintiffs did not provide a shred of evidence of Liberi's state residency.
On 07.30.10. Plaintiffs filed a reply, where they claimed, that Judge Robreno's
06.04.10. order and memorandum, stating "Liberi is a resident of PA" is based
on vital records, including driver's license, allegedly submitted to Judge Robreno
during 08.07.09 hearing, but such records need to be sealed. Plaintiffs made up an
outrageous accusation, where without a shred of evidence, they claimed that
Attorney and Doctor Orly Taitz tried to hire a hit man to kill Lisa Liberi, and that
is the reason, why Liberi's "allegedly existent" Pennsylvania driver's license needs
to be sealed, and the court needs to decide that she is a resident of PA without
providing the defendants with any proof or any evidence of her residence.
On 08.31.10 the transcript of the 08.07.09 hearing was released to the Third
Circuit Court of Appeals and published on court public terminal. The transcript
showed, that during the hearing the Plaintiff's attorney Berg promised to provide
the court Liberi's driver's license, however he committed Fraud on the Court and
never provided such Driver's license. The driver's license is not an exhibit with
the transcript of the hearing and is not listed with any exhibits anywhere on the
docket. On 10.28.10 with her motion pleadings Taitz provided the court with the
Affidavits of Caren Hale and Ed Hale (Appendix Vol 2, #3), who were present at
the 08.07.09 hearing and declared under penalty of perjury, that Attorney Berg did
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not tend to Judge Robreno any documents, and that Berg left the courtroom at the
same time as they did. They also identified Lisa Liberi, as the same person, who is
depicted on the mug shot as a California convicted felon and as the same woman,
who appeared during the 08.07.09 hearing, claiming to be a different person, who
was not convicted of any crimes and who resides in PA. The most egregious error
made by the District court, is a decision to assume jurisdiction in diversity without
any evidence of state residence of the lead plaintiff. Due to this error, the
decision of the District court needs to be reversed and the case needs to be
dismissed upon Motion to Dismiss due to lack of Jurisdiction, filed by the
Defendants on 05.28.09 (Docket Document 35 on the Clerk's record), Motion to
dismiss due to lack of jurisdiction filed on 06.09.2009 (Document 53), Second
Amended Motion to Dismiss for 12(b) lack of Subject Matter Jurisdiction and
Judgment on the Pleadings filed on 06.11. 2009 (Document 59).
LEGAL ARGUMENT
A.The Court erred in assuming jurisdiction over the case in diversity,
when the lead plaintiff did not provide any evidence of her state
citizenship.
Case at hand was filed based on diversity. For diversity parties are required to
provide evidence of their state citizenship. State citizenship is determined based
on the preponderance of evidence. In case at hand Plaintiff Lisa Liberi never
provided any evidence of her state citizenship.
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In cases in which jurisdiction is based on diversity of citizenship, plaintiff
has burden to show, first, that applicable statute confers jurisdiction, and,
second, that assertion of jurisdiction is consonant with constitutional
limitations of due
process. Weight v Kawasaki Motors Corp. (1985, ED Va) 604 F Supp 968.
Party's mere allegation of diversity cannot satisfy its burden of
establishing district court's jurisdiction; citizenship of each real party in
interest must be established by preponderance of evidence. Roche v
Lincoln Prop. Co. (2004, CA4 Va) 373 F3d 610.
Complaint alleging that defendant's corporate citizenship was in a state other
than California but failing to allege that plaintiffs were all citizens of
California was not sufficient to give District Court jurisdiction since
pleadings did not otherwise resolve
issue of citizenship. Bautista v Pan American World Airlines, Inc. (1987,
CA9 Cal) 828 F2d 546, 126 BNA LRRM 2559, 107 CCH LC P 10159.
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Court lacked jurisdiction over patient's claims because he failed to establish
diversity jurisdiction because at time he filed complaint both he and hospice
were citizens of State; also patient only sought $ 10,000 in cost and
unspecified amount for other damages, which did not meet amount in
controversy.Olsen v Quality Continuum Hospice, Inc. (2004,DC NM) 380 F
Supp 2d 1225.
Complaint against John Doe defendant alleging Internet defamation was
dismissed for lack of subject matter jurisdiction because there was risk that
if John Doe's identity were discovered there could have been no diversity,
and court's jurisdictional authority would have disappeared; court declined
to read amended language of28 USCS 1441
into 28 USCS 1332 because it would have accomplished much broader
result of allowing case with only one party and only state law claims to
proceed initially in federal court Olsen v Quality Continuum Hospice, Inc.
(2004,DC NM) 380 F Supp 2d 1225.
In motorist's personal injury lawsuit against, inter alia, owners of property
adjacent to private railroad-track crossing where car-train accident occurred,
pursuant to 28 USCS 1447(d), appellate court lacked jurisdiction to review
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remand that implicitly was based on lack of subject matter jurisdiction;
district court clearly was addressing jurisdictional issues--diversity of
citizenship, 28 USCS 1332, and fraudulent joinder--and when doing
so, it properly declined to decide doubtful question of state law and, instead,
resolved ambiguity (lack of state law directly on point) in motorist's favor.
Filla v Norfolk & Southern Ry. (2003, CA8 Mo) 336 F3d 806.
Where record creates doubt as to jurisdiction, trial court must determine
whether there are adequate grounds to sustain its jurisdiction over subject
matter. Shahmoon Industries, Inc. v Imperato (1964, CA3 NJ) 338 F2d 449,
9 FR Serv 2d 12B.22, Case 2.
Court has duty to look to its own jurisdiction and lack of subject matter
jurisdiction may be asserted by court, sua sponte, at any time. Jeter v Jim
Walter Homes, Inc. (1976, WD Okla) 414 F Supp 791.259. decided by a
preponderance of evidence.
Plaintiffs did not present any evidence, not a shred of evidence, showing
Liberi to be a resident of PA. Defendants have shown that according to her
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probation she can reside only in CA or NM, she is subject to the jurisdiction
of CA, therefore the case at hand has to be dismissed as citizenship of Liberi
was not provided to resolve the issue of diversity to allow it to proceed in
Federal court. If Federal court does not have jurisdiction to hear the case, it
is supposed to be dismissed. The court has no jurisdiction to transfer to
another Federal Court a case, where it did not have jurisdiction in the
first place, as other Federal Courts equally will not have jurisdiction.
B.District Court showed bias in refusing to take into consideration
any evidence provided by the Defendants.
Plaintiffs never provided the court a shred of evidence of Liberis state
citizenship. Plaintiffs filed this complaint, claiming Liberi to be a resident of
Pennsylvania. While Berg stated at the 08.07.09 hearing, that he will provide
the court with Liberis drivers license and other documents, he never provided
any documents. The docket and transcripts do not show any vital records for
Lisa Liberi ever provided.
On the other hand the court refused to consider any and all evidence provided
by the Defendants: The court completely ignored the summary of Liberis
criminal convictions, showing that she is not allowed to reside in any other
state except CA and NM until the end of her probation in March of 2011.
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C. COURT SHOWED BIAS AND ABUSE OF JUDICIAL DISCRETION IN
ASSUMING JURISDICTION IN DIVERSITY WITHOUT ANY
EVIDENCE OF STATE CITIZENSHIP OF THE LEAD PLAINTIFF LISA
LIBERI AND BY IGNORING ALL EVIDENCE, PRODUCED BY THE
DEFENDANTS, SHOWING THAT LIBERI COMMITTED FORGERY
AND FRAUD ON THE COURTBY LYING ABOUT BEING A RESIDENT
OF PENSYLVANIA
Liberi is the lead plaintiff in this case. Her citizenship is at issue for the purpose of
the court assuming jurisdiction in diversity. It is also the linchpin of the case, as
she and her attorney are claiming, that she was defamed and slandered, because,
she is not Lisa Rene Liberi, born in 1965 and convicted in CA, but a different Lisa
Rene Liberi, born in 1965, who was never convicted of forgery and theft and who
is an innocent woman, resident of PA.
Liberi and Berg are refusing to provide her driver's license to prove her PA
citizenship. Without any shred of proof they made up a story, claiming that
attorney Orly Taitz tried to hire a hit man to kill Liberi, and this is the reason, why
the District Court should assume jurisdiction in diversity without any shred of
evidence.
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The District Court showed bias and abuse of judicial discretion in giving
preference to this argument over a mountain of evidence, provided by the
Defendants.
a. Defendant's provided Liberi's mug shot and summary of her criminal record,
showing that Liberi is not allowed to reside in any other state aside from Ca and
NM according to the terms of her probation. Judge Robreno saw Liberi right in
from of him during the 08.07.09 hearing. He could plainly see that the woman
right in front of him, is the same woman, depicted on the mug shot.
b. Judge Robreno disregarded the e-mail from Assistant District Attorney James
Secord, who prosecuted and convicted Liberi of 10 counts of forgery and theft. In
his e-mail Mr. Secord identified Liberi on her mug shot, as one convicted in CA.
The same mug shot was identified by Ed and Caren Hale, who attended 08.07.09
hearing of Liberi and identified Liberi on the mug shot as the same woman, who
appeared in front of Judge Robreno and claimed to be a different woman.
c. Judge Robreno disregarded sworn affidavit of a distinguished career police
officer and licensed investigator Neil Sankey, where Sankey produced Liberi's
picture given to him by Liberi's ex-boyfriend and father of her son John Allen.
The same picture was identified by Ed and Caren Hale as the picture of Lisa
Liberi, who appeared in front of Judge Robreno and claimed to be a different
woman.
d. Judge Robreno disregarded evidence, showing that the signature of Lisa Liberi,
that she affixed to the pleadings and affidavits in this case, is the same signature as
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affixed in her petition filed in her criminal case in CA FWV028000, defendant
1608112 Lisa Renee Liberi, aka Lisa Courville Richardson, aka Lisa Courville
Rich, aka Lisa Richardson and case FSB044914 for Lisa Liberi and in her
bankruptcy case in CA 6-02-bk-22845-PC . Not only the issue of the identical
signatures was completely disregarded, but the evidence was deleted from the
electronic docket and is currently unavailable to public.
e. Judge Robreno disregarded the evidence presented by the defendants, showing
that Liberi has a history and pattern of making false accusations of crimes and
harassing and torturing innocent individuals with frivolous law suits. Taitz
provided the court with information, showing that in 2005, while Lisa Liberi was
incarcerated in West Valley Detention Center, CA, she filed a $280,000,000
Racketeering and Corrupt organizations law suit (Appendix Docket of Lisa Liberi
v West Valley Center et al 2:05-cv-03015-VAP-SGL) against multiple individuals
and accused of multiple crimes San Bernardino, CA county, San Bernardino
District Attorney's office, West Valley Detention Center, San Bernardino sheriff's
department, deputies from the West Valley detention center, nurses from the West
Valley Detention Center, deputy District attorney, police detectives, Judge Joan
Borba, bail bonds company, USA Federal Credit Union and many other entities
and individuals. After she harassed and terrorized all of the above individuals she
abandoned the case. Judge Robreno could see, that there is a pattern of behavior of
Liberi falsely accusing multiple individuals of committing crimes and harassing
those individuals with multimillion dollar frivolous law suits. It should have given
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Judge Robreno an indication, that Liberi's and Berg's accusations of multiple
crimes committed by defendants and accusations of threats are frivolous.
f. Judge Robreno showed bias and abuse of judicial discretion in disregarding
excerpts of transcript from the court hearing in The People of the State of
California v Lisa Liberi Richardson Superior Case FSB-044914. While in this
current case of Liberi et al v Taitz et al, Lisa Liberi brought her mother Shirley
Waddell to testify that her daughter is an innocent woman, slandered by the
defendants and in danger for her life, transcript of FSB-044914 shows that
Liberi's mother not only knew, that her daughter was not an innocent woman in
PA but a convicted criminal from CA, but she was the one who paid the premium
for the bail bond to bail her daughter from jail.
g. Judge Robreno exhibited bias and abuse of judicial discretion by refusing to pay
attention to the motifs of behavior of the parties. While neither one of the
defendants had any motif to state anything that was not true or in any was threaten
or harm Liberi, Liberi and Berg had a motif to commit fraud and perjury. Judge
Robreno refused to consider letters from Geoff Staples, computer consultant for
Berg's web site "Obama Crimes.com' Not only Mr. Staples sworn statement was
not considered by the court, it was not even docketed. Without any explanation or
justification Geoff Staples sworn statement was removed from the electronic
docket of the pleadings filed by the defendants on 10.28.10. (document 149,
clerk's record). (Appendix-Amended reply to 10.07.10 motion by the Plaintiffs;
defendants request for the court to use it's inherent power to sanction the plaintiffs,
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attorney Berg and witness Shirley Waddell for repeated acts of fraud on the court
and perjury. Request to expedite production of Lisa Liberi's Pensylvania driver's
license, allegedly provided to court during the emergency hearing on 08.07.09.)
h. Judge Robreno showed bias and abuse of Judicial discretion by ignoring the
fact that Liberi is a convicted criminal with at least 42 criminal charges and at
least 10 criminal convictions, while individuals, that she accused of committing
crimes are indeed innocent individuals who were never convicted or charged with
any crimes. Judge Robreno repeatedly refused to take into consideration multiple
affidavits provided by multiple individuals, attesting to the fact, that they never
committed any crimes, that they were maliciously accused of crimes by Liberi and
Berg. Liberi and Berg claimed that Liberi is in danger and her driver's license
needs to be kept sealed and they accused Licensed investigator Sankey of stalking
Liberi and hacking into her computer, desert storm veteran Pamela Barnett of
forgery of letter from Linda Belcher, volunteer Linda Belcher of forgery of seal,
ED and Caren Hale of stealing an forging a document, Computer Consultant Geoff
Staples of forging Liberi's e-mails, Taitz of trying to hire a hit man to kill Liberi.
This modus operandi is similar to what Liberi exhibited previously, when she was
incarcerated in CA. Judge Robreno allowed this convicted criminal and her
unscrupulous attorney to terrorize innocent victims for a year and a half. All of the
defendants suffered an enormous emotional distress, financial hardships, Ed Hale
suffered a heart attack due to stress inflicted by this law suit. Judge Robreno had a
duty to demand verification of Liberi's citizenship. It was supposed to be done at
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the onset of the case. It was a material matter in the case and essential in
ascertaining jurisdiction. Inexplicably Judge Robreno refused to demand prove of
Pennsylvania citizenship and allowed this case to become a dumping ground for
thousands of pages of slander coming from a career criminal Lisa Liberi. This was
a manifestation of bias and abuse of judicial discretion by judge Robreno.
D.JUDGE ROBRENO ERRED IN HIS ORDER #76 TO DISMISS
DEFENDANT SUNDQUIST WITHOUT PREJUDICE
On 06.09.10 Taitz filed a motion to dismiss due to lack of jurisdiction and on
06.11.10 she filed a second amended motion to dismiss due to lack of jurisdiction.
(Document 59-Clerk's record) In her motion Taitz argued that a motion to dismiss
needs to be granted for several reasons:
1. one of the defendants James Sundquist was a resident of New Jersey. Plaintiffs
Lisa Ostella and GoExcell global were also residents of New Jersey, which
destroyed diversity.
2. Lead Plaintiff Lisa Liberi claimed to be a resident of PA, but never showed a
shred of evidence of PA residence. Taitz provided a summary of her conviction
and probation record, showing, that she is on probation and allowed to reside only
in CA or NM. she was not allowed to reside in PA.
In response Plaintiffs filed a motion to dismiss defendant Sundquist without
prejudice.
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Sundquist filed an opposition, he refused to be dismissed without
prejudice.(Document 54 Clerk's record), he demanded dismissal with prejudice
and attorneys fees.
During the 06.25.09 hearing Judge Robreno continuously pressured defendant
Sundquist to agree with the plaintiff's request to dismiss him without prejudice.
Sundquist repeatedly refused.
On 06.26.10 Judge Robreno granted Plaintiff's motion to dismiss Sundquist
without prejudice. Judge Robreno acted with clear bias and abuse of Judicial
discretion. He did not assist Sundquist in any way, since Berg can continue
harassing Sundquist at any time in the state of New Jersey. On the other hand
Judge Robreno artificially created jurisdiction for the Plaintiffs, where it didn't
exist. He refused to grand a dismissal due to lack of jurisdiction and he refused
to address the fact that the lead plaintiff never provided any evidence of her state
citizenship. By artificially creating jurisdiction, Judge Robreno gave the Plaintiffs,
one of whom is a career criminal and a vexatious plaintiff, green light to harass
and terrorize the defendants with thousands of pages of pleadings, most of which
were nothing but inflammatory and slanderous material about the defendants.
While at a later hearing on 08.07.09. Attorney Berg stated, that he will provide
Liberi's Pennsylvania driver's license, he never did that. Within a year and a half
Judge Robreno never demanded from Berg to actually provide the license and
never responded to all of the requests by the defendants. These actions by the
presiding judge showed bias and abuse of Judicial discretion.
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D.ACTIONS BY JUDGE ROBRENO WERE AGAINST THE PUBLIC
POLICY
There are two main issues, where the actions by the court we against the public
policy.
1. The court went against the established policy of establishing state citizenshipby the preponderance of evidence. In this case judge Robreno created a new
standard of ascertaining state citizenship without any evidence. This gives
green light for anyone and particularly a convicted felon on probation, like
Liberi to simply show up in any court, commit perjury and fraud, file an
action solely for the purpose of harassment and use the federal court as a tool
for harassment, intimidation and for infliction of several emotional distress
against anyone, particularly any whistleblower, who reports his violations of
probation.
2. Judge Robreno refused to consider the fact, that according to the fact thatLiberi committed multiple economic crimes, she was not allowed access to
any credit cards of others, it would be a violation of her probation. For a
period of a year and a half Taitz reported that Berg runs a website
ObamaCrimes.com Webmaster Geoff Staples repeatedly reported that Liberi
handled the credit cards of others on that web site. Public was and is in
danger of more economic crimes on part of Liberi. Refusal by the court to
consider matters of the well being of the public was an error. Additionally,
the issue of Liberis handling of the credit cards of others represented a
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violation of her probation and a motif to commit perjury and fraud on the
court and claim, that she is a different person, It was also a motif for Berg to
claim that Liberi is a different person, as he knew that the truth will expose
him to charges of aiding and abetting a felon to violate terms of her
probation, as well as charges of perjury, fraud on the court, institution of
legal proceedings with the goal of harassment. Bergs actions could expose
him to severe sanctions and possible disbarment, so his and Liberis
inventions of crimes and accusations of crimes were as a result of their
desire to cover up unethical behavior and possibly criminal behavior.
E. JUDGE ROBRENO ERRED, SHOWED BIAS AND ABUSE OF
JUDICIAL DISCRETION IN NOT DOCKETING LETTERS FROM
THE DEFENDANT BELCHER AND RULING AND NOT
PROVIDING ANY ANSWERS TO BELCHER .
When Berg filed this case, he has written incorrect address for defendant Linda
Belcher. Docket entry of 12.22.09 states that a letter sent to defendant Linda
Belcher returned , unable to forward. Berg was claiming, that he served Belcher,
however in May of 2010 Belcher forwarded to the court a letter, stating that she
was not served with any pleadings from July of 2009 until May of 2010. Belcher
became a pro se defendant, when her attorney resigned, as she could not afford
the fees. From May of 2010 until now Belcher has written to judge Robreno
repeatedly, advising him that her Constitutional rights for due process under 5, 9,
14 amendment were violated as she was not served with any pleadings, the court
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had a wrong address and she demanded the court to set aside all orders issued
from July 2009, as she was unable to respond. Judge Robreno simply ignored
any and all letters sent by Belcher, who is a resident of Texas, an indigent and
had limited means of fighting this legal action. Not only this affected Belcher, it
affected other defendants as well, as Belcher used to be an insider and volunteer
researcher for Philip B erg, she had access to all the information and knew, that
Lisa Liberi did not reside in PA, she knew that Liberi manned the web site with
pay[pal and merchant accounts, as well as the fact, that Berg instituted a pay-pal
account for his girlfriend and connected it to the web site, which was dedicated
to the donations for Bergs constitutional legal efforts. Additionally, in her letters
Belcher disclosed, that Liberi was receiving Social Security as a disabled person.
In her letter she stated, that a merchant account was created under the name of
Liberis husband Brent and it was connected to ObamaCrimse.com account. This
was an indication of possible social security fraud, IRS fraud and terms of
probations fraud and a motif for this law suit. Only, when Belcher became
exasperated by Judge Robrenos refusal to respond, she forwarded her affidavits
to Taitz and Taitz included those in her pleadings, that she submitted to court on
06.14.10, 06.28.10, 07.02.10, 07.29.10, 08.02.10, 09.08.2010, 09.28.10, 10.21.10
and 1028.10.(Appendix volume 2, #3). Judge Robreno simply disregarding any
and all Constitutional rights violations against defendant Linda Belcher and
refused to provide any response. These actions were in error and represented
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abuse of judicial discretion. Belcher was an integral part of the case and
violation of her constitutional rights of due process affected all the defendants.
DEFENDANTS ARE REQUESTING THIS COURT TO USE ITS
INHERENT POWERS TO SANCTION PLAINTIFFS, WITNESS
SHIRLEY WADDELL AND ATTORNEY BERG
As the Appendix Vol 2, #1, 3, 4 clearly show Attorney Philip J. Berg used the
district court and filed pleadings based on fraud on the court and perjury and
harassment of defendants. His motif was the fact, that since 2006-2007 he was
working with a convicted forger and thief on probation Lisa Liberi. He clearly
knew, that she did not physically reside in PA, did not work in his office, but
rather corresponded with him via e-mails and phone. With extreme malice and
with egregious violation of code of professional ethics he filed a legal action
against the whistleblowers, who exposed Liberi and him. For a year and a half he
harassed the whistleblowers with a frivolous law suit for nearly a billion dollars.
He filed thousands of pages of inflammatory and defamatory material. When
asked to provide proof of Liberis PA residence he committed more egregious
fraud on the court and perjury and together with Liberi made up an accusation of
capital crimes, claiming that her drivers license cannot be revealed due to
threats and he further defamed and slandered the defendants by accusing them of
stalking, trying to hire hit men to kill her, forging documents and so on.
Plaintiffs were not content with lying by themselves, they enlisted Liberis
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mother to lie and submit perjured affidavits, claiming that Liberi was an innocent
woman, even though Liberis mother was the one who previously posted bail in
order to bail her daughter from prison. Defendants are asking this court to
sanction the plaintiffs for these egregious acts of fraud, perjury, uttering,
institution of legal proceedings with the sole purpose to harass. Defendants are
asking to forward the copy of these proceedings to the PA Disciplinary board of
the PA Supreme Court for purpose of severe sanctions and / disbarment of
Philip J. Berg for the above acts. Defendants are also asking this court to
forward the above to pleadings to the San Bernardino, CA probation department
for the purpose of revocation of Lisa Liberis probation.
While FRCP Rule 11 is not directly applicable to the appellate court since it
has not been incorporated by reference or otherwise in appellate rules of court, its
requirements help to define conduct becoming to member of bar, and sanctions
may be imposed for conduct inconsistent with its standards. In re Kelly, 808 F.2d
549 (7th Cir. 1986). Berg by putting his signature on the frivolous and deceptive
motion to dismiss with its false factual allegations against Dr. Taitz has opened
himself up to sanctions should this Court wish to impose them sua sponte.
Further FRAP Rule 38 is also available to this Court and Appellees have
gone to the trouble to respond to this motion. Appellants counsel is responsible
for the content of frivolous motions which waste judicial resources and are without
merit and therefore are potentially sanctionable under FRAP Rule 38. SeeMaier v.
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Orr, 758 F.2d 1578, 1584 (Fed. Cir. 1985);Meeks v. Jewel Cos., 845 F.2d 1421
(7th Cir. 1988).
CONCLUSION
Appellants request the Third Circuit Court of Appeals to find that District
Court assumed jurisdiction in error and had a duty to Dismiss the case 09-1898
due to lack of evidence of state citizenship Plaintiff Liberi and therefore the court
was without jurisdiction to rule over the case in diversity. Any orders as to this
case are in error and need to be reversed and the case dismissed.
Appellants are asking for sanctions against the Appellee and their attorney Philip
J. Berg and witness Shirley Waddell for repeated acts of fraud on the court and
filing this case for the dole reason of harassment of the defendants/appellants.
DATED: November 2, 2010
______/s/Orly Taitz_____________________Orly Taitz, Appellant inPro Se and as Counsel forAppellant Defend OurFreedoms Foundation
(Pro Se parties Neil Sankey and Linda Belcher adopt the Appeal by theAppellants)
ATTORNEYS CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the Appellant opening brief wasserved on all the parties on 11.02.10 by electronic mail.
All parties and entities were served by MAIL AND/or ELECTRONIC MAIL on
November 2,, 2010
Neil SankeyThe Sankey Firm, Inc. a/k/a The Sankey FirmSankey Investigations, Inc.2470 Stearns Street #162Simi Valley, CA 93063Phone: (805) 520_3151and (818) 366_0919Cell Phone: (818) 212_7615FAX: (805) 520_5804 and (818) 366_1491Email: [email protected]
Linda Sue Belcher201 ParisCastroville, Texas 78009Home Phone: (830) 538_6395Cell Phone: (830) 931_1781Email: [email protected] andEmail: [email protected]
Ed Hale
Caren HalePlains RadioKPRNBar H Farms1401 Bowie StreetWellington, Texas 79095Phone: (806) 447_0010 and (806) 447_0270Email: [email protected] andEmail: [email protected] and [email protected]
Philip Berg, Esq.Lisa Liberi c/o Law Office of Philip Berg555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444_2531(610) 825_3134FAX (610) 834_7659
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Public Integrity Section
Department of Justice
950 Pennsylvania Ave, NW
Washington DC 20530-0001
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Special Rapporteur on the Situation of Human Rights Defenders
The Honorable Mrs. Margaret Sekaggya
Palais des Nations
CH-1211 Geneva 10, Switzerland
International Criminal bar Hague
United Nations Commission for
Civil Rights Defenders
Orsolya Toth (Ms)
Human Rights Officer
Civil and Political Rights Section
Special Procedures Division
Office of the High Commissioner for Human Rights
tel: + 41 22 917 91 51
email:[email protected]
__/s/Orly Taitz_________________________Dr. Orly Taitz, Esq11.02.10
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AppendixVolume I #1 notice of Appeal
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1
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. Docket of Case 09-1898 Liberi et al v Taitz et al
QueryReports
UtilitiesLogout
CLOSED, APPEAL, STANDARD
United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:09-cv-01898-ER
LIBERI et al v. TAITZ et alAssigned to: HONORABLE EDUARDO C.ROBRENO
Case in other court: USCA Third Circuit, 09-03403
USCA Third Circuit, 10-03000
Cause: 28:1332 Diversity-Libel,Assault,Slander
Date Filed: 05/04/2009Date Terminated: 06/04/2010Jury Demand: BothNature of Suit: 320 Assault Libel& SlanderJurisdiction: Diversity
Plaintiff
LISA LIBERI represented by PHILIP J. BERGLAW OFFICES OFPHILIP J. BERG
555 ANDORRA GLENCOURTSUITE 12LAFAYETTE HILL, PA19444610-825-3134Fax: 610-834-7659Email:[email protected] ATTORNEYATTORNEY TO BE
NOTICED
Plaintiff
ESQ. PHILIP J. BERG represented by PHILIP J. BERG(See above for address)LEAD ATTORNEYATTORNEY TO BE
Case: 10-3000 Document: 003110335655 Page: 32 Date Filed: 11/02/2010
https://ecf.paed.uscourts.gov/cgi-bin/iquery.plhttps://ecf.paed.uscourts.gov/cgi-bin/iquery.plhttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Reportshttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Reportshttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Utilitieshttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Utilitieshttps://ecf.paed.uscourts.gov/cgi-bin/login.pl?logouthttps://ecf.paed.uscourts.gov/cgi-bin/login.pl?logouthttps://ecf.paed.uscourts.gov/cgi-bin/login.pl?logouthttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Utilitieshttps://ecf.paed.uscourts.gov/cgi-bin/DisplayMenu.pl?Reportshttps://ecf.paed.uscourts.gov/cgi-bin/iquery.pl -
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NOTICED
Plaintiff
THE LAW OFFICES OF PHILIP J.
BERGrepresented by PHILIP J. BERG
(See above for address)
LEAD ATTORNEYATTORNEY TO BE
NOTICED
Plaintiff
EVELYN ADAMSa/k/a MOMMA E
represented by PHILIP J. BERG(See above for address)LEAD ATTORNEYATTORNEY TO BE
NOTICED
PlaintiffLISA M. OSTELLA represented by PHILIP J. BERG
(See above for address)LEAD ATTORNEYATTORNEY TO BE
NOTICED
Plaintiff
GO EXCEL GLOBAL represented by PHILIP J. BERG(See above for address)LEAD ATTORNEY
ATTORNEY TO BENOTICED
V.
Defendant
ORLY TAITZa/k/a DR. ORLY TAITZ, a/k/a LAW
OFFICES OF ORLY TAITZ;
a/k/aWWW.ORLYTAITZESQ.COM, a/k/a
WWW.REPUBX.COM, a/k/a ORLY TAITZ,INC.
represented by ORLY TAITZ29839 SANTAMARGARITA PKWYSUITE 300
RANCHO SANTAMARGARITA, CA 92688PRO SE
Defendant
DEFEND OUR FREEDOMS
FOUNDATIONS, INC.represented by DEFEND OUR
FREEDOMSFOUNDATIONS, INC.
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PRESIDENTC/O ORLY TAITZ26302 LA PAZSUITE 211MISSION VIEJO, CA
92691PRO SE
PHILIP J. BERG(See above for address)LEAD ATTORNEYATTORNEY TO BE
NOTICED
Defendant
YOSEF TAITZ
TERMINATED: 05/26/2009
represented by BRAD MILLER
COOPER MORRISON &ASSOCIATES, LLC325 CHESTNUT ST.SUITE 403PHILADELPHIA, PA19106215-829-9500Email:[email protected] ATTORNEYATTORNEY TO BE
NOTICED
Defendant
THE SANKEY FIRM
Defendant
SANKEY INVESTIGATIONS, INC. represented by SANKEYINVESTIGATIONS,INC.c/o NEIL SANKEY4230 ALAMO STREET
SIMI VALLEY, CA 93063PRO SE
L. THEODORE HOPPE ,
JR.HOPPE & MARTIN LLP423 MCFARLAN RD STE100
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KENNETT SQUARE, PA19348610-444-2001Email:[email protected]
ATTORNEY TO BENOTICED
Defendant
NEIL SANKEY represented by NEIL SANKEY4230 ALAMO STREETSIMI VALLEY, CA 98063PRO SE
L. THEODORE HOPPE ,
JR.
(See above for address)ATTORNEY TO BE
NOTICED
Defendant
JAMES SUNDQUISTTERMINATED: 06/26/2009
represented by JAMES SUNDQUIST551 VALLEY ROAD,PMB #123MONTCLAIR, NJ 07043PRO SE
DefendantROCK SALT PUBLISHING
Defendant
LINDA SUE BELCHERa/k/a LINDA S. BELCHER a/k/a LINDA
STARR; a/k/a NEWWOMENSPARTY a/k/a
STITCHENWITCH a/k/a EVA BRAUN a/k/a
WEB SERGEANT a/k/a KATY a/k/a
WWW.OBAMACITIZENSHIPDEBATE.ORG
represented by LINDA SUE BELCHER210 PARIS STREETCASTROVILLE, TX78009PRO SE
L. THEODORE HOPPE ,
JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
EDGAR HALE represented by EDGAR HALE
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a/k/a JD SMITH 1401 BOWIEWELLINGTON, TX 79095PRO SE
L. THEODORE HOPPE ,
JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
CAREN HALE represented by CAREN HALE1401 BOWIEWELLINGTON, TX 79095PRO SE
L. THEODORE HOPPE ,JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
PLAINS RADIO NETWORKa/k/a PLAINS RADIO NETWORK, INC.
a/k/a PLAINS RADIO
represented by L. THEODORE HOPPE ,JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
BAR H FARMS represented by L. THEODORE HOPPE ,JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
KPRN AM 1610 represented by L. THEODORE HOPPE ,
JR.(See above for address)ATTORNEY TO BE
NOTICED
Defendant
DOES 1 THROUGH 200 INCLUSIVE
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V.
Movant
J. JOHNSON represented by J. JOHNSON
2600 BRINKLEY ROADPH 1005FORT WASHINGTON,MD 20744PRO SE
Date Filed # Docket Text
05/04/2009 1 COMPLAINT against defts' ORLY TAITZ, DEFEND OURFREEDOMS FOUNDATIONS, INC., YOSEF TAITZ, THESANKEY FIRM, SANKEY INVESTIGATIONS, INC., NEIL
SANKEY, JAMES SUNDQUIST, ROCK SALT PUBLISHING,LINDA SUE BELCHER, EDGAR HALE, CAREN HALE,PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610( Filing fee $ 350 receipt number PPE000127.), filed by plffs' GOEXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAWOFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.OSTELLA. ( FILED IN HARD COPY ) (gn, ) Modified on5/5/2009 (gn, ). (Additional attachment(s) added on 8/4/2010: #1Part 2) (gn, ). (Entered: 05/04/2009)
05/04/2009 Summons Issued as to ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., YOSEF TAITZ, THESANKEY FIRM, SANKEY INVESTIGATIONS, INC., NEILSANKEY, JAMES SUNDQUIST, ROCK SALT PUBLISHING,LINDA SUE BELCHER, EDGAR HALE, CAREN HALE,PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610.Given To: counsel on 5/4/09 (gn, ) Modified on 5/4/2009 (gn, ).(Entered: 05/04/2009)
05/04/2009 2 Disclosure Statement Form pursuant to FRCP 7.1 by GO EXCELGLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAWOFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.OSTELLA.(gn, ) (Entered: 05/04/2009)
05/04/2009 3 EMERGENCY MOTION FOR AN INJUNCTION AND/ORTEMPORARY RESTRAINING ORDER, FILED BY PLFFS' GOEXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAWOFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.OSTELLA. ( FILED IN HARD COPY ) (gn, ) Modified on5/5/2009 (gn, ). (gn, ). (Entered: 05/04/2009)
Case: 10-3000 Document: 003110335655 Page: 37 Date Filed: 11/02/2010
https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=29&dm_id=7588971&doc_num=1&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=29&dm_id=7588971&doc_num=1&pdf_header=1https://ecf.paed.uscourts.gov/doc1/15318098151https://ecf.paed.uscourts.gov/doc1/15318098151https://ecf.paed.uscourts.gov/doc1/15318098151https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=35&dm_id=5133334&doc_num=2&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=35&dm_id=5133334&doc_num=2&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=37&dm_id=5855581&doc_num=3&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=37&dm_id=5855581&doc_num=3&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=37&dm_id=5855581&doc_num=3&pdf_header=1https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=35&dm_id=5133334&doc_num=2&pdf_header=1https://ecf.paed.uscourts.gov/doc1/15318098151https://ecf.paed.uscourts.gov/cgi-bin/show_doc.pl?caseid=302150&de_seq_num=29&dm_id=7588971&doc_num=1&pdf_header=1 -
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05/04/2009 4 Memorandum in support of plff's motion for EmergencyInjunction and/or Temporary Restraining Order, filed by plffs' GOEXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAWOFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.OSTELLA, Proof of Service. ( FILED IN HARD COPY ) (gn, )
Modified on 5/5/2009 (gn, ). (Additional attachment(s) added on8/4/2010: #1Part 1, #2Part 2) (gn, ). (Entered: 05/04/2009)
05/04/2009 5 Minute Entry for proceedings held before HONORABLEEDUARDO C. ROBRENO: Motion for Temporary RestrainingOrder held on 5/4/09. ESR Reporter: Joseph Matkowski. (gn, )(Entered: 05/05/2009)
05/07/2009 6 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, THE LAW OFFICES OF PHILIP J. BERG, EVELYNADAMS, LISA M. OSTELLA re: Don Clayton served Summonsand Complaint upon ORLY TAITZ by personal service. ORLY
TAITZ served on 5/4/2009, answer due 5/26/2009. (gn, ) (Entered:05/08/2009)
05/07/2009 7 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.BERG, EVELYN ADAMS, LISA M. OSTELLA re: Don Claytonserved Summons and Complaint upon DEFEND OURFREEDOMS FOUNDATIONS, INC., YOSEF TAITZ by personalservice. DEFEND OUR FREEDOMS FOUNDATIONS, INC.served on 5/5/2009, answer due 5/26/2009; YOSEF TAITZ servedon 5/5/2009, answer due 5/26/2009. (gn, ) (Entered: 05/08/2009)
05/07/2009 8 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.BERG, EVELYN ADAMS, LISA M. OSTELLA re: Bob Shultzserved Summons and Complaint upon THE SANKEY FIRM,SANKEY INVESTIGATIONS, INC., NEIL SANKEY bypersonal service. THE SANKEY FIRM served on 5/5/2009,answer due 5/26/2009; SANKEY INVESTIGATIONS, INC.served on 5/5/2009, answer due 5/26/2009; NEIL SANKEYserved on 5/5/2009, answer due 5/26/2009. (gn, ) (Entered:05/08/2009)
05/07/2009 9 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.BERG, EVELYN ADAMS, LISA M. OSTELLA re: Joe servedSummons and Complaint upon EDGAR HALE, CAREN HALE,PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610by personal service. EDGAR HALE served on 5/7/2009, answerdue 5/27/2009; CAREN HALE served on 5/7/2009, answer due
Case: 10-3000 Document: 003110335655 Page: 38 Date Filed: 11/02/2010
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5/27/2009; PLAINS RADIO NETWORK served on 5/7/2009,answer due 5/27/2009; BAR H FARMS served on 5/7/2009,answer due 5/27/2009; KPRN AM 1610 served on 5/7/2009,answer due 5/27/2009. (gn, ) (Entered: 05/08/2009)
05/11/2009 10 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.BERG, EVELYN ADAMS, LISA M. OSTELLA re: LANACOPELAN served Summons and Complaint upon LINDA SUEBELCHER by Personal Service. LINDA SUE BELCHER servedon 5/5/2009, answer due 5/26/2009. (stb, ) (Entered: 05/12/2009)
05/22/2009 11 AFFIDAVIT of Service by Richard Minervino re: servedSummons, Complaint, Motion for Injunction and/or TempRestrainnig Order, Memorandum of Law in Support of Motion forInjunction or temp. TRO, Proposed Order upon James Sundquistthrough his wife Karen Sundquist by Personal on May 21, 2009
(BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 12 AFFIDAVIT of Service by Richard Minervino re: servedSummons, Complaint, Motion for Injunction and/or TempRestrainnig Order, Memorandum of Law in Support of Motion forInjunction or temp. TRO, Proposed Order upon Rock SaltPublishing through James Sundquist by Personal on May 21, 2009(BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 13 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISALIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.BERG, EVELYN ADAMS, LISA M. OSTELLA re: RichardMinervino served Summons and Complaint upon JAMESSUNDQUIST by Personal. JAMES SUNDQUIST served on5/21/2009, answer due 6/10/2009. (BERG, PHILIP) (Entered:05/22/2009)
05/22/2009 14 SUMMONS Returned Executed by THE LAW OFFICES OFPHILIP J. BERG re: Richard Minervino served Summons andComplaint upon ROCK SALT PUBLISHING by Personal. ROCKSALT PUBLISHING served on 5/21/2009, answer due 6/10/2009.(BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 15 AFFIDAVIT of Service by Don Clayton re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Orly Taitz through the person inCharge, Lila Dubert by Substituted Service on May 4, 2009(BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 16 AFFIDAVIT of Service by Lana Copeland re: served Emergency
Case: 10-3000 Document: 003110335655 Page: 39 Date Filed: 11/02/2010
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Motion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Linda Sue Belcher by Personal onMay 5, 2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 17 AFFIDAVIT of Service by Joe Dale Stewart re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Caren Hale by Personal on May 7,2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 18 AFFIDAVIT of Service by Joe Dale Stewart re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Edgar Hale by Personal on May 7,2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 19 AFFIDAVIT of Service by Joe Dale Stewart re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon KPRN AM 1610, Plains Radio, Inc.,and Bar H Farms by Personal on May 7, 2009 (BERG, PHILIP)(Entered: 05/22/2009)
05/22/2009 20 AFFIDAVIT of Service by Bob Shultz re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Neil Sankey, The Sankey Firm, andSankey Investigations, Inc. by Personal on May 5, 2009 (BERG,PHILIP) (Entered: 05/22/2009)
05/22/2009 21 AFFIDAVIT of Service by Don Clayton re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Defend our Freedoms Foundation, Inc.by Substituted Service on May 5, 2009 (BERG, PHILIP) (Entered:05/22/2009)
05/22/2009 22 AFFIDAVIT of Service by Don Clayton re: served EmergencyMotion for Injunction and/or Temp Restrainnig Order,
Memorandum of Law in Support of Motion for Injunction or temp.TRO, Proposed Order upon Yosef Taitz by Substituted Service onMay 5, 2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/26/2009 23 ANSWER AND MOTION TO DISMISS, FILED BY DEFTNEIL SANKEY, SANKEY INVESTIGATIONS, AND SANKEYINVESTIGATIONS INC., with jury demand, AFFIDAVIT,CERTIFICATE OF SERVICE. (gn, ) Modified on 5/26/2009 (gn,
Case: 10-3000 Document: 003110335655 Page: 40 Date Filed: 11/02/2010
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). Modified on 5/26/2009 (gn, ). (Entered: 05/26/2009)
05/26/2009 24 ANSWER AND MOTION TO DISMISS, FILED BY DEFTLINDA SUE BELCHER, with jury demand, AFFIDAVIT,CERTIFICATE OF SERVICE. (gn, ) Modified on 5/26/2009 (gn,
). (Entered: 05/26/2009)05/26/2009 25 ANSWER AND MOTION TO DISMISS, FILED BY DEFTS
EDGAR HALE, CAREN HALE, jury demand, AFFIDAVITS,CERTIFICATE OF SERVICE.(gn, ) Modified on 5/26/2009 (gn,). (Entered: 05/26/2009)
05/26/2009 26 STIPULATION of Dismissal without prejudice by YOSEFTAITZ. (MILLER, BRAD) (Entered: 05/26/2009)
05/27/2009 27 Request for Default JudgmentEntry, Request for Entry of Default;Declaration of Philip J. Berg, Esquire in support thereof;
Certificate of Service and Proposed Entry of Default OrderGOEXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAWOFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.OSTELLA against ORLY TAITZ, DEFEND OUR FREEDOMSFOUNDATIONS, INC.. (BERG, PHILIP) Modified on 5/28/2009(nd). (Entered: 05/27/2009)
05/27/2009 28 Request for Default JudgmentEntry, Request for Entry of Default,Declaration of Philip J. Berg, Esquire in Support thereof;
Certificate of Service; and Proposed Entry of Default OrderLISALIBERI against THE SANKEY FIRM. (BERG, PHILIP)Modified on 5/28/2009 (nd, ). (Entered: 05/27/2009)
05/27/2009 DEFAULT BY ORLY TAITZ, DEFEND OUR FREEDOMSFOUNDATIONS, INC., THE SANKEY FIRM FOR FAILURETO APPEAR, PLEAD OR OTHERWISE DEFEND. (gn, )Modified on 6/29/2009 (gn, ). ( STRICKEN PURSUANT TOPAPER #79) (Entered: 05/28/2009)
05/27/2009 Default Entered (gn, ) Modified on 6/29/2009 (gn, ). ( STRICKENPURSUANT TO PAPER #79) (Entered: 05/28/2009)
05/28/2009 29 STIPULATION AND ORDER OF DISMISSAL WITHOUTPREJUDICE OF DEFENDANT YOSEF TAITZ THAT ALL
CLAIMS AGAINST DEFENDANT YOSEF TAITZ AREHEREBY DISMISSED WITHOUT PREJUDICE, ETC.COUNSEL FOR DEFENDANT YOSEF TAITZ SHALLCONTINUE TO BE INCLUDED ON THIS COURT'S DOCKETFOR PURPOSES OF RECEIVING ALL FILINGS, AND SHALLBE PERMITTED TO PARTICIPATE IN ALL DISCOVERYPROCEEDINGS. SIGNED BY HONORABLE EDUARDO C.
Case: 10-3000 Document: 003110335655 Page: 41 Date Filed: 11/02/2010
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ROBRENO ON 5/28/09. 5/28/09 ENTERED AND COPIESMAILED TO UNREPS AND PRO SE, E-MAILED.(lisad, )(Entered: 05/28/2009)
05/28/2009 30 Request for Default Judgment LISA LIBERI against ORLY
TAITZ. (BERG, PHILIP) (COPY FORWARDED TO CLERKFOR APPROVAL) Modified on 5/29/2009 (md). (Entered:05/28/2009)
05/28/2009 35 MOTION TO DISMISS DUE TO LACK OF JURISDICTION,FILED BY ORLY TAITZ, DEFEND OUR FREEDOMSFOUNDATIONS, INC.(gn, ) (Entered: 05/29/2009)
05/28/2009 36 Opposition to Injunction, filed by ORLY TAITZ, DEFEND OURFREEDOMS FOUNDATIONS, INC., Certificate of Service. (gn,) (Additional attachment(s) added on 5/29/2009: #1opposition)(gn, ). Modified on 6/3/2009 (gn, ). (Entered: 05/29/2009)
05/28/2009 37 ANSWER to1Complaint, by ORLY TAITZ, DEFEND OURFREEDOMS FOUNDATIONS, INC., Certificate of Service.(gn, )(Entered: 05/29/2009)
05/28/2009 48 MOTION TO SET ASIDE DEFAULT, FILED BY DEFT ORLYTAITZ, CERTIFICATE OF SERVICE.(gn, ) (Entered:06/08/2009)
05/29/2009 31 Request for Default Judgment, Declaration in support thereof;certificate of service; and proposed Default JudgmentLISALIBERI against DEFEND OUR FREEDOMS FOUNDATIONS,
INC.. (BERG, PHILIP) (COPY FORWARDED TO CLERK FORAPPROVAL) Modified on 5/29/2009 (md). (Entered: 05/29/2009)
05/29/2009 32 Declaration re30Request for Default JudgmentRequest forDefault Judgment, Declaration in support thereof; Certificate of
Service; and Proposed Default Judgmentby LISA LIBERI.(BERG, PHILIP) (Entered: 05/29/2009)
05/29/2009 33 Request for Default Judgment ; Declaration in support thereof;Certificate of Service; and Proposed Default JudgmentLISALIBERI against THE SANKEY FIRM. (BERG, PHILIP) (COPYFORWARDED TO CLERK FOR APPROVAL) Modified on
5/29/2009 (md). (Entered: 05/29/2009)
05/29/2009 34 Request for Default Judgment ; Declaration in support thereof;Certificate of Service; and Proposed Default JudgmentLISA M.OSTELLA against ORLY TAITZ. (BERG, PHILIP) (COPYFORWARDED TO CLERK FOR APPROVAL) Modified on5/29/2009 (md). (Entered: 05/29/2009)
Case: 10-3000 Document: 003110335655 Page: 42 Date Filed: 11/02/2010
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8/8/2019 LIBERI v TAITZ (APPEAL - 3rd Circuit) - Appellants' Opening Brief - Transport Room
43/61
Appellant's Opening Brief on behalf of Defend Our Freedoms Foundation and Orly Taitz 43
05/29/2009 38 ORDER THAT A STATUS AND SCHEDULINGCONFERENCE WITH THE PARTIES WILL TAKE PLACE ON6/25/2009 AT 10:30 AM IN COURTROOM 11A. ( SIGNED BYHONORABLE EDUARDO C. ROBRENO ON 5/28/09. ) 5/29/09ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered:
05/29/2009)
06/02/2009 39 Request for Default Judgment ; Declaration in support thereto;Certificate of Service; and Proposed Judgment by Default OrderPHILIP J. BERG against ORLY TAITZ. (BERG, PHILIP)(Entered: 06/02/2009)
06/02/2009 40 Request for Default Judgment ; Declaration in support thereof;Certificate of Service; and Default Judgment OrderPHILIP J.BERG against DEFEND OUR FREEDOMS FOUNDATIONS,INC.. (BERG, PHILIP) (Entered: 06/02/2009)
06/02/2009 41 Request for Default Judgment ; Declaration in support thereof;Certificate of Service; and Proposed Default JudgmentTHE LAWOFFICES OF PHILIP J. BERG against DEFEND OURFREEDOMS FOUNDATIONS, INC.. (BERG, PHILIP) (Entered:06/02/2009)
06/07/2009 42 Request for Default Judgment ; Declaration in support thereto;Certificate of Servcie; and Proposed Default Judgment OrderTHE LAW OFFICES OF PHILIP J. BERG against ORLY TAITZ.(BERG, PHILIP) (Entered: 06/07/2009)
06/07/2009 43 Request for Default Judgment ; Declaration in Support thereto;
Certificate of Service; and Proposed Judgment by Default OrderGO EXCEL GLOBAL against ORLY TAITZ. (BERG, PHILIP)(Entered: 06/07/2009)
06/07/2009 44 Request for Default Judgment ; Declaration in Support thereto;Certificate of Service; and Proposed Default Judgment OrderEVELYN ADAMS against DEFEND OUR FREEDOMSFOUNDATIONS, INC.. (BERG, PHILIP) (Entered: 06/07/2009)
06/07/2009 45 Request for Default Judgment ; Declaration in Support thereto;Certificate of Service; and Proposed Default Judgment OrderEVELYN ADAMS against ORLY TAITZ. (BERG, PHILIP)(Entered: 06/07/2009)
06/07/2009 46 Request for Default Judgment ; Declaration in Support thereto;Certificate of Service; and Proposed Default Judgment OrderLISA M. OSTELLA against DEFEND OUR FREEDOMSFOUNDATIONS, INC.. (BERG, PHILIP) (Entered: 06/07/2009)
06/08/2009 47 Request for Default Judgment ; Declaration in Support thereto;
Case: 10-3000 Document: 003110335655 Page: 43 Date Filed: 11/02/2010
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