liberi v taitz (appeal - 3rd circuit) - appellees response in opposition to motion to strike and...

8/8/2019 LIBERI v TAITZ (APPEAL - 3rd CIRCUIT) - Appellees Response in Opposition to Motion to Strike and Sanctions

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NO. 10-3000

__________________________

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT__________________________

LISA LIBERI, LISA OSTELLA, EVELYN ADAMS, PHILIP J. BERG, ESQ.,LAW OFFICES OF PHILIP J. BERG and GO EXCEL GLOBAL

Plaintiffs / Appellees,

v.

ORLY TAITZ, DEFEND OUR FREEDOMS FOUNDATIONS, INC., et al

Defendants / Appellants.

__________________________________________________________________

__________________________________________________________________

On Appeal from the United States District Court

For the Eastern District of PennsylvaniaCase No. 09-cv-01898-ECR

__________________________________________________________________

Philip J. Berg, EsquireLAW OFFICES OF PHILIP J. BERG

555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531

Ph: (610) 825-3134Fx: (610) 834-7659

Email: [email protected]

PA I.D. No. 09867

Attorney for Appellees

APPELLEES RESPONSE IN OPPOSITION TO APPELLANTS

MOTION FOR SANCTIONS AND TO STRIKE APPELLEES BRIEF

Case: 10-3000 Document: 003110354767 Page: 1 Date Filed: 11/20/2010


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i

TABLE OF CONTENTS

Pages

TABLE OF CONTENTS....i

TABLE OF AUTHORITIES.....ii-iii

STATEMENT OF FACTS.1-9

ARGUMENT....9-14

I. 28 U.S.C. 1927 is Inapplicable and Sanctions are Not

Warranted.....9-13

II. Appellants Request to have Appellees Brief StrickenIs Frivolous and without Merit..13-14

CONCLUSION....15

CERTIFICATE OF SERVICE...16-17

Exhibit A Nov. 10, 2010 Order of Non-Compliance

Served upon Appellant Orly Taitz

Exhibit B Nov. 10, 2010 Email fraudulently set-up using

Appellee Lisa Liberi's Name

Exhibit C Copies of Website set-up Fraudulently using

Appellee Lisa Liberi's Name

Exhibit D Feb. 2, 2010 3rd Circuit Order to Show Cause served

Upon Court Reporter, Joan Carr

Exhibit "E" Feb. 17, 2010 Joan Carr's Response to the 3rd Circuit's

Order to Show Cause

Exhibit "F" April 21, 2010 Appellants (Appellees herein) Motion

To Withdraw their Appeal or in the Alternative to

Dismiss their Appeal inLiberi, et al v. Taitz, et alCase No. 09-3403



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ii

TABLE OF AUTHORITIES

CASES: Page(s)

Hackman v. Valley Fair, 932 F.2d 239 (3d Cir. 1991)..11, 12

In re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions,

LaSalle Nat'l Bank v. First Connecticut Holding Group,

Liberi, et al v. Taitz, et al, 3rd

Circuit Court of Appeals,

st

th

th

FEDERAL STATUTES

Page(s)

28 U.S.C. 1927...9, 11, 12

In Re: David Leroy Beers, 2010 U.S. App. LEXIS 22475 (3d Cir. 2010....11

278 F.3d 175 (3d Cir.2002)....11, 12

Plattenburg v Allstate Ins. Co., 918 F2d 562 (5 Cir. 1990)........10

Baker Industr. Inc. V. Cerberus, Ltd., 764 F.2d 204 (3d Cir. 1985)....12

Williams v. Giant Eagle Markets, Inc., 883 F.2d 1184 (3rd Cir.1989).....12

Case No. 09-3403.....5, 7, 10

Lisa v Fournier Marine Corp., 866 F2d 530 (1 Cir. 1989).....9, 10

Westinghouse Electric Corp. v NLRB, 809 F2d 419 (7 Cir. 1987)...........9

287 F.3d 279 (3d Cir. 2002)...11, 12



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iii

TABLE OF AUTHORITIES - Continued

FEDERAL RULES OF APPELLATE PROCEDURE

Page(s)

Rule 27...4

Rule 30 ..7

FEDERAL RULES OF CIVIL PROCEDURE

Page(s)

Rule 12f..14



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1

Appellees, Lisa Liberi [hereinafter Liberi]; Philip J. Berg, Esquire

[hereinafter Berg], the Law Offices of Philip J. Berg; Evelyn Adams a/k/a

Momma E [hereinafter Adams]; Lisa Ostella [hereinafter Ostella]; and Go

Excel Global by and through their undersigned counsel, Philip J. Berg, Esquire,

files the within Response in Opposition to Appellants, Orly Taitz and Defend our

Freedoms Foundations, Inc. [hereinafter DOFF] frivolous Motion for Sanctions

and to Strike Appellees Brief.

STATEMENT OF FACTS:

The case regarding Plaintiff and Appellee Lisa Liberi against

Defendant/Appellant Orly Taitz is about Appellant, Attorney Orly Taitz's through

her company, DOFF, threatening to take Philip J. Berg, Esquire down and to do so

she was going to destroy his Paralegal (Appellee Liberi) and get rid of her;

illegally running background checks, illegally obtaining; illegally posting on the

World Wide Web (all over the Internet); illegally sending by mass emailing,

including internationally; sending by mass mailing; and handing out to individuals

Appellee Lisa Liberi's full Social Security number, date of birth, place of birth,

residence, husband's Social Security number, mother's maiden name, father's name



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and other confidential information1, as well as other illegal tactics of Appellant

Taitz. See the Complaint filed in the Lower Court, May 4, 2009, Docket Number 1.

Appellant Taitz did all these actions and more as an "Officer of the Court".

This case has nothing to do as Appellant Taitz falsely claims in her

Appellant Brief and/or in her instant Motion. Appellant Taitz, who is a licensed

Attorney, continually files with this Court and the Lower Court, false statements as

to what the case is about and the reasons Appellees filed the within action.

Appellants filed their Brief and Appendice on November 2, 2010.

Appellants Brief contained many false statements and accusations. In fact, Taitz's

Brief is packed with false and deceptive practices. In particular, Appellant Taitz

made accusations against Appellees witness, Shirley Waddell, claiming Ms.

Waddell made statements in her Affidavits which were never made and claimed

that Appellees suborned perjury. As a result, Appellees provided the Affidavits of

Shirley Waddell to support their position and so this Court could see that Appellant

Taitz falsified her statements to this Court. Appellees were also forced to produce

other documents filed with the Lower Court as Appellant, Orly Taitz, an attorney,

falsified to this Court what was actually stated in said documents.

1 With all the confidential information Appellant, Orly Taitz sent out on Appellee

Lisa Liberi, any unknown person has all the information to obtain primary identitydocuments in Appellee Lisa Liberi's name.



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Additionally, Appellants Appendices contained forged and altered

documents, which were not part of the rulings under review. In particular, was

Appellant Taitz's Exhibit seven [7] a statement with attached documents from

Geoff Staples. The attached documents had been altered and forged, and Appellee

Lisa Liberi's email was fraudulently input on the documents to appear as if she sent

the email. As a result, Appellants filed the proof with this Court to show the

forgeries and alterations of the documents that Appellant Taitz filed as genuine.

Appellant Taitz was put on notice in the Lower Court regarding the forgeries.

Further, on November 2, 2010, when Appellants filed their Brief and

Appendices, Appellant Taitz failed to include the required documents in her

Appendice. For example, Appellant Taitz failed to attach her Notice of Appeal;

and attached documents which she (Appellant Taitz) filed in the Lower Court

while this matter was on Appeal with this Court.

Appellant Taitz's tactics have been severely prejudicial to the within

Appellees. When Appellants filed their Brief and Appendices on November 2,

2010, they failed to comply with the Court's Rules and therefore received a Non-

Compliance Order from the Court on November 10, 2010. See EXHIBIT "A".

Appellant Taitz was directed to number her pages and re-file her Brief and

Appendices 1 and 2 and that the Electronic and Hard Copy Appendice "must be

identical". What Appellant Taitz did was not only number her Appendice pages,



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she filed an additional one hundred [100] pages (supplemental pages) without

filing a proper Motion to this Court and to cure the defects mentioned in Appellees

Brief to make it appear Appellees were dishonest in their filings.

As this Court can also see from its own docket, Appellant Taitz has been

extremely busy clogging the docket with frivolous and repeated filings, which also

is completely improper.

Appellant Taitz has now filed this frivolous Motion for Sanctions and to

Strike the Appellees Brief. Appellants Motion is filled with nothing but rhetoric,

which contain numerous untrue and falsified statements and has absolutely nothing

to do with the within Appeal or Appellees Brief. Moreover, Appellant Taitz failed

to adhere toFederal Rules of Appellate Procedure (FRAP), Rule 27.

When a Motion is filed with the Appellate Court, the party filing the Motion

must state with particularity the grounds for the motion, the relief sought, and the

legal argument necessary to support it. See FRAP, Rule 27(a)(2)(A). Appellant has

failed to outline the particular grounds for her Motion. More importantly,

Appellant Taitz has failed to cite any legal argument and/or authority necessary to

support her Motion. Appellant Taitz cites a few cases, none of which are binding

upon this Court, not one case from the Third Circuit or Pennsylvania. Instead,

Appellant Taitz's Motion is replete with false statements, false accusations, false



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What Taitz has provided is a purported picture of Appellee Lisa Liberi, which

Taitz's claims is a "mug shot".

It is important for this Court to note, on November 10, 2010, three (3) days

after Appellees filed their Brief in this Appeal, and three (3) days after Appellant

Taitz was served, Appellee Liberi received an email from

[email protected] stating, "Love your new website". See EXHIBIT

"B". At the same time, a website was fraudulently set-up at http://lisaliberi.com

with horrid comments and statements purporting to be coming from Appellee Lisa

Liberi, with this purported picture on every page of the website, that Taitz has been

continually filing in the Court's. See EXHIBIT "C". Appellee Liberi does not

own any websites, she did not authorize anyone to use her name and/or set up any

type of website in her name. Since this fraudulent website contains the same

statements made by Appellants, especially Taitz, and the website contains this

picture in the possession of Orly Taitz as demonstrated by the Court filings, it is

believed Appellant Orly Taitz set-up or caused to be set-up this horrid website in

Appellee Liberi's name as punishment for Appellees filing their Brief. This has

also been the same type of behaviors demonstrated by Appellant Taitz and the

other Appellants all through the litigation in the underlying case.

Appellant Taitz has made many false statements in her instant Motion. It

would take Appellees numerous pages to address every false statement, for this



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reason, only a couple of instances are being pointed out. On page 5 of Appellant

Taitz's Motion she states, "Berg filed multiple motions in the District Court and

in the Third Circuit Court of Appeals, requesting this case to be sealed, claiming

that Liberi's life is in danger. Neither the District Court nor the Third Circuit

Court of Appeals ever found any value in Berg's claims and never granted his

motions" [emphasis added]. The undersigned has not filed one Motion in this

Court or the Lower Court as demonstrated by the Court's own Dockets, requesting

this case to be sealed.

Appellant Taitz' continues stating, "When the Third Circuit Court of

Appeals issued an order to show cause to Berg, to show why within a period of

half a year he never produced a transcript, that he was appealing, Berg abruptly

withdrew his interlocutory appeal." [emphasis added] Another fraudulent

statement and direct lie to this Court by Appellant Taitz who is a licensed Attorney

in this Court. This Court did not issue an Order to Show Cause upon the

undersigned. See Liberi, et al v. Taitz, et al, U.S. Court of Appeals for the Third

Circuit, Case No. 09-3403, February 2, 2010, Order directing the Court Reporter to

Show Cause Why she had Failed to Timely File the Transcript. See EXHIBIT

"D" and February 17, 2010, Joan Carr's Response to the Court's Order to Show

Cause stating the Transcript was sealed. See EXHIBIT "E". The undersigned

Moved to Withdraw and/or Dismiss the Appeal on April 21, 2010, Case No. 09-



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3403 as Taitz continued publishing Appellee Liberi's full Social Security number

and other illegal tactics of Taitz. A Restraining Order would not prevent the

severe damages already suffered by Appellee Lisa Liberi. See EXHIBIT "F".

Appellant Taitz is correct, the undersigned did refuse to file a Joint

Appendix as a result of Taitz's continued filing of false and forged documents. In

fact, the undersigned has told Appellant Taitz that all communications are to be in

writing as a result of Taitz's continued falsified statements, stories and lies to the

Court. Moreover, as this Court is aware,Federal Rules of Appellate Procedure,

Rule 30 required the Appellants to serve on the Appellees a designation of the parts

of the record the Appellants intended to include in their Appendix and a Statement

of the Issues they Intended to Raise. Appellants never complied. Appellees were

not even aware of what the issues were that were being raised, nor did Appellants

state in their Appellants Brief the Statement of Issues.

Appellant Taitz has published every bit of private confidential personal

information of Appellee Liberi and has made serious threats against the Appellees,

continually incited violence against the Appellees, has even put out a family photo

of Appellee Liberi, which Taitz illegally obtained, with an address purported to be

that of Appellee Liberi. Appellant Taitz has even gone on radio shows talking

about Appellee Liberi stating, "And I have provided directions, I have provided



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the pictures."2 Appellant Taitz only wants Appellee Liberi's Driver's License to

carry out her threats and publish it all over the Internet as she has done with

everything else.

ARGUMENT

I. 28 U.S.C. 1927 is INAPPLICABLE and SANCTIONS are NOT

WARRANTED:

Appellant Taitz fails to cite one Pennsylvania and/or Third Circuit case.

Instead, she continues using case law, which this Court is not bound to. Appellant

also argues all through her Motion her rhetoric, which are irrelevant and that this

Court is without jurisdiction to entertain.

Despite this, Taitz states in her Motion at page 12, " 1927 is applicable to

appellate briefs. A penalty of $ 1,000 was imposed upon counsel under 1927 for

submitting appellate briefs which utilized typo-graphical techniques to effectively

reduce 70-page brief to 50 pages in contravention of Federal Rules of Appellate

Procedure. Westinghouse Electric Corp. v NLRB, 809 F2d 419 (7th

Cir. 1987).

Lack of meaningful argument in a brief filed on behalf of appellant rendered

appeal frivolous and needlessly burdened appellees, thus justifying assessment of

costs against appellant's counsel personally. Lisa v Fournier Marine Corp., 866

2 August 30, 2010 Andrea Shea King Show with guest, Orly Taitzhttp://www.blogtalkradio.com/askshow/2010/08/31/the-andrea-shea-king-show at 49:47



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F2d 530 (1st Cir. 1989). Attorney was sanctioned $500 where a brief cited no

relevant cases, devoted itself almost entirely to a non-issue in the case, and failed

to make even one citation to record where relevant. Plattenburg v Allstate Ins.

Co., 918 F2d 562 (5th Cir. 1990)."

Appellant Taitz cites the case of Plattenburg v Allstate Ins. Co., 918 F2d

562 (5th

Cir. 1990) but fails to inform this Court that this case, even though this

Court is not bound to it, the case goes to the heart of what Appellant has done in

her brief and this very Motion. The Court stated:

"After reviewing the record, we conclude that Plattenburg's attorney,Maryam Jamilah, has unreasonably multiplied the proceedings in thiscase. She has pursued an appeal in a case that has little basis in fact.She has filed a brief that sketches not even the barest outlines of thelegal theories under which Plattenburg seeks to recover--that is, a

brief that cites no relevant Texas cases. She has filed a brief devotedalmost entirely to discussing summary judgment with respect toordinary automobile negligence, a non-issue in this case. This briefalso fails to make even one citation to the record where relevant, asrequired by Fifth Circuit Rule 28.2.3. In sum, disposing of this appealhas vexatiously consumed our time and Allstate's money. A sanctionof $500.00, payable to Allstate, will serve as a warning to Jamilah andother counsel to choose wisely what appeals they will bring to thiscourt."

Taitz citing ofLisa v Fournier Marine Corp., 866 F2d 530 (1st Cir. 1989),

again which is not binding upon this Court, also clearly addresses Appellant Taitz's

actions in her Brief and this Motion and does not pertain to the Appellees

whatsoever.



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Appellant Orly Taitz filed the within frivolous Appeal. Appellant Taitz

failed to address what she claims the Judge did incorrectly, how he misapplied the

laws; and Appellant Taitz failed to file any legal authority, which is binding upon

this Court and failed to failed to make even one citation to the record where

relevant, as required by the F.R.A.P. and this Court's local rules. Further,

Appellant Taitz in her Appellants Brief raised issues that she filed in the Lower

Court after her Notice of Appeal, which Appellees were forced to address.

Appellants filed many false statements and it required the Appellees to file

Supplemental Appendices with the actual documents to disprove Appellant Taitz's

lies and false statements. Thus, the above arguments of Appellants support this

Court Sanctioning Appellant. Appellant Taitz has a habit of accusing her victims

of what she is actually doing, as demonstrated by her own Motion.

As stated by the Third Circuit inIn Re: David Leroy Beers, 2010 U.S. App.

LEXIS 22475 at *2-3, "It has been well settled in the Third Circuit that 28 U.S.C.

1927 requires a finding of four elements for the imposition of sanctions: "(1)

multiplied proceedings; (2) unreasonably and vexatiously; (3) thereby increasing

the cost of the proceedings; (4) with bad faith or with intentional misconduct."

LaSalle Nat'l Bank v. First Connecticut Holding Group, 287 F.3d 279, 288 (3d Cir.

2002). See alsoIn re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions,

278 F.3d 175, 180 (3d Cir.2002);Hackman v. Valley Fair, 932 F.2d 239, 242 (3d



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Cir. 1991); Williams v. Giant Eagle Markets, Inc., 883 F.2d 1184, 1191 (3rd

Cir.1989);Baker Industr. Inc. V. Cerberus, Ltd., 764 F.2d 204, 208 (3d Cir. 1985).

Appellants have not met any of the required elements, nor can they. Appellants

Motion is frivolous.

Moreover, Appellant Taitz fails to cite one instance of what Appellees have

supposedly done to substantiate any type of sanctions pursuant to 28 U.S.C. 1927

in this Court. Appellant has failed to make one reference or citation to Appellees

Brief that she believes warrants sanctions. Instead, Appellant claims the actions of

Appellees in the underlying case warrants this Court to sanction them pursuant to

28 U.S.C. 1927, which is completely improper and again frivolous and of course,

which this Court is without jurisdiction to entertain.

As this Court can see from its own Docket, it is Appellant Taitz who has

filed frivolous, vexatious, and unreasonable multiplicity of frivolous requests and

motions in bad faith and with intentional misconduct and she has continued pursuit

of her baseless claims. See LaSalle Nat'l Bank v. First Connecticut Holding Group,

287 F.3d 279, 288 (3d Cir. 2002). See also In re Prudential Ins. Co. Am. Sales

Practice Litig. Agent Actions, 278 F.3d 175, 180 (3d Cir.2002);Hackman v. Valley

Fair, 932 F.2d 239, 242 (3d Cir. 1991); Williams v. Giant Eagle Markets, Inc., 883

F.2d 1184, 1191 (3rd Cir.1989); Baker Industr. Inc. V. Cerberus, Ltd., 764 F.2d

204, 208 (3d Cir. 1985).



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For these reasons, Appellants Motion must be Denied and Appellees must be

Awarded their Attorney Fees and Costs for having to defend against Appellants

frivolous Motion.

II. APPELLANTS REQUEST to have APPELLEES BRIEF

STRICKEN is FRIVOLOUS and WITHOUT MERIT:

Appellant is requesting this Court to strike Appellants Brief, and gives

absolutely no argument, legal basis, and/or legal authority to support her request.

Appellant's requests and Motion are frivolous.

Appellant requests this Court to Strike the Appellees Brief and cites to

statutes pertaining to Sanctions in other Circuits cases, which are not binding upon

this Court.

Through Appellants Motion she complains that Appellees filed a large

Appendice. Appellees were forced to file a large Appendice as a result of

Appellant's false statements, forged and altered documents filed as genuine and

false accusations regarding what was actually filed and stated in the Lower Court.

Moreover, some of the Affidavits attached to the Appellees filings in the Lower

Court contain Appellant Orly Taitz's own writings and publications which she has

posted on her very own website, which is what gave rise to the underlying case.

Appellant is an attorney licensed to practice law in this Court. Appellant is

well aware that Appellees Brief was properly filed and in response to her filings,



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which Appellees were required to do. Appellant is also well aware that she cannot

Move to Strike Appellees Brief because it points out Appellants false statements,

false and deceptive practices, frivolous arguments and Appellants filing of forged

and altered documents as genuine.

Appellant Taitz makes absolutely no mention that anything in Appellees

Brief and/or Appendices are an "insufficient defense" or that it is "redundant,

immaterial, impertinent or scandalous matter" as required by the Federal Rules of

Civil Procedure, Rule 12f. Appellant Taitz, a licensed attorney, filed this frivolous

Motion wanting this Court to Strike Appellees Brief because Appellees Brief

provides proof and evidence to this Court that Appellant Taitz's Brief contains

falsified statements, falsified stories, false recitations of what is contained in the

Court's record and contains forged and altered documents in Appellants

Appendice.

For the above aforementioned reasons, Appellants Motion must be Denied

and Appellees must be awarded their Costs and Attorney Fees in defending

Appellants frivolous Motion.



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CONCLUSION:

For the above aforementioned reasons, Appellants Motion must be Denied

and Appellees must be Awarded their Costs and Attorney Fees for defending

Appellants frivolous Motion.

Respectfully submitted,

Dated: November 20, 2010 ____________________________ Philip J. Berg, Esquire


Ph: (610) 825-3134Fx: (610) 834-7659

PA I.D. 9867Email: [email protected]

Attorney for the Appellants

s/ Philip J. Berg



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U.S. District Court,Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR

Court of Appeals No. Case Number: 09-3403


FOR THE THIRD CIRCUIT

__________________________

LISA LIBERI, et al,

Plaintiffs Appellants,

v.

ORLY TAITZ, et al,

Respondents Appellees.

__________________________

CERTIFICATE OF SERVICE

_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellees Response in

Opposition to Appellant Orly Taitz Motion for Sanctions and Costs and to Strike

Appellees Brief was served this 20th day of November 2010 electronically through

the ECF system upon the following Appellants:

Orly Taitz

Defend our Freedoms Foundation, Inc. (unrepresented)26302 La Paz Ste 211Mission Viejo, CA 92691




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CERTIFICATE OF SERVICE, Continued

Neil Sankey

The Sankey Firm, Inc. a/k/a The Sankey Firm (unrepresented)Sankey Investigations, Inc.2470 Stearns Street #162

Simi Valley, CA 93063Email: [email protected]

Linda Sue Belcher201 Paris

Castroville, Texas 78009

Email: [email protected] andEmail: [email protected]

Ed HaleCaren Hale

Plains RadioKPRN

Bar H Farms1401 Bowie Street

Wellington, Texas 79095Email: [email protected];[email protected];

ed@barhfarnet; and [email protected]

________________________

PHILIP J. BERG, ESQUIREAttorney for the Appellees

s/ Philip J. Berg



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EXHIBIT "A"



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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

10-3000

Lisa Liberi v. Orly Taitz

2-09-cv-01898

O R D E R

The Court has received the Brief and Appendix from AppellantsDefend Our Freedoms Fndtn,

Orly Taitz.

The appendix does not comply with the following Court requirements:

Contents of Appendix- FRAP 30- The following is/are missing from the appendix

. Sequential page numbering.

Action Required Regarding Appendix

In order to cure errors with respect to CONTENT, AppellantsDefend Our Freedoms Fndtn,

Orly Taitz must re-file both electronically and in hard copy version (4 copies) Appendix

volumes 1 and 2 which have been consecutively paginated. Both electronic appendix and hard

copy appendix should be identical.

Counsel or the party(ies) must correct the above listed deficiencies by 11/16/2010. No actionwill be taken on the document until the error(s) has (have) been corrected.

Pursuant to 3rd Cir. LAR Misc. 107.3 and 3rd Cir. LAR Misc. 113, if a party fails to

comply with the electronic filing requirements, despite notice by the Clerk, the Court may

impose sanctions. Such sanctions include, but are not limited to, imposition of costs,

disciplinary sanctions, and dismissal of the case.

For the Court,

Marcia M. Waldron, Clerk

November 10, 2010

LAL/cc: Ms. Linda S. Belcher,

Philip J. Berg, Esq.

Mr. Neil Sankey,

Orly Taitz, Esq.

Case: 10-3000 Document: 003110343984 Page: 1 Date Filed: 11/10/2010Case: 10-3000 Document: 003110354768 Page: 2 Date Filed: 11/20/2010


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For questions please contact Linda at 267-299-4942.



25/52

EXHIBIT "B"



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From: [email protected]: [email protected]: Wed, Nov 10, 2010 10:37 amSubject: Good morning, Convicted Felon

Love your new website.

Yours,

Convicted Felon



27/52

EXHIBIT "C"



28/52

Lisa Liberi, Convicted FelonWelcome to my world of crime, swindles, perjury, fraud, and sleaze

To search, type and hit enter

read more

I'm Famous!

Do you like my photo? The good people at the New Mexico Department of Corrections were kind

enough to photograph me. I'm very proud that they have featured my photograph on their

website....

It Was Lisaby Convicted Felon on NOVEMBER 10, 2010 - 1 COMMENT

The courts should never have let Larry Flynt off,

since he got it all wrong. I wasnt screwing my

grandmother in that outhouse, I was screwing Lisa.

Reverend Jerry Falwell

Convicted Felon says:

Jerry, Jerry, Jerry I

thought this was our little

secret. more

read all

Gun Barrel Caliberby Convicted Felon on NOVEMBER 10, 2010 - 1 COMMENT

I like to see girls of Lisas caliber. By caliber, of

course, I refer to both their teeny-tiny gun barrels

and the low quality of their characters Two

meanings caliber its a homonym Forget it. Dr.Evil


I helped Dr. Evil invent his

freeze ray, but he doesnt

want to give me... more

read all

A Great Woman!by Convicted Felon on NOVEMBER 10, 2010 - 1 COMMENT

Lisa is a truly great woman and will go down in

history as one of the great sociopathic, psychopathic,

mean-as-hell vicious and vindictive bitches. She puts

me to shame. She reminds me of Ilse Koch!

Everything written here is absolutely

read more


You believe in

re-incarnation, too!!!

Thank God. I thought I was

nuts. more

read all

Im Famous!by Convicted Felon on NOVEMBER 9, 2010 - 1 COMMENT

Do you like my photo? The good people at the New

Mexico Department of Corrections were kind enough

to photograph me. Im very proud that they have

featured my photograph on their website.


Im so hot, Im a brilliant

mastermind, my shit smells

like roses,... more

read all

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Liberi, Convicted Felon | Welcome to my world of crime, swindles, p... http://lisali

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http://lisaliberi.com/Case: 10-3000 Document: 003110354768 Page: 7 Date Filed: 11/20/2010


29/52



read more

I'm Famous!



website....

About Me! Me! Me!

I loved it when a reporter called me The Witch of New Mexico, since I believe in

reincarnation and my life is so similar to that of Ilse Koch, I am sure I must be herre-incarnation.

I am the daughter of a factory foreman. I was known as a polite and happy child at

elementary school. At the age of 15 I entered an accountancy school where I learned

how to defraud investors. Later, I went to work as a bookkeeping clerk, where I

learned to embezzle. I became a member of the Nazi Party. Through some friends, I

met my husband, marrying him two years later.

I worked as a guard and secretary at a concentration camp, which my fianc

commanded. We married when he was made commandant.

Under the influence of my husband, I began torturing the inmates of the camp. I

would often force prisoners to rape one another in plain sight.

Drunk on the absolute power rendered by my husband, I reveled in torture and

obscenity. I am Infamous for my souvenirs; tattoos taken from murdered inmates.

My reputation for debauchery was well earned.

I was arrested in New Mexico for embezzlement, and the murder of some inmates in

an attempt to cover up these crimes. I was imprisoned.

I was tried for participating in a criminal plan for aiding, abetting and participating

in the murders of many people. The tribunal found me guilty and sentenced her to

life imprisonment.

After two years, I was paroled.

Since my parole, I have been indulging in perjury, credit card fraud, and frivoulous

law suits against those I thought might blow the whistle on me and send me back to

prison. I am having great fun manipulating an attorney into committing perjury and

other crimes. Hes really going to be shocked when he discovers hes being disbarred

and going to prison because I worked under his supervision.

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I'm Famous!



website....

Im So Glamorous

Im so glamorous, many of the women I admire the most in this world have worked

to make themselves look like me. Ive been asked many times if I am one of thesegreat ladies, or if I am related. Most often, Im told I look like Charlize Theron, but I

think I look more like Aileen Wuornos.

What do you think? Please leave a comment and let me know who you think I look

the most like.

Rosemary West

Rosemary Pauline Rose West (ne

Letts) (b. 29 November 1953 in

Barnstaple) is a British serial killer, now

an inmate at HMP Low Newton,

Brasside, Durham, after being

convicted of 10 murders in 1995.

Teresa Lewis

Teresa Wilson Bean Lewis (April 26,

1969 September 23, 2010) was an

American murderer and the only

woman on death row in Virginia priorto her execution. She was sentenced to

death by lethal injection for using sex

and money to arrange for the murders

of her husband and stepson in October

2002.

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Dr. Evil

A great woman! It was Lisa

Gun Barrel Caliber

by Convicted Felon on NOVEMBER 10, 2010 - 1 COMMENT

I like to see girls of Lisas caliber. By

caliber, of course, I refer to both their

teeny-tiny gun barrels and the low quality of

their characters Two meanings caliber

its a homonym Forget it.

Dr. Evil

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Convicted Felonsays:

November 10, 2010 at 2:33 pm

I helped Dr. Evil invent his freeze ray, but he doesnt want to give me any

credit. But, hey, I love him anyway. Hes a much bigger man than my

husband, if you know what I mean.

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Gun Barrel Caliber

It was Lisa


The courts should never have let Larry

Flynt off, since he got it all wrong.

I wasnt screwing my grandmother in that

outhouse, I was screwing Lisa.



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Jerry, Jerry, Jerry

I thought this was our little secret.

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Dr. Josef Mengele

Im Famous! Gun Barrel Caliber

A great woman!


Lisa is a truly great woman and will go down

in history as one of the great sociopathic,

psychopathic, mean-as-hell vicious and

vindictive bitches. She puts me to shame.

She reminds me of Ilse Koch!

Everything written here is absolutely true

and accurate. I consult with her on her

activities almost daily.

So, enjoy her writings and I hope you get

some great ideas to use in your own lives.

Herr Dr. Josef Mengele


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You believe in re-incarnation, too!!!

Thank God. I thought I was nuts.

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A great woman!

Im Famous!


Do you like my photo?

The good people at the New Mexico Department of Corrections were kind enough to

photograph me. Im very proud that they have featured my photograph on their

website.

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Im so hot, Im a brilliant mastermind, my shit smells like roses, and I have

the biggest ego in the criminal universe!

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35/52

EXHIBIT "D"



36/52

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

09-3403

Liberi, et al. v. Taitz, et al.

E.D. Pa. Civil No. 2-09-cv-01898

ORDERTO SHOW CAUSE

TO: Joan Carr, Official Court Reporter

As it appears the Court Reporter has delayed this appeal in that said Court

Reporter has failed to file the transcript in accordance with the transcript scheduling

order,

It is hereby ORDERED that Joan Carr, show cause in writing on or before 2/16/10

why said Court Reporter should not be subject to sanctions for the delay in this appeal.

The response must be filed electronically and one copy must be served upon each

interested party. In addition, the Court Reporter must file a properly executed copy of

part 3 of the Transcript Purchase Order.

This Order to Show Cause is made returnable before a panel of this Court. You

will be advised if your physical presence is required on a date specified by the Court.

For the Court,

Marcia M. Waldron, Clerk

Dated: February 2, 2010

SLC/cc: Joan Carr

Philip J. Berg

Thedore J. Hoppe, Jr.

Orly Taitz



37/52

EXHIBIT "E"



38/52



39/52



40/52

EXHIBIT "F"



41/52




FOR THE THIRD CIRCUIT__________________________

LISA LIBERI, et al,


v.ORLY TAITZ, et al,


_________________________

APPELLANTS WITHDRAWAL OF THEIR APPEAL OR IN THEALTERNATIVE, APPELLANTS MOTION FOR VOLUNTARY DISMISSALOF THEIR APPEAL PURSUANT TO FEDERAL RULES OF APPELLATE

PROCEDURE 42(b) [F.R.A.P. 42(b)]_________________________

Philip J. Berg, Esquire


PA Identification: 09867Ph: (610) 825-3134

Fx: (610) 834-7659Email: [email protected]




42/52

i

TABLE OF CONTENTS

Pages

TABLE OF CONTENTS...i

TABLE OF AUTHORITIES.....ii

APPELLANTS MOTION TO WITHDRAW THEIR APPEAL

OR IN THE ALTERNATIVE APPELLANTS MOTION TO

DISMISS THEIR APPEAL...1-2

STATEMENT OF FACTS....3

ARGUMENT.....5-7

I. APPELLANTS WITHDRAW OF THEIR APPEAL

IS APPROPRIATE IN THIS SITUTATION....5-6

II. APPELLANTS VOLUNTARY DISMISSAL OF THEIR

APPEAL IS WARRANTED IN THIS CASE AND

MUST BE GRANTED..6-7

CONCLUSION.7

CERTIFICATE OF SERVICE...8-9



43/52

ii

TABLE OF AUTHORITIES

Cases Page(s)

Third Circuit Court of Appeals

Frank's GMC Truck Center, Inc. v. General Motors Corp.,

847 F.2d 100, 102-03 (3d Cir. 1988).6

rd

U.S. District Court Eastern District of Pennsylvania

Prison Health Servs., Inc. v. Umar,2002 U.S. Dist. LEXIS 12267 (E.D. Pa. May 8, 2002).5

Mertz v. Houstoun, 155 F. Supp.2d 415 (E.D. Pa 2001)...5

Bieros v. Nicola , 857 F. Supp. 445, 446-47 (E.D. Pa. 1994)...5

PENNSYLVANIA RULES OF APPELLATE PROCEDURE

Page(s)

Rule 42(b)..1, 2, 5, 6, 7

In re Penn Cent. Transp. Co., 630 F.2d 183, 189-90 (3d Cir. 1980).7

Swartzwelder v. McNeilly 297 F.3d 228 (3 Cir. 2002)...5



44/52

1

COME NOW Appellants, Lisa Liberi [hereinafter Liberi]; Philip J. Berg,

Esquire [hereinafter Berg], the Law Offices of Philip J. Berg; Evelyn Adams

a/k/a Momma E [hereinafter Adams]; Lisa Ostella [hereinafter Ostella]; and

Go Excel Global by and through their undersigned counsel, Philip J. Berg, Esquire,

hereby Withdrawal their Appeal or in the Alternative Move to Voluntary Dismiss

Their Appeal pursuant to the Federal Rules of Appellate Procedure 42(b) [F.R.A.P.

42(b)] on the following grounds:

Appellants filed their Appeal on August 17, 2009 for the issuance of anImmediate [TRO] Temporary Restraining Order and/or Injunction to

Prohibit Defendant/Respondent Orly Taitz from further distribution ofAppellants, especially Appellant Liberis Social Security number; date of

birth; place of birth; mothers maiden name and other private confidentialinformation;

Appellants did not receive the cost of their Transcript from the lower

Court until April 16, 2010;

To date, no action has been taken by the Appellate Court and no briefing

schedule has issued; however, the lower Court has placed

Plaintiffs/Appellants case in suspense mode until resolution of theAppeal by the within Court;

Since the filing of the Appeal for the Temporary Restraining Order

and/or Injunction, Defendant/Respondent Taitz has continued herdistribution of Plaintiff Liberis Social Security number, date of birth,

place of birth, mothers maiden name and other private confidential

identifying information;

The damages caused by Defendant/Respondent Taitz are beyond repair

and a Temporary Restraining Order and/or Injunction will not prevent

the extensive further damages that have occurred since we filed this



45/52


46/52

3

I. STATEMENT OF FACTS:

This appeal arises from Defendant/Respondents Neil Sankey, Sankey

Investigations, Inc., The Sankey Firm, Inc. a/k/a The Sankey Firm; Orly Taitz, et

al; and Defend our Freedoms Foundations, Inc. illegal access to and distribution of

Plaintiff/Appellants private confidential data including but not limited to Appellant

Liberis full Social Security number; date of birth; place of birth; mothers maiden

name and other private confidential information. Defendant/Respondent Orly

Taitz, et al prior to her distribution and destruction of Appellant Liberi stated she

was going to take Philip J. Berg, Esquire down and to do so she would destroy his

paralegal, Lisa Liberi and anyone associated with them, which

Defendant/Respondent Taitz has admitted in her filings with the lower Court.

Defendant/Respondent Taitzs threat has been carried out.

Appellants/Plaintiffs filed for an Emergency TRO [Temporary Restraining

Order] and/or Injunction to Prohibit any further Distribution of Plaintiff Liberis

private confidential information. The lower Court denied Plaintiffs/Appellants

request for emergency relief on two (2) occasions. Appellants filed their

interlocutory Appeals of the lower Courts orders in attempts to prevent the further

distribution of private data and to prevent severe damages to the Appellants caused

by said distribution.



47/52

4

It should be noted however, Judge Robreno in the lower Court did order on

June 25, 2009 that Defendants, including Defendant Taitz, et al who was present in

Court, were not to publish and/or distribute anyones Social Security number.

Despite this, Defendant/Respondent Orly Taitz has continued her wide publication

and distribution of Appellant Liberis Social Security number, date of birth, place

of birth, mothers maiden name and other private confidential information. As a

result of Defendant/Respondent Taitzs failure to obey the lower Courts Orders,

Appellant Lisa Liberi and Lisa Ostella are now the full victims of full identity theft

and been placed in harms way, which have been reported to the proper law

enforcement agencies. An injunction or restraining order at this point will not

prohibit said damages.

Appellants filed their Interlocutory Appeal on or about August 17, 2009,

over eight [8] months ago. In December 2009, Judge Robreno in the lower Court

placed Plaintiff/Appellants case in suspense pending the outcome of the appeal.

Unfortunately, no action has been taken on the appeal and the damages to the

Appellants are beyond repair. At this point and juncture, a TRO [Temporary

Restraining Order] and/or Injunction will not prevent damages from incurring,

which is the sole purpose of an Emergency TRO [Temporary Restraining Order]

and/or Injunction. Thus, Appellants request is moot.



48/52

5

Since the Plaintiffs/Appellants have incurred such serious damages, it is

imperative for their case in the lower Court to move forward.

None of the Defendants/Respondents have entered their appearances in this

Appeal and therefore, have not incurred any expenses associated with this Appeal.

Thus, all parties are to bear their own costs and expanses. Nor, has this Court

issued a briefing schedule in the within Interlocutory Appeal.

For these reasons, Plaintiffs/Appellants respectfully Move to Withdraw their

Appeal or in the Alternative Move to Voluntarily Dismiss their Appeal pursuant to

F.R.A.P. 42(b).

II. APPELLANTS WITHDRAW OF THEIR APPEAL IS

APPROPRIATE IN THIS SITUTATION:

As stated herein, Appellants Withdrawal of their Interlocutory Appeal is

appropriate, as damages incurred pending the outcome of their appeal are severe

and a TRO [Temporary Restraining Order] and/or Injunction are moot at this point.

As this Court is aware, the request for a TRO [Temporary Restraining Order]

and/or Injunction is to prevent damages from incurring. See Swartzwelder v.

McNeilly, 297 F.3d 228, 234 (3rd Cir. 2002); Prison Health Servs., Inc. v. Umar,

Civil Action No. 02-2642, 2002 U.S. Dist. LEXIS 12267 (E.D. Pa. May 8, 2002).

The standards for a Preliminary Injunction and a TRO are the same. Mertz v.

Houstoun, 155 F. Supp.2d 415, 425 n.12 (E.D. Pa 2001); Bieros v. Nicola, 857 F.



49/52

6

Supp. 445, 446-47 (E.D. Pa. 1994). The irreparable harm requirement is only met

if a Petitioner demonstrates a significant risk that he or she will experience harm

that cannot adequately be compensated after the fact by monetary damages. See

Frank's GMC Truck Center, Inc. v. General Motors Corp., 847 F.2d 100, 102-03

(3d Cir. 1988).

Here, the damages have incurred since the filing of their Interlocutory

Appeal which a TRO [Temporary Restraining Order] and/or Injunction will not

prevent. Therefore, the Interlocutory Appeal is moot and Withdrawal thereof is

appropriate.

III. APPELLANTS VOLUNTARY DISMISSAL OF THEIR

APPEAL IS WARRANTED IN THIS CASE AND MUST BE

GRANTED:

Appellants have moved for Withdrawal of their Appeal or in the Alternative

Voluntary Dismissal of their Appeal pursuant to Federal Rules of Appellate

Procedure, Rule 42 (b) [F.R.A.P. 42(b)]. F.R.A.P. 42(b) states:

F.R.A.P. 42(b) - Dismissal in the Court of Appeals

The circuit clerk may dismiss a docketed appeal if the parties file a

signed dismissal agreement specifying how costs are to be paid and

pay any fees that are due. But no mandate or other process may issue

without a court order. An appeal may be dismissed on the appellants

motion on terms agreed to by the parties or fixed by the court.



50/52

7

In the case at bar, the Appellees have never entered their appearance and

therefore have not bore any costs and there are absolutely no terms to agree too.

Appellants agree to bear their own costs. In addition, no briefs and/or Appendices

have been prepared, as this Court has not issued a briefing schedule.

There is not any reason for this Court to deny Appellants Motions to

Dismiss the Appeal, as the Appellees will not be burdened by the dismissal of this

appeal. See In re Penn Cent. Transp. Co., 630 F.2d 183, 189-90 (3d Cir. 1980)

(explaining standard for granting motions for voluntary dismissal); F.R.A.P. 42(b).

For these reasons, Appellants Withdrawal of their Appeal should be granted

or in the alternative treated, as a Motion to Dismiss their Appeal must be granted.

IV. CONCLUSION:

For the reasons stated herein, Appellants Withdrawal of their Appeal

should be granted. In the alternative Appellants have sought Dismissal of their

Appeal pursuant to F.R.A.P. 42(b) which is appropriate and must be granted.

Respectfully submitted,

Dated: April 21, 2010 ____________________________ Philip J. Berg, Esquire555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531(610) 825-3134


s/ Philip J. Berg



51/52

8




FOR THE THIRD CIRCUIT

__________________________

LISA LIBERI, et al,


v.

ORLY TAITZ, et al,


__________________________

CERTIFICATE OF SERVICE

_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellants Request to

Withdrawal their Appeal or in the alternative to Dismiss their Appeal pursuant to

F.R.A.P. 42(b) was served this 21st day of April 2010 electronically upon the

following Appellees:

Orly Taitz

Defend our Freedoms Foundation, Inc. (unrepresented)26302 La Paz Ste 211Mission Viejo, CA 92691


And by Fax to (949) 766-7603



52/52

CERTIFICATE OF SERVICE, Continued

Neil Sankey

The Sankey Firm, Inc. a/k/a The Sankey Firm (unrepresented)Sankey Investigations, Inc.2470 Stearns Street #162

Simi Valley, CA 93063Email: [email protected]

Linda Sue Belcher201 Paris

Castroville, Texas 78009

Email: [email protected] andEmail: [email protected]

Ed HaleCaren Hale

Plains RadioKPRN

Bar H Farms1401 Bowie Street

Wellington, Texas 79095Email: [email protected];[email protected];

ed@barhfarnet; and [email protected]

________________________

PHILIP J. BERG, ESQUIRE

s/ Philip J. Berg


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