lincoln v daylight chemical, et al. - 43.6 - # 6 exhibit part 2 59 e and motion for sanctions, -...

8/7/2019 LINCOLN v DAYLIGHT CHEMICAL, et al. - 43.6 - # 6 Exhibit part 2 59 E and motion for sanctions, - 031111763360.4

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wrote. "This court has grown weary of Mr. Berg's continuous and brazendisrespect toward this court and his own clients. Mr. Berg's actions ... are anenormous waste of judicial time and resources that this court cannot, in goodconscience, allow to go unpunished," Joyner wrote. ln the suit, Berg is accused oflegal malpractice by former clients who claim his failure to respond to an ERISAclaim against them led to a default judgment. But the sanctions against Berg stemfrom his decision to file a third-party counterclaim of fraud against a pension fundthat had sued his former clients, according to court papers. Joyner blasted Bergfor filing the fraud claim, calling it an "irresponsible decision" because the claimwas "utterly barren of any scintilla of legal principles." Berg's motion was rejectedand a default judgment of more than 55,300 was entered against his clients. Thejudgment swelled to more than S10,000 when Carpenters Health latersuccessfully moved for a supplementaljudgment to recover more than $4,700 inattorney fees for its efforts in responding to Berg's untimely motions. Holsworthand his wife later filed a legal malpractice suit against Berg in the PhiladelphiaCounty Court of Common Pleas, alleging that Berg negligently failed to representthem in the Carpenters Health case. A year later, in February 2AO5, Berg moved tojoin Carpenters Health as a third-party defendant in the malpractice suit,demanding more than 520,000 in damages. ln his counterclaim, Berg alleged that

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Case 8:10-cv-01573-AG -PLA Document 43-6 Filed 02/15/11 Page 1 of 10 Page ID#:1151


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the ERISA suit filed by Carpenters Health in 2001, which led to the malpracticeclaim against him, was "a fraud upon the court and a fraudulent taking from theHolsworths."Carpenter Health's lawyers removed the case to federal court andfiled a motion to dismiss the claim. Joyner agreed, finding that Berg's fraud claimwas "frivolous" and was motivated by an intent "to harass Carpenters Health andthe Holsworths, as well as to delay and disrupt the administration of justice." Theclaim was fatally flawed, Joyner found, because Berg had no standing to bring suitagainst Carpenters Health and had "failed to conduct even a minimally reasonableinquiry before filing his complaint." Granting summary judgment in favor ofCarpenters Health, Joyner said he found it "wholly unnecessary" even to considerthe facts of the ERISA case because it was "abundantly clear" that CarpentersHealth was entitled to a judgment as a matter of law. Joyner invited CarpentersHealth to file a motion for Rule 11 sanctions. When it did, Joyner found that Berg"continued his trend of unprofessional conduct "... "Berg's fraud claim, Joynersaid, was "inadequately pled, not grounded in fact, time-barred, and utterlyirrelevant to the pending malpractice action against him."..."ln his sanctionsorder, Joyner ordered Berg to reimburse carpenters Health the S10,6G8 inattorney fees and costs it incurred in defending the claim. He also ordered Berg tocomplete six credits of ethics courses certified by the Pennsylvania Board of

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Continuing Legal Education, and recommended that Berg be investigated by thePennsylvania Bar Association's Committee on Legal Ethics and ProfessionalResponsibility."

Similarly Berg demanded disbarment of the Supreme court Justices Sandra DayO'Connor, Antonin Scalia and Clarence Thomas.http ://en.wi ki ped ia.orglwi kilPh i I i p J._Berg

In October 2004,Berg filed Rodrisuez v. Bush 04-4952 Eastem District of PA, accusing thePresident of the United States and 155 other parties of complicity in the 9/11 attacks.This 237-page civil lawsuitffi included allegations pursuant to the RICO (Racketeer Influencedand Corrupt Organizations Act) against The United States Of America. the Federal Emergenr;vManagement Agencv, the Department of Homekurd Security. George Herbq! Walker Bush,George Walker Bush, Richard Cheney, Donald H. Rumstkkl.and numerous others, totaling 156defendants in the U.S. District Court for the Eastern District of Pennsylvania.This lawsuit made hundreds of allegations "...; that phone calls made by some of the victims, asreported by their family members, were not actually made but were "faked" by the govemmentusing "voice morphing" technology; that a missile, not American Airlines Flight 77, struck thePentagon; that United Airlines Flight 93 was shot down by the U.S. military; that the defendantshad foreknowledge of the attacks and actively conspired to bring them about; that the defendantsengaged in kidnapping, arson, murder, treason, conspiracy, trafficking in narcotics,embezzlement, securities fraud, insider trading, identity and credit card theft, blackmail,trafficking in humans, and the abduction and sale of women and children for sex. "http ://en.wi ki ped ia.o rglwi kilP hil i p J._Be rgRodriguez v Bush was originally brought in front of Your Honor, in EasternDistrict of PA, it was eventually transferred to NY and dismissed on all countsagainst all plaintiffs.

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At the same time, in 20A4-2A06, when Liberi was incarcerated, she filed multiplefrivolous legal actions. Her first legal action Liberi v Sheriff's department et al5:04-cv-01524-VAP was a 30 million dollar case against multiple individuals,including District attorneys' office, her prior attorneys, judges, sheriffs'department, policemen and detectives and many others. lt was a frivolous tegalaction, which caused an enorrnous emotional distress and financial hardships tomany, it was dismissed after her attorney was sanctioned multiple times andafter her attorney dropped Liberi as a client. Not satisfied, Liberi filed pro se yetanother frivolous RICO law suit for SZAO million against the San BernardinoCounty, CA, West Valley Correctional facility, district attorneys, police officers,police detectives, numerous law enforcement officials Lisa Liberi v West VallevCenter et al 2:05-cv-03015-VAP-SGL. ln a similar modus operandi she accusedmultiple innocent individuals of committing crimes. Her legal action wasdismissed. As shown in these examples, Both Liberi and Berg have a history andmodus operandi of filing multimillion dollar law suits for the sole purpose ofharassment. They caused immeasurable financial and emotional damage to thedefendants and they need to be stopped now. This court has inherent powers topunish egregious misconduct by an attorney and Appellees. Dismissal ofunderlying legal action, sanctions, award of attorneys' fees and costs to the

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Appellants are appropriate. Sanctions and reporting Philip J Berg to theDisciplinary Board of the PA Suprerne Court is appropriate. On February 23,2AtLa three member panel is conducting a disciplinary hearing against Philip Berg. ltwill benefit the public at large, if this court sanctions Berg for egregious attorneymisconduct and forwards the records of these proceedings to the 02.23.2O1,!Disciplinary hearing for the members of the panel to see a full picture of Berg'smisconduct. It will be appropriate for this court to sanction Lisa Liberi for heregregious fraud on the court and forward such findings to San Bernardino, CAprobation department. ln GMAC bank v HTTFC 248 FRD 182 (E.D. Pa. 2008) YourHonor sanctioned attorney Ziccardi 5Z9,3ZZ.A1. for his client's behavior duringone deposition. Here we have a case of egregious misconduct and attorneysimply manufacturing outrageous allegations and accusations of capital crimesof murder for hire and kidnapping without a SHRED OF EVIDENCE and with asole purpose of harassment, silencing the whistle blowers, causing severeemotional distress and severe economic damages for a year and a half. tfplaintiffs and Berg are not sanctioned now, they will continue the same conductand will cause more damage to the Defendants and the public at large.

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CONCLUSION

Defendants respectfu I ly req uest1. Correction of a material flagrant error in 12.23.2010 memorandum and

order. lnstead of "Lisa Liberi is a resident of PA", the order needs to statethat Liberi provided her attorney's business address in PA as her address,however she never filed with court any documentary evidence of heraddress in PA or any other state. Liberi admitted that she is a convictedfelon and that she was convicted in 2008 in California. Defendants provideda summary of her 2008 conviction of California, which includes L0 feloniesand a provision of her probation, allowing her to reside only in California orwith her relatives in New Mexico. Defendants are residents of California. Asthe Plaintiffs never filed any documentary evidence of Liberi's statecitizenship, no federal district court can assert jurisdiction over this case inDiversity of state citizenship and the court has no other choice, but todismiss this action due to lack of subject matter jurisdiction under FRCP 59E and 60 B.2. Sanctions against the plaintiffs and their attorney Philip J. Berg 525,000 foracting with malice and filing a frivolous legal action for the purpose ofharassment, for defrauding the court in relation to Liberi's state citizenship.3. Sanctions against the Plaintiffs and their attorney Philip J. Berg 525,000 forcommitting fraud on the court and filing a legal action claiming that Liberiwas a different person, slandered by the defendants' publication, whileknowing that she is indeed a convicted felon from California, and that shedid not reside in Pennsylvania.4. Sanctions against the Plaintiff's attorney Philip J. Berg SS0,0OO for actingwith malice and making up allegations accusing the defendants of capitalcrimes of kidnapping and attempt to hire a hit man to kill Liberi without anyevidence to such allegations and with the goal to attempt to hide non-existent Pennsylvania drivers license.

ATTORNEY,S CERTIFICATE OF SERVICE01.22.2011,59 E and 60 B motion to dismiss due to lack of subject matter jurisdiction and motion for

sanctions against the Plaintiffs and their attorney Philip J. Berg26



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IHEREBY CERTIFY THAT A TRUE A]rID CORRECT COPY OF THE:

59 E, 60 B MOTIONS TO CORRECT ERRORS IN T2.23.2010 MEMORANDI'M ANDORDER AND TO DISMISS TI{E CASE DUE TO LACK OF SIIBIECT MATTERJTIRISDICTIONMOTION FOR SANCTIONS AGAINST TIIE PLAINTIFFS AND PLAINTIFFS'ATTORNEY PHILIP J. BERG

was served by mail or electronic mail on 0r.22.201 1, on the following parties:

Neil SankeyThe Sankey Firm, Inc. akJa The Sankey FirmSankey Investigations, Inc.2470 Stearns Street #162Simi Valley, CA 93063Phone: (805) 520_]15land (818) 366_0919Cell Phone: (818) 212_7615FAX: (805) 520_5804 and (818) 366_1491Email: nsankey@thesankeyfi rm. com

Linda Sue Belcher201 ParisCastroville, Texas 78009Home Phone: (830) 538_6395

0!.22.241159 E and 60 B motion to dismiss due to lack of subject matter jurisdistion and motion forsanctions against the Plaintiffs and their attorney philip J. Berg27



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Cell Phone: (830) 931_1781Email : Newwome nsparty@aol. com andEmail : startbuzz@sbc global. net

Ed HaleCaren HalePlains RadioKPRNBar H Farms1401 Bowie StreetWellington, Texas 79095Phone: (806) 447 _0010 and (806) 447 _0270Email: [email protected] andEmail : barhfarms @gmail. com and [email protected]

Philip Berg, Esq.Lisa Liberi cloLaw Office of Philip Berg555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444 2531(610) 82s_3r34FAX (610) 834_76s9E_Mail : philjberg@gmail. com

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Public lntegrity Section

Department of Justice

950 Pennsylvania Ave, NW

Washington DC 20530-000L

Disciplinary BoardSupreme Court of PA82O Adams Ave, ste 170Trooper, PA 19403

k/ ArLy Taitz

Dr. Orly Taitz, Esq01.22.201"L

PROPOSED ORDER

UNITED STATES DISTRCT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA

01,.22.2A1,159 E and 60 B motion to dismiss due to lack of subject matter jurisdiction and motion forsanctions against the Plaintiffs and their attorney Philip J. Berg 29



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LISA LIBERI, ET AL.,

PLAINTIFFS,

ORTYTAITZ" ET AL.

DEFENDANTS

V.

II Clvlt ACTION NO. 2:09-CV-01898-ER$

I5

ORDERAND NOW, TH|S_DAY OF JANUARY-*----------2O'J"!,lT lT HEREBYORDERED AND DECREED TO GRANT DEFENDANT'S 0!.22.2011 59 E AND 60 B MOTION AND MOTIONFOR SANCTIONS AGAINST THE PLAINTIFFS AND PLAINTIFF'S ATTORNEY PHILIP J. BERG

IT IS SO ORDERED

DATE JANUARY_2011 US DISTRICT JUDGEEDUARDO ROBRENO

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lincoln v daylight chemical, et al. - 43.6 - # 6 exhibit part 2 59 e and motion for sanctions, -...

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