LIBERI, et al v TAITZ, et al - ECF FILER: Request for Judicial Notice of Larry Sinclair's Affidavit and Exhibit A to Larry Sinclair's Affidavit

1

U.S. District Court,Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR Court of Appeals No. 09-3403

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

Ο

_____________

LISA LIBERI, et al,

Plaintiffs’ – Appellants’,v.

ORLY TAITZ, et al,

Respondents’ – Appellees’. ____________

Ο

_____________

APPELLANTS’ REQUEST FOR JUDICIAL NOTICE

_____________________

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD

:Please Take Notice that 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 throughtheir undersigned counsel, Philip J. Berg, Esquire, hereby submits this Request for Judicial Notice of the Affidavit of Larry Sinclair filed in the United States District Court, Eastern Districtof Pennsylvania, Case No. 09-cv-01898 ECR, Appellant’s (Plaintiffs’) Case herein.Appellants’ request this Court to take Judicial Notice, pursuant to Federal Rules of Larry Sinclair’s Affidavit is imperative to the Appellants’ case herein as it shows further libel and slander by Appellee Orly Taitz and the fact Orly Taitz has also filed falsified, alteredEvidence 201, of the Affidavit of Larry Sinclair attached hereto as

EXHIBIT “

1

”

.

Case: 09-3403 Document: 00319882502 Page: 1 Date Filed: 10/31/2009

2

and forged documents as genuine in Appellants’ (Plaintiffs’) case herein. Moreover, Appellants’have pointed out documents which Appellee Orly Taitz, Appellee Neil Sankey and AppelleeLinda Sue Belcher have created; manipulated; and forged documents bearing Appellant’s Liberiand Ostella’s names, while filing them with the Court as genuine, which further substantiates thenecessity of a Temporary Restraining Order and/or Injunction. Additionally, amongst other things, Appellee Orly Taitz filed false police reports against Liberi and Ostella with several lawenforcement agencies; and Ms. Taitz requested Lisa Ostella to lie to the Federal Bureau of Investigations to substantiate Ms. Taitz false police reports regarding hacking, which never occurred. When Ms. Ostella denied Ms. Taitz request, Ms. Taitz began slandering, libeling andthreatening Ms. Ostella, her children and family. Again, this necessitates the need for anemergency temporary restraining order and/or injunction. These are further criminal activitiesagainst the Appellants’ and the Court.“A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurateand ready determination by resort to sources whose accuracy cannot reasonably be questioned.”Fed. R. Evid. §201(b);

Easy Sportswear, Inc. v. Am. Econ. Ins. Co

., 2008 U.S. Dist. LEXIS51402 (D. Pa. 2008);

Nationwide Life Ins. Co. v. Commonwealth Land Title Ins. Com

., 2005 U.S.Dist. LEXIS 24479 (E.D. Pa. 2005);

In re NAHC, Inc. Sec Litig

, 306 F.3d 1315 (3d Cir. 2002)“[a] court shall take judicial notice if requested by a party and supplied with the necessaryinformation.” Fed. R. Evid. 201(d),

Easy Sportswear, Inc.

, 2008 U.S. Dist. LEXIS 514002 (D.Pa 2008) at *2.It is firmly established that Requests for Judicial Notice are proper “only to the extentthat the noticed facts are relevant to an issue” that is before the Court. The attached Affidavit of

Case: 09-3403 Document: 00319882502 Page: 2 Date Filed: 10/31/2009

3

Larry Sinclair is on file with the United States District Court, Eastern District of Pennsylvania,Case No. 09-cv-01898 ECR, which Appellants’ are requesting Judicial Notice of, are of the typethat have previously been admitted by Judicial Notice in the Third Circuit. This includesdocuments integral to or explicitly relied upon in the Plaintiffs’ Complaint and the reasonsPlaintiffs’ were forced to bring suit against the Appellees’. The Affidavit of Larry Sinclair,which Appellants’ are requesting Judicial Notice of, are directly related to this within action andare relevant to the issues herein.

In re Ravisent Techs., Inc. Sec. Litig

., 2004 U.S. Dist. LEXIS132355 (D. Pa. 2004)For the above aforementioned reasons, Appellants’ respectfully request this Court to takeJudicial Notice of the Affidavit of Larry Sinclair filed with the lower Court in Appellants’(Plaintiffs’) Case,Respectfully submitted,Dated: October 31, 2009 _

___________________________ Philip J. Berg, Esquire555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531(610) 825-3134

Attorney for the Appellants’

Case: 09-3403 Document: 00319882502 Page: 3 Date Filed: 10/31/2009