Case: 10-3000 Document: 003110363175 Page: 1 Date Filed: 11/30/2010

Case No. 10-3000

_______________________________________________________
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_______________________________________________________
LISA LIBERI, et al,
Plaintiffs’ – Appellees’,
v.
ORLY TAITZ, et al,
Respondents’ – Appellants’.
______________________________________________________

On Appeal from the U.S. District Court, Eastern District of Pennsylvania,

Case No. 09-cv-01898 ECR
Judge Eduardo C. Robreno
______________________________________________________

APPELLEES MOTION TO STRIKE APPELLANTS REPLY BRIEF FILED

11/22/2010 AND APPELLANTS REPLY FILED 11/29/2010 TO APPELLEES
RESPONSE TO APPELLANTS MOTION FOR SANCTIONS
_______________________________________________________

Appellees’ respectfully move this Court to Strike Appellants Reply Brief

filed November 22, 2010 as it contains matters outside the record for the Appeal

and contains matters that do not relate to Appellees Brief.

Appellees also move to Strike Appellants Reply filed November 29, 2010 to

the Appellees Response to Appellants Motion for Sanctions as it contains matters

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outside the record for the Appeal, it exceeds the allowable pages, and contains

matters that do not relate to Appellees Response. In support thereof, Appellees set

forth the following:

1. The instant Appeal challenges the District Court's Order Granting

Dismissal of Defendants James Sundquist and Rock Salt Publishing and the Court's

Order Severing and Transferring the underlying Case to Texas and California.

2. Appellants sought Sanctions against the undersigned and the

Appellees Witness, Shirley Waddell in their Opening Brief, prior to the Appellees

having a chance to respond to the Appellants Brief. Appellees pointed out that

Appellants Request for Sanctions in their Appellants Brief was completely

improper and in violation of Fed. R. App. P. 38 and Fed. R. Civ. P. 11.

3. Appellees filed their Response Brief on November 7, 2010.

Appellants filed a Reply on November 22, 2010, which contained matters that

were not part of the record regarding the issues being Appealed and not

Responsive to the Appellees Brief whatsoever. In particular is Appellants Reply at

pages 13 through 18 and pages 19 through 31.

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4. Thereafter, Appellants filed a Motion for Sanctions against the

undersigned and asked that Appellees Brief be Stricken. Appellees opposed

Appellants Motion and pointed out that not only was Appellants asking for

Sanctions for litigation not before this Court, the Appellants also failed to address

and/or cite any type of legal authority, statutes or cognizable arguments as to why

the Appellees Brief should be Stricken or Sanctions issued.

5. In response thereto, Appellants filed a rambling Reply on November

29, 2010, which failed to address any of the issues raised in the Appellees

Response in violation of Fed. R. App. P. 27(a)(4). Moreover, Appellants Reply

exceeds the page limits in violation of Fed. R. App. P. 27(d)(2).

6. Furthermore, Appellants Reply as well as all their filings, contain

matters which were not and are not part of the record pertaining to the issues under

Appeal or the issues they attempt to raise in asking this Court for Sanctions or to

Strike Appellees Brief.

7. It is well established that a reviewing Court may not consider

evidence or matters that are not part of the record. See United States v. Donsky,

825 F.2d 746, 749 (3d Cir. 1987); Fed. R. App. P. 10. See also Fassett v. Delta

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Kappa Epsilon (New York), 807 F.2d 1150, 1165 (3d Cir. 1986) ("The only proper

function of a court of appeals is to review the decision below on the basis of the

record that was before the district court.").

8. Thus, this Court must strike Appellants Reply Brief, see Donsky 825

F.2d at 749; Fed. R. App. P. 10; and Fassett v. Delta Kappa Epsilon (New York),

807 F.2d 1150, 1165 (3d Cir. 1986).

WHEREFORE, for the foregoing reasons, Appellees respectfully move this

Court to Strike Appellants Reply Brief filed November 22, 2010 and Appellants

Reply filed November 29, 2010 to Appellees Response to Appellants Motion for

Sanctions and to Strike Appellees Brief.

Respectfully submitted,

Dated: November 30, 2010 s/ Philip J. Berg

____________________________
Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Ph: (610) 825-3134
Fx: (610) 834-7659
PA I.D. 9867
Email: philjberg@gmail.com

Attorney for the Appellees’

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U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 10-3000

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT
_____________ Ο _____________

LISA LIBERI, et al,

Plaintiffs’ – Appellees’,
v.
ORLY TAITZ, et al,
Respondents’ – Appellants’.
_____________ Ο _____________

CERTIFICATE OF SERVICE
_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellees Motion to Strike

Appellants Reply Brief filed November 22, 2010 and Appellants Reply filed

November 29, 2010 to Appellees Response to Appellants Motion for Sanctions

was served this 30th 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 211
Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com

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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 93063
Email: nsankey@thesankeyfirm.com

Linda Sue Belcher

201 Paris
Castroville, Texas 78009
Email: Newwomensparty@aol.com and
Email: starrbuzz@sbcglobal.net

Ed Hale
Caren Hale
Plains Radio
KPRN
Bar H Farms
1401 Bowie Street
Wellington, Texas 79095
Email: plains.radio@yahoo.com; barhfarms@gmail.com;
ed@barhfarnet; and ed@plainsradio.com

s/ Philip J. Berg
________________________
PHILIP J. BERG, ESQUIRE
Attorney for the Appellees'