Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 1 of 6 Page ID

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1 Philip J. Berg, Esquire

2
Pennsylvania I.D. 9867
LAW OFFICES OF PHILIP J. BERG
3 555 Andorra Glen Court, Suite 12
4 Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney in pro se and for Plaintiffs
6
Lisa Ostella and
7 Go Excel Global, Plaintiffs
8 c/o Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
9
Lafayette Hill, PA 19444-2531
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11
Lisa Liberi, Plaintiff
c/o Philip J. Berg, Esquire
12 555 Andorra Glen Court, Suite 12
13 Lafayette Hill, PA 19444-2531

14 UNITED STATES DISTRICT COURT

15 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION
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LISA LIBERI, et al, :
18 : CIVIL ACTION NUMBER:
:
19 Plaintiffs, : 8:11-cv-00485-AG (AJW)
:
20 :
vs. : PLAINTIFFS NOTICE OF
21 :
: MOTION AND MOTION FOR
22 ORLY TAITZ, et al, : LEAVE TO FILE A FIRST
: AMENDED COMPLAINT; and FOR
23 :
Defendants. : AN ORDER REQUIRING THE
24 : PARTIES TO SEEK LEAVE OF
:
25 : COURT PRIOR TO THE FILING
: OF ANY MOTIONS or PAPERS
26 :
: Date of Hearing: May 31, 2011
27 : Time of Hearing: 10:00 a.m.
: Location: Courtroom 10D
28 :

Liberi, et al Motion for Leave to file a 1st Amended Complaint… 1

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1 PLANITIFFS NOTICE OF MOTION and MOTION FOR ORDER

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GRANTING LEAVE TO PLAINTIFFS TO FILE A FIRST AMENDED
COMPLAINT; and FOR AN ORDER THAT LEAVE MUST BE GRANTED
3 BY THE COURT PRIOR TO THE FILING OF ANY MOTIONS
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5 COMES NOW Plaintiffs, Philip J. Berg, Esquire [hereinafter at times
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“Berg”]; Lisa Ostella [hereinafter at times “Ostella”]; Lisa Liberi [hereinafter at
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8 times “Liberi”], Go Excel Global and the Law Offices of Philip J. Berg and files

9 the within Notice of Motion; Motion; Memorandum of Points and Authorities; and
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Declaration of Philip J. Berg, Esquire seeking Leave to file a First Amended
11
12 Complaint; and for an Order that Leave must be Granted by the Court prior to the
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filing of any Motions. In support hereof, Plaintiffs aver the following:
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1. Although Plaintiffs have provided a Hearing date of May 31, 2011, it

16 is Plaintiffs position that a Hearing is not required for an Order Granting Leave for
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Plaintiffs to file their First Amended Complaint; and/or for an Order requiring an
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19 Order of the Court Granting Leave prior to the filing of any Motions. However, if
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this Court feels a Hearing is necessary, Plaintiffs are requesting the Hearing date to
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be moved to May 9, 2011, as the parties will be present before the Court on
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23 Defendant Taitz’s Motion to “Terminate” Philip J. Berg, Esquire from representing
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the Plaintiffs.
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26 2. Filed concurrently herewith is Plaintiffs Application for an Ex Parte
27 Order or in the alternative an Order Shortening Time for Defendants to Respond to
28

Liberi, et al Motion for Leave to file a 1st Amended Complaint… 2

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1 Plaintiffs Motion Seeking Leave to file a First Amended Complaint; and an Order
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that Leave must be Granted by the Court prior to the filing of any Motions.
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4 3. In regards to the alternative, Plaintiffs have requested the Court to
5 shorten the time, Plaintiffs are asking that Defendants Respond to their Motion on
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or before May 4, 2011; and Plaintiffs Reply thereto, if any, be due on or before
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8 May 6, 2011, with the Hearing, if the Court deems it necessary, to be held on May
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9, 2011 along with Defendant Taitz’s Motion to “Terminate” Philip J. Berg,
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11 Esquire from representing the Plaintiffs.

12 4. Not only are Plaintiffs’ counsel having to fly into California for the
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Hearings, Defendant Orly Taitz on behalf of herself and Defend our Freedoms
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15 Foundations, Inc. have filed an Anti-SLAPP Motion and Motion to Dismiss
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pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Although improper, as these
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Motions have already been filed and adjudicated, a Court date is nevertheless set

19 for May 23, 2011 and Plaintiffs must respond by the appropriate time. As this
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Court is aware, the filing of a First Amended Complaint moots any pending
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22 Motions to Dismiss, including Anti-SLAPP Motions and therefore would also
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moot the Court date of May 23, 2011; and Plaintiffs requirement to respond to
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Defendant Taitz’s Motion.
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Liberi, et al Motion for Leave to file a 1st Amended Complaint… 3

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1 5. Good Cause exists for this Court to grant Plaintiffs Leave to File a
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First Amended Complaint. The case was originally brought in Pennsylvania, and
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4 therefore is not compliant with the California laws and/or rules.
5 6. This Motion is made following the conference of counsel, which took
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place on April 27, 2011, pursuant to this Court’s L.R’s. 7-3 and 7-19.
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8 7. This Motion is based upon this Notice of Motion, Motion,
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Memorandum of Points and Authorities in Support hereof; Declaration of Philip J.
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11 Berg, Esquire; and upon records on file with this Court and such further oral and/or

12 documentary evidence that may be presented at the time of the Hearing, if the
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Court finds a Hearing necessary.
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15 8. Plaintiffs have not previously requested Leave to Amend their
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Complaint; and Plaintiffs bring this timely Motion as the case was just transferred
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to this District. Defendants will not be prejudiced by allowing Plaintiffs to Amend

19 their Complaint.
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9. For the reasons stated herein, and for Good Cause Show, Plaintiffs
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22 respectfully request this Court to Grant their Motion to Amend their Complaint;
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and Grant their Request for an Order that all parties must seek Leave of Court prior
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to the filing of any Motions.
25
26 //
27 //
//
28 //

Liberi, et al Motion for Leave to file a 1st Amended Complaint… 4

Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 5 of 6 Page ID
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1
Respectfully submitted,
2
3
4 Dated: April 29, 2011 /s/ Philip J. Berg
5 Philip J. Berg, Esquire
Pennsylvania I.D. 9867
6 LAW OFFICES OF PHILIP J. BERG
7 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
8
Telephone: (610) 825-3134
9 E-mail: philjberg@gmail.com
10
Attorney for the other Plaintiffs
11
12
Dated: April 29, 2011 /s/ Lisa Ostella
13 LISA OSTELLA, Plaintiff
14 c/o Philip J. Berg, Esquire
LAW OFFICES OF PHILIP J. BERG
15 555 Andorra Glen Court, Suite 12
16 Lafayette Hill, PA 19444-2531
17
18 Dated: April 29, 2011 /s/ Lisa Liberi
LISA LIBERI, Plaintiff
19
c/o Philip J. Berg, Esquire
20 LAW OFFICES OF PHILIP J. BERG
21 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
22
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Liberi, et al Motion for Leave to file a 1st Amended Complaint… 5

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Liberi, et al Motion for Leave to file a 1st Amended Complaint… 6