Case: 10-3000 Document: 003110354767 Page: 1

Date Filed: 11/20/2010

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. __________________________________________________________________ APPELLEES RESPONSE IN OPPOSITION TO APPELLANTS MOTION FOR SANCTIONS AND TO STRIKE APPELLEES BRIEF __________________________________________________________________ On Appeal from the United States District Court For the Eastern District of Pennsylvania Case No. 09-cv-01898-ECR __________________________________________________________________ Philip J. Berg, Esquire LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Email: philjberg@gmail.com PA I.D. No. 09867 Attorney for Appellees

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TABLE OF CONTENTS Pages
TABLE OF CONTENTS……………….………………………………….……….….i TABLE OF AUTHORITIES……………………………………….……………....ii-iii STATEMENT OF FACTS………………………………………….………………1-9 ARGUMENT………………………………………………..………….………….9-14 I. II. 28 U.S.C. § 1927 is Inapplicable and Sanctions are Not Warranted……………………………………………………….…....9-13 Appellants Request to have Appellees Brief Stricken Is Frivolous and without Merit………………………….………….13-14

CONCLUSION………………….………………………….…………..……………15 CERTIFICATE OF SERVICE……………………………………………..…….16-17 Exhibit “A ” Exhibit “B” Exhibit “C” Exhibit “D” Exhibit "E" Exhibit "F" Nov. 10, 2010 Order of Non-Compliance Served upon Appellant Orly Taitz Nov. 10, 2010 Email fraudulently set-up using Appellee Lisa Liberi's Name Copies of Website set-up Fraudulently using Appellee Lisa Liberi's Name Feb. 2, 2010 3rd Circuit Order to Show Cause served Upon Court Reporter, Joan Carr Feb. 17, 2010 Joan Carr's Response to the 3rd Circuit's Order to Show Cause April 21, 2010 Appellants (Appellees herein) Motion To Withdraw their Appeal or in the Alternative to Dismiss their Appeal in Liberi, et al v. Taitz, et al Case No. 09-3403

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TABLE OF AUTHORITIES

CASES:

Page(s)

Baker Industr. Inc. V. Cerberus, Ltd., 764 F.2d 204 (3d Cir. 1985)……..….…….12 Hackman v. Valley Fair, 932 F.2d 239 (3d Cir. 1991)…………………….….11, 12 In Re: David Leroy Beers, 2010 U.S. App. LEXIS 22475 (3d Cir. 2010…....……11 In re Prudential Ins. Co. Am. Sales Practice Litig. Agent Actions, 278 F.3d 175 (3d Cir.2002)…………………………………………………....11, 12 LaSalle Nat'l Bank v. First Connecticut Holding Group, 287 F.3d 279 (3d Cir. 2002)…………………………………………..….……11, 12 Liberi, et al v. Taitz, et al, 3rd Circuit Court of Appeals, Case No. 09-3403……………………………………….……………..……..5, 7, 10 Lisa v Fournier Marine Corp., 866 F2d 530 (1st Cir. 1989)………….………....9, 10 Plattenburg v Allstate Ins. Co., 918 F2d 562 (5th Cir. 1990)……….……....…...…10 Westinghouse Electric Corp. v NLRB, 809 F2d 419 (7th Cir. 1987)………...…........9 Williams v. Giant Eagle Markets, Inc., 883 F.2d 1184 (3rd Cir.1989)……..….…..12 FEDERAL STATUTES Page(s) 28 U.S.C. § 1927………………………………………………………..….9, 11, 12

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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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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

1

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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 identity documents in Appellee Lisa Liberi's name.

2

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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 NonCompliance 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,

3

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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 to Federal 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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recitations of the underlying case, falsification of documents filed in both the Lower Court and this very Court. It should be noted, Appellant Taitz has copied a previous filing of the Appellees, as noted by Appellant Taitz's cover to her instant Motion. In August 2009, Appellees (at that time they were the Appellants) filed an Appeal regarding a Restraining Order. See Liberi, et al v. Taitz, et al, U.S. Court of Appeals for the Third Circuit, Case No. 09-3403. Due to the continued illegal acts of Appellant Taitz, Appellees moved to Withdraw and/or Dismiss their Appeal on April 21, 2010, as the Restraining Order was moot due to the damages already sustained. Taitz filed her Opposition. Appellees filed a Motion to Strike Taitz's Opposition to their Motion to Dismiss their Appeal as it did not pertain to the issues before the Court. Appellant Taitz copied the Appellees cover and that is why Appellant Taitz's cover to her Motion for Sanctions states "Motion for for [sic] Sanctions and Costs and Motion to Strike Appellees’ Brief by Appellees Orly Taitz and Defend Our Freedoms re: Appellant’s Motion to Dismiss Appeal". Appellant Taitz has not moved or filed any motion to dismiss her appeal as indicated on her cover to her Motion for Sanctions and Taitz is the Appellant, not the Appellee. Appellant Taitz claims in her Motion at page 5, "Taitz has provided the court with a positive ID of Liberi's mug shot" [emphasis added]. This is not true.

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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

convictedfelon@lisaliberi.com 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

6

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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

8

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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 Taitz

http://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 this case. 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 the legal theories under which Plattenburg seeks to recover--that is, a brief that cites no relevant Texas cases. She has filed a brief devoted almost entirely to discussing summary judgment with respect to ordinary automobile negligence, a non-issue in this case. This brief also fails to make even one citation to the record where relevant, as required by Fifth Circuit Rule 28.2.3. In sum, disposing of this appeal has vexatiously consumed our time and Allstate's money. A sanction of $500.00, payable to Allstate, will serve as a warning to Jamilah and other counsel to choose wisely what appeals they will bring to this court." Taitz citing of Lisa 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 in In 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 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

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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 STRICKEN is FRIVOLOUS and WITHOUT MERIT: BRIEF

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,

13

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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
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 Appellants’

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U.S. District Court, Eastern District of Pennsylvania Court of Appeals No.

Case Number: Case Number:

09-cv-01898 ECR 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 _____________ 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 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

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EXHIBIT "A"

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

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
10-3000 Lisa Liberi v. Orly Taitz 2-09-cv-01898

ORDER
The Court has received the Brief and Appendix from Appellants Defend 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, Appellants Defend 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 action will 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: 3 Date Filed: 11/20/2010 Case: 10-3000 Document: 003110354768 Page: 2 Date Filed: 11/10/2010

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

Case: 10-3000 Document: 003110354768 Page: 4

Date Filed: 11/20/2010

EXHIBIT "B"

Case: 10-3000 Document: 003110354768 Page: 5

Date Filed: 11/20/2010

From: convictedfelon@lisaliberi.com To: llisaliberi@aol.com Sent: Wed, Nov 10, 2010 10:37 am Subject: Good morning, Convicted Felon Love your new website. Yours, Convicted Felon

Case: 10-3000 Document: 003110354768 Page: 6

Date Filed: 11/20/2010

EXHIBIT "C"

Lisa Liberi, Convicted Felon | Welcome to my world of crime, swindles, p...

http://lisaliberi.com/

Case: http://lisaliberi.com/ 10-3000 Document: 003110354768 Page: 7

Date Filed: 11/20/2010
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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.

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11/20/2010 12:06 AM

About Me! Me! Me! | Lisa Liberi, Convicted Felon

http://lisaliberi.com/about/

Case: 10-3000 Document: 003110354768 Page: 8 http://lisaliberi.com/about/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

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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 her re-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 fiancé 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. He’s really going to be shocked when he discovers he’s being disbarred and going to prison because I worked under his “supervision.”

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11/20/2010 12:02 AM

I’m So Glamorous | Lisa Liberi, Convicted Felon

http://lisaliberi.com/im-so-glamorous/

Case: 10-3000 Document: 003110354768 Page: 9 http://lisaliberi.com/im-so-glamorous/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

I'm Famous!
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I’m So Glamorous
I’m so glamorous, many of the women I admire the most in this world have worked to make themselves look like me. I’ve been asked many times if I am one of these great ladies, or if I am related. Most often, I’m told I look like Charlize Theron, but I think I look more like Aileen Wuornos.

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Barrel Caliber Convicted Felon on I’m Famous!
Teresa Lewis

Rosemary Pauline “Rose” West (née 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 Wilson Bean Lewis (April 26, 1969 – September 23, 2010) was an American murderer and the only woman on death row in Virginia prior to 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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11/20/2010 12:09 AM

Gun Barrel Caliber | Lisa Liberi, Convicted Felon

http://lisaliberi.com/my-fans/gun-barrel-caliber/

Case: 10-3000 Document: 003110354768 Page: 10 http://lisaliberi.com/my-fans/gun-barrel-caliber/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

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....

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Gun Barrel Caliber
by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T

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I like to see girls of Lisa’s … caliber. By ARCHIVES November 2010 “caliber,” of course, I refer to both their teeny-tiny gun barrels and the low quality of their characters… Two meanings… caliber… it’s a homonym… Forget it. META Log in Entries RSS Comments RSS WordPress.org
Dr. Evil

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One Response to Gun Barrel Caliber
Convicted Felon says:
November 10, 2010 at 2:33 pm

I helped Dr. Evil invent his freeze ray, but he doesn’t want to give me any credit. But, hey, I love him anyway. He’s a much “bigger” man than my husband, if you know what I mean.
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11/20/2010 12:12 AM

It was Lisa | Lisa Liberi, Convicted Felon

http://lisaliberi.com/my-fans/it-was-lisa/

Case: 10-3000 Document: 003110354768 Page: 11 http://lisaliberi.com/my-fans/it-was-lisa/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

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....

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It was Lisa
by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T

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The courts should never have let Larry ARCHIVES November 2010 Flynt off, since he got it all wrong. I wasn’t screwing my grandmother in that outhouse, I was screwing Lisa. META Log in Entries RSS Comments RSS WordPress.org Reverend Jerry Falwell

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One Response to It was Lisa
Convicted Felon says:
November 10, 2010 at 3:39 pm

Jerry, Jerry, Jerry… I thought this was our little secret.
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11/20/2010 12:15 AM

A great woman! | Lisa Liberi, Convicted Felon

http://lisaliberi.com/my-fans/a-great-woman/

Case: 10-3000 Document: 003110354768 Page: 12 http://lisaliberi.com/my-fans/a-great-woman/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

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....

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A great woman!
by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T

CATEGORIES Me! Me! All About Me! My Fans

Lisa is a truly great woman and will go down ARCHIVES November 2010 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! META Log in Entries RSS Comments RSS WordPress.org So, enjoy her writings and I hope you get some great ideas to use in your own lives. Herr Dr. Josef Mengele
Dr. Josef Mengele

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Everything written here is absolutely true and accurate. I consult with her on her activities almost daily.

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One Response to A great woman!
Convicted Felon says:
November 10, 2010 at 3:31 pm

You believe in re-incarnation, too!!! Thank God. I thought I was nuts.
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11/20/2010 12:17 AM

I’m Famous! | Lisa Liberi, Convicted Felon

http://lisaliberi.com/me-me-all-about-me/hello-world/

Case: 10-3000 Document: 003110354768 Page: 13 http://lisaliberi.com/me-me-all-about-me/hello-world/

Date Filed: 11/20/2010
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Lisa Liberi, Convicted Felon
Welcome to my world of crime, swindles, perjury, fraud, and sleaze
Home About Me! Me! Me! I’m So Glamorous

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....

read more

Search for:

I’m Famous!
by Convict ed F elo n on N OV EM BER 9 , 2 0 1 0 - 1 C OM M EN T

CATEGORIES Me! Me! All About Me! My Fans

Do you like my photo? ARCHIVES November 2010 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. META Log in Entries RSS Comments RSS WordPress.org A great woman! →

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One Response to I’m Famous!
Convicted Felon says:
November 9, 2010 at 6:56 pm

Convicted Felon on It was Lisa Convicted Felon on A great woman! Convicted Felon on Gun Barrel Caliber Convicted Felon on I’m Famous!

I’m so hot, I’m a brilliant mastermind, my shit smells like roses, and I have the biggest ego in the criminal universe!
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11/20/2010 12:20 AM

Case: 10-3000 Document: 003110354768 Page: 14

Date Filed: 11/20/2010

EXHIBIT "D"

Case: 10-3000 Document: 003110354768 Page: 15 Date Filed: 02/02/2010 Case: 09-3403 Document: 003110006313 Page: 1 Date Filed: 11/20/2010

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

ORDER TO 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

Case: 10-3000 Document: 003110354768 Page: 16

Date Filed: 11/20/2010

EXHIBIT "E"

Case: 10-3000 Document: 003110354768 Page: 17 Date Filed: 02/17/2010 Case: 09-3403 Document: 003110023894 Page: 1 Date Filed: 11/20/2010

Case: 10-3000 Document: 003110354768 Page: 18 Date Filed: 02/17/2010 Case: 09-3403 Document: 003110023894 Page: 2 Date Filed: 11/20/2010

Case: 10-3000 Document: 003110354768 Page: 19

Date Filed: 11/20/2010

EXHIBIT "F"

Case: 10-3000 Document: 003110354768 Page: 20 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 1 Date Filed: 11/20/2010

U.S. District Court, Eastern District of Pennsylvania Court of Appeals No.

Case Number: Case Number:

09-cv-01898 ECR 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’ WITHDRAWAL OF THEIR APPEAL OR IN THE ALTERNATIVE, APPELLANTS MOTION FOR VOLUNTARY DISMISSAL OF THEIR APPEAL PURSUANT TO FEDERAL RULES OF APPELLATE PROCEDURE 42(b) [F.R.A.P. 42(b)]

____________ Ο _____________

Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 PA Identification: 09867 Ph: (610) 825-3134 Fx: (610) 834-7659 Email: philjberg@gmail.com Attorney for the Appellants’

Case: 10-3000 Document: 003110354768 Page: 21 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 2 Date Filed: 11/20/2010

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. II. APPELLANTS WITHDRAW OF THEIR APPEAL IS APPROPRIATE IN THIS SITUTATION……………………....5-6 APPELLANTS’ VOLUNTARY DISMISSAL OF THEIR APPEAL IS WARRANTED IN THIS CASE AND MUST BE GRANTED……………………………………………..6-7

CONCLUSION………………………………………………………………….…7 CERTIFICATE OF SERVICE…………………………………………………...8-9

i

Case: 10-3000 Document: 003110354768 Page: 22 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 3 Date Filed: 11/20/2010

TABLE OF AUTHORITIES Cases 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 In re Penn Cent. Transp. Co., 630 F.2d 183, 189-90 (3d Cir. 1980)………….……7 Swartzwelder v. McNeilly 297 F.3d 228 (3rd Cir. 2002)…………………………...5 Page(s)

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

ii

Case: 10-3000 Document: 003110354768 Page: 23 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 4 Date Filed: 11/20/2010

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 an Immediate [TRO] Temporary Restraining Order and/or Injunction to Prohibit Defendant/Respondent Orly Taitz from further distribution of Appellants, especially Appellant Liberi’s Social Security number; date of birth; place of birth; mother’s maiden name and other private confidential information;  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 the Appeal by the within Court;  Since the filing of the Appeal for the Temporary Restraining Order and/or Injunction, Defendant/Respondent Taitz has continued her distribution of Plaintiff Liberi’s Social Security number, date of birth, place of birth, mother’s 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

1

Case: 10-3000 Document: 003110354768 Page: 24 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 5 Date Filed: 11/20/2010

Appeal to the Third Circuit on August 17, 2009, eight [8] months ago and therefore the Appeal is Moot;  Plaintiffs/Appellants have sought leave from the lower Court to hold Defendant/Respondent Taitz in Contempt of Court as a result of further publication of Appellant Liberi’s private and confidential identifying information. However, until the resolution of this Appeal, as stated above, the case is in suspense and Plaintiffs/Appellants are barred from moving forward; and  None of the Defendants/Respondents have Entered their Appearance in this Appeal and thereby have not incurred any expenses. Moreover, no briefing schedule has issued. Therefore, all parties are to bear their own expenses related to this interlocutory appeal. For the reasons stated herein, Appellants respectfully request to Withdraw their Appeal or in the Alternative this Court Grant their Voluntary Dismissal of Their Appeal pursuant to F.R.A.P. 42(b). Respectfully submitted,

April 21, 2010

s/ Philip J. Berg ______________________________ Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 PA Identification: 09867 Ph: (610) 825-3134 Fx: (610) 834-7659 Email: philjberg@gmail.com

Attorney for the Appellants’

2

Case: 10-3000 Document: 003110354768 Page: 25 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 6 Date Filed: 11/20/2010

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 Liberi’s full Social Security number; date of birth; place of birth; mother’s 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 Taitz’s 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 Liberi’s 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 Court’s orders in attempts to prevent the further distribution of private data and to prevent severe damages to the Appellants caused by said distribution.

3

Case: 10-3000 Document: 003110354768 Page: 26 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 7 Date Filed: 11/20/2010

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 anyone’s Social Security number. Despite this, Defendant/Respondent Orly Taitz has continued her wide publication and distribution of Appellant Liberi’s Social Security number, date of birth, place of birth, mother’s maiden name and other private confidential information. As a result of Defendant/Respondent Taitz’s failure to obey the lower Court’s 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.

4

Case: 10-3000 Document: 003110354768 Page: 27 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 8 Date Filed: 11/20/2010

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 APPROPRIATE IN THIS SITUTATION:

APPEAL

IS

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.

5

Case: 10-3000 Document: 003110354768 Page: 28 Date Filed: 04/21/2010 Case: 09-3403 Document: 003110112231 Page: 9 Date Filed: 11/20/2010

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 appellant’s motion on terms agreed to by the parties or fixed by the court.”

6

Case: 09-3403 Document: 003110112231 Page: 10 10-3000 003110354768 29

Date Filed: 04/21/2010 11/20/2010

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
s/ Philip J. Berg ____________________________ Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 (610) 825-3134

Attorney for the Appellants’

7

Case: 09-3403 Document: 003110112231 Page: 11 10-3000 003110354768 30

Date Filed: 04/21/2010 11/20/2010

U.S. District Court, Eastern District of Pennsylvania Court of Appeals No.

Case Number: Case Number:

09-cv-01898 ECR 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 _____________ 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 211 Mission Viejo, CA 92691 Email: dr_taitz@yahoo.com And by Fax to (949) 766-7603

8

Case: 09-3403 Document: 003110112231 Page: 12 10-3000 003110354768 31

Date Filed: 04/21/2010 11/20/2010

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

9

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