Professional Documents
Culture Documents
NO. 10-3000
__________________________
Plaintiffs / Appellees,
v.
Defendants / Appellants.
__________________________________________________________________
BRIEF OF APPELLEES
APPENDICE II and III FILED SEPARATELY
__________________________________________________________________
None of the Appelleese have any parent corporations and no publicly held
company, holding 10% or more of the company's stock. Appellees are not aware
of any publicly held corporations that are not party to this appeal and that has or
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TABLE OF CONTENTS
Page(s)
TABLE OF CONTENTS…………………………………………………….…ii-iii
TABLE OF AUTHORITIES………………………………………..…………iv-vii
SUMMARY OF ARGUMENT………………………………………….….…….12
ARGUMENT…………………………………………………………….……12-29
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Page(s)
CONCLUSION………………………………………………………..………….30
CERTIFICATE OF COMPLIANCE……………………………………………...31
CERTIFICATE OF SERVICE……………………………………………..…33-34
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TABLE OF AUTHORITIES
Cases Page(s)
Fasset v. Delta Kappa Epsilon, 807 F.2d 1150 (3d Cir. 1986)…………………...12
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Cases Page(s)
Jumara v. State Farm Ins. Co., 55 F.3d 873, 878 (3d Cir. 1995)…..…18, 20, 21, 22
Kaufman v. Allstate N.J. Ins. Co., 561 F.3d 144 (3d Cir. 2009)…………………..16
Rhodes v. MacDonald, 2010 U.S. App. LEXIS 5340 (11th Cir. 2010)…………..27
Rodgers v. U.S. Steel Corp., 541 F.2d 365 (3d Cir. 1976)……………………..…13
Will v. United States, 389 U.S. 90, 88 S. Ct. 269, 19 L.Ed.2d 305 (1967)………..13
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Cases Page(s)
STATUTES
Page(s)
28 U.S.C. §1391…………………………………………………………….…….21
28 U.S.C. §1404…………………………………………………...………….20, 21
28 U.S.C. §1406………………………………………………..…………………18
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Page(s)
MISC.
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Appellees are not sure as to what Appellants' claim the issues on appeal are.
Transfer Order and the Lower Court's Order Dismissing Defendants, James
Sundquist and Rock Salt Publishing.1 Based on this, Appellees file the Counter
1. Did the District Court correctly find it had Jurisdiction over the parties,
thereby severing the Case into two (2) Cases and transferring the Case against the
California Defendants to the U.S. District Court, Central District of California,
Southern Division and the Case against the Texas Defendants to the U.S. District
Court, Western District of Texas?
2. Did the District Court correctly dismiss Defendants James Sundquist and
Rock Salt Publishing from the Case?
1
Appellant Taitz, a licensed Attorney in this Court, on behalf of herself and Appellant Defendant
our Freedoms Foundations, Inc. did not file a properly formatted or prepared Notice of Appeal.
Moreover, Appellants failed to file a timely and/or properly prepared Concise Summary of the
Case. Appellants Brief was not of any assistance, as Appellants failed to file their Issues on
Appeal. In Appellants Notice of Appeal, they claim to be Appealing several other Orders, which
were not addressed in their Appellant Brief. Appellants failure to identify or argue an issue in
their Opening Brief constitutes Waiver of that Issue on Appeal. Therefore, Appellees will not
address them.
1
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Although, this Case was previously under Appeal, see Liberi, et al v. Taitz,
et al, U.S. Court of Appeals for the Third Circuit, Case No. 09-3403 (Voluntarily
dismissed in May 2010), the issues appealed from did not arise out of the
This Case arises out of the fact Appellant Taitz through her Corporation,
"Appellants"] committed Defamation per se, Slander, Libel, Placing the Plaintiffs
and Descriptions of Facts, Request for Injunctive Relief, Violating the First and
emailing; mailing and posting all over the Internet Appellee Lisa Liberi's
[hereinafter at times "Liberi"] full Social Security number, date of birth, address,
place of birth, mother's maiden name, father's name, place of birth, etc. See
2
Appellants failed to make reference to Related Cases in their initial Appellants Brief filed
November 2, 2010.
2
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EXHIBIT "A" [Dkt No. 1]3. Appellees have suffered severe damages as a result
of Appellants actions and that was the reason they were forced to file suit.
Taitz's falsely claims in their Appellant Brief. Appellant Taitz's, 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.
Jurisdiction did not exist and the Court did not have jurisdiction to transfer the
case, that the case had to be dismissed, which simply is not the case.
Publishing were citizens of New Jersey as were two (2) of the Plaintiffs.
Appellants claim the Court forced Sundquist and Rock Salt Publishing out of the
case, even though they opposed being dismissed. Appellants claim because James
Sundquist and Rock Salt Publishing were named in the suit, Diversity was lacking,
3
Dkt No. means the Lower Court's Docket Entry Number.
3
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Appellant Taitz, a licensed attorney, states. "Lead Plaintiff is one Lisa Renee
Liberi, (hereinafter Liberi), who has at least 42 criminal charges and at least 10
an official seal and grand theft. Liberi's latest conviction was in the state of CA, in
complete nonsense.
Appellees filed their lawsuit against the Appellants on May 4, 2009. At that
time, Appellee Liberi's address was stated as "Plaintiff Liberi with a business
address of 555 Andorra Glen Court…". See EXHIBIT "A". At the same time,
Defendant Linda Belcher's (Appellant herein) address was cited as 201 Paris,
Castroville, Texas 78009-4516, which is her correct address as that is where she
Appellant Taitz will not be able to prove this as facts, as Liberi's middle name is
not 'Renee' (Renee is not now nor has it ever been, Appellee Liberi's middle
name); and Appellee Liberi, Appellee and attorney for Appellees, Philip J. Berg,
4
Most of Appellant, Attorney Taitz's arguments and statements in her Appellant Brief do not
pertain to the issues at hand and have no place in this Court. The purpose of Appellant Taitz's
Brief was not to support her reasons for Appeal, but instead to arouse her Supporters and
Followers against the Plaintiffs (Appellees herein) and in attempts to prejudice this Court against
the Appellees in violation of this Court's Local Rule, 28.1(d). Appellant Taitz has a habit of
filing things that do not pertain whatsoever to the Case, but instead arouse the emotions of her
4
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Esquire, Intern Paralegal, has not been convicted in, nor charged in, ten (10)
the underlying Case about Taitz supposedly "posting Liberi's criminal record".
Just to name a couple of examples, the Case regarding Appellee Lisa Liberi
against Appellant Orly Taitz is about Appellant, Attorney 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
posting on the World Wide Web (all over the Internet); illegally sending by mass
individuals Appellee Lisa Liberi's full Social Security number, date of birth, place
Defamation per se, Slander and Libel, and other Causes of Action, just to name a
followers. Moreover, Judge Carter believed Taitz to have suborned perjury from her witnesses,
see Barnett v. Obama, 2009 U.S. Dist. LEXIS 101206, 55-56 (C.D. Cal. Oct. 29, 2009).
5
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.
5
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couple of examples against Appellants, that Appellee Lisa Liberi was convicted of
Identity Theft; convicted of Real Estate Fraud pertaining to buying and selling the
same house over and over again; that Liberi was forging police reports; that Liberi
was convicted of forging credit reports; that Liberi stole from her (Appellant Taitz)
to pay her restitution in the amount of Twelve Thousand [$12,000.00] Dollars; that
Liberi's husband is on Parole and been stealing from her (Appellant); that Appellee
Lisa Ostella stole from Appellant Taitz by "hacking" her website and PayPal
accused Appellee Lisa Ostella and her husband of stealing from her; that Appellees
Philip J. Berg, Esquire and Evelyn Adams stole large amounts of money from their
for the RICO Act; that is what the Plaintiffs/Appellees underlying case against the
Appellants is for, not what the Appellants claim. Appellant Taitz did all these
and Federal Question Jurisdiction. See EXHIBIT "A"6. Appellant Taitz filed
6
Plaintiff/Appellee Lisa Liberi's home address was not provided on the Complaint and not
provided to Defendant/Appellant Orly Taitz due to the private information Taitz had and
continues to post all over the Internet and send by mass emailing, including internationally and
due to the threats Taitz made against Plaintiff/Appellee Liberi.
Since the lawsuit was filed, evidence points to the fact, Taitz may have attempted to hire a
convicted dangerous criminal to harm and injure Plaintiffs/Appellees and to carry out her threats.
6
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result of Defendants James Sundquist and Rock Salt Publishing being located in
New Jersey, these two (2) Defendants destroyed Diversity. Appellees attempted to
Seeking Leave to Dismiss James Sundquist and Rock Salt Publishing, [Dkt No.
62]. Appellant Taitz opposed Appellees Motion, [Dkt No. 68]. A hearing took
place on June 25, 2009 at which time James Sundquist and Rock Salt Publishing
were Dismissed and diversity was salvaged. See Judge Robreno's Order attached
At the same time, June 25, 2009, the Lower Court issued an Order to Show
Cause upon the Plaintiffs/Appellees as to Why the Case should not be Dismissed;
Why the Case should not be Severed into two (2) cases; and Why the Case should
not be transferred to Texas and California. See the Court's Order attached as
Appellees (Plaintiffs) Response to the Court's Order to Show Cause, [Dkt No.
108]. Appellants Response was non-responsive to the issue at hand and instead
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was Appellants fourth or fifth Motion to Dismiss, which was completely improper,
as has been all of Appellants filings throughout the history of the underlying
action.
In or about January 2010, while the underlying case was in suspense pending
with Judge Robreno requesting Sanctions against the undersigned. Appellees sent
a letter response to Judge Robreno, which Judge Robreno Ordered filed on the
Severing the underlying case and Transferring the Case against the California
Division and the Case against the Texas Defendants to the U.S. District Court,
[Dkt No. 117] and Judge Robreno's Order as EXHIBIT "E", [Dkt No. 118].
Due to a discrepancy regarding the Sankey Defendants and the fact one of
the Defendants, the Sankey Firm, who is in default, was not mentioned; Appellees
8
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14, 20107, [Dkt No. 121]. Once again, Appellant Taitz's Opposition was inapposite
On June 23, 2010, Judge Robreno issued his Memorandum. See EXHIBIT
"F" [Dkt No. 123] and his Amended Order. See EXHIBIT "G" [Dkt No. 124].
The Court Amended its Order to reflect the Case against all the California
Defendants were being Transferred to the U.S. District Court, Central District of
California, Southern Division and the case against all the Texas Defendants were
On July 2, 2010, Appellant Taitz filed her Notice of Appeal and Motion to
transcript, [Dkt No. 132 filed July 9, 2010], as the Appellants were well aware that
Appellants wanted the transcript, not because it pertained to the appeal, but to post
7
Appellant, Attorney Orly Taitz claims in her Appellate Brief, filed November 2, 2010 at page 7,
paragraph 2 "Taitz filed a motion for Reconsideration on 6.14.10, arguing that the court erred in
assuming jurisdiction, as plaintiff Liberi never provided any evidence of her PA citizenship".
This is completely untrue, as demonstrated in Docket Entry No. 121" what Taitz filed was
entitled "Response to Motion for Reconsideration of the Order to Sever and Transfer this Case
to Texas and California".
8
In Judge Robreno's Memorandum of 06/23/2010 he makes mention of a letter sent by
Defendant (Appellant) Neil Sankey. Appellees were never served with this letter and are
unaware as to the contents. See EXHIBIT "F", page 3, fn 1.
9
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07.26.09 [sic] the plaintiffs filed yet another motion to keep the transcript of the
08.07.09 hearing under seal." This is completely untrue. Appellees filed a Motion
for Clarification or in the Alternative a Motion for Reconsideration, [Dkt No. 135].
After filing the Notice of Appeal in the Lower Court, Appellant, Attorney
Taitz continued filing Motions in the Lower Court requesting documents which do
not exist and requesting reconsideration of the Diversity issues. See EXHIBIT "I"
[Dkt. No. 143] filed September 8, 2010; although Appellants Motions were
themselves. See EXHIBIT "J" [Dkt No. 144]. It should also be noted, Appellant,
Attorney Orly Taitz began sending her frivolous filings containing hearsay, forged
and altered documents and untrue statements to Chief Judge Audrey B. Collins and
Judge David O. Carter of the U.S. District Court, Central District of California,
Southern Division, in attempts to conflict out the very Court this case is being
Appellant Taitz then filed a Reply on September 28, 2010. See EXHIBIT
"L" [Dkt No. 145]. Appellant Taitz's filing contained suborned perjury, forged
Court to Issue an Order to Show Cause upon Appellant, Attorney Taitz for filing
10
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forged and altered documents, perjured statements and continually filing Motions
which the Lower Court lacked jurisdiction to entertain. See EXHIBIT "M", [Dkt
No. 146].
statements of events and other falsities pertaining to the case, which never
occurred.
Now, these same forged and altered documents, false and perjured affidavits
and other deficient documents which are double and triple hearsay, unauthenticated
and have absolutely nothing to do with this Appeal have been filed as Appellants
Addendum, Exhibits 4-7. In fact, Exhibit 7 contains full addresses and credit card
information which Appellant, Attorney Taitz filed through the ECF system, in
As this Court is aware, Appellate Court's will only consider those materials
that were before the District Court when it adjudicated the issues currently under
appeal. In the Case at bar, the June 25, 2009 Order Dismissing Defendants James
Sundquist and Rock Salt Publishing; and the Court’s June 23, 2010 Memorandum
and Order Severing and Transferring this Case. Appellants are attempting to rely
9
Appellant Taitz has continually used the Federal Docketing System to file full Social Security
numbers, dates of birth, and other private confidential information in violation of the Federal
Rules.
11
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documents, contain perjured statements, etc. that were filed after the Notice of
Appeal. Therefore, Appellants Exhibits 4-7 are unveiling10. See e.g. Fasset v.
Delta Kappa Epsilon, 807 F.2d 1150, 1165 (3d Cir. 1986).
SUMMARY OF ARGUMENT
One of the most fundamental principles of Federal Court and its Jurisdiction
Court on its own can dismiss a dispensable Defendant who is destroying Diversity
simply is not the case. It does not matter where Appellee Liberi resides as long as
it is not in the States of California or Texas, which the Court correctly found and
ARGUMENT
The Order dismissing Defendants James Sundquist and Rock Salt Publishing
was a final Order issued on June 25, 2009. See EXHIBIT "D". Appeals from
10
an act or instance of presenting, displaying, or revealing, for the first time.
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Final Orders are to be filed within thirty [30] days of the final order. See Federal
Rules of Appellate Procedure, Rules 3 and 4. The time limits in Appeals are
The Orders Severing and Transferring the case, EXHIBITS "D", "E", "F"
and "G" are not final appealable Orders under either the text of 28 U.S.C. §1291
or the Collateral Order Doctrine. See Carr v. Am. Red Cross, 17 F.3d 671, 675 (3d
Cir. 1994); In re Diet Drugs Prods. Liab. Litig., 401 F.3d 143, 2005 U.S. App.
LEXIS 4012, 61 Fed. R. Serv. 3d (Callaghan) 79 (3d Cir. 2005); Coopers &
Lybrand v. Livesay, 439 U.S. 463, 468 (1978); Yakowicz v. Pennsylvania, 683 F.2d
778, 783, n.10 (3d Cir. 1982); Rodgers v. U.S. Steel Corp., 541 F.2d 365, 369 (3d
Cir. 1976).
The only way this Court would have jurisdiction over the Orders of the
Court Severing and Transferring the underlying Case is if the Appellants filed a
request for a Writ of Mandamus, then this Court's review would be largely
discretionary. See In re Diet Drugs Prods. Liab. Litig., 401 F.3d 143, 2005 U.S.
App. LEXIS 4012, 61 Fed. R. Serv. 3d (Callaghan) 79 (3d Cir. 2005), quoting
Alexander v. Primerica Holdings, Inc., 10 F.3d 155, 163 (3d Cir. 1993); Will v.
13
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United States, 389 U.S. 90, 96, 88 S. Ct. 269, 19 L.Ed.2d 305 (1967)) (Citations
omitted).
Appellees filed suit May 4, 2009 based on Diversity and Federal Question
Jurisdiction. It was discovered that two (2) Defendants, James Sundquist and Rock
Salt Publishing resided in the State of New Jersey as did two [2] of the Plaintiff's
diversity, which they refused. Appellees filed a Motion for Leave to Dismiss the
two (2) Defendants destroying diversity, which were dispensable, [Dkt No. 62 filed
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U.S. 567 (2004) at 572-573 (discussing Caterpillar Inc. v. Lewis, 519 U. S. 61, 75
(1996):
The Court did just that and properly applied our laws. Defendants James
Sundquist and Rock Salt Publishing were dispensable parties who were destroying
diversity. In order for the Court to maintain jurisdiction, the Court dismissed the
15
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two (2) Defendants to cure the defect, which was just and proper. See Horn v.
Lockhart, 17 Wall. 570, 579 (1873); Grupo Dataflux v. Atlas Global Group, 517
U.S. 567 (2004); Caterpillar v. Lewis, 519 U.S. 61 (1996); Kaufman v. Allstate
N.J. Ins. Co., 561 F.3d 144, 150 (3d Cir. 2009).
Brief, pg. 20 ¶ 1]. This is completely untrue, Sundquist and Rock Salt never
Response in Opposition to Defendants Edgar and Caren Hale's Answer and Motion
to Dismiss, it had nothing to do with James Sundquist or Rock Salt Publishing [Dkt
The balance of Appellants arguments fail to touch upon or even address the
diversity. Appellants arguments fail to address why they feel the Order of the
Court was incorrect. Appellants fail to support their appeal regarding this issue
with any legal authorities, cases or statutes. The Appellants arguments are
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Appellants all through their Brief continue stating Appellee Lisa Liberi did
not prove her state of citizenship and therefore Diversity is lacking. [Appellants
Brief filed November 2, 2010, pages 9-25]. To the contrary, on August 7, 2009
during a Restraining Order Hearing, Appellee Lisa Liberi showed her state issued
Driver’s License to the Judge which confirmed that Appellee Lisa Liberi was not a
citizen of the State of California or Texas. Moreover, there are sworn Affidavits
from K. Strebel [Dkt No. 144-1 attached to EXHIBIT "J" and 146-5 attached to
EXHIBIT "M"]; Appellee Evelyn Adams [Dkt No. 144-7 attached to EXHIBIT
"J"] and the Verification of Lisa Liberi [Dkt No. 146-7 attached to EXHIBIT
"M"] testifying to the fact Appellee Liberi does not reside in the States of
California or Texas. Appellant Taitz failed to appear for the hearing and instead
went on a publicity tour to Russia, England and Israel. Further, the cases cited by
Appellant are not on point, they do not read as claimed in the Appellants Brief and
in fact, one of the cases has been over-ruled and another not properly cited. Not to
mention the fact, Appellants fail to cite one case from the Third Circuit or even
Pennsylvania.
Due to the threats against the Appellees by the Appellants and the fact that
Appellant Taitz put out every bit of confidential information on Appellee Liberi,
17
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Judge Robreno Ordered that Appellee Liberi's address was not to be disclosed. See
the August 7, 2009 Transcript at p. 18, ll. 23-25 and p. 19, ll. 1-18. Appellants
next claim "The Court has no jurisdiction to transfer to another Federal Court a
case, where it did not have jurisdiction in the first place, as other Federal Courts
equally will not have jurisdiction". [Appellants Brief at page 13, ¶1]. This is
completely untrue.
As this Court is aware, even if diversity were lacking, which it is not and
was not, the District Court had the inherent power to transfer the case to the proper
jurisdiction. Appellees case was filed within the jurisdictional time limits.
California Court's require these types of cases to be filed within one [1] year. The
events that gave rise to the underlying action began occurring on April 17, 2009.
Had the District Court dismissed Appellees action, it would have barred Appellees
claims and any redress in which they are entitled. If a case is filed in the wrong
jurisdiction, and the statute has run, it has been the long standing of our Court's that
Jumara v. State Farm Ins. Co., 55 F.3d 873, 878 (3d Cir. 1995); 17A Moores
Federal Practice, §5524(2); Lafferty v. Gito St. Riel, 495 F.3d 72 (3d Cir. 2007).
“Section 1406(a) comes into play where plaintiffs file suit in an improper
forum. Jumara, 55 F.3d at 878; Moore’s Federal Practice, supra, §
111.02. In those instances, district courts are required either to dismiss or
18
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transfer to a proper forum. Goldlawr, Inc. v. Heiman, 369 U.S. 463, 465-
66, 82 S. Ct. 913, 8 L. Ed. 2d 39 (1962) (emphasizing that federal district
courts may transfer — rather than dismiss — cases that plaintiffs initially
brought in an improper forum, regardless whether they otherwise have
personal jurisdiction)."
Appellants next state "While Berg stated at the 08.07.09 hearing, that he will
provide the court with Liberi's driver's license and other documents, he never
provided any documents." [Appellants Brief, page 13, ¶2] Another false tale of
Appellant Taitz. Appellees never made such statement as proven by the August 7,
2009 Transcript on file with this Court. Appellants go on further "On the other
hand the court refused to consider any and all evidence provided by the
Defendants" [Appellants Brief, page 13, ¶2]. Appellants never provided any
admissible evidence. Appellant Taitz is a licensed attorney and should know the
documents, hearsay statements, double and triple hearsay, forged and altered
documents, and documents which had nothing to do with the underlying case.
Appellee Liberi's address to carry out her threats. Moreover, Appellant Taitz
wants to publish on the internet and send by mass emailing Appellee Liberi's
Driver's License and address to ensure her followers and supporters continue
harassing her.
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Appellant Taitz had illegally obtained a family photo of Appellee Liberi, her
husband and son. In turn, Appellant Taitz published this picture with a home
address purported to be that of Appellee Liberi. Appellant Taitz has called for her
supporters in the area she believes Appellees reside (Appellees are unsure as to
what she wanted her supporters to do), she has been stalking Appellee Liberi and
her family, including Liberi's son. Appellant Taitz threatened to have Appellee
and may have hired, a dangerous convicted felon to carry out her threats against
the Appellees. Appellant Taitz has continually attempted to have Appellees Lisa
Ostella and Lisa Liberi falsely arrested. There was good reason for Judge Robreno
courts engage in a two-part test: (1) whether action might have been brought in
proposed transferee forum; and (2) whether transfer promotes convenience and
justice. Jumara v. State Farm Ins. Co., 55 F.3d 873; . Lafferty v. Gito St. Riel, 495
In a diversity action like this one, venue is proper "only in (1) a judicial
district where any Defendant resides, if all defendants reside in the same State, (2)
a judicial district in which a substantial part of the events or omissions giving rise
to the claim occurred, or a substantial part of property that is the subject of the
20
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convenience of the parties and presuppose that the Court has jurisdiction and that
the case has been brought in the correct forum. Lafferty v. Gito St. Riel, 495 F.3d
72, 77 (3d Cir. Pa. 2007) citing Jumara v. State Farm Ins. Co., 55 F.3d 873, 878
circumstances for change of venue, but rather that all relevant things considered,
the case would be better off transferred to another district. Dominy v. CSX Transp.,
Inc., 2006 U.S. Dist. LEXIS 9422 (E.D. Pa. Mar. 9, 2006), supra., citing In re
whether the action "might have been brought" in the proposed transferee district.
Banket v. GC Am., Inc., 2005 U.S. Dist. LEXIS 23550 at *10 (E.D. Pa. Oct. 11,
2005), citing Van Dusen v. Barrack, 376 U.S. 612, 616, 84 S.Ct. 805, 890, 11
L.Ed.2d 945 (1964). Assuming that this requirement has been satisfied, which it
has been herein, the Court must then assess a number of private and public interest
21
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and witnesses and the interests of justice). Jumara v. State Farm Insurance
Specifically, the private interests have included: (1) the plaintiff's forum
forum; (3) where the claim arose; (4) the convenience of the parties as indicated by
their relative physical and financial conditions; (5) the convenience of the
witnesses--but only to the extent that the witnesses may actually be unavailable for
trial in one of the fora; and (6) the location of books and records. In re Amendt, 169
The public interests have included in a diversity case, the familiarity of the
two courts with state law. Id. Rogal v. Skilstaf, Inc., 446 F. Supp. 2d 334, 336 (E.D.
Pa. 2006).
In the case at bar, Judge Robreno took all issues into account. All
prospective states as noted by the Lower Court in its Order Severing and
Transferring the Case. See EXHIBITS "D", "E", "F" and "G".
Appellants arguments fail to address why they feel the Order of the Court
was incorrect. Appellants fail to support their appeal regarding this issue with any
proper and binding legal authorities, cases or statutes. The Appellants arguments
are frivolous and must be denied. The Court's Orders Severing and Transferring
22
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Appellants next claim that Judge Robreno erred, showed bias and abuse of
judicial discretion in not docketing letters from Defendant Belcher and ruling and
Berg filed this case, he has written incorrect address for defendant Linda Belcher”
[Appellants Brief, page 22, ¶2] Again, this simply is not the case and Appellant,
Taitz is well aware her statements to this Court are falsified. At the time the
underlying case was filed, all parties were personally served. The address
provided for Appellant Linda Belcher was 201 Paris in Castroville, Texas. See
EXHIBIT "A". This is and was Appellant Belcher's physical address. Appellees
are not responsible for parties who refuse their mail or if the Court in fact sent a
document to the incorrect address. If a party changes their address or notices that
their address is incorrectly input, it is the duty of the party to contact the Court and
Appellants next state "Berg was claiming, [sic] that he served Belcher,
however, in May of 2010 Belcher forwarded to the court a letter, stating that she
was not served with any pleadings from May of 2009 until May of 2010."
23
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[Appellants Brief, page 22, ¶2]. This is again nonsense. Appellee Linda Belcher
was served, and she has had absolutely no problems responding to the Court
filings. What is more interesting however, is Appellant, Attorney Taitz states she
volume 2, #3)."11 [Appellants Brief, page 23, ¶1]. This is not true either.
"5" is a letter from Appellee Linda Belcher dated October 21, 2010, and therefore,
10/21/2010 letter is the only letter supplied by Attorney Taitz and is dated after the
unwarranted, unfounded and unsupported by her own filings. This is yet another
11
Appellants filed what they called an "Addendum" and failed to supply a proper Table of
Contents; none of the documents filed by Appellants are marked "volume 2, #3". On Appellants
Addendum, they have a single space sheet which lists Exhibits "1" through "7"; however, the
documents actually attached do not match the list in which Appellants filed. E.g., Vol. 2, #4.
August 7, 2009 transcript, the transcript is not attached anywhere, #4 are nine (9) pages of
unauthenticated, hearsay, double and triple hearsay documents which do not pertain to the
instant appeal, nor the underlying case.
24
Case: 10-3000 Document: 003110340412 Page: 33 Date Filed: 11/07/2010
Appellant, Attorney Taitz begins her paragraph with "As the Appendix Vol 2,
#1, 3, 4 [sic] clearly show Attorney Philip J. Berg used the district court and filed
pleadings based on fraud on the court and perjury and harassment of defendants."
[Appellants Brief, pg. 24, ¶2]. Appellant Attorney Taitz's Exhibit "1" are three
[3] pages, page one is the case caption (Appellants Cover page), page two is
entitled "Appendix Volume 1" with nothing else, and page three is a single list of
the supposed documents attached, which again does not match the documents
Robreno's June 25, 2009 Order Dismissing Defendants James Sundquist and Rock
Salt Publishing to save Diversity Jurisdiction. Appellant Taitz's Exhibit "4" are
hearsay documents unrelated to the instant appeal and unrelated to the underlying
case.12 This is just another one of Appellant Taitz's falsified accusations against
12
On Appellant, Attorney Taitz’s list she shows Exhibit "4" as the August 7, 2009 Transcript.
However, she failed to attach the August 7, 2009 Transcript anywhere.
25
Case: 10-3000 Document: 003110340412 Page: 34 Date Filed: 11/07/2010
hearsay statements, all of which are unsupported by the Record of the Court,
unsupported by any Court filings, and are immaterial, impertinent and speculative
statements in attempts to arouse her supporters and prejudice this Court, which do
Appellant Taitz does not stop there; she then goes after Appellees witness,
Appellants, through counsel, Appellant Orly Taitz states "…Plaintiffs were not
content with lying by themselves, they enlisted Liberi's mother to lie and submit
perjured affidavits, claiming that Liberi was an innocent woman, even though
Liberi's mother was the one who previously posted bail..." Not only is this
statement absurd, it is completely untrue. Appellant Taitz did not attach any of
Shirley Waddell's Affidavits because she was well aware no where in any of her
Affidavits are the statements claimed by Taitz. This is proven by the fact
Appellant Taitz was unable to cite to a docket entry number, a date, or attach the
Affidavits, because they do not support Appellant Taitz's falsified statements. See
EXHIBIT "O"; and the 10/04/2010 Affidavit of Shirley Waddell filed 10/7/2010
attached a EXHIBIT "P". These are the only Affidavits of Shirley Waddell filed
in the Lower Court and no where are the statements claimed by Appellant Taitz.
26
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Appellant Taitz's began filing requests with the Lower Court to have
Appellant Taitz's is obviously unhappy that witnesses of Appellees are telling the
true story about the wrongs committed by Appellant Taitz and the other
Defendants. Appellant Taitz has a history of going after individuals who do not
agree with her. In fact, Judge Land stated it best when he issued his order
Sanctioning Appellant Taitz for the same conduct she is exhibiting here, “The
Court concludes from this conduct that counsel did have intent to injure anyone
associated with the litigation who did not agree with her”13 [emphasis added]
Not only are Sanctions against Appellees Counsel, Philip J. Berg, Esq. and
has not properly filed her request. Appellants cite two [2] statutes, Federal Rules
separately from any other Motion and must describe the specific conduct, not
13
Rhodes v. MacDonald, 670 F. Supp. 2d 1363, 1380 (M.D. Ga. 2009) aff'd in Rhodes v.
MacDonald, 2010 U.S. App. LEXIS 5340 (11th Cir. Ga. Mar. 15, 2010)
27
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pursuant to F.R.C.P. 5, but it must not be filed or be presented to the Court for
Appeals, like this appeal, and the Court can thereby Sanction the Appellants and
award damages and costs to the Appellees. Just like F.R.C.P. 11, a Motion for Rule
Appellant Taitz then cites two (2) cases outside of this Court's district, which
do not support her position, nor do they help her at all. Maier v. Orr, 758 F.2d
1578, 1584 (Fed. Cir. 1985) and Meeks v. Jewel Cas., 845 F.2d 1421 (7th Cir.
1988). In particular, Maier goes to the heart of what Appellant Taitz has done all
Taitz cites the case Meeks v. Jewel Companies, Inc., 845 F.2d 1421 (7th Cir.
28
Case: 10-3000 Document: 003110340412 Page: 37 Date Filed: 11/07/2010
1988) for the proposition that Rule 38 Sanctions should be imposed against the
undersigned, and although the case itself is not binding upon this Court, the
undersigned hopes the Court will take the following findings in the Meeks case into
account.
Appellants are seeking Sanctions when Appellees had yet to file anything. Not
purpose, to delay the case from moving forward, to use the Court to publish
Appellant Taitz's false tales, forged and altered documents, false accusations, to
keep the emotions of her followers aroused and to of course, further damage the
Appellees who are being prejudiced by the allowance of Appellant, Attorney Orly
29
Case: 10-3000 Document: 003110340412 Page: 38 Date Filed: 11/07/2010
CONCLUSION
of the case, forged and altered documents and false allegations. Appellants Appeal
must be denied, Appellants Request for Sanctions must be denied and this Court
should Affirm the Dismissal of Defendants James Sundquist and Rock Salt
Publishing. This Court should also affirm the Order Severing and Transferring this
Central District of California, Southern Division and the case as to the Texas
Appellees are seeking Attorney Fees and Costs for the cost of defending this
Respectfully submitted,
s/ Philip J. Berg
November 7, 2010 ______________________________
Philip J. Berg, Esquire
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. 9867
30
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CERTFICATE OF COMPLIANCE
certify that this Brief complies with the type-volume requirement of rule
32(a)(7)(B) in that it contains 6,979 words of text in Times New Roman, 14-point
font.
Pursuant to Third Circuit Rule 31.1(c), I hereby certify that the text of the
electronic version of the Brief of Appellees is identical to the text in the paper
copies of the Brief of Appellees. I also certify that a virus detection program,
Symantec Norton Anti-Virus Security 2009, has been run on the electronic version
s/ Philip J. Berg
__________________________
Philip J. Berg, Esquire
31
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s/ Philip J. Berg
__________________________
Philip J. Berg, Esquire
32
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CERTIFICATE OF SERVICE
Appendices I and II were served this 7th day of November, 2010 electronically
upon the following. Further, ten (10) hard copies of the Brief and four (4) hard
copies of each Appendice, Appendice I and II, were sent to the U.S. Court of
Neil Sankey
4230 Alamo Street
Simi Valley, CA 93063
By USPS Mail with Postage fully prepaid
33
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s/ Philip J. Berg
________________________
PHILIP J. BERG, ESQUIRE
Attorney for Appellees
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NO. 10-3000
__________________________
Plaintiffs / Appellees,
v.
Defendants / Appellants.
__________________________________________________________________
APPELLEES APPENDICE I
__________________________________________________________________
APPENDICE I
TABLE OF CONTENTS
Page(s)
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EXHIBIT "1"
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NOTICE OF APPEAL
Defendants Taitz and .Defend our Freedoms Foundation are appealing following orders:
1. Order 76. Order is being appealed as defendant Sundquist was improperly pressured b~
the court to agree to be dismissed from the case without prejudice, even though he . ,.I
repeatedly refused to agree and demanded that the court rule on defendant's Motion to.:~.~
dismiss due to lack of subject matter jurisdiction. Court erred, and improperly and u.
artificially created diversity and jurisdiction, where it did not exist. as Plaintiffs Osteua.:
and Go Excel Global and defendants SWldquist and Rock Salt publishing were from tRt?
same state ofNJ. This order showed bias mvoring plaintiffs and subjected defendants to
over a year of harassment by plaintiffs in the jurisdiction that did not exist, but was
improperly created by the court.
2. Court Improperly repeatedly refused to docket and consider responses by Defendant Linda
Belcher. Exhibit 1- Affidavit by Belcher.
3 Belcher stated that Plaintiffs attorney Berg committed fraud by claiming that he served
<
her. Berg admitted in hiSopl~dings that Belcher blocked his e-mails, but Berg did not
5eIVe her by mail. Not only Belcher was not served by Berg. but Berg also filed numerous
motions claiming that Belcher'S lack ofresponse is an indication ofher consent and
agreement to Berg's demands for sanctions against Taitt Taitz is submitting as an exhibit
an affidavit from Belcher, stating that:
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A. Berg defrauded the court by claiming that he served Belcher, while he did not serve her
B. Berg- a licensed PA attorney, counsel for the plaintiffs and a plaintiff himself defrauded
the court by submitting a perjured statement to court, that Plaintiff Liberi was a citizen of PA
and giving his business address as her address, even though he knew that she was not a citizen
ofPA and could not be citjzen and resident ofPA, since according to her criminal conviction
in CA and terms ofher probation, she could reside only in CA or with her relatives in NM
until March of201].
C P1aintiffLiberi repeatedly committed petjwy and fraud on the court by claiming that she
was a resident of PA, even though she knew that she does not reside in PA and corresponds
and works with attorney Berg by way of mail and e-mails only, but not by actually residing in
FA
D. Attorney and PlamtiffBerg and Plaintiff Liberi defrauded the court on the issue of
tiberi's residence in order to artificially create Diversity ofResidency and J\J.risdiction and in
order to obfuscate the record of the case, since Liberi' s residency was at issue
E Liberi, as an assistant to Attorney Berg repeatedly solicited parties and requested that they
file ftaudulent complaints against Taitt, including complaints with CA State Bar. One of
individuals solicited by Liberi, was an individual Larry Sinclair. who has written a fraudulent
complaint and undermined Taitz case in Ca. Berg and Liberi used Sinclair's letter to further
prejudice this court against Taitz. Repeated refusal by this court to docket defendant Belcher's
affidavit was an abuse ofjudicial discretion and severely prejudiced the defendants and put
public at large at risk of falling victims ofsuch schemes.
4. Court made an error offact and law and abused its discretion by refusing f() docket and
consider response from Belcher, since it contained material facts, showing that Berg - a
licensed attorney. filed a frivolous action based on petjury and fraud and with intend to
harass defendants and pressure them into silence about the fuct that Berg was working
with Liberi- a convicted document forger and convicted thief. and that any and all
docwnents, coming from Berg's office were suspect for forgery. 1f court were to docket
and consider affidavit from Belcher. court would have come to a different decision and
instead offe-activating the case and severing and transferring to two jurisdictions. it
would have dismissed the case and sanctioned Berg and Plaintiffs for repeated acts of--,
fraud upon the court and perjury. Additionally. court put public at large at peril. as
Belcher's affidavit could warn the public about dangers that Liberi represented. .
5. Court made a similar error in not docketing responses from Sankey, Hale and Taitz. ~ a
number of occasions court docketed and was influenced by huindreds and probably .'./
thousands of pages ofinflammatory and prejudicial material that it allowed Berg to f[~,
whi1e not docketing and not considering material submitted by defendants, which s~ed
bias in favor of plaintiffs. -.
6. Order 109. Court made an error in allowing to include 1n the record prejudicial and "}
inflammatory material, irrelevant to the issue ofjurisdiction, that was viewed
7. Order 116 Court made an error in allowing the plaintiffs to file prejudicial inflammatory
material, not related to the issue ofjurisdiction, which was the only issue considered by
the court
8. Order 118. Court erred in its statement, that it grants defendants motion to severe and
transfer. Defendants did not ask for it. defendants asked for a motion to dismiss.
9. Court made an error and prejudiced the ~efenda.nts by not considering the responses by the
defendants contained in Documents 121 and 127.
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10. Court made an error by not docketing document 127, as it was received on June 21 st,
making a decision without this document docketed and ultimately docketing it on June 27,
after the decision to which the document pertained was made by the court.
11. Order 123, 124 and Memorandmn Court made an error offact in it's statement that
Llberi was a resident ofPA It was an erroneous statement, going to the issue ofthe case.
Court erred in making this decision based on perjured statements of convicted forger and
thief plaintiff Liberi and her Attorney and co-plaintiffBerg, who was already sanctioned
twice for filing frivolous cases and by c.ompletely ignoring all evidence, coming from
official sources, such as Bankrupcy court in CA and Superior Court in CA" showing that
Liberi was not a resident ofPA and was under jurisdiction ofCA and CA probations
department.
12. Order 125. Court erred and showed bias by post factum granting Berg's motion for
reconsideration (document 120). while completely disregarding Taitz motion for
reconsideration and refusing to even docket letters sent by Sankey, Belcher and Hale.
13. Court erred in not COnsidering the defendant's responses in Document 121 and 127 and
specifically defendant's argument that the proper remedy will be to dismiss the case with
prejudice or alternatively without prejudice, as simply severing the case in two will be
prejudicial to the defendants, as Judges in TX and CA will have to deal with files
containing thousands ofentangled documents and pages ofprejudicial and inflammatory
material about numerous plaintiffs and will be prejudiced against the defendants from the
beginning.
As this court ordered to file a request for leave of court to file a motion, defendants are
requesting the comt to treat this letter as a request for leave of court to file a motion for stay of
transfer of the case against Defendant's Taitz and Defend Our Freedoms foundation. pending
resolution of appeal. Defendants are asking this court to consider this letter as a request for stay
of transfer. in order not to clutter the court with unnecessary additional pleadings.
Respectfully submitted,~/
lsi Orly Taitz ~ 4
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Dr. Orty Taitz. in propria persona and on behalf of Defend Our Freedoms Foundation
07.01.2010
1declare under penalty of perjury that I served all the parties in the case
..
U'
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11/07/2010
~OOl.
Philadelphia, PA 19106-1797
Fax; 261-299-7428
U.S. District Court,
Your Honor,
I am requesting that Your Honor', ruling on or about June 2. 2010 and any
or
other subsequent rulngs be vacated $0 that I may obtain eopJes 8erg'$
of fcdmess and gives the Impression thIs eourt Is giving a local attorney'':::'"
.
~', 'I.
" .
r
unfair adVantage over out of stctte defendonts. I feel tf ts partlcularty unfair"; :
as Berg was olowed to wfthdraw his actions against $ome defendants an~
not aD to Impact diversity with respect to the other defendants. ~~:
l".
Your Honor made a ruling without requiring proof Uberi lives in PA and
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Berg, liberi and Adams wnl use this ruling to stote to the world that Uberi
does not reside in NM, but PA, when it is a blatant fraudulent fabricationl
As a result of the language used in stating Liberi lives in PA we also face
possible financial consequencesJ This gives another unfair advantage to
plaintiff's offer Berg Red to create a defavlt by this defendant.
Berg and I were online friends since t 998, but had an irreversible rift on or
about March 4th, 2()(Yf, We never met in person, nor have I ever been to
PAt Uberl and Berg knew I would be an opposition witness to expose their
false sworn OffIdavtts made against the other defendants and Included me
In CI bIatont attempt to discredIt and harass me. Berg has perpetuated a
gross fraud on this court and also manipulated Your Honor in order to
smear us and aggravate our various health issues. Berg. Uberi and Adams
hove exacerbated my grief and pain as much and as often as possible.
The history leading up to the filing of this suit ;s as follows. When f was
banned on March 6, 2009; 88f9's blog began dyfng CJnd suppol1 for Berg
waned otter .uppor#erJ (who donated large sums of funds to Berg)
became upset when It was revealed by Obama suppodelJ that UbMit a
convlcfed felon, was handling donors credit card Informaffon. had access
to these donations; and Ibm Berg knew Uberi had an extensive felony
crlmlna' n:cOld Involving fhefb.. financial crimes and forgeries. Support
shifted toward others. but especially towards Dr Taitz. Berg, Uberi and
Adorns blamed me for not lying about Liberi living in NM, insteod of PA as ::::
they falsely ollage. In retaliation for warnings by Dr Taitz, the Hale's and·
myself publicly to donors (we hod no other way to warn donors as we , ,
didn't have theIr contoct info or names) that their info was Gompromiset;J~)
by Berg employing a convicted felon as his poralegol; Berg, Libert Adams.,
and their agents (used as witnesses in this suit) began a malicious smear~:::
campaign against me/us and then this suit was filed as revenge. <I..
I believe this suit was initially motivated by liberi'$ jealousy of Dr Taitz, and
c..)
Berg. in retaliation for the loss of further donations and media attention,
which others like Ed and Coren Hole, PRN and Dr. Taitz received. The river
of money olso dried up Your Honor because Berg has refused fo ac:count
for hundred. of thousands of dollatlln donaffom thot I was told he had
received prior to March 6.. 2009. An accounting MUST be mode to ensure
donors were not soUcited for funds under false pretenses and misdirected
for other uses. I believe Berg gave Uberi permission to improperly misdirect
some of the funds for her own personal benefit, possibly to pay her covrt
ordered flnes/restltution as port of her probation since the $12,000 she
stated to me Berg owed in bills that were coming due on February 1, 2009
and March 1. 2009 equaled the amount Uberi was ordered to pay each
month. I also believe there may have been other pIons for the funds by
Berg and/or Uberi than what donors were given to belIeve were needed
to finance Berg's legal challenge to Ohoma's e/igibility.llosf 00 faith and
belief in Berg's integrity.
Your Honor. Berg has previously acted In the capacity COIl my attorney,
providing legal advice to me, and representation of me several years ago
and promised confidentiality of my identity to protect me and my family
from corrupt politico I operotives whom I hove exposed in the past 10 plus
yeoo. Berg knew it was an improper conflict of interest to represent oth~r..
plaintiff's against me. yet did it to retaliate against me for not covering uti
for him about Uberi's criminal history. Berg should be permanently bafTed~
and sanctioned from any further representQtlon of third parties against "
me. In TX. it is an absolute affirmative defense against allegations of f")
defamation when speaking the truth. We spolc.e only the truth with a .
proper and legitimate intent. There Is no defamation of plaintiff's. Cf..
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Your Honor, of nofirne did Uber1ever state f() me her addre$$ was
conftdential. f provided to the court lost Aug 2009 the email which libeti
sent to me with her address to ship a box of Xmas presents In December
2008. Her nickname is "Usa" on my buddy list and thot is what shows in
chats I soved. Her email address is Uisaliberiataol.com, which is the exact
same as "Uisaliberi" as seen by any member of 001. There is no difference.
Berg and Uberi tied when they claimed if was not Uberi, or that it was
somehow manufactured evidence.
Plaintiff's and their witnesses allege Ed Hale & I threatened them. NO ONE
EVER THREATENED THEM with anything except telling the truth! l toke
deafh threats very seriously. It is not 0 joking matter to me. I have been ,t;.'::'
flving with death threats for years as a result of my oppositional political.":: "',
~
t"~
/',
." .
research. Berg cannot produce any evidence against me making threqtsJ
because it does not eXistl Libert Berg and Adams have waged a vicious
smear campaign defaming me all over the Internet. We ore their victini} I
realized on or about March 4th, 2009 that for many weel<s I had been s;
systematically set up for false accusations of "hockingtt Bergls webslte-ey
Ubert, Adams and/or their agents. I do nol have the technical compuWJr
'klIII or Icnowl~ to do ANY of the things they allege. I was olso banned
'two days loter, which they pvblicly denied. Berg was mode well aware of
many honibre things done to me, which he dearly condoned and even
encouraged os proven by his own actions.
Your Honor, I supplied the chat which occurred on or about Jan 2. 2009
to the court last August, where Uberi bragged to me how she1 Marl<
McGrew, Adams and Berg had conspired to steat the Obama divorce
documents from Ed Hale, removed the PRN watermark and claimed
credit for the documents POid for by PRN listeners in a press release issued
by Berg, which I can produce. The dates on the different versions of
documents that were posted on their website/s prove It. The first one Berg
had posted on his website bears the court stamped dote and markings of
the one PRN had bought. but with the PRN wC3termark removed. Then
(5)
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Berg replaced it on his website with the second one the PI sent them and
court stamped on Jon 2, 20091 Ed Hale can produce these. if he has not
olready.ln the press release by Berg, he fofsely accused Ed Hole of
stealing documents and claiming credit for the find. I need some time to
produce documentation to substantiote my accusations against Adams,
Berg, liberi and their ogents/wifne~es. I never delete anything, but often
saved files are misplaced on my computer and it takes time to locate.
Berg has brought the entire legal profession into ill repute with his many lies
and corrupt behaviors. Berg and Uberi have been allowed to harass us in
PA courts for over a year, costing thousands of dollars in attorney's fees,
and other expenses and mode numerous false swom affidavits defaming
us without requirement of production of one shred of evidence of
wrongdoing. Berg allowed hIS paralegal. Uta Renee Rlchordson CourvDle
UberI, who physically resides cd 2983 Plaza Blanca. santa Fe, NM 87507
and whose home landUne phone Is 505-473-'186 to melle.. false
stcstemenfs to thIs court using his law office address as her own. If called to
appear, Berg and UberI can not produce 'PA state Issued ldenflftcatfon
proving that .he lived In PA when this suit was fi~.
The plaintiffs are not innocent victims. They are wrongful actors in this suit.
In numerous radio appearances broadcast Internationally. Uberi. Berg
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and Adorns have attempted to falsely represent to the public that Uberi ;s
not the convicted felon Usa Renee Richardson CourviHe Liberi living in NM.
I do know of a person who Uberi told about her criminal post, leaving out
her guilty convictions and most of the charges and facts. This person ;s in
dire fear for her wellbeing if she comes forward, especially facing the
some degree of legal p8rsecvtion and harassment that we defendants
face..
against Dr. Toitz. I need time to locate and produce them. I strongly ~~
suspect Uberi may be behj~d complaints mode against Dr. Tatiz by othe~ .
with histOry of criminal behaviors, but I have no direct knowledge of if. I ~I
did once hear Liberi ask: one of the complainants against Dr foitz, Larry ,,)
Sinclair, to file a complaint during 0 three way phone conversation. I -n
have never known Dr T<lib to act as she has been accused by those with:!.
questionable motives and criminal histories Who are associates of Libert -Z;,
Z.LO/llOd S!tf:O#
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ho$ used hi; education and law lIcens•• not as fools for truth and Justice,
but wrongfully as evil weapon. to exact revenge for our Integrity In
revealing to donors their credlt card Info was compromised by Ubed
having access to II.
Your Honor, I am pleading with you, please hold 8erg accountable for all
'lbe wrongs he has done to us. aU the perJured affidavits he suppfied to this
court, and all the damage he has done to each of us wHh public smean.
Berg has desiroyed my ability to perform any sort of poIltk:al research In
the future to expose convptlon and devastated any poaslble sense of
$eCurHy and/or safety for me or my family In the foreseeable Mure. I ask
Berg be ordtWed to pay all our attomey'$ fee. (e-xceedlnv $5tOO for the
H~Ies, Sankey and myself) and an other expenses and that thfs case be
diSmissed with prejudice so that he can not continue to use the courts to
harass and dalTlQQe us further.
I swear under penalty of petjury by the laws of the state of TeXQS, where t
reside. that the statements made in this document are true and correct to
the best of my k:nowledge. ;;:',
Thank you.
u..
Undo S. Belcher
201 Paris st.
Castroville, TX 78009
EXHIBIT "2"
Case: 10-3000
Case 2:09-cv-01898-ER
Document: 003110340413
Document 76 Page:
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06/26/09
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O R D E R
AND IT IS SO ORDERED.
s/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.
1
To the extent that Plaintiffs have requested that Mr.
Sundquist and Rock Salt Publishing compensate them for the cost
of service in this case, that request is DENIED. The dismissal
without prejudice of Mr. Sundquist and Rock Salt Publishing is
not conditioned upon any payment to Plaintiffs.
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EXHIBIT "3"
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M E M O R A N D U M
I. BACKGROUND
“Defendants”).1
1
Some of these parties have a long and complicated
litigation history. See e.g., Berg v. Obama, 586 F.3d 234 (3d
Cir. 2009); Rhodes v. MacDonald, 670 F. Supp. 2d 1363 (M.D. Ga.
2009) (imposing $20,000 sanction on counsel Orly Taitz for use of
the legal process for an improper purpose), aff'd Rhodes v.
MacDonald, 2010 U.S. App. LEXIS 5340 (11th Cir. Mar. 15, 2010).
This litigation appears to be part of this overall dispute among
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destroy” Plaintiffs.
Salt Publishing are citizens of New Jersey, and Belcher and the
the parties.
2
On June 26, 2009, the Court granted Plaintiffs’ motion
to dismiss Defendants Sundquist and Rock Salt Publishing. See
doc. no. 76.
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cause as to why the action should not be severed and the claims
Corp., 2009 U.S. Dist. LEXIS 29137 (D.N.J. Apr. 6, 2009). Here,
three grounds. First, why this case should not be dismissed for
DOFF, and Sankey. Third, why this case should not be transferred
3
On August 10, 2009, Plaintiffs appealed the Court’s
denial of their motion for an injunction or restraining order to
the Third Circuit. On December 9, 2009, this case was placed in
suspense pending determination of the appeal. See doc. no. 83.
On May 26, 2010, the Third Circuit granted Plaintiffs’ motion to
withdraw their appeal, pursuant to Fed. R. App. P. 42(b). See
Liberi v. Taitz, No. 09-3403, dated 5/26/10.
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II. DISCUSSION
clause); Time Share Vacation Club v. Atl. Resorts, Ltd., 735 F.2d
61, 63 (3d Cir. 1984); Giusto v. Ashland Chem. Co., 994 F. Supp.
587, 592 (E.D. Pa. 1998) (“Moreover, defamation and libel may be
unique in that the act can be done in one place, but the effects
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v. Pilatus Aircraft Ltd., 566 F.3d 94, 110 (3d Cir. 2009) (citing
White v. ABCO Eng'g Corp., 199 F.3d 140, 144 (3d Cir. 1999)).4
4
In D’Jamoos, the Third Circuit contemplated a severance
and transfer of cases under § 1631, however the Circuit
specifically noted that, for purposes of inter-district
transferring, § 1631 and § 1404(a) were comparable. 566 F.3d at
110.
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496, 505 (E.D. Pa. 2007) (quoting Jumara v. State Farm Ins. Co.,
prima facie case for personal jurisdiction has been made over
witness may be unavailable for trial in one of the fora; and (6)
the location of books and records, again only to the extent they
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the familiarity of the trial judge with the applicable state law
home jurisdictions.
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statements and the context in which they were made are best
III. CONCLUSION
and private and public interests, the Court will SEVER the claims
into two independent actions and TRANSFER the cases back to the
appropriate jurisdictions.5
5
Claims against Defendants Linda Sue Belcher, Edgar
Hale, Caren Hale, Plains Radio Network, Bar H. Farms, and KPRN
A.M. 1610, Neil Sankey and Sankey Investigations, Inc. will be
transferred to the Western District Court of Texas, the
jurisdiction of which Belcher and the Hales are citizens. Claims
against Defendants Orly Taitz and Defend Our Freedoms Foundations
are transferred to the Southern Division of the Central District
of California, the jurisdiction of which Orly Taitz and Defend
Our Freedoms Foundations are citizens.
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EXHIBIT "4"
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O R D E R
Farms, and KPRN A.M. 1610, Neil Sankey and Sankey Investigations,
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is DENIED as moot.1
CLOSED.
AND IT IS SO ORDERED.
s/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.
1
All requests for leave to file pleadings submitted
during the time the case was in suspense from December 9, 2009 to
June 2, 2010, and of which only one letter was made part of the
docket (see Berg Letter in Opp'n to Def. Taitz, dated Jan. 10,
2010, doc. no. 116), are denied as moot.
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EXHIBIT "5"
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M E M O R A N D U M
I. BACKGROUND
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A. Legal Standard
Rauscher, 807 F.2d 345, 348 (3d Cir. 1986) (internal citation
Lou Ann v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999); North
River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d
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2010 and Defendant Sankey responded by fax on June 11, 2010. See
Taitz 6/10/10 Ltr., doc. no. 121 (docketed 6/14/10); see also
record.1
errors in the Court's 6/3/10 Order that severed the action and
1. Points 6, 8 and 9
1
Defendant Taitz’s response does not substantively
address Plaintiff Berg’s motion for leave to file a motion for
reconsideration, thus it is inapposite to the issues at bar.
Defendant Sankey’s letter disputes Plaintiff Liberi’s
assertions of Pennsylvania citizenship and argues that Plaintiff
Liberi is a citizen of New Mexico. See Sankey Ltr., dated June
11, 2010. However, diversity jurisdiction would only be
destroyed if Plaintiff Liberi was a citizen of either of the
states of which Defendants are citizens: California or Texas.
Thus, the issue is inapposite to Plaintiff Berg’s motion for
leave to file a motion for reconsideration and the legal
conclusions reached in this case.
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denied.
2. Points 1, 2, 3, 4 and 5
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California.
yet been transferred and the error has no impact on the legal
3. Point 7
Point 7 is as follows:
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See id. at 2.
III. CONCLUSION
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AMENDED ORDER
follows. On June 25, 2009, the Court issued a rule to show cause
Hales; (ii) Belcher; (iii) Taitz, DOFF, and Sankey; and (3)
1
On June 25, 2009, the Court issued an order that no
further motions shall be filled without prior leave of the Court.
See Court Order, doc. no. 78. No motions granted leave to file
are currently pending.
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the Court will now SEVER the instant case into two separate,
Radio Network, Bar H. Farms, and KPRN A.M. 1610 are transferred
Neil Sankey, The Sankey Firm and Sankey Investigations, Inc. are
California.2
CLOSED.
AND IT IS SO ORDERED.
s/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.
2
All requests for leave to file pleadings submitted
during the time the case was in suspense from December 9, 2009 to
June 4, 2010, of which only one letter was made part of the
docket (see Berg Letter in Opp'n to Def. Taitz, dated Jan. 10,
2010, doc. no. 116), are denied as moot.
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