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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


Case: 10-3000 Document: 003110354767 Page: 2 Date Filed: 11/20/2010

TABLE OF CONTENTS
Pages

TABLE OF CONTENTS……………….………………………………….……….….i

TABLE OF AUTHORITIES……………………………………….……………....ii-iii

STATEMENT OF FACTS………………………………………….………………1-9

ARGUMENT………………………………………………..………….………….9-14

I. 28 U.S.C. § 1927 is Inapplicable and Sanctions are Not


Warranted……………………………………………………….…....9-13

II. Appellants Request to have Appellees Brief Stricken


Is Frivolous and without Merit………………………….………….13-14

CONCLUSION………………….………………………….…………..……………15

CERTIFICATE OF SERVICE……………………………………………..…….16-17

Exhibit “A ” Nov. 10, 2010 Order of Non-Compliance


Served upon Appellant Orly Taitz

Exhibit “B” Nov. 10, 2010 Email fraudulently set-up using


Appellee Lisa Liberi's Name

Exhibit “C” Copies of Website set-up Fraudulently using


Appellee Lisa Liberi's Name

Exhibit “D” Feb. 2, 2010 3rd Circuit Order to Show Cause served
Upon Court Reporter, Joan Carr

Exhibit "E" Feb. 17, 2010 Joan Carr's Response to the 3rd Circuit's
Order to Show Cause

Exhibit "F" 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

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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.

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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.

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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 Non-

Compliance 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,

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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

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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

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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 BRIEF


STRICKEN is FRIVOLOUS and WITHOUT MERIT:

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,

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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 Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 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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Case: 10-3000 Document: 003110354768 Page: 1 Date Filed: 11/20/2010

EXHIBIT "A"
Case:
Case:10-3000
10-3000 Document:
Document:003110343984
003110354768 Page:
Page:21 Date
DateFiled:
Filed:
11/20/2010
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:
Case:10-3000
10-3000 Document:
Document:003110343984
003110354768 Page:
Page:32 Date
DateFiled:
Filed:
11/20/2010
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: 10-3000 Document: 003110354768 Page: 7
http://lisaliberi.com/ Date Filed: 11/20/2010

Lisa Liberi, Convicted Felon To search, type and hit enter

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: CATEGORIES


It Was Lisa T OP COMMENT S

by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T Me! Me! All About Me!


Convicted Felon says:
Jerry, Jerry, Jerry… I My Fans
The courts should never have let Larry Flynt off,
since he got it all wrong. I wasn’t screwing my thought this was our little
ARCHIVES
grandmother in that outhouse, I was screwing Lisa. secret. more

November 2010 Reverend Jerry Falwell RECENT POSTS


read all
It was Lisa
Gun Barrel Caliber
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Gun Barrel Caliber T OP COMMENT S A great woman!
Log in I’m Famous!
by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T
Convicted Felon says:
Entries RSS
I like to see girls of Lisa’s … caliber. By “caliber,” of I helped Dr. Evil invent his
Comments RSS
course, I refer to both their teeny-tiny gun barrels freeze ray, but he doesn’t
WordPress.org RECENT COMMENTS
and the low quality of their characters… Two want to give me... more

meanings… caliber… it’s a homonym… Forget it. Dr. Convicted Felon on It was
read all Lisa
Evil
Convicted Felon on A great
woman!
Convicted Felon on Gun
A Great Woman! T OP COMMENT S Barrel Caliber
by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T Convicted Felon on I’m
Convicted Felon says:
You believe in
Famous!
Lisa is a truly great woman and will go down in
history as one of the great sociopathic, psychopathic, re-incarnation, too!!!

mean-as-hell vicious and vindictive bitches. She puts Thank God. I thought I was

me to shame. She reminds me of Ilse Koch! nuts. more

Everything written here is absolutely …


read all

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I’m Famous! T OP COMMENT S

by Convict ed F elo n on N OV EM BER 9 , 2 0 1 0 - 1 C OM M EN T


Convicted Felon says:

Do you like my photo? The good people at the New I’m so hot, I’m a brilliant

Mexico Department of Corrections were kind enough mastermind, my shit smells

to photograph me. I’m very proud that they have like roses,... more

featured my photograph on their website.


read all

1 of 1 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 Date Filed: 11/20/2010
http://lisaliberi.com/about/

Lisa Liberi, Convicted Felon To search, type and hit enter

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:
About Me! Me! Me! CATEGORIES

Me! Me! All About 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 My Fans
re-incarnation.
ARCHIVES

November 2010 I am the daughter of a factory foreman. I was known as a polite and happy child at RECENT POSTS
elementary school. At the age of 15 I entered an accountancy school where I learned
It was Lisa
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 Gun Barrel Caliber
META
met my husband, marrying him two years later. A great woman!
Log in I’m Famous!
Entries RSS I worked as a guard and secretary at a concentration camp, which my fiancé
commanded. We married when he was made commandant.
Comments RSS
WordPress.org RECENT COMMENTS
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. Convicted Felon on It was
Lisa
Drunk on the absolute power rendered by my husband, I reveled in torture and Convicted Felon on A great
obscenity. I am Infamous for my souvenirs; tattoos taken from murdered inmates. woman!
My reputation for debauchery was well earned.
Convicted Felon on Gun
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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. Convicted Felon on I’m
Famous!
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.”

1 of 1 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

Lisa Liberi, Convicted Felon To search, type and hit enter

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 So Glamorous CATEGORIES

Me! Me! All About Me!


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 My Fans
great ladies, or if I am related. Most often, I’m told I look like Charlize Theron, but I
ARCHIVES
think I look more like Aileen Wuornos.
November 2010 RECENT POSTS
What do you think? Please leave a comment and let me know who you think I look
It was Lisa
the most like.
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META
A great woman!
Log in I’m Famous!
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WordPress.org RECENT COMMENTS

Convicted Felon on It was


Lisa
Convicted Felon on A great
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Rosemary West Barrel Caliber
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Rosemary Pauline “Rose” West (née Famous!
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an inmate at HMP Low Newton, Teresa Wilson Bean Lewis (April 26,
Brasside, Durham, after being 1969 – September 23, 2010) was an
convicted of 10 murders in 1995. 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.

1 of 1 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

Lisa Liberi, Convicted Felon To search, type and hit enter

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:
Gun Barrel Caliber CATEGORIES

by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T Me! Me! All About Me!


My Fans
I like to see girls of Lisa’s … caliber. By

ARCHIVES “caliber,” of course, I refer to both their


teeny-tiny gun barrels and the low quality of
November 2010 their characters… Two meanings… caliber… RECENT POSTS

it’s a homonym… Forget it. It was Lisa


Gun Barrel Caliber
META Dr. Evil
A great woman!
Log in I’m Famous!
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Comments RSS
WordPress.org Dr. Evil RECENT COMMENTS

Convicted Felon on It was


This entry was posted in My Fans. Bookmark the permalink. Lisa
Convicted Felon on A great
woman!
← A great woman! It was Lisa → Convicted Felon on Gun
Barrel Caliber
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Famous!
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.

Reply

1 of 1 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 Date Filed: 11/20/2010
http://lisaliberi.com/my-fans/it-was-lisa/

Lisa Liberi, Convicted Felon To search, type and hit enter

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:
It was Lisa CATEGORIES

by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T Me! Me! All About Me!


My Fans
The courts should never have let Larry

ARCHIVES Flynt off, since he got it all wrong.

November 2010 I wasn’t screwing my grandmother in that RECENT POSTS


outhouse, I was screwing Lisa.
It was Lisa

Reverend Jerry Falwell Gun Barrel Caliber


META
A great woman!
Log in I’m Famous!
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Convicted Felon on It was


Lisa
Reverend Jerry Falwell Convicted Felon on A great
woman!
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This entry was posted in My Fans. Bookmark the permalink.
Barrel Caliber
Convicted Felon on I’m
Famous!
← Gun Barrel Caliber

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.

Reply

1 of 1 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

Lisa Liberi, Convicted Felon To search, type and hit enter

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:
A great woman! CATEGORIES

by Convict ed F elo n on N OV EM BER 1 0 , 2 0 1 0 - 1 COM M EN T Me! Me! All About Me!


My Fans
Lisa is a truly great woman and will go down

ARCHIVES in history as one of the great sociopathic,


psychopathic, mean-as-hell vicious and
November 2010 vindictive bitches. She puts me to shame. RECENT POSTS

She reminds me of Ilse Koch! It was Lisa


Gun Barrel Caliber
META Everything written here is absolutely true
A great woman!
and accurate. I consult with her on her
Log in activities almost daily. I’m Famous!
Entries RSS
Comments RSS So, enjoy her writings and I hope you get

WordPress.org some great ideas to use in your own lives. RECENT COMMENTS

Herr Dr. Josef Mengele Dr. Josef Mengele Convicted Felon on It was
Lisa
Convicted Felon on A great
This entry was posted in My Fans. Bookmark the permalink. woman!
Convicted Felon on Gun
Barrel Caliber
← I’m Famous! Gun Barrel Caliber →
Convicted Felon on I’m
Famous!

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.

Reply

1 of 1 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

Lisa Liberi, Convicted Felon To search, type and hit enter

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! CATEGORIES

by Convict ed F elo n on N OV EM BER 9 , 2 0 1 0 - 1 C OM M EN T Me! Me! All About Me!


My Fans
Do you like my photo?

ARCHIVES
The good people at the New Mexico Department of Corrections were kind enough to
November 2010 photograph me. I’m very proud that they have featured my photograph on their RECENT POSTS
website.
It was Lisa
Gun Barrel Caliber
META This entry was posted in Me! Me! All About Me!. Bookmark the permalink.
A great woman!
Log in I’m Famous!
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A great woman! →
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Convicted Felon on It was


One Response to I’m Famous!
Lisa
Convicted Felon on A great
Convicted Felon says:
woman!
November 9, 2010 at 6:56 pm
Convicted Felon on Gun
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I’m so hot, I’m a brilliant mastermind, my shit smells like roses, and I have
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the biggest ego in the criminal universe!
Famous!
Reply

1 of 1 11/20/2010 12:20 AM
Case: 10-3000 Document: 003110354768 Page: 14 Date Filed: 11/20/2010

EXHIBIT "D"
Case:
Case:10-3000
09-3403 Document:
Document:003110354768
003110006313 Page:
Page:15
1 Date
DateFiled:
Filed:02/02/2010
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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110023894 Page:
Page:17
1 Date
DateFiled:
Filed:02/17/2010
11/20/2010
Case:
Case:10-3000
09-3403 Document:
Document:003110354768
003110023894 Page:
Page:18
2 Date
DateFiled:
Filed:02/17/2010
11/20/2010
Case: 10-3000 Document: 003110354768 Page: 19 Date Filed: 11/20/2010

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

U.S. District Court,


Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:21
2 Date
DateFiled:
Filed:04/21/2010
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. APPELLANTS WITHDRAW OF THEIR APPEAL


IS APPROPRIATE IN THIS SITUTATION……………………....5-6

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

TABLE OF AUTHORITIES

Cases Page(s)

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

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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:23
4 Date
DateFiled:
Filed:04/21/2010
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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:24
5 Date
DateFiled:
Filed:04/21/2010
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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:25
6 Date
DateFiled:
Filed:04/21/2010
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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:26
7 Date
DateFiled:
Filed:04/21/2010
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:
Case:10-3000
09-3403 Document:
Document:003110354768
003110112231 Page:
Page:27
8 Date
DateFiled:
Filed:04/21/2010
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 APPEAL IS


APPROPRIATE IN THIS SITUTATION:

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.

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Document:003110354768
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Page:28
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DateFiled:
Filed:04/21/2010
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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.”

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10 Date Filed: 11/20/2010
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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’

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11 Date Filed: 11/20/2010
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U.S. District Court,


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

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

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

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