Professional Documents
Culture Documents
NO. 10-3000
__________________________
Plaintiffs / Appellees,
v.
Defendants / Appellants.
__________________________________________________________________
APPELLEES RESPONSE IN OPPOSITION TO APPELLANTS
MOTION FOR SANCTIONS AND TO STRIKE APPELLEES BRIEF
__________________________________________________________________
TABLE OF CONTENTS
Pages
TABLE OF CONTENTS……………….………………………………….……….….i
TABLE OF AUTHORITIES……………………………………….……………....ii-iii
STATEMENT OF FACTS………………………………………….………………1-9
ARGUMENT………………………………………………..………….………….9-14
CONCLUSION………………….………………………….…………..……………15
CERTIFICATE OF SERVICE……………………………………………..…….16-17
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
i
Case: 10-3000 Document: 003110354767 Page: 3 Date Filed: 11/20/2010
TABLE OF AUTHORITIES
CASES: Page(s)
Baker Industr. Inc. V. Cerberus, Ltd., 764 F.2d 204 (3d Cir. 1985)……..….…….12
In Re: David Leroy Beers, 2010 U.S. App. LEXIS 22475 (3d Cir. 2010…....……11
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)
ii
Case: 10-3000 Document: 003110354767 Page: 4 Date Filed: 11/20/2010
Page(s)
Rule 27……………………………………………………………………………...4
Page(s)
Rule 12f…………………………………………………………………………………………..14
iii
Case: 10-3000 Document: 003110354767 Page: 5 Date Filed: 11/20/2010
[hereinafter “Berg”], the Law Offices of Philip J. Berg; Evelyn Adams a/k/a
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
STATEMENT OF FACTS:
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;
World Wide Web (all over the Internet); illegally sending by mass emailing,
Appellee Lisa Liberi's full Social Security number, date of birth, place of birth,
residence, husband's Social Security number, mother's maiden name, father's name
1
Case: 10-3000 Document: 003110354767 Page: 6 Date Filed: 11/20/2010
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".
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 Brief contained many false statements and accusations. In fact, Taitz's
Brief is packed with false and deceptive practices. In particular, Appellant Taitz
Waddell made statements in her Affidavits which were never made and claimed
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,
1
With all the confidential information Appellant, Orly Taitz sent out on Appellee
Lisa Liberi, any unknown person has all the information to obtain primary identity
documents in Appellee Lisa Liberi's name.
2
Case: 10-3000 Document: 003110354767 Page: 7 Date Filed: 11/20/2010
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.
Appendice. For example, Appellant Taitz failed to attach her Notice of Appeal;
and attached documents which she (Appellant Taitz) filed in the Lower Court
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,
3
Case: 10-3000 Document: 003110354767 Page: 8 Date Filed: 11/20/2010
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
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
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
4
Case: 10-3000 Document: 003110354767 Page: 9 Date Filed: 11/20/2010
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
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.
5
Case: 10-3000 Document: 003110354767 Page: 10 Date Filed: 11/20/2010
What Taitz has provided is a purported picture of Appellee Lisa Liberi, which
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
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
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
Appellant Taitz has made many false statements in her instant Motion. It
would take Appellees numerous pages to address every false statement, for this
6
Case: 10-3000 Document: 003110354767 Page: 11 Date Filed: 11/20/2010
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
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
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-
7
Case: 10-3000 Document: 003110354767 Page: 12 Date Filed: 11/20/2010
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".
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
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
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
that of Appellee Liberi. Appellant Taitz has even gone on radio shows talking
about Appellee Liberi stating, "And I have provided directions, I have provided
8
Case: 10-3000 Document: 003110354767 Page: 13 Date Filed: 11/20/2010
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
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
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
Procedure. Westinghouse Electric Corp. v NLRB, 809 F2d 419 (7th Cir. 1987).
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
9
Case: 10-3000 Document: 003110354767 Page: 14 Date Filed: 11/20/2010
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.
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
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.
10
Case: 10-3000 Document: 003110354767 Page: 15 Date Filed: 11/20/2010
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
lies and false statements. Thus, the above arguments of Appellants support this
Court Sanctioning Appellant. Appellant Taitz has a habit of accusing her victims
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)
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
11
Case: 10-3000 Document: 003110354767 Page: 16 Date Filed: 11/20/2010
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
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,
As this Court can see from its own Docket, it is Appellant Taitz who has
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
12
Case: 10-3000 Document: 003110354767 Page: 17 Date Filed: 11/20/2010
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.
absolutely no argument, legal basis, and/or legal authority to support her request.
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.
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.
well aware that Appellees Brief was properly filed and in response to her filings,
13
Case: 10-3000 Document: 003110354767 Page: 18 Date Filed: 11/20/2010
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
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
Appendice.
and Appellees must be awarded their Costs and Attorney Fees in defending
14
Case: 10-3000 Document: 003110354767 Page: 19 Date Filed: 11/20/2010
CONCLUSION:
and Appellees must be Awarded their Costs and Attorney Fees for defending
Respectfully submitted,
15
Case: 10-3000 Document: 003110354767 Page: 20 Date Filed: 11/20/2010
CERTIFICATE OF SERVICE
_____________________
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
Orly Taitz
Defend our Freedoms Foundation, Inc. (unrepresented)
26302 La Paz Ste 211
Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com
16
Case: 10-3000 Document: 003110354767 Page: 21 Date Filed: 11/20/2010
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
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
17
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
10-3000
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
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.
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
Yours,
Convicted Felon
Case: 10-3000 Document: 003110354768 Page: 6 Date Filed: 11/20/2010
EXHIBIT "C"
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Case: 10-3000 Document: 003110354768 Page: 7
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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
09-3403
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.
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
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Document:003110354768
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Page:20
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TABLE OF CONTENTS
Pages
TABLE OF CONTENTS…………………………………………………………...i
TABLE OF AUTHORITIES…..……………………………………………...……ii
STATEMENT OF FACTS…...…………………………………….………………3
ARGUMENT………………………………………………………..…………...5-7
CONCLUSION………………………………………………………………….…7
CERTIFICATE OF SERVICE…………………………………………………...8-9
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TABLE OF AUTHORITIES
Cases Page(s)
In re Penn Cent. Transp. Co., 630 F.2d 183, 189-90 (3d Cir. 1980)………….……7
Page(s)
Rule 42(b)………………………………..………………………………1, 2, 5, 6, 7
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Esquire [hereinafter “Berg”], the Law Offices of Philip J. Berg; Evelyn Adams
Go Excel Global by and through their undersigned counsel, Philip J. Berg, Esquire,
Their Appeal pursuant to the Federal Rules of Appellate Procedure 42(b) [F.R.A.P.
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;
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Appeal to the Third Circuit on August 17, 2009, eight [8] months ago and
therefore the Appeal is Moot;
their Appeal or in the Alternative this Court Grant their Voluntary Dismissal of
Respectfully submitted,
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I. STATEMENT OF FACTS:
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
Liberi’s full Social Security number; date of birth; place of birth; mother’s maiden
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
Defendant/Respondent Taitz has admitted in her filings with the lower Court.
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.
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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
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
over eight [8] months ago. In December 2009, Judge Robreno in the lower Court
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,
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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
F.R.A.P. 42(b).
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]
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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Supp. 445, 446-47 (E.D. Pa. 1994). The irreparable harm requirement is only met
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
Here, the damages have incurred since the filing of their Interlocutory
Appeal which a TRO [Temporary Restraining Order] and/or Injunction will not
appropriate.
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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).
IV. CONCLUSION:
Respectfully submitted,
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CERTIFICATE OF SERVICE
_____________________
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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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
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