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

#:4249

1 Philip J. Berg, Esquire


2
Pennsylvania I.D. 9867
LAW OFFICES OF PHILIP J. BERG
3 555 Andorra Glen Court, Suite 12
4 Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney in pro se and for Plaintiffs
6
Lisa Ostella and
7 Go Excel Global, Plaintiffs
8 c/o Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
9
Lafayette Hill, PA 19444-2531
10
11
Lisa Liberi, Plaintiff
c/o Philip J. Berg, Esquire
12 555 Andorra Glen Court, Suite 12
13 Lafayette Hill, PA 19444-2531

14 UNITED STATES DISTRICT COURT


15 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION
16
17
LISA LIBERI, et al, :
18 : CIVIL ACTION NUMBER:
:
19 Plaintiffs, : 8:11-cv-00485-AG (AJW)
:
20 :
vs. : PLAINTIFFS NOTICE OF
21 :
: MOTION AND MOTION FOR
22 ORLY TAITZ, et al, : LEAVE TO FILE A FIRST
: AMENDED COMPLAINT; and FOR
23 :
Defendants. : AN ORDER REQUIRING THE
24 : PARTIES TO SEEK LEAVE OF
:
25 : COURT PRIOR TO THE FILING
: OF ANY MOTIONS or PAPERS
26 :
: Date of Hearing: May 31, 2011
27 : Time of Hearing: 10:00 a.m.
: Location: Courtroom 10D
28 :

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


Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 2 of 6 Page ID
#:4250

1 PLANITIFFS NOTICE OF MOTION and MOTION FOR ORDER


2
GRANTING LEAVE TO PLAINTIFFS TO FILE A FIRST AMENDED
COMPLAINT; and FOR AN ORDER THAT LEAVE MUST BE GRANTED
3 BY THE COURT PRIOR TO THE FILING OF ANY MOTIONS
4
5 COMES NOW Plaintiffs, Philip J. Berg, Esquire [hereinafter at times
6
“Berg”]; Lisa Ostella [hereinafter at times “Ostella”]; Lisa Liberi [hereinafter at
7
8 times “Liberi”], Go Excel Global and the Law Offices of Philip J. Berg and files

9 the within Notice of Motion; Motion; Memorandum of Points and Authorities; and
10
Declaration of Philip J. Berg, Esquire seeking Leave to file a First Amended
11
12 Complaint; and for an Order that Leave must be Granted by the Court prior to the
13
filing of any Motions. In support hereof, Plaintiffs aver the following:
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1. Although Plaintiffs have provided a Hearing date of May 31, 2011, it

16 is Plaintiffs position that a Hearing is not required for an Order Granting Leave for
17
Plaintiffs to file their First Amended Complaint; and/or for an Order requiring an
18
19 Order of the Court Granting Leave prior to the filing of any Motions. However, if
20
this Court feels a Hearing is necessary, Plaintiffs are requesting the Hearing date to
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be moved to May 9, 2011, as the parties will be present before the Court on
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23 Defendant Taitz’s Motion to “Terminate” Philip J. Berg, Esquire from representing
24
the Plaintiffs.
25
26 2. Filed concurrently herewith is Plaintiffs Application for an Ex Parte
27 Order or in the alternative an Order Shortening Time for Defendants to Respond to
28

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


Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 3 of 6 Page ID
#:4251

1 Plaintiffs Motion Seeking Leave to file a First Amended Complaint; and an Order
2
that Leave must be Granted by the Court prior to the filing of any Motions.
3
4 3. In regards to the alternative, Plaintiffs have requested the Court to
5 shorten the time, Plaintiffs are asking that Defendants Respond to their Motion on
6
or before May 4, 2011; and Plaintiffs Reply thereto, if any, be due on or before
7
8 May 6, 2011, with the Hearing, if the Court deems it necessary, to be held on May
9
9, 2011 along with Defendant Taitz’s Motion to “Terminate” Philip J. Berg,
10
11 Esquire from representing the Plaintiffs.

12 4. Not only are Plaintiffs’ counsel having to fly into California for the
13
Hearings, Defendant Orly Taitz on behalf of herself and Defend our Freedoms
14
15 Foundations, Inc. have filed an Anti-SLAPP Motion and Motion to Dismiss
16
pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Although improper, as these
17
18
Motions have already been filed and adjudicated, a Court date is nevertheless set

19 for May 23, 2011 and Plaintiffs must respond by the appropriate time. As this
20
Court is aware, the filing of a First Amended Complaint moots any pending
21
22 Motions to Dismiss, including Anti-SLAPP Motions and therefore would also
23
moot the Court date of May 23, 2011; and Plaintiffs requirement to respond to
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Defendant Taitz’s Motion.
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26
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Liberi, et al Motion for Leave to file a 1st Amended Complaint… 3


Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 4 of 6 Page ID
#:4252

1 5. Good Cause exists for this Court to grant Plaintiffs Leave to File a
2
First Amended Complaint. The case was originally brought in Pennsylvania, and
3
4 therefore is not compliant with the California laws and/or rules.
5 6. This Motion is made following the conference of counsel, which took
6
place on April 27, 2011, pursuant to this Court’s L.R’s. 7-3 and 7-19.
7
8 7. This Motion is based upon this Notice of Motion, Motion,
9
Memorandum of Points and Authorities in Support hereof; Declaration of Philip J.
10
11 Berg, Esquire; and upon records on file with this Court and such further oral and/or

12 documentary evidence that may be presented at the time of the Hearing, if the
13
Court finds a Hearing necessary.
14
15 8. Plaintiffs have not previously requested Leave to Amend their
16
Complaint; and Plaintiffs bring this timely Motion as the case was just transferred
17
18
to this District. Defendants will not be prejudiced by allowing Plaintiffs to Amend

19 their Complaint.
20
9. For the reasons stated herein, and for Good Cause Show, Plaintiffs
21
22 respectfully request this Court to Grant their Motion to Amend their Complaint;
23
and Grant their Request for an Order that all parties must seek Leave of Court prior
24
to the filing of any Motions.
25
26 //
27 //
//
28 //

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


Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 5 of 6 Page ID
#:4253

1
Respectfully submitted,
2
3
4 Dated: April 29, 2011 /s/ Philip J. Berg
5 Philip J. Berg, Esquire
Pennsylvania I.D. 9867
6 LAW OFFICES OF PHILIP J. BERG
7 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
8
Telephone: (610) 825-3134
9 E-mail: philjberg@gmail.com
10
Attorney for the other Plaintiffs
11
12
Dated: April 29, 2011 /s/ Lisa Ostella
13 LISA OSTELLA, Plaintiff
14 c/o Philip J. Berg, Esquire
LAW OFFICES OF PHILIP J. BERG
15 555 Andorra Glen Court, Suite 12
16 Lafayette Hill, PA 19444-2531
17
18 Dated: April 29, 2011 /s/ Lisa Liberi
LISA LIBERI, Plaintiff
19
c/o Philip J. Berg, Esquire
20 LAW OFFICES OF PHILIP J. BERG
21 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
22
23
24
25
26
27
28

Liberi, et al Motion for Leave to file a 1st Amended Complaint… 5


Case 8:11-cv-00485-AG -AJW Document 181 Filed 04/29/11 Page 6 of 6 Page ID
#:4254

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


Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 1 of 9 Page ID
#:4255

1 Philip J. Berg, Esquire


2
Pennsylvania I.D. 9867
LAW OFFICES OF PHILIP J. BERG
3 555 Andorra Glen Court, Suite 12
4 Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney in pro se and for Plaintiffs
6
Lisa Ostella and
7 Go Excel Global, Plaintiffs
8 c/o Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
9
Lafayette Hill, PA 19444-2531
10
11
Lisa Liberi, Plaintiff
c/o Philip J. Berg, Esquire
12 555 Andorra Glen Court, Suite 12
13 Lafayette Hill, PA 19444-2531

14 UNITED STATES DISTRICT COURT


15 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION
16
17
LISA LIBERI, et al, :
18 : CIVIL ACTION NUMBER:
:
19 Plaintiffs, : 8:11-cv-00485-AG (AJW)
:
20 :
vs. : PLAINTIFFS MEMORANDUM OF
21 :
: POINTS AND AUTHORITIES IN
22 ORLY TAITZ, et al, : SUPPORT OF THEIR MOTION
: FOR LEAVE TO FILE A FIRST
23 :
Defendants. : AMENDED COMPLAINT; and FOR
24 : AN ORDER REQUIRING THE
:
25 : PARTIES TO SEEK LEAVE OF
: COURT PRIOR TO THE FILING
26 :
: OF ANY MOTIONS or PAPERS
27 :
: Date of Hearing: May 31, 2011
28 : Time of Hearing: 10:00 a.m.
Location: Courtroom 10D

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 1
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 2 of 9 Page ID
#:4256

1 PLAINTIFFS MEMORANDUM OF POINTS and


2
AUTHORITIES IN SUPPORT OF THEIR MOTION

3 I. INTRODUCTION
4
1. This is an Action based on full Diversity Jurisdiction for preliminary
5
6 and permanent injunctive relief and damages for the Defendants illegal conduct,
7
which includes Invasion of Privacy; Invasion of Plaintiffs Solitude; Publication of
8
Private Facts; Placing Plaintiffs in a False Light; Cyber-Stalking; Cyber-
9
10 Harassment; Cyber-Bullying; Slander; Libel; Defamation; Intentional Infliction of
11
Emotional Distress; Violations of Cal. Civ. Code 1798.53 and 1798.85; and now
12
13 Malicious Prosecution and Abuse of Process. Plaintiffs have been severely
14 damaged as a result of Defendants egregious, malicious conduct.
15
II. LEAVE SHOULD BE GRANTED ALLOWING PLAINTIFFS
16
TO AMEND THEIR COMPLAINT
17
18
A. Leave is Freely Granted.

19 2. Federal Rule of Civil Procedure 15(a)(2) allows the Court to Grant


20
Leave to Plaintiffs allowing Plaintiffs to file a First Amended Complaint. As this
21
22 Court is aware, the Court should freely give Leave to Plaintiffs to file a First
23
Amended Complaint when justice so requires. See Fed. R. Civ. P. 15(a)(2). The
24
United States Supreme Court, the Ninth Circuit, and this Court have repeatedly
25
26 reaffirmed that leave to amend is to be granted with "extreme liberality." DCD
27
Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (citation omitted);
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 2
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 3 of 9 Page ID
#:4257

1 See, e.g., Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 230 (1962) (leave to
2
amend should be freely given); Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d
3
4 1048, 1052 (9th Cir. 2003) (“Absent prejudice, or a strong showing of any of the
5 remaining Foman factors, there exists a presumption under Rule 15(a) in favor of
6
granting leave to amend.”) (emphasis in original); United States v. Webb, 655 F.2d
7
8 977, 979 (9th Cir. 1981) (courts should be guided by policy favoring decisions on
9
the merits "rather than on the pleadings or technicalities"); See also Moore, 3-15
10
11 Moore's Federal Practice - Civil § 15.14 ("A liberal, pro-amendment ethos

12 dominates the intent and judicial construction of Rule 15(a)."). The primary
13
factors relied upon by the Supreme Court and the Ninth Circuit in denying a
14
15 motion for leave to amend are "bad faith, undue delay, prejudice to the opposing
16
party, and futility of amendment." DCD Programs, 833 F.2d at 186. None of these
17
18
factors are present here.

19 B. Amendment Should Be Permitted


20
21
22 3. Plaintiffs originally filed suit on May 4, 2009 in the U.S. District

23 Court, Eastern District of Pennsylvania. Defendants moved to have the case


24
transferred to this District, which Plaintiffs conceded to and filed their own Motoin
25
26 for the transfer. The case has since been transferred to this Court, where all the
27
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 3
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 4 of 9 Page ID
#:4258

1 Defendants are located. None of the Plaintiffs reside in the State of California.
2
Therefore, Plaintiffs Complaint is not compliant with the California laws.
3
4 4. Moreover, Plaintiffs now have the names of other Defendants and
5 therefore must amend to replace Doe Defendants with the names of the actual
6
parties. Further, new causes of action have arisen, in particular Malicious
7
8 Prosecution and Abuse of Process by Defendant Orly Taitz filing of an Emergency
9
Motion for the Revocation of Probation against Liberi, based on false and
10
11 manufactured allegations and accusations. At all times, Taitz was fully aware her

12 allegations and accusations against Liberi were false. Taitz filed her Motion on
13
March 8, 2011 with the San Bernardino County Superior Court, Rancho
14
15 Cucamonga Division in Case FWV-028000. Therefore, Plaintiffs must Amend
16
their Complaint to include these causes of Action.
17
18
5. In addition, on April 25, 2011, Taitz has filed another Motion to

19 Dismiss this Case pursuant to Anti-SLAPP and Fed. R. Civ. P. 12(b)(1) and
20
12(b)(6). This Hearing date has been set for May 23, 2011 before this Court.
21
22 Although Taitz has filed a previous Anti SLAPP Motion and numerous Rule 12
23
Motions, which have all been litigated and adjudicated, even though the repeated
24
filing are inappropriate and incompliant with the Fed. R. of Civ. P. Moreover, the
25
26 Scheduling Conference has been set in this Case for June 6, 2011.
27
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 4
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 5 of 9 Page ID
#:4259

1 6. On April 28, 2011, the Court entered a notice of deficiency as to Orly


2
Taitz’s filing on April 25, 2011. Taitz continually refuses to follow this Court’s
3
4 Rules and the Fed. R. of Civ. P. Taitz Motion was over the length allowed; Taitz
5 single spaced paragraphs in her Motion to utilize less paper, instead of the required
6
double space pursuant to the rules; Taitz did not give enough notice of the hearing;
7
8 and Taitz failed to number her paragraphs. Taitz will continue filing, setting
9
hearings, which is a waste of judicial resource and extremely prejudicial to the
10
11 Plaintiffs, as Plaintiffs will not be able to afford to continue their litigation, thereby

12 being deprived of their right to cost efficient litigation and redress.


13
7. As this Court is aware, the filing of an Amended Complaint moots
14
15 any pending Motions to Dismiss, including Anti-SLAPP Motions. There is no
16
reason to have a Hearing on May 23, 2011 and another hearing on May 31, 2011, a
17
18
week apart, if this Court is inclined to grant Plaintiffs Motion and allow them to

19 file their First Amended Complaint. Further, there would be no need for the
20
Plaintiffs to Respond to Defendant Taitz’s Motion to Dismiss and/or Anti-SLAPP
21
22 Motion as it will be deemed moot. Not that Mr. Berg minds appearing before Your
23
Honor, there is simply no reason to have Mr. Berg fly in every week, when it is
24
more cost efficient to have Plaintiffs Motion for Leave to Amend their Complaint
25
26 heard on the 9th of May at the same time as Defendants Motion, if the Court feels a
27
Hearing is necessary.
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 5
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 6 of 9 Page ID
#:4260

1 8. Not only are Plaintiffs required to file a Response to Taitz April 25,
2
2011 filing, the travel expenses alone are extremely expensive and it takes Counsel
3
4 away from his Office for several days at a time for a Hearing on Defendant Taitz’s
5 Motion to Dismiss, which will be deemed moot, once Leave is Granted for
6
Plaintiffs to file their First Amended Complaint. Further, Plaintiffs cannot afford
7
8 to pay for constant California trips. There is no question in the Plaintiffs minds
9
that once Plaintiffs are Granted Leave to File, and actually file their First Amended
10
11 Complaint, Defendant Taitz will bring forth yet another Motion to Dismiss, which

12 will require another Hearing.


13
9. Amendment should be permitted here because this case is at an early
14
15 stage, Plaintiffs are acting in good faith and have not delayed in seeking the
16
amendment, and Defendants will not be prejudiced by allowing Plaintiffs to
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Amend. However, if Plaintiffs are denied they will be severely prejudiced.

19 10. For the reasons stated herein, Plaintiffs respectfully request this Court
20
to Grant their Motion and allow them to file their First Amended Complaint within
21
22 twenty-one [21] days of the Court’s Order.
23
24 II. IT IS IMPERATIVE THAT THIS COURT ISSUE AN ORDER
THAT PARTIES MUST SEEK LEAVE PRIOR TO FILING
25
ANY MOTIONS
26
27 11. As for Plaintiffs Request for an Order that all parties are to seek Leave

28 of Court prior to the filing of any Motions, as this Court can see from the Docket

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 6
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 7 of 9 Page ID
#:4261

1 Defendant Taitz has a bad habit of filing Motions after Motions after Motions
2
which do not have any Merit. Plaintiffs are then forced to respond to the filings,
3
4 so they do not waive their rights or so the Court does not think Plaintiffs are in
5 agreement with the Defendants filings. This is proven by the fact Taitz has filed
6
two [2] Motions in the short time this case has been assigned to this Court. Taitz
7
8 Motion to Dismiss pursuant to Anti-SLAPP; and Fed. R. Civ. P. 12(b)(1) and
9
12(b)(6) are repeated Motions as stated above and Taitz filed this one after
10
11 Plaintiffs filed saying they would be seeking Leave to Amend their Complaint.

12 12. Judge Robreno of the U.S. District Court, Eastern District of PA, the
13
Court this case was transferred from, issued upon the Court’s own initiative, an
14
15 Order that all parties must seek Leave of Court prior to the filing of any Motions.
16
As you can see from the Docket, Defendant Taitz failed to comply with the Order,
17
18
although it did slow her down.

19 13. The repeated filings of documents will continue if this Court does not
20
issue an Order requiring Leave of Court prior to the filing of any Motions. Just as
21
22 the Court has seen in the other case Taitz was involved in, Lincoln v. Daylight
23
Chemical, et al, Case No. 8:10-cv-01573-AG (PLAx). Further, as long as Taitz
24
gets away with her tactics, the more she will do it to ensure she costs Plaintiffs so
25
26 much money they will not be able to afford to continue the litigation against her.
27
As the Court is aware, Fed. R. Civ. P. 1 states that these rules are to secure the
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 7
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 8 of 9 Page ID
#:4262

1 “just, speedy, and inexpensive determination of every action and proceeding.”


2
And, this Court has the inherent power to issue any Orders necessary to ensure
3
4 “just, speedy, and inexpensive determination of every action and proceeding”.
5 14. For the reasons stated herein, Plaintiffs respectfully request this Court
6
to Grant an Order that all parties must seek Leave of Court prior to the filing of any
7
8 Motions or papers.
9
III. CONCLUSION
10
11 15. For the reasons outlined herein, Plaintiffs respectfully request this

12 Court to Grant their Motion and allow them to file their First Amended Complaint
13
within twenty-one [21] days of the Court’s Order. Further, Plaintiffs respectfully
14
15 request this Court to Grant their request and Order that no Motions are to be filed
16
by any Party without Leave of Court.
17
18 Respectfully submitted,
19
20 Dated: April 29, 2011 /s/ Philip J. Berg
Philip J. Berg, Esquire
21 Pennsylvania I.D. 9867
22 LAW OFFICES OF PHILIP J. BERG
555 Andorra Glen Court, Suite 12
23 Lafayette Hill, PA 19444-2531
24 Telephone: (610) 825-3134
E-mail: philjberg@gmail.com
25
26 Attorney for the other Plaintiffs
27
28

Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 8
Case 8:11-cv-00485-AG -AJW Document 181-1 Filed 04/29/11 Page 9 of 9 Page ID
#:4263

1 Dated: April 29, 2011 /s/ Lisa Ostella


2
LISA OSTELLA, Plaintiff
c/o Philip J. Berg, Esquire
3 LAW OFFICES OF PHILIP J. BERG
4 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
5
6
Dated: April 29, 2011 /s/ Lisa Liberi
7 LISA LIBERI, Plaintiff
8 c/o Philip J. Berg, Esquire
LAW OFFICES OF PHILIP J. BERG
9
555 Andorra Glen Court, Suite 12
10 Lafayette Hill, PA 19444-2531
11
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Liberi, et al Mem of Pts and Auth. in support of Motion for Leave to file a 1st Amended Complaint… 9
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 1 of 45 Page ID
#:4264

1 Philip J. Berg, Esquire


2
Pennsylvania I.D. 9867
LAW OFFICES OF PHILIP J. BERG
3 555 Andorra Glen Court, Suite 12
4 Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney for Plaintiffs
6
UNITED STATES DISTRICT COURT
7 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
8 SOUTHERN DIVISION
9
10 LISA LIBERI, et al, :
: CIVIL ACTION NUMBER:
11 :
Plaintiffs, : 8:11-cv-00485-AG (AJW)
12 :
:
13 vs. : DECLARATION OF PHILIP J.
:
14 : BERG, ESQUIRE
:
15 ORLY TAITZ, et al, : Date of Hearing: May 23, 2011
: Time of Hearing: 10:00 a.m.
16 : Location: Courtroom 10D
Defendants. :
17 :
:
18 :
19 Declaration of Philip J. Berg, Esquire
20
21 I, Philip J. Berg, Esquire am over the age of 18 and am a party to the within
22
action. I have personal knowledge of the facts herein, and if called to do, I could
23
24
and would competently testify. I am making this Declaration under the penalty of

25 perjury of the Laws of the United States pursuant to 28 U.S.C. §1746.


26
1. I am an Attorney in good standing, licensed to practice law in the
27
28 Commonwealth of Pennsylvania. I am licensed to practice in the U.S.

Declaration of Philip J. Berg, Esquire 1


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 2 of 45 Page ID
#:4265

1 District Courts, Middle and Eastern District of Pennsylvania; the Third


2
Circuit Court of Appeals, the Pennsylvania Supreme Court; and the U.S.
3
4 Supreme Court.
5 2. Plaintiffs have filed an Application for an Ex Parte Order for their
6
Motion for Leave to file a First Amended Complaint; and for an Order of
7
8 this Court that no Motions are to be filed without Leave of Court.
9
3. I am the attorney of record for the Plaintiffs in the matter of Liberi, et
10
11 al v. Taitz, et al, U.S.D.C., Eastern District of Pennsylvania, Case No. 09-cv-

12 01898 ECR, which was recently transferred to this Court.


13
4. I am very familiar with the Records of the proceedings of this case.
14
15 When the lawsuit was filed it was filed in Pennsylvania, and therefore, was
16
drafted in accordance with the Pennsylvania laws. Now that the case is in
17
18
this District, it is important that Plaintiffs be allowed to Amend their

19 Complaint to bring it compliant with the California Laws.


20
5. Moreover, It has been discovered the names of several “DOE”
21
22 Defendants, and Plaintiffs must Amend to add the parties names. More
23
importantly, Plaintiffs must Amend to add Cause of Actions based on new
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actions of the Defendants.
25
26 6. Defendants Orly Taitz as an Attorney and an Officer of the Court by
27
and through the Law Offices of Orly Taitz along with Neil Sankey of
28

Declaration of Philip J. Berg, Esquire 2


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 3 of 45 Page ID
#:4266

1 Sankey Investigations, Inc. and the Sankey Firm, Inc. had been harassing the
2
Probation Departments in the State of California and New Mexico, as well
3
4 as the San Bernardino County District Attorney’s Office in an attempt to
5 have Plaintiff Lisa Liberi arrested based on false allegations. Even after
6
Orly Taitz received a letter from DDA James Secord of the San Bernardino
7
8 County District Attorney’s Office stating there was no indication that Mrs.
9
Liberi had violated her terms of Probation, Orly Taitz and Neil Sankey
10
11 continued their harassment.

12 7. When this failed, on March 8, 2011, Orly Taitz as an Attorney and an


13
Officer of the Court by and through the Law Offices of Orly Taitz filed a
14
15 Motion for Emergency Revocation of Probation of Lisa Liberi in the San
16
Bernardino County Superior Court, Rancho Cucamonga Division, Case No.
17
18
FWV-028000. Out of Courtesy to Ms. Taitz as a lawyer, Judge Sabet in

19 Rancho Cucamonga scheduled hearings. The probation report came back


20
that Plaintiff Liberi had complied with all her terms of Probation, there was
21
22 no evidence of any violations; that the NM Probation Office, CA Probation
23
Office, County Counsel and the San Bernardino County District Attorney’s
24
Office had investigated all of Ms. Taitz allegations against Plaintiff Liberi
25
26 and found no merit. Further the report stated that Mrs. Liberi had received
27
all positive reports, was in full compliance, and had never violated any of
28

Declaration of Philip J. Berg, Esquire 3


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 4 of 45 Page ID
#:4267

1 her terms. As a result of the reports from Probation, Judge Sabet found and
2
Ruled that Plaintiff Liberi was not in violation of her Probation and closed
3
4 the case. However, three [3] Hearings took place, in which Ms. Taitz and
5 Mr. Sankey attended and Plaintiff Liberi’s attorney had to prepare and attend
6
the Hearings.
7
8 8. As if that was not enough, Orly Taitz continually posted on her
9
website at www.orlytaitzesq.com that there were Probation Revocation
10
11 Hearings on Plaintiff Liberi, and made no mention that she (Taitz) was the

12 one that instituted the proceedings, thus, making it appear that Plaintiff
13
Liberi had done something wrong. When the Court denied Orly Taitz’s
14
15 Motion, Ms. Taitz then put on her website that four [4] additional felony
16
charges were being investigated against Plaintiff Liberi, knowing the
17
18
information to be false.

19 9. For these reasons, it is important that Plaintiffs be granted Leave to


20
file their Amended Complaint and add the Cause of Actions for Malicious
21
22 Prosecution and Abuse of Process, as well as their original claims pursuant
23
to California Law. Plaintiffs will be severely prejudiced if this Court denies
24
their Motion for Leave to Amend, as they will not have any other means for
25
26 redress.
27
28

Declaration of Philip J. Berg, Esquire 4


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 5 of 45 Page ID
#:4268

1 10. Orly Taitz filed a Motion to have me “Terminated” as Plaintiffs’


2
Counsel in this case. The Hearing on Ms. Taitz Motion is currently set for
3
4 May 9, 2011 at 10:00 a.m. before Your Honor. Plaintiffs Responded in
5 Opposition and stated they would be seeking Leave to Amend their
6
Complaint.
7
8 11. Thereafter, Ms. Taitz sent an email directly to Plaintiff Ostella, which
9
appeared to be a threatening email, see EXHIBIT “1”. This email was sent
10
11 to undisclosed recipients and bcc’d to Mrs. Ostella. I immediately

12 responded to Ms. Taitz informing her she was not to contact my clients. See
13
EXHIBIT “2”. No sooner did she get my email, she again sent emails to
14
15 Mrs. Ostella and Mrs. Liberi with copies of documents attempting to
16
prejudice my clients against me, see EXHIBIT “3”. I again notified her in a
17
18
formal letter that she was not to contact my clients, and outlined the law to

19 her in that regard. See EXHIBIT “4”. I am still the attorney of record, all
20
communications from her are to come through me. I also informed Ms.
21
22 Taitz that she did not give any basis or legal reasoning for her threatened
23
Motion to Dismiss and therefore, I was unable to meet and confer with her.
24
I never heard back from Ms. Taitz.
25
26 12. On April 25, 2011, Orly Taitz filed an Anti-SLAPP Motion and
27
Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), which
28

Declaration of Philip J. Berg, Esquire 5


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 6 of 45 Page ID
#:4269

1 is currently set for Hearing on May 23, 2011. Further, this Court set the
2
Scheduling Conference for June 6, 2011.
3
4 13. On April 27, 2011, the Court entered in the Docket a deficiency Order
5 to Ms. Taitz regarding her April 25, 2011 Motion to Dismiss. The
6
deficiency notice was Ms. Taitz failure to follow the rules and give proper
7
8 notice of the hearing and for the fact her Motion was way over the page
9
limit.
10
11 14. As you are aware, I am an attorney who practices law for a living in

12 the Commonwealth of Pennsylvania. It is not a problem for me to fly out


13
and attend Hearings, however, when Hearings are set roughly a week a part
14
15 on repeated Motions, it becomes a problem. Not only is it expensive, but I
16
have to close my office. Not to mention it is a waste of judicial resources.
17
18
Ms. Taitz has filed numerous Fed. R. Civ. P. 12 Motions as demonstrated by

19 the Docket and also filed an Anti-SLAPP Motion, almost identical to the one
20
filed April 25, 2011, which have been litigated and adjudicated. Therefore,
21
22 Ms. Taitz Motions are improper and in violation of the Fed. R. of Civ. P.
23
15. Despite this, as this Court is aware, the filing of an Amended
24
Complaint moots any pending Motions to Dismiss, including Anti-SLAPP
25
26 Motions. It is a waste of judicial resources to have a Hearing on Ms. Taitz’s
27
Motion to Dismiss on May 23, 2011, and then allow Plaintiffs to Amend.
28

Declaration of Philip J. Berg, Esquire 6


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 7 of 45 Page ID
#:4270

1 For this reason, Plaintiffs have filed an Ex Parte Application or in the


2
Alternative a Motion Shortening Time to have their Motion for Leave to
3
4 Amend heard and adjudicated. It is my belief that a Hearing is not
5 necessary, however, should this Court feel differently, then Plaintiffs are
6
asking that their Motion be Heard on May 9, 2011 at the same time as Ms.
7
8 Taitz Motion to “Terminate” me from representation of my clients. This
9
way, the Amended Complaint will be filed, Defense Motion to Dismiss will
10
11 be moot, there will not be any reason for Plaintiffs to Respond to Ms.

12 Taitz’s Motion; and the Court date of May 23, 2011 will be vacated.
13
Further, I will not have to fly out to California on a weekly basis, and
14
15 expend large amounts of money due to the travel for a Hearing which will
16
become moot upon the filing of Plaintiffs Amended Complaint.
17
18
16. In addition, as this Court can see from the clogged Docket, especially

19 within the last six [6] months, Ms. Taitz continues filing Motion after
20
Motion, which are not compliant with the Fed. R. Civ. P. and have
21
22 absolutely no merit. Plaintiffs in turn are required to Respond, otherwise it
23
appears as if they waive their rights and agree with the Motion. As a result,
24
Plaintiffs case has become so convoluted and Ms. Taitz has been successful
25
26 in her attempts to re-write what this case truly represents, which has been
27
very prejudicial to my clients.
28

Declaration of Philip J. Berg, Esquire 7


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 8 of 45 Page ID
#:4271

1 17. I would like to bring to this Court’s attention, in Ms. Taitz’s latest
2
filings; she has again filed a statement from Geoff Staples with forged
3
4 emails. The emails have been altered and forged to depict Plaintiff Liberi’s
5 email address; however, if you look at the email’s header information below
6
each, you will see that Plaintiff Liberi’s email address is nowhere in there,
7
8 why? Because Plaintiff Liberi did not send or receive the emails in
9
question. All of this was outlined in my Motion to Judge Robreno to use his
10
11 inherent powers and issue an Order to Show Cause upon Orly Taitz for the

12 continued filing of Forged Documents. See Plaintiffs filing of October 7,


13
2010, appearing as Docket Entry No. 146.
14
15 18. Further, in Ms. Taitz filing of April 25, 2011, included in Geoff
16
Staples attachments are names, addresses and credit card numbers of donors.
17
18
19. Despite this, Ms. Taitz continues to file altered and forged documents

19 which should not be permitted. Plaintiffs Motion was never adjudicated as


20
the case was transferred to this District.
21
22 20. For this reason and for the reasons outlined in Plaintiffs Motion and
23
Application for Ex Parte Orders, it is imperative for this Court to issue an
24
Order that no Motions or papers are to be filed with the Court without first
25
26 seeking and being Granted Leave to file the Motions and/or papers.
27
28

Declaration of Philip J. Berg, Esquire 8


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 9 of 45 Page ID
#:4272

1 21. In Pennsylvania, Judge Robreno issued an Order that no Motions


2
could be filed without Leave of Court on June 25, 2009. It slowed Orly
3
4 Taitz down from her filings; however, at the end of the case while we were
5 waiting on adjudication on her Appeal, so the Case could be transferred to
6
this Court, Taitz was filing several Motions without Seeking Leave, thereby
7
8 violating Judge Robreno’s Order. I hope this will not occur here in Your
9
Honor’s Court.
10
11 22. Pursuant to this Court’s Local Rules 7-3 and 7-19, I emailed and

12 faxed a letter to all Defendants on Wednesday, April 27, 2011, that Plaintiffs
13
were seeking Leave to Amend their Complaint and for an Order of the Court
14
15 that no Motions were to be filed without Leave of Court by Ex Parte means.
16
I stated in my letter, that pursuant to Fed. R. Civ. P. 15(a), and for Good
17
18
Cause Shown, Plaintiffs would be requesting Leave to Amend, which would

19 moot the February 23, 2011 Hearing on Defendant Orly Taitz’s Motion to
20
Dismiss. A true and correct copy of this email is attached hereto as
21
22 EXHIBIT “5” and the letter is attached hereto and incorporated in by
23
reference as EXHIBIT “6”.
24
23. I received an email back from Todd Sankey, owner of the Sankey
25
26 Firm, Inc. that he was out of the office and to email Neil Sankey. See
27
EXHIBIT “7”. Neil Sankey was served with my Ex Parte Meet and Confer
28

Declaration of Philip J. Berg, Esquire 9


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 10 of 45 Page ID
#:4273

1 letter, but as of the date of this filing, Friday, April 29, 2011, I had not
2
received a response.
3
4 24. On Thursday, April 28, 2011, I received an email from Defendant
5 Orly Taitz, which Orly Taitz also sent directly to my clients, after she was
6
told not to contact my clients, by me and my clients directly, as depicted in
7
8 Ms. Taitz’s email attached hereto and incorporated in by reference as as
9
EXHIBIT “8”. Orly Taitz claims Plaintiffs Motion for Leave to Amend is
10
11 frivolous and that I am practicing law without a license. My clients signed

12 all the pleadings as well as I did. Further, as noted on the Court Docket, it
13
shows me as counsel of record as Pro Hac Vice.
14
15 25. For the reasons outlined herein and outlined in Plaintiffs Ex Parte
16
Application; Motion for Leave to file an Amended Complaint and for an
17
18
Order that no Motions are to be filed without Leave of Court and for good

19 cause shown, I respectfully request this Honorable Court to Grant Plaintiffs


20
Ex Parte Application and Motion allowing them to Amend their Complaint;
21
22 and for an Order that no Motions are to be filed without Leave of Court.
23
//
24 //
//
25
//
26 //
27 //

28

Declaration of Philip J. Berg, Esquire 10


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 11 of 45 Page ID
#:4274

1 I declare under the penalty of perjury of the Laws of the United States and
2
California that the foregoing is true and correct.
3
4
Executed this 29th day of April, 2011 in the Commonwealth of Pennsylvania,
5
6 County of Montgomery.
7
/s/ Philip J. Berg
8 Philip J. Berg, Esquire, Declarant
9
10
11
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28

Declaration of Philip J. Berg, Esquire 11


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 12 of 45 Page ID
#:4275

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27 EXHIBIT “1”
28

Declaration of Philip J. Berg, Esquire 12


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 13 of 45 Page ID
#:4276

Date: Tue, 12 Apr 2011 12:19:08 -0700


Subject: notification regarding impending motion to dismiss the case in
its'entirety and defendats' claim for damages and attorney' fees
From: orly.taitz@gmail.com
To:

Meet and confer regarding my impending motion to dismiss and for


damages

Attention pro se plaintiffs in Liberi v Taitz

This is to inform you that I will be moving US District Court in the Central
District of California to dismiss this case in its' entirety under CA rule 425 as
well as seeking classification of Liberi and Berg as vexatious plaintiffs with
all the consequences attached to it.
I will be seeking damages and attorneys' fees from all the plaintiffs in this
case as well.
My offer to you, is as follows: if you dismiss your case immediately with
prejudice, I agree not to proceed with my claims for damages, attorneys
fees and counter suit, which will include but not limited to defamation of my
character by all the plaintiffs, libel per se, slander, intentional infliction of
severe emotional distress, diversion of funds from "Defend Our Freedoms"
foundation, conspiracy to divert funds from "Defend Our freedoms"
foundation and other related claims. This offer is valid and open until
Friday, April 15, 2011, 9 am PST
Sincerely,

--
Dr Orly TaitzESQ
29839 Santa Margarita pkwy, ste 100
Rancho Santa Margarita, CA 92688
ph 949-683-5411 fax949-766-7603
orlytaitzesq.com

13
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 14 of 45 Page ID
#:4277

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27 EXHIBIT “2”
28

Declaration of Philip J. Berg, Esquire 14


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 15 of 45 Page ID
#:4278

From: Philip Berg <philjberg@gmail.com>


Date: Tue, Apr 12, 2011 at 11:36 PM
Subject: Fwd: FW: notification regarding impending motion to dismiss the case in its'entirety
and defendats' claim for damages and attorney' fees
To: Orly Taitz <orly.taitz@gmail.com>, Orly Taitz <dr_taitz@yahoo.com>

Dear Ms. Taitz:

I am in receipt of an email that you sent my client, Lisa Ostella, and failed to
send to me or my office. In fact, your email was sent to undisclosed recipients
and bcc’d to Lisa Ostella. You are an attorney in the State of California and are
very familiar, or should be, with the rules and laws of Court. As you are well
aware, you are NOT to contact a party to a suit who is represented by
counsel. Therefore, I demand you refrain from any further contacts. You have
the below email sent to "Pro Se Plaintiffs" in the Liberi, et al v. Taitz, et al
case. However, the other pro se parties never received the email and they too are
represented by me, so I trust all future communications will be directed to me
and not to my clients.

As for your "meet and confer" besides being completely improper, the email is of
a threatening nature. There is no such Rule, which I take to mean, California
Court Rule, 425 in either Federal Court or State Court. If you are referring to a
specific code pursuant to the California Code of Civil Procedure, beginning with
CCP 425.10, it is not applicable to our Federal Case. This case is a Federal Case,
and therefore the Federal Rules of Civil Procedure would apply. As for any type
of Motion to Dismiss, it would fall under Rule 12; not that it is my responsibility
to teach you the law. In any event, you have already filed approximately six (6)
to eight (8) Motions in Pennsylvania to Dismiss under Rule 12, and therefore, you
are restricted from filing yet another one. See F.R.C.P. 12(g)(2). Further, you
have waived all affirmative defenses by your failure to raise them in your
Answer to the Plaintiffs Complaint. See F.R.C.P. 12(h)(1)(B)(ii).

Your "meet and confer" fails to state what the basis of your "supposed" Motion
to Dismiss is or would be, therefore, I am unable to meet and confer with you on
behalf of my clients regarding your demands. Moreover, neither Plaintiff Lisa
Liberi nor myself are vexatious litigants, any Motion filed claiming this false
statement is frivolous and without merit. I will oppose any filing falsely
asserting my client Lisa Liberi or myself are vexatious litigants.

I will also remind you, you yourself have filed numerous documents in the
Pennsylvania Federal Court, which Judge Guilford in California now has,

15
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 16 of 45 Page ID
#:4279

admitting to wrongs against my clients. You even admitted that Plaintiff Liberi
has viable claims against you. Not to mention, all of your internet postings on
your website, by mass emailing, mass postal mailing and postings all over the
World Wide Web, sent out through twitter and Facebook, as well as other social
networks, include false statements, false allegations, false recitations of the case,
and Plaintiffs private data including your hate speech, inciting of violence
against my clients, your cyber-stalking and cyber-bullying of my clients. Your
illegal tactics and behaviors have not stopped. In fact your most recent
inflammatory, deceptive and false postings regarding Mrs. Ostella and Mrs.
Liberi were posted by you in an article you entitled, "More Stonewalling and
Obstruction of Justice..." on April 8, 2011. Then on April 9, 2011, you posted an
open email to Joseph Farah of WND, which you posted on
www.businessinsider.com/c/4da0064bd7c81917080000, this post has gone out on
over 17,000 RSS feeds.

All of your postings that are degrading, insulting, false allegations, false
statements, badgering, cyber-stalking, cyber-bullying and persecuting my clients,
Lisa Ostella and Lisa Liberi have continued and are admissible evidence. This is
also the reason my clients are suing you. In fact, you still have on “The Betrayal”
website at http://www.oilforimmigration.org/facts/?p=1478 your Dossier No. 6,
which contains my client, Lisa Liberi's full Social Security Number, date of birth
and other private data, including that of her husband. The Betrayal website is
run by your supporter, David Crockett a/k/a David T. Baldursson. You have
been put on notice regarding this several times. If this is not removed, then I will
have no other alternative then to seek a Restraining Order against you under
CCP 1798, et seq. If the internet postings regarding the Plaintiffs in this case,
which under the law are cyber-bullying and cyber-stalking, remain on your
website and other websites you have asked to post, then I will also be seeking a
TRO and an Order of the Court for the removal of these posts. These posts
include but are not limited to my client's pictures, addresses, phone numbers,
etc., which you do not have and never did have authorization to post. These
continued postings. distribution of, and inciting is cyber-bullying and cyber-
stalking, which you have also been placed on notice of.

You are always welcome to file a counter-suit, however, not only are my clients
not guilty of your allegations, be advised, not only have the Statute of Limitations
run, I would file an Anti-SLAPP Motion and have your counter-suit
dismissed. Thus, I am in disagreement with your threat of a Motion to Dismiss
and/or counter-suit and will oppose any such motion or suit, and I will request
attorney fees and sanctions.

So there is no misunderstanding, you cannot contact my clients.

16
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 17 of 45 Page ID
#:4280

Respectfully,

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

---------- Forwarded message ----------


From: Lisa Liberi <lisaliberi@gmail.com>
Date: Tue, Apr 12, 2011 at 5:45 PM
Subject: Fwd: FW: notification regarding impending motion to dismiss the case in its'entirety
and defendats' claim for damages and attorney' fees
To: Phil <philjberg@gmail.com>

---------- Forwarded message ----------


From: Lisa Ostella <lisaostella@hotmail.com>
Date: Tue, Apr 12, 2011 at 5:05 PM
Subject: FW: notification regarding impending motion to dismiss the case in its'entirety and
defendats' claim for damages and attorney' fees
To: Lisa Liberi <lisaliberi@gmail.com>

Lisa Ostella
Breederville - A Virtual County Fair!
http://breederville.com

Date: Tue, 12 Apr 2011 12:19:08 -0700


Subject: notification regarding impending motion to dismiss the case in its'entirety and defendats'
claim for damages and attorney' fees
From: orly.taitz@gmail.com
To:

Meet and confer regarding my impending motion to dismiss and for damages

17
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 18 of 45 Page ID
#:4281

Attention pro se plaintiffs in Liberi v Taitz

This is to inform you that I will be moving US District Court in the Central District of
California to dismiss this case in its' entirety under CA rule 425 as well as seeking classification
of Liberi and Berg as vexatious plaintiffs with all the consequences attached to it.
I will be seeking damages and attorneys' fees from all the plaintiffs in this case as well.
My offer to you, is as follows: if you dismiss your case immediately with prejudice, I agree not
to proceed with my claims for damages, attorneys fees and counter suit, which will include but
not limited to defamation of my character by all the plaintiffs, libel per se, slander, intentional
infliction of severe emotional distress, diversion of funds from "Defend Our Freedoms"
foundation, conspiracy to divert funds from "Defend Our freedoms" foundation and other related
claims. This offer is valid and open until Friday, April 15, 2011, 9 am PST
Sincerely,

--
Dr Orly TaitzESQ
29839 Santa Margarita pkwy, ste 100
Rancho Santa Margarita, CA 92688
ph 949-683-5411 fax949-766-7603
orlytaitzesq.com

18
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 19 of 45 Page ID
#:4282

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27 EXHIBIT “3”
28

Declaration of Philip J. Berg, Esquire 19


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 20 of 45 Page ID
#:4283

20
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 21 of 45 Page ID
#:4284

From: Orly Taitz <orly.taitz@gmail.com>


To: lisa ostella <lisaostella@hotmail.com>; Lisa Liberi
<llisaliberi@aol.com>; Lisa Liberi <llisaliberi@gmail.com>
Cc: Philip Berg <philjberg@gmail.com>
Sent: Wed, Apr 13, 2011 10:07 am
Subject: letter to pro se litigants, motion to dismiss and for damages
against Lisa Ostella, Lisa Liberi, Evelyn Adams, Phil Berg, Go Excel Global

Attention Pro se litigants in Liberi v Taitz:


Lisa Ostella
Go excel global
Evelyn Adams (aka Momma E)
via mail- Route 1, Box 106 BB
Wynnewood, OK 73098
Lisa Liberi
cc Philip J. Berg

Dear pro se litigants Ms. Ostella, Ms Liberi, Ms Adams, Go excel Global


I did not contact any of you, while you were represented in PA by attorney
Berg. Currently you are not represented by an attorney and you filed a
motion in CA as pro se litigants. As such, not only I have a full right to
contact you directly, I have a duty to communicate with you directly
regarding this case.
1. First, I wanted to know whether Mr. Berg put you on notice, that your
status have changed and that he filed a motion (see attached), where Lisa
Ostella and Lisa Liberi are listed as pro se litigants(not represented by an
attorney)? Are you aware that a motion was filed in court with you as a pro
se litigant and without your signature?
2. did you sign a consent to proceed in this action as a pro se litigant?
3. Did Mr. Berg put you on notice, that just last month the same judge, Hon
Andrew Guilford denied Mr. Berg's application to represent a client in his
court pro hac vice (as an out of state attorney associated with a in state
attorney). In that case there was an in state attorney, and in spite of
that, Judge Guilford denied Berg's application to represent a client in his
court. In this case there is no in state attorney and there is no way for judge
Guilford to authorize Berg's application without in state attorney and with
Disciplinary procedings going on against Philip Berg at the disciplinary
Board of the Supreme Court of PA.
4. Are you aware, that early on, at the onset of the case, after the hearing
on June 25, 2009, I met with Mr. Berg and offered him not to file any legal

21
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 22 of 45 Page ID
#:4285

actions against you and not to seek attorneys fees and damages against
you, if he dismisses this case with prejudice? Are you aware that nearly 2
years ago there was an offer on the table for you to dismiss this case with
prejudice and for me not to seek damages against and not to proceed in
any actions against you?

In conclusion, as you are listed as a pro se litigants in this case according


to the latest filing, I have to communicate with you directly. As I have stated
previously, I am intending to file a motion to dismiss this case in its'entirety.
As Judge Robreno transferred the case to CA, he was not willing to rule on
any issues. The Court of Appeals ruled that they did not have jurisdiction
to rule on pending motions and those need to be brought in the transferee
court. State of CA allows for additional causes of action to dismiss a
frivolous case, brought to silence whistleblowers. I intend to file a motion to
dismiss and to seek damages and attorneys fees. Additionally, I have valid
causes of action against you for defamation of my character, slander,
intentional infliction of severe emotional distress and diversion of funds
from Defend Our Freedoms foundation.
As I am busy with a number of very important legal actions in different
courts I will be willing not to proceed against you, if you dismiss this case in
its' enirety with prejudice and I do not need to waste more time on this. This
offer is open until Friday, April 15, 9am. If you have any questions, as a pro
se litigant, you can contact me directly at 949-683-5411 or at
orly.taitz@gmail.com
sincerely
Dr. Orly Taitz, ESQ

--
Dr Orly TaitzESQ
29839 Santa Margarita pkwy, ste 100
Rancho Santa Margarita, CA 92688
ph 949-683-5411 fax949-766-7603
orlytaitzesq.com

22
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 23 of 45 Page ID
#:4286

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27 EXHIBIT “4”
28

Declaration of Philip J. Berg, Esquire 23


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 24 of 45 Page ID
#:4287

LAW OFFICES OF
PHILIP J. BERG
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
PHILIP J. BERG
CATHERINE R. BARONE
BARBARA MAY
(610) 825-3134

FAX (610) 834-7659

NORMAN B. BERG, Paralegal [Deceased] E-Mail: philjberg@gmail.com

April 11, 2011

Orly Taitz
29839 Santa Margarita Parkway
Suite 100
Rancho Santa Margarita, CA 92688
Email: orly.taitz@gmail.com and
dr_taitz@yahoo.com

Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485-AG (AJW)

Dear Ms. Taitz:

I am in receipt of the emails you have once again sent to my clients, Lisa Liberi and Lisa
Ostella. This continued contact with my clients, after I specifically told you I represent them and you
are not to contact them, constitutes harassment and communications for an unfair advantage in the
case.

As for your statements regarding the comment on the Response in Opposition to your Motion
to Terminate me as Plaintiff’s counsel, Lisa Liberi and Lisa Ostella stated, “Plaintiffs in pro se pending
Mr. Berg’s Pro Hac Vice Admission”. Contrary to your beliefs, that statement was not placing my
clients in pro se, as demonstrated by the fact they have not filed a Substitution of Counsel. This
statement was due to the fact, I am not admitted Pro Hac Vice in Judge Guilford’s Court as of the date
of filing, and therefore, they were informing the Judge that they were in pro se in his particular Court
until and only until my admission Pro Hac Vice would be granted. This was also proven by the fact
that Plaintiffs Lisa Liberi and Lisa Ostella have their contact details in care of me, their attorney.
Further, as the Court record reflects, as of this date I am still the Attorney of Record.
As a California Licensed Attorney, you are required to be familiar with the Rules of Professional
Conduct. In particular,

Rule 2-100 states: "[A] member shall not communicate directly or indirectly about the subject
of the representation with a party the member knows to be represented by another lawyer in the
matter, unless the member has the consent of the other lawyer."
Section 284 provides that a party may change her attorney at any time. Its companion
provision, Section 285, states: "When an attorney is changed, as provided in [section 284],
written notice of the change and of the substitution of a new attorney, or of the appearance of

Liberi\Mandatory Chambers Copies of Filing 04/11/2011


24
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 25 of 45 Page ID
#:4288

Orly Taitz April 13, 2011


Page Two of Five

the party in person, must be given to the adverse party. Until then counsel must recognize the
former attorney."

The purpose of these California statutes is to have the record of representation clear so the
parties may be certain with whom they are authorized to deal. (People v. Metrim Corp. (1960) 187
Cal.App.2d 289, 294.) See also § 285; Epley v. Califro (1958) 49 Cal.2d 849, 854 [written notice of
substitution of new attorney must be given to adverse party; until then, the attorney of record must be
recognized as his client's exclusive representative]; Sherman v. Panno (1954) 129 Cal.App.2d 375, 379
["We believe the clear intention of the Legislature, as expressed in section 285 . . . is that the plaintiffs'
attorneys were bound by law to recognize defendants' former attorney of record until they received
written notice of a substitution of attorneys"].)

There are numerous cases which address this issue. In Abeles v. State Bar (1973) 9 Cal.3d 603,
an attorney was disciplined for communicating with an opposing party even though the record showed
that pleadings had been filed on the party's behalf by a law firm. The Court concluded: "In view of the
purposes of the rule we believe that 'a party represented by counsel' includes a party who has counsel
of record whether or not that counsel was in fact authorized to act for the party." (Id. at p. 609; See also
Jackson v. Ingersoll-Rand Co. (1996) 42 Cal.App.4th 1163, 1168 [a party had a "counsel of record"
when the attorney's name appeared on a pleading filed on the party's behalf].)

Rule 2-100 is intended to preserve the attorney-client relationship. (Myerchin v. Family


Benefits, Inc. (2008) 162 Cal.App.4th 1526, 1537; Jackson v. Ingersoll-Rand Co., supra, 42
Cal.App.4th 1163, 1167.) The preservation of the attorney-client relationship in such a circumstance is
achieved by the pro se declining to speak with the adversary or referring him to associated counsel
should she wish to do so.

My clients do not want you contacting them, and I am again stating to you, that you are
not to contact my clients. Otherwise, we will be forced to file an Ex Parte Motion with Judge
Guilford requesting an Order preventing you from contacting my clients, and if he feels it necessary,
submit it to the State Bar of California for your violations of the Rules of Professional Conduct. As the
Courts in California have held: "The court's goal is not to impose a penalty, as the propriety of
punishment for violation of the Rules of Professional Conduct is a matter within the purview of the
State Bar, not of a court presiding over the affected case. (See Bus. & Prof. Code, § 6077; Noble v.
Sears Roebuck & Co. (1973) 33 Cal.App.3d 654, 658-659.) Instead, what the Court must do is focus
on identifying an appropriate remedy for whatever improper effect the attorney's misconduct may have
had in the case before it." (Myerchin v. Family Benefits, Inc., supra, 162 Cal.App.4th 1527, 1538.)

My clients, Lisa Liberi and Lisa Ostella will not dismiss the pending case against you and
reject your demands. However, if you are seeking a settlement in this case, my clients would be
willing to settle the within case pertaining to you and your corporation, Defend our Freedoms
Foundations, Inc. on the following Grounds:

Liberi, et al \ Resp. to O. Taitz 4/13/11 Demand Email – April 13, 2011

25
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 26 of 45 Page ID
#:4289

Orly Taitz April 13, 2011


Page Three of Five

LISA LIBERI and LISA OSTELLA HAVE AUTHORIZED ME TO SETTLE THE WITHIN
CASE AGAINST YOU, ORLY TAITZ and DEFEND OUR FREEDOMS FOUNDATIONS,
INC. ON THE FOLLOWING GROUNDS:

Both Lisa Liberi and Lisa Ostella have agreed to the following proposed settlement:

a. Mrs. Liberi and Mrs. Ostella will not oppose a confidential settlement;

b. You agree to remove all your postings and postings caused by your actions (doxing)1
pertaining to Mrs. Liberi and Mrs. Ostella, including writings, pictures, home address,
private identifying information, e.g. Social Security numbers, dates of birth, mother’s
maiden name, father’s name, place of birth, credit data, etc. pertaining to both Mrs. Liberi
and Mrs. Ostella, their children, their husband’s, their mother’s and father’s from your
website, including but not limited to:

i. all static and dynamic websites and blogs located nationally and Internationally;
ii. any and all social networks, including but not limited to Facebook, twitter and any other
social networks located nationally and internationally;
iii. any and all radio shows, including but not limited to Internet, blog broadcasts, satellite,
AM/FM Radio Stations and blog talk networks located nationally and
internationally;
iv. All YouTube channels, video channel’s and televised shows, including nationally and
internationally; and
v. All Internet search engines and databases, including but not limited to Google, Yahoo,
AOL, Bing, AltaVista, Lycos, Dogpile, waybackmachine, 123 people, MetaCrawler,
Google Images, Infoseek, Infospace, IXQuick.com, etc.

c. A complete retraction of all false statements published by you and which you caused to be
published pertaining to Mrs. Liberi, Mrs. Ostella, their children, husbands and parents.

d. An Order enjoining you from any further publications, internet postings, blog postings,
radio shows, etc. mentioning Mrs. Liberi, Mrs. Ostella and/or any of their family members
name.

1
Doxing is the term used for the process of gathering personal information on a victim/target. This
commonly takes place over the internet; however, the internet is not the only way it takes place. There
are many methods of doxing, and various tools used.

Liberi, et al \ Resp. to O. Taitz 4/13/11 Demand Email – April 13, 2011


26
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 27 of 45 Page ID
#:4290

Orly Taitz April 13, 2011


Page Four of Five

e. An Order from the Court that all third party static and dynamic websites, blogs, social
networks, radio stations, YouTube channels and video channels, as outlined above are to
immediately remove and delete your publications and postings regarding Mrs. Liberi, Mrs.
Ostella, their children, husband’s and parents, including http://lisaliberi.com.

f. You agree to leave Mrs. Liberi, Mrs. Ostella, their families, and friends alone. You also
agree you will not have any third parties contacting Mrs. Liberi, Mrs. Ostella, their families
and/or their friends.

g. Monetary Damages as outlined below.

g. Monetary Damages

In addition to the above, as settlement for the damages Lisa Liberi and Lisa Ostella have
suffered, including but not limited to: Invasion of Privacy; Intrusion of Plaintiffs Solitude and
Seclusion; Placing Plaintiffs in a False Light before the Public; Appropriation of Plaintiffs name,
picture and alike; Cyber-stalking; Stalking; Cyber-bullying; Harassment; Filing of false criminal
reports; Defamation, Slander, Libel and violation of Cal. Civ. P. 1798, et seq. for the illegal
background checks, including but not limited to primary identification documents, insurance, medical,
Sealed Court case information, illegal access to Plaintiffs credit reports, malicious prosecution, cyber-
stalking, stalking, contacting and harassing individuals Plaintiffs have known; and for the illegal
distribution of Liberi’s full Social Security number, date of birth, mother’s maiden name, place of
birth, spouses name, spouses Social Security number, spouses date of birth and other extremely private
information, as well as private data pertaining to Lisa Ostella, Plaintiffs are willing to settle for:

1. Lisa Liberi – Twenty-Five Million U.S. [$25,000,000.00] Dollars to be paid by certified funds
or wire to Lisa Liberi’s counsel, Philip J. Berg, Esquire, within fourteen (14) days of the signed
settlement agreement; and

2. Lisa Ostella – Twenty Million U.S. [$20,000,000.00] Dollars to be paid by certified funds or
wire to Lisa Ostella’s counsel, Philip J. Berg, Esquire, within fourteen (14) days of the signed
settlement agreement.

Upon your Agreement to the Settlement outlined herein, Plaintiffs Lisa Liberi and Lisa Ostella
agree to Dismiss with Prejudice the within action against you, Orly Taitz and Defend our Freedoms
Foundations, Inc. The above settlement amounts are more than reasonable as they are far less than the
statute allows and far less then what is plead in Plaintiffs Complaint. Please keep in mind, just for one
cause of action alone, Cal. Civ. P. 1798, et seq. calls for a Statutory Penalty in the amount of Three
Thousand [$3,000.00] Dollars for every individual the Plaintiffs private data was sent to, including but
not limited to internet postings, postal mail, mass emailing, republication of internet postings, hand
delivery, etc. which is in excess of a million individuals and therefore caries a statutory penalty of
Three Billion [$3 Billion] Dollars. Therefore, the amount requested to settle the claims against you, is
far less then what the statute allows. Further, if settlement can be reached, Plaintiffs will not seek

Liberi, et al \ Resp. to O. Taitz 4/13/11 Demand Email – April 13, 2011

27
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 28 of 45 Page ID
#:4291

Orly Taitz April 13, 2011


Page Five of Five

Attorney Fees, punitive damages, interest, statutory penalties, and/or actual costs of suit herein from
you, Orly Taitz and/or Defend our Freedoms Foundations, Inc.

You have until the close of business day on Wednesday, April 20, 2011 to counter the offer;
accept or decline the offer in its entirety.

Respectfully,

Philip J. Berg
PJB:jb
Enclosures

Liberi, et al \ Resp. to O. Taitz 4/13/11 Demand Email – April 13, 2011


28
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 29 of 45 Page ID
#:4292

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27 EXHIBIT “5”
28

Declaration of Philip J. Berg, Esquire 29


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 30 of 45 Page ID
#:4293

From: Philip Berg <philjberg@gmail.com>


Date: Thu, Apr 28, 2011 at 1:38 AM
Subject: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485-AG
To: Orly Taitz <orly.taitz@gmail.com>, Orly Taitz <dr_taitz@yahoo.com>, Neil Sankey
<nsankey@thesankeyfirm.com>, todd@thesankeyfirm.com

April 27, 2011

Orly Taitz
Defend our Freedoms Foundations, Inc.
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita CA, 92688
Fax: (949) 586-2082; and
Fax: (949) 766-7603
Email: orly.taitz@gmail.com and
Email: dr_taitz@yahoo.com
Served via Email; and Fax
Attorney in Pro Se and Counsel for Defend our Freedoms Foundations, Inc.

The Sankey Firm, Inc.


2470 Stearns Street #162
Simi Valley, CA 93063
FAX: (805) 520 5804
Email: todd@thesankeyfirm.com
By Email and Fax
Defendant in Pro Se

Neil Sankey
Sankey Investigations, Inc.
P.O. Box 8298
Mission Hills, CA 91346
FAX: (805) 520 5804
Email: nsankey@thesankeyfirm.com
By Email and Fax
Defendants in Pro Se

Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AG (AJW)

Dear Defendants and Counsel of Record,

This email and faxed letter are a Meet and Confer, pursuant to the Court’s L.R.
7-3; and 7-19 regarding Plaintiffs intent to File an Ex Parte Application for an Order
on Plaintiffs Motion for Leave to File their First Amended Complaint; and for an

30
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 31 of 45 Page ID
#:4294

Order from the Court that no Motions are to be filed without the party first seeking
Leave of Court.

As you are aware, the case was transferred from Pennsylvania, and therefore
Plaintiffs Complaint is not compliant with the California Standards and therefore,
needs to be Amended as to such. Furthermore, Plaintiffs have identified “Doe”
Defendants; and have additional causes of action to file for “Malicious Prosecution”
and “Abuse of Process” for Defendants Malicious Prosecution of Plaintiff Liberi.

If I do not hear from you by the end of day Friday, April 29, 2011, Plaintiffs will
file their Ex Parte Application for an Order on their Motion for Leave to File a First
Amended Complaint and an Order that no Motions can be filed by any party without
first seeking Leave of Court. Consecutively, Plaintiffs will file their Motion for Leave
to file a First Amended Complaint; and Plaintiffs request that the Court to issue an
Order that no parties may file any Motions without Leave of Court.

In the alternative, if the Court feels a Hearing is necessary, Plaintiffs are seeking
any Response thereto by the Defendants must be Filed on or before Wednesday, May 4,
2011; and any Replies thereto by the Plaintiffs must be filed on or before May 6,
2011. The Request is that time be shortened to have the matter heard on May 9, 2011
along with Defendant Taitz’s Motion to “Terminate” the under signed from
representing the Plaintiffs.

Please understand, once the Court grants Plaintiffs Leave to File their First
Amended Complaint, Defendant Taitz’s Motion to Dismiss pursuant to Anti-SLAPP
and Fed. R. Civ. P. 12(b)(1) and 12(b)(6) becomes moot.

Please do not hesitate contacting me on my office line at (610) 825-3134; or on


my cell at (610) 662-3005. I need to know your position before Friday at 3:00 p.m.
EST.

I look forward to hearing from you.

Thank you.

Respectfully,

Philip J. Berg, Esquire

Ph: (610) 825-3134

Cell: (610) 662-3005

Email: philjberg@gmail.com

31
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 32 of 45 Page ID
#:4295

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27 EXHIBIT “6”
28

Declaration of Philip J. Berg, Esquire 32


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 33 of 45 Page ID
#:4296

33
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 34 of 45 Page ID
#:4297

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Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 35 of 45 Page ID
#:4298

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Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 36 of 45 Page ID
#:4299

36
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 37 of 45 Page ID
#:4300

37
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 38 of 45 Page ID
#:4301

38
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 39 of 45 Page ID
#:4302

39
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 40 of 45 Page ID
#:4303

40
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 41 of 45 Page ID
#:4304

41
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 42 of 45 Page ID
#:4305

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27 EXHIBIT “7”
28

Declaration of Philip J. Berg, Esquire 42


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 43 of 45 Page ID
#:4306

From: Todd <todd@privateinvestigation.com>


Date: Thu, Apr 28, 2011 at 1:38 AM
Subject: Out of office.
To: philjberg@gmail.com

I will be out of the office until May 2nd and will have

limited access to email. If you need assistance before then

please contact Neil at nsankey@thesankeyfirm.com or Giles

at gs@thesankeyfirm.com. Thank you.

43
Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 44 of 45 Page ID
#:4307

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28

Declaration of Philip J. Berg, Esquire 44


Case 8:11-cv-00485-AG -AJW Document 181-2 Filed 04/29/11 Page 45 of 45 Page ID
#:4308

From: Orly Taitz <orly.taitz@gmail.com>


To: Philip Berg <philjberg@gmail.com>; Lisa Liberi <llisaliberi@aol.com>; lisa
ostella <lisaostella@hotmail.com>
Sent: Thu, Apr 28, 2011 4:33 pm

Mr. Berg

please, be advsed, that you are engaged in practice of law without a license, which
is a felony.

You were not granted a pro hac vice to represent Liberi or anyone else.

Your proposed ex parte is totally frivolous and will be opposed. I will be adding
my attorney's fees as further damages against you and your co-plaintiffs Liberi,
Ostella and Adams, for preparing such opposition to the high attorney's fees
already incurred in defending your totally frivolous legal action, brought with an
only goal of harassment and infliction of severe emotional distress.

I am reporting to the Disciplinary board of the Pennsylvania Supreme Court your


representation of clients in California without a license and without pro hac vice,
particularly after Judge Guilford expressly denied your pro hac vice in a different
case.

--

Dr Orly TaitzESQ
29839 Santa Margarita pkwy, ste 100
Rancho Santa Margarita, CA 92688
ph 949-683-5411 fax949-766-7603
orlytaitzesq.com

45
Case 8:11-cv-00485-AG -AJW Document 181-3 Filed 04/29/11 Page 1 of 2 Page ID
#:4309

1 Philip J. Berg, Esquire


2
Pennsylvania I.D. 9867
LAW OFFICES OF PHILIP J. BERG
3 555 Andorra Glen Court, Suite 12
4 Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney in pro se and for Plaintiffs
6
Lisa Ostella and
7 Go Excel Global, Plaintiffs
8 c/o Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
9
Lafayette Hill, PA 19444-2531
10
11
Lisa Liberi, Plaintiff
c/o Philip J. Berg, Esquire
12 555 Andorra Glen Court, Suite 12
13 Lafayette Hill, PA 19444-2531

14 UNITED STATES DISTRICT COURT


15 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION
16
17
LISA LIBERI, et al, :
18 : CIVIL ACTION NUMBER:
:
19 Plaintiffs, : 8:11-cv-00485-AG (AJW)
:
20 :
vs. : PLAINTIFFS CERTIFICATE OF
21 :
: SERVICE
22 ORLY TAITZ, et al, :
:
23 :
Defendants. :
24 :
25 I, Philip J. Berg, Esquire, hereby certify a true and correct copy of Plaintiffs
26
Notice of Motion; Motion; Memorandum of Points and Authorities were served through
27
28

Liberi, et al Certificate of Service 1


Case 8:11-cv-00485-AG -AJW Document 181-3 Filed 04/29/11 Page 2 of 2 Page ID
#:4310

1 the ECF filing system; Email; and/or facsimile as indicated below, this 29th day of April
2
2011 upon the following:
3
Orly Taitz
4
Defend our Freedoms Foundations, Inc.
5 Fax: (949) 766-7603
Email: orly.taitz@gmail.com and
6
Email: dr_taitz@yahoo.com
7 Served via the ECF Filing System; Email; and Fax
8 Attorney in Pro Se and Counsel for Defend our Freedoms Foundations, Inc.

9 The Sankey Firm, Inc.


10 2470 Stearns Street #162
Simi Valley, CA 93063
11 FAX: (805) 520 5804
12 Email: todd@thesankeyfirm.com
By Email and Fax
13 Defendant in Pro Se
14
Neil Sankey
15
Sankey Investigations, Inc.
16 P.O. Box 8298
17
Mission Hills, CA 91346
FAX: (805) 520 5804
18 Email: nsankey@thesankeyfirm.com
19
By Email and Fax
Defendants in Pro Se
20
21
22 /s/ Philip J. Berg
23 Philip J. Berg, Esquire
Pennsylvania I.D. 9867
24 LAW OFFICES OF PHILIP J. BERG
25 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
26 Telephone: (610) 825-3134
27 E-mail: philjberg@gmail.com
28

Liberi, et al Certificate of Service 2


Case 8:11-cv-00485-AG -AJW Document 181-4 Filed 04/29/11 Page 1 of 3 Page ID
#:4311

1
2
3
4 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA,
5 SOUTHERN DIVISION
6
7 :
LISA LIBERI, et al,
: CIVIL ACTION NUMBER:
8 Plaintiffs, :
: 8:11-cv-00485-AG (AJW)
9 :
vs. :
10 : PLAINTIFFS [PROPOSED] ORDER
ORLY TAITZ, et al, :
11 : ON THEIR MOTION FOR LEAVE
Defendants. : TO FILE AN AMENDED
12 :
: COMPLAINT; AND FOR AN
13 : ORDER THAT NO MOTIONS OR
: OTHER PAPERS ARE TO BE
14 :
: FILED WITHOUT LEAVE OF
15 : COURT
16
17 ORDER
18
The Plaintiffs Motion for an Order (1) for Leave to File an Amended
19
Complaint; and (2) for an Order that no Motions are to be filed without first
20
21 seeking Leave of Court came on for hearing. The Court having reviewed and
22
considered the moving papers, the Defendants Opposition thereto, if any, the
23
24 records on file with this Court and for GOOD CAUSE SHOWN, IT IS HEREBY
25 ORDERED and DECREED:
26
Plaintiffs Ex Parte Motion is hereby GRANTED. Plaintiffs are to file their
27
28 First Amended Complaint within twenty-one [21] days of the date of this Order;
1
Plaintiffs [Proposed] Order on Plaintiffs Motion for Leave to Amend their Complaint
Case 8:11-cv-00485-AG -AJW Document 181-4 Filed 04/29/11 Page 2 of 3 Page ID
#:4312

1 It is further an ORDER of this Court, pursuant to Fed. R. Civ. P. 1, to


2
ensure the “just, speedy, and inexpensive determination of this action”, NO
3
4 Motions or other Papers are to be filed with this Court without first Seeking Leave
5 of Court. A party seeking leave to file a Motion or other Document may do so by
6
letter to the Court, with copies to all parties. The letter shall be no more than two
7
8 (2) pages and shall set forth the nature of the Motion or document and good cause
9
for its filing. The letter shall have no attachments or exhibits. Upon a showing of
10
11 good cause, the Court may grant leave to file. Failure to comply with this Order

12 may result in Sanctions.


13
IT IS SO ORDERED
14
15
16
______________________________
17 Dated: May _____, 2011 Judge Andrew J. Guilford
18
19
20
21
22
Respectfully submitted by:
23
24 Philip J. Berg, Esquire
Pennsylvania I.D. 9867
25
LAW OFFICES OF PHILIP J. BERG
26 555 Andorra Glen Court, Suite 12
27
Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
28 E-mail: philjberg@gmail.com
2
Plaintiffs [Proposed] Order on Plaintiffs Motion for Leave to Amend their Complaint
Case 8:11-cv-00485-AG -AJW Document 181-4 Filed 04/29/11 Page 3 of 3 Page ID
#:4313

1 LISA OSTELLA; and


2
GO EXCEL GLOBA
c/o Philip J. Berg, Esquire
3 LAW OFFICES OF PHILIP J. BERG
4 555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
5 Plaintiffs
6
LISA LIBERI
7
c/o Philip J. Berg, Esquire
8 LAW OFFICES OF PHILIP J. BERG
9
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
10 Plaintiff
11
12
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Plaintiffs [Proposed] Order on Plaintiffs Motion for Leave to Amend their Complaint