LIBERI V TAITZ (C.D. CA) - 191 - JOINT REPORT Rule 26 (F) Discovery Plan - Plaintiffs Joint 26 (F) Report.191.0

Case 8:11-cv-00485-AG -AJW Document 191 Filed 05/20/11 Page 1 of 23 Page ID
#:5601
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
7
UNITED STATES DISTRICT COURT
8 FOR THE CENTRAL DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION
9
10 LISA LIBERI, et al, :
:
11 : CIVIL ACTION NUMBER:
Plaintiffs, :
12 : 8:11-cv-00485-AG (AJW)
:
13 vs. :
: RULE 26(f) JOINT REPORT
14 :
:
15 ORLY TAITZ, et al, : Date of Hearing: June 13, 2011
: Time of Hearing: 9:00 a.m.
16 : Location: Courtroom 10D
Defendants. :
17 :
:
18 :
19
20 Pursuant to Federal Rules of Civil Procedure [“Fed. R. Civ. P.”] 26(f), as
21
modified by this Court’s Local Rule [“L.R.”] 26-1 and this Court’s Order setting
22
23 Rule 16(b) Scheduling Conference, the parties hereby submit their Joint Report of
24 the early meeting of counsel, conducted on May 16, 2011.

25
Defendants, Orly Taitz, Defend our Freedoms Foundation, Inc., Neil
26
27 Sankey, Sankey Investigations, Inc. and The Sankey Firm, Inc. refused to
28
Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AG (AJW) – Fed. R. Civ. P. 26(f) Joint Report 1
#:5602
1 cooperate with the Joint Fed. R. Civ. P. 26(f) report. See the Declaration of Philip
2
J. Berg, Esquire filed herewith.
3
4 1. STATEMENT OF THE CASE
5 a. Plaintiffs Synopsis
6
Plaintiffs, Lisa Liberi [“Liberi”], Lisa Ostella [“Ostella”], Philip J. Berg,
7
8 Esquire [“Berg”], Go Excel Global and the Law Offices of Philip J. Berg brought
9
suit against Defendants, Orly Taitz, the Law Offices of Orly Taitz, Defend our
10
11 Freedoms Foundations, Inc., Orly Taitz, Inc., Neil Sankey, The Sankey Firm, Inc.,
12 Todd Sankey and Sankey Investigations, Inc. for permanent Injunctive Relief
13
enjoining the Defendants from access to Liberi and Ostella’s private data; the
14
15 publication of Liberi and Ostella’s private data; Invasion of Privacy; Invasion of
16
Plaintiffs Rights to Solitude; Placing Plaintiffs in a False Light; Disclosure of
17
18
Private Facts; Cyber-bullying; Cyber-stalking; Cyber-harassment; Slander; Libel;
19 Defamation; Malicious Prosecution; Abuse of Process; Intentional Infliction of

20
Emotional Distress; and to enjoin all the Defendants’ unlawful conduct; recovery
21
22 of actual damages; statutory damages; punitive damages and other damages for
23
Defendants’ unlawful acts, disgorgement of all unjust gains and attorney fees and
24
costs.
25
26 Taitz as an attorney by and through the Law Offices of Orly Taitz and her
27
corporations, Orly Taitz, Inc. and DOFF began calling Berg seeking help with their
28
#:5603
1 litigation. Berg asked Liberi to return Orly Taitz’s call. Liberi returned Taitz’s
2
call at the end of November 2008; Taitz wanted help with a Writ of Cert, which
3
4 Liberi declined. Taitz also wanted assistance in becoming licensed to practice
5 before the U.S. Supreme Court. Liberi explained to Taitz the procedure, the forms,
6
etc. which needed to be followed. Liberi even sent Taitz the forms. Taitz wanted
7
8 Berg to sponsor her in the U.S. Supreme Court for membership to practice law.
9
Liberi told Taitz that Berg would not and could not sponsor her as he had not
10
11 known her the prerequisite year. Taitz said people do it all the time. Liberi
12 explained to Taitz that Berg would not lie to the Court. Taitz was not happy with
13
Liberi’s refusal to help her. As a result, Orly Taitz [“Taitz”] put out a threat that
14
15 she was going to destroy Berg and to do so she was going to destroy his paralegal,
16
Liberi, and get rid of her.
17
18
Ostella worked for Taitz for a short period of time. In fact, Taitz had
19 problems with her blog at drorly.blogspot.com. Ostella was referred to Taitz by

20
Markham Robinson of the American Independent Party. Taitz asked for Ostella’s
21
22 assistance. Ostella owned the domain names defendourfreedoms.net;
23
defendourfreedoms.us; defendourfreedoms.org; and defendourfreedoms.com.
24
Ostella allowed Taitz to use her site defendourfreedoms.us. Ostella owned the
25
26 domain name and paid for the hosting of defendourfreedoms.us while Taitz was
27
using it for her blog.
28
#:5604
1 Ostella brought Taitz over to use these websites, defendourfreedoms.us and

2
defendourfreedoms.org at the end of January 2009 when drorly.blogspot.com
3
4 started to redirect traffic to porn sites. After a while, Taitz began claiming that her
5 blog, defendourfreedoms.us and PayPal accounts had been hacked.
6
None of the DefendOurFreedoms website were ever hacked or sabotaged, as
7
8 Taitz claimed. Being unable to access a website due to network latency does not
9
equal “hacking”. Traffic, congestion, line repairs affect network flow and all can
10
11 always be checked on the Internet Traffic Report1.
12 Taitz wanted Ostella to lie for her, which Ostella refused to do. As a result
13
of the false report made by Orly Taitz to the Federal Government, Ostella informed
14
15 Taitz that she must clear up the false reports or Ostella was removing Taitz from
16
her websites and server. Taitz refused to clear this matter up and refused to retract
17
18
her falsified police reports. When Taitz refused to clear up this report, Ostella told
19 Taitz she had to move her sites. Taitz asked Ostella to give her thirty [30] days so
20
she would be able to find a new host. Taitz began providing false reports to World
21
22 Net Daily claiming her blog and PayPal had been “hacked” and “sabotaged”
23
knowing the information to be false.
24
On April 12, 2009, Taitz went on the Evil Conservative radio, WVOX 1460
25
26 AM in NYC and told the audience that Ostella had threatened her and altered the
27
28 1
http://www.internettrafficreport.com
#:5605
1 focus of her story onto the PayPal account. This interview is still available online
2
at http://www.evilconservativeonline.com/2009/04/orly-taitz-update-site-
3
4 moving.html.
5 For protection purposes, Ostella locked the website access of all of her
6
(Ostella’s) websites. Ostella changed the PayPal script in the donations button to
7
8 reflect her own account on defendourfreedoms.net, redirected
9
defendourfreedoms.us, the site Taitz was using, to point to a lawsuit by someone
10
11 named Arnold Beverly and removed Taitz’s accounts from the site. Ostella placed
12 notifications on all her webpages that the sites were no longer Taitz’s Defend our
13
Freedom Foundation, Inc. and Ostella posted “Understanding the Internet 101”
14
15 at http://defendourfreedoms.net/2009/04/12/understanding-the-internet-101.aspx to
16
ensure people understood Taitz’s sites were never ”hacked”. It is important to
17
18
note, Ostella’s PayPal account was never on the site Taitz was using,
19 defendourfreedoms.us.
20
Defendant Neil Sankey acted on behalf of Sankey Investigations, Inc. and
21
22 through his son, Todd Sankey and his company, The Sankey Firm, Inc. to conduct
23
his acts which severely damaged the Plaintiffs. In so doing, Sankey used Sankey
24
Investigations, Inc., Todd Sankey and The Sankey Firm, Inc.’s accounts with
25
26 LexisNexis Corporations; ChoicePoint, Inc.; Accurint; Intelius, Inc.; and Jobs.com
27
to seek Ostella and Liberi’s private data and credit reports, at the request of Taitz
28
#:5606
1 and the Law Offices of Orly Taitz, without any type of authorization from Liberi
2
and/or Ostella and/or a permissible purpose. Further, at all times mentioned
3
4 herein, Liberi and Ostella believed their data was private and expected the same.
5 Taitz through her Law Offices of Orly Taitz and as President of Orly Taitz,
6
Inc. and Defend our Freedoms Foundations, Inc. [“DOFF”] published Liberi and
7
8 Ostella’s primary identification information all over the Internet, including but not
9
limited to full Social Security number, date of birth, place of birth, mother’s
10
11 maiden names, father’s names, address, phone numbers, spouse’s names, spouses
12 primary identification information and other private data. Taitz also put out a
13
family photo of Liberi’s along with a single photo of Liberi, which Taitz claimed
14
15 was a “mug shot” along with Liberi’s home address and telephone number. In
16
addition, Taitz on average of every few days published falsities about Liberi and
17
18
Ostella. Taitz falsely accused Liberi and Ostella of stealing from her and her
19 foundation; “hacking” her PayPal and blog/website; of slandering, libeling and

20
defaming Taitz; of harassing Taitz; called for people in the areas which Liberi and
21
22 Ostella resided to help Taitz with Liberi and Ostella; Taitz and her supporters filed
23
false law enforcement reports against Liberi and Ostella; contacted friends and
24
family members of Liberi and Ostella “bad-mouthing” Liberi and Ostella; Taitz
25
26 slandered, libeled and defamed Liberi, Berg and Ostella claiming Liberi had a
27
criminal record going back to the 1990’s; Berg needed to be disbarred for
28
#:5607
1 harassing Taitz; stating Ostella had a criminal record; stating Liberi needed to be
2
back in prison for violation of her probation; claiming Liberi was a career
3
4 document forger; and many other false allegations.
5 Neil Sankey, Taitz and all her supporters, at the request of Taitz, filed
6
numerous false reports against Liberi with the Santa Fe Probation Department, San
7
8 Bernardino Probation Department, San Bernardino County District Attorney’s
9
Office; the San Bernardino Grand Jury, and other law enforcement agencies.
10
11 When Taitz did not get her way, she went down to the San Bernardino County
12 Superior Court, Rancho Cucamonga Division with Neil Sankey and filed an
13
Emergency Motion for the Revocation of Probation against Liberi. As a result
14
15 three (3) hearings took place. It was discovered at this point that the San
16
Bernardino County Probation, San Bernardino County Counsel, San Bernardino
17
18
District Attorney’s Office, and the Santa Fe Probation Department had investigated
19 all of Taitz and Sankey’s false allegations and found no merit. Despite this, Taitz
20
and Sankey instituted the hearings in Rancho Cucamonga, where Liberi was
21
22 cleared of all allegations.
23
All of the actions of the Defendants constitutes cyber-stalking, cyber-
24
harassment, and cyber-bullying in addition to invasion of privacy, publication of
25
26 private details; using one’s name and like; placing Plaintiffs in a false light;
27
harassment; malicious prosecution; abuse of process, etc.
28
#:5608
1 As a result of all the harassment and illegal actions of the Defendants,

2
Plaintiffs, each of them, have suffered severe damages.
3
4 Plaintiffs have filed a Motion for Leave to file their First Amended
5 Complaint. Plaintiffs Amended Complaint is adding numerous “DOE”
6
Defendants.
7
8 b. Defendants’ Synopsis
9
i. Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc. and
10
Defend our Freedoms Foundation, Inc.
11
12 Plaintiffs allege multiple claims against Defendants Orly Taitz, Law Offices
13 of Orly Taitz, Orly Taitz, Inc. and Defend our Freedoms Foundations, Inc., which
14
include invasion of privacy; invasion of one’s solitude; placing one in a false light;
15
16 publication of private facts, using ones name and like; cyber-stalking, cyber-
17
harassment, cyber-bullying, Slander, Libel, Defamation, Abuse of Process and
18
19
Malicious Prosecution. Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc. and
20 Defend our Freedoms Foundations, Inc. dispute all claims.

21
22 ii. Neil Sankey and Sankey Investigations, Inc.
23
Plaintiffs allege multiple claims against Defendants Neil Sankey and Sankey
24
25 Investigations, Inc., which include invasion of privacy; invasion of one’s solitude;
26
placing one in a false light; publication of private facts, using ones name and like;
27
28 cyber-stalking, cyber-harassment, cyber-bullying, Slander, Libel, Defamation,
#:5609
1 Abuse of Process and Malicious Prosecution. Neil Sankey and Sankey

2
Investigations, Inc. dispute all claims.
3
4 iii. The Sankey Firm, Inc.
5
6 Plaintiffs allege multiple claims against Defendant The Sankey Firm, Inc.,
7
which include invasion of privacy; invasion of one’s solitude; placing one in a
8
false light; publication of private facts, using ones name and like; cyber-stalking,
9
10 cyber-harassment, cyber-bullying, Slander, Libel, Defamation, Abuse of Process
11
and Malicious Prosecution. Todd Sankey was recently added to Plaintiffs First
12
13 Amended Complaint and The Sankey Firm, Inc. did not enter their appearance or
14 Answer Plaintiffs Complaint in the past two (2) years. Thus, Todd Sankey and
15
The Sankey Firm, Inc.’s position is unknown.
16
17 1. ADDITIONAL PARTIES
18
Plaintiffs have a pending Motion for Leave to Amend their Complaint.
19
20 Plaintiffs are renaming “DOE” Defendants with actual individuals and Companies.
21 Therefore, there is a great likelihood of additional Defendants.

22
2. SUBJECT MATTER JURISDICTION
23
24 Plaintiffs filed suit under diversity jurisdiction, 28 U.S.C. §1332(a) and
25
Federal Question 28 U.S.C. §1331. Taitz claims diversity is lacking, however,
26
27 does not articulate how diversity is lacking other than Liberi has refused to provide
28 her Driver’s License to her (Taitz). Orly Taitz, Law Offices of Orly Taitz, Orly
#:5610
1 Taitz, Inc., and Defend our Freedoms Foundation, Inc. are all residents of Orange
2
County, California. Defendants Neil Sankey, Sankey Investigations, Inc. and The
3
4 Sankey Firm are residents of Ventura County, California. Plaintiff Liberi is a
5 resident of New Mexico; Plaintiffs Ostella and Go Excel Global are residents of
6
New Jersey; and Philip J. Berg, Esquire and the Law Offices of Philip J. Berg are
7
8 residents of Pennsylvania. Further the acts complained of by Plaintiffs all took
9
place in California. Full diversity exists.
10
11 3. PARTIES, EVIDENCE, ETC.
12 a. Parties
13
Plaintiff Lisa Liberi;
14
15 Plaintiff Lisa Ostella;
16
Plaintiff Philip J. Berg, Esq.;
17
18
Plaintiff Go Excel Global;
19 Plaintiff Law Offices of Philip J. Berg;

20
Defendant Orly Taitz;
21
22 Defendant Defend our Freedoms Foundations, Inc.;
23
Defendant Neil Sankey;
24
Defendant Sankey Investigations, Inc.; and
25
26 Defendant The Sankey Firm, Inc.;
27
28
#:5611
1 b. Witnesses
2
Plaintiffs Witnesses:
3
4 Lisa Liberi;
5 Lisa Ostella;
6
Shirley Waddell;
7
8 K. Strebel;
9
Evelyn Adams;
10
11 Farzin Noohi;
12 Philip J. Berg, Esquire;

13
Charles Edward Lincoln, III
14
15 Lawrence Sinclair;
16
Ruben Nieto;
17
18
Plaintiffs intend on calling personnel from the Orange County
19 Sheriff’s Department;
20
Nathan Lee with the Orange County Federal Bureau of Investigations;
21
22 Plaintiffs intend to call or cross examine Defendants Orly Taitz and
23
Neil Sankey;
24
Additional witnesses, which may be called are from the San
25
26 Bernardino County Probation Department; San Bernardino County
27
28
#:5612
1 Counsel’s Office; San Bernardino County District Attorney’s Office;

2
Santa Fe Probation Department; and the Santa Fe Police Department;
3
4 Plaintiffs reserve the right to supplement their witness list.
5 Defendants Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc.
6
and Defend our Freedoms Foundations, Inc. Witnesses:
7
8 Orly Taitz
9
Neil Sankey and Sankey Investigations, Inc. Witnesses:
10
11 Neil Sankey
12 The Sankey Firm, Inc. Witnesses: Unknown as Defendants refused

13 to cooperate.
14
15
c. Key Documents
16
17 Plaintiff has identified the following documents:
18
(1) All of Orly Taitz publications and postings regarding Mrs. Liberi, Mr.
19
20 Ostella and Mr. Berg on her website at repubix.com; orlytaitzesq.com/blog1; and
21 orlytaitzesq.com; Orly Taitz Facebook postings; and other publications and
22
postings by Orly Taitz on the Internet. These postings include but are not limited
23
24 to Taitz Dossier #6, Taitz PayPal receipts she claims she did not receive; False
25
accusations about Plaintiffs; false victimization; etc.;
26
27 (2) Orly Taitz mass emailing’s pertaining to Mrs. Liberi, Mrs. Ostella
28 and Mr. Berg;
#:5613
1 (3) Neil Sankey and The Sankey Firm’s emails with Plaintiffs Lisa Liberi
2
and Lisa Ostella’s full Social Security number and their husbands private data as
3
4 well as the emails with the article altered by the Defendants regarding Plaintiff
5 Lisa Liberi falsely stating Liberi had a criminal history going back to the 1990’s;
6
(4) Neil Sankey, Sankey Investigations, Inc., and The Sankey Firm’s
7
8 internet publications;
9
(5) Neil Sankey, Sankey Investigations, Inc. and The Sankey Firm, Inc.’s
10
11 reports obtained from third parties on Plaintiffs Philip J. Berg, Esquire, Lisa Liberi,
12 Lisa Ostella, Mrs. Ostella’s and Liberi’s spouses information; children’s

13
information; bank data; back-ground checks; court records; medical
14
15 records/reports; financial data; sealed case information; family data, etc. including
16
the permissible purpose used to obtain the information.
17
18
(6) False Law Enforcement Reports from Orange County California
19 Sheriff’s Department; Santa Fe New Mexico Police Department; North Brunswick

20
New Jersey Police Department filed by Orly Taitz, Neil Sankey, Law Offices of
21
22 Orly Taitz, Orly Taitz, Inc. and Defend our Freedoms Foundations.
23
(7) False reports filed by Orly Taitz, Law Offices of Orly Taitz, Orly
24
Taitz, Inc., Defend our Freedoms Foundations, Inc., Neil Sankey, Sankey
25
26 Investigations, and the Sankey Firm, Inc. with the Santa Fe New Mexico Probation
27
Department, San Bernardino California Probation Department and the San
28
#:5614
1 Bernardino California District Attorney’s Office and any other law enforcement
2
agency;
3
4 (8) Orly Taitz, Defend our Freedoms Foundations, Inc. PayPal Records;
5 (9) Lisa Liberi’s medical records;
6
(10) Lisa Ostella’s bank and PayPal records;
7
8 (11) Ruben Nieto PayPal requests for payment totaling $25,000.00 from
9
Orly Taitz on May 27, 2009 and May 29, 2009;
10
11 (12) May 28, 2009 Plains Radio Show with Neil Sankey hosted by Edgar
12 Hale;
13
(13) Miscellaneous Radio Shows, TV shows and YouTube videos with
14
15 Orly Taitz regarding Plaintiffs Lisa Liberi, Lisa Ostella and Philip J. Berg;
16
(14) Plaintiffs reserve the right to supplement their key documents;
17
18
19 Defendants, Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc., and
20
Defend our Freedoms Foundations, Inc. identify the following:
21
22 Unknown as Defendants refused to cooperate.
23
24 Defendants Neil Sankey and Sankey Investigations identify the
25
following:
26
28
#:5615
1 Defendant, The Sankey Firm, Inc. identify the following:

2
Unknown as Defendants refused to cooperate.
3
4
4. DAMAGES
5
6 Plaintiffs position on damages:
7
Plaintiffs contend they suffered serious damages, many of which are
8
permanent, and are seeking Actual Damages; Exemplary damages pursuant to
9
10 statute; General Damages; Punitive Damages; Special Damages; Civil Penalties
11
pursuant to statute; Attorney fees; Costs of the within action; and Interest.
12
13
Defendants Orly Taitz, Law Offices of Orly Taitz, and Defend our
14
15 Freedoms Foundations, Inc. position on Damages:
16
17
18
19 Defendants Neil Sankey and Sankey Investigations, Inc. position on
20
Damages:
21
22 Unknown as Defendants refused to cooperate
23
24 Defendant The Sankey Firm’s position on Damages:
25
Unknown as Defendants refused to cooperate
26
27
28
#:5616
1 5. INSURANCE
2
Defendants Orly Taitz, and Defend our Freedoms Foundations, Inc.:
3
5 Defendants Neil Sankey and Sankey Investigation:
6
7
8 Defendant The Sankey Firm, Inc.:
9
10
11
12 6. LIKELIHOOD OF MOTIONS
13
a. Plaintiff
14
15 Plaintiff anticipates filing Motions to Compel Discovery of electronic and
16
other documents from all Defendants, but especially from Orly Taitz, and Defend
17
18
our Freedoms Foundations, Inc. Plaintiffs contend with Orly Taitz, and Defend
19 our Freedoms Foundations, Inc. sophistication, it will be necessary to examine all

20
computer hard drives, servers, storage systems including any other computer which
21
22 these particular Defendants have access to directly and physically due to
23
“accidental loss” or “spoilage” of evidence, including regularly timed destruction
24
of documents which at the present time the Court should Order to Cease.
25
26
27
28
#:5617
1 Plaintiffs anticipate filing Requests for Default; Motions for Default

2
Judgments; Summary Judgment Motion pursuant to Fed. R. Civ. P. 56; and
3
4 Motions in Limine.
5 b. Defendants Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc.
6 and Defend our Freedoms Foundations, Inc.:
7
8
9
c. Defendants Neil Sankey and Sankey Investigations, Inc.:
10
12
13 d. Defendant The Sankey Firm, Inc.:
15
16 7. MANUAL FOR COMPLEX LITIGATION
17
The parties do not believe the instant action is a complex case. Therefore,
18
19 the parties do not believe it would be helpful to utilize the Manual of Complex
20
Litigation in this Case.
21
8. STATUS OF DISCOVERY
22
23 The Plaintiffs have agreed to serve their initial disclosures on or before July
24
15, 2011. The Plaintiffs acknowledge their duties to supplement disclosures and
25
26 discovery pursuant to Federal Rules of Civil Procedure 26(e).
27
28
#:5618
1 9. DISCOVERY PLAN
2
a. Numbering
3
4 The parties agree to use a single, unified numbering system, numbering each
5 deposition exhibit in consecutive numerical order. Plaintiff’s documents shall be
6
numbered 1 through 2,500. Defendants’ documents shall be numbered 2,501 and
7
8 up.
9
b. Written Discovery
10
11 The parties anticipate propounding interrogatories, requests for production
12 of documents and requests for admissions.

13
c. Depositions
14
15 The Plaintiffs anticipate taking the following depositions: Orly Taitz, Neil
16
Sankey, Lisa Ostella and Lisa Liberi.
17
18
Plaintiffs reserve the right to take the depositions of employees familiar with
19 the events from the Santa Fe New Mexico Probation Department; Santa Fe New
20
Mexico Police Department; Orange County California Sheriff’s Department; San
21
22 Bernardino County California Probation Department; San Bernardino County
23
California Counsel’s Office; and the San Bernardino County California District
24
Attorney’s Office.
25
26 The Parties anticipate the identity of third-party witnesses will be disclosed
27
during ongoing discovery and reserve the right to depose them.
28
#:5619
1 d. Discovery Subject matter

2
The Parties do not wish to conduct discovery in phases.
3
4 e. Existing or Issues to Arise
5 Plaintiffs contend that electronic discovery will be a seriously disputed
6
discovery issue.
7
8 f. Electronically Stored Information (Identification, Maintenance
9
and Production Agreements/Discussions)
10
11 The parties have not entered into any agreements about electronically stored
12 information. Plaintiffs anticipate extensive electronic discovery. Currently, the

13
Defendants do not anticipate the need to conduct electronic discovery. However,
14
15 should electronic discovery become necessary, the Parties agree to cooperate as to
16
time and cost saving protocols to implement any foreseeable electronic discovery.
17
18
g. Limitations
19 The parties do not propose any changes to the limitations on discovery

20
imposed under the Federal Rules of Civil Procedure, and instead reserve the right
21
22 to stipulate or seek an Order from the Court altering the limitations imposed by the
23
Federal Rules should the need arise.
24
10. DISCOVERY CUT-OFF
25
26 March 18, 2012
27
28
#:5620
1 11. EXPERT DISCOVERY

2
The parties propose the following schedule for expert discovery:
3
4 Initial Expert Disclosure: February 19, 2012; and
5 Rebuttal Expert Disclosure: February 29, 2012
6
12. DISPOSITIVE MOTIONS
7
8 Defendants, Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc. and
9
Defend our Freedoms Foundations, Inc. anticipate:
10
12
Defendants Neil Sankey and Sankey Investigations, Inc. anticipate:
13
15
Defendant and The Sankey Firm, Inc. anticipate:
16
18
19
13. SETTLEMENT
20
21 Defendants, Orly Taitz, Law Offices of Orly Taitz, Orly Taitz, Inc. and
22 Defend our Freedoms Foundations, Inc.;
23
24
25
Defendants Neil Sankey and Sankey Investigations, Inc.:
26
28
#:5621
1 Defendant The Sankey Firm, Inc.:

2
3
4
5 14. TRIAL ESTIMATE
6 a. Jury Trial
7
The parties demand a trial by jury.
8
9 b. Estimated Length of Trial
10
The parties estimate a fourteen [14] day trial.
11
12 c. Witnesses
13 The number of witnesses has not yet been established for any party.
14
15. TRIAL COUNSEL
15
16 Plaintiffs’ trial counsel: Philip J. Berg, Esquire.
17
Defendants Defend our Freedom Foundations, Inc. and Orly Taitz trial
18
19 counsel: Orly Taitz;
20 Defendants Neil Sankey and Sankey Investigations, Inc. trial counsel:

21
22
23 Defendant The Sankey Firm, Inc.’s trial counsel: Unknown as
24
Defendants refused to cooperate.
25
26
.
27
28
#:5622
1 16. INDEPENDENT EXPERT OR MASTER

2
The parties do not anticipate the need for the Court to appoint a master
3
4 pursuant to Fed. R. Civ. P. 53 or an independent scientific expert.
5 17. TIMETABLE
6
The parties propose the following dates:
7
8 Discovery cut-off: March 18, 2012;
9
Motion cut-off: April 20, 2012;
10
11 Final Pretrial Conference: May 28, 2012;
12 Trial: June 4, 2012;

13
18. OTHER ISSUES
14
15 At this time, the Parties do not anticipate any other issues.
16
17 Respectfully submitted,
18
19 Dated: May 20, 2011 /s/ Philip J. Berg
Attorney in pro se and for Plaintiffs
21 Pennsylvania I.D. 9867
22 LAW OFFICES OF PHILIP J. BERG
555 Andorra Glen Court, Suite 12
24 Telephone: (610) 825-3134
E-mail: philjberg@gmail.com
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#:5623
1 Dated: May ___, 2011 _____________________________

2
Orly Taitz, Esquire, Attorney for
Defendants Orly Taitz, and Defend
3 our Freedoms Foundations, Inc.
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6 Dated: May ___, 2011 _____________________________,
Neil Sankey and Sankey
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Investigations, Inc., Defendants in pro
8 se
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11 Dated: May ___, 2011 _____________________________,
The Sankey Firm, Inc., Defendant in
12 pro se
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Case 8:11-cv-00485-AG -AJW Document 191-1 Filed 05/20/11 Page 1 of 12 Page ID
#:5624

2
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney for Plaintiffs
6
8 SOUTHERN DIVISION
9
: 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: June 13, 2011
: Time of Hearing: 9:00 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
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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. In compliance with the Federal Rules of Civil Procedure 26(f)
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28 [hereinafter “Fed. R. Civ. P.”] on May 15, 2011, I sent an email to each
Declaration of Philip J. Berg, Esquire 05/20/2011 1

#:5625
1 Defendant with a copy of Plaintiffs Proposed Joint 26(f) Report. I also set a
2
“Meet and Confer” for Monday, May 16, 2011 at 3:00 p.m. EST to discuss
3
4 any issues. See EXHIBIT “1”. I also stated in my email that I needed to file
5 the Joint 26(f) Report on Friday, May 20, 2011 on or before 5:00 p.m.
6
Pacific Standard Time.
7
8 2. I did not receive any calls for the “Meet and Confer”, nor did I
9
receive any responses from any of the Defendants. On May 18, 2011, I sent
10
11 another email and reminded all the Defendants they were to cooperate with
12 the Joint 26(f) Report. I reminded the Defendants that I needed to file the
13
Joint 26(f) Report on Friday, May 20, 2011 on or before 5:00 p.m. Pacific
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15 Standard Time. I informed the Defendants if I did not receive anything
16
from them or hear from them, I would notify the Court of their refusal to
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18
cooperate. See EXHIBIT “2”.
19 3. On May 20, 2011, I received an email from Defendant Orly Taitz on

20
behalf of herself and Defend our Freedoms Foundations, Inc. Defendant
21
22 Taitz refused to cooperate because she had a pending Anti-SLAPP Motion
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and again threatened the Plaintiffs that if her Motions are denied, she will be
24
suing the Plaintiffs for “malicious defamation…, slander, intentional
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26 infliction of severe emotional distress” and all the other actions she claims to
27
have mentioned in her Answer to Plaintiffs Complaint. It should be noted;
28

#:5626
1 Defendant and Attorney Orly Taitz filed a one line Answer denying
2
everything. Without Leave of Court, Defendant Taitz attempted to Amend
3
4 her Answer; however, to date there has never been an Order to allow it as
5 she did not follow the Fed. R. of Civ. P. 15(a)(2). Orly Taitz’s email is
6
attached hereto as EXHIBIT “3”.
7
8 4. Plaintiffs have filed their timely Joint 26(f) Report as required,
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without any input from any of the Defendants.
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11
I declare under the penalty of perjury of the Laws of the United States and
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13 California that the foregoing is true and correct.
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15 Executed this 20th day of May, 2011 in the Commonwealth of Pennsylvania,
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County of Montgomery.
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/s/ Philip J. Berg
Philip J. Berg, Esquire, Declarant
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#:5627
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EXHIBIT “1”

#:5628
From: Philip Berg <philjberg@gmail.com>

To: Orly Taitz <orly.taitz@gmail.com>; Orly Taitz <dr_taitz@yahoo.com>;
todd@thesankeyfirm.com; Neil Sankey <nsankey@thesankeyfirm.com>
Sent: Sun, May 15, 2011 11:07 pm
Subject: Liberi, et al vs. Taitz, et al Draft Joint 26 (f) Report
Orly Taitz
Fax: (949) 766-7603
Email: orly.taitz@gmail.com and
Email: dr_taitz@yahoo.com
The Sankey Firm, Inc.

2470 Stearns Street #162
Simi Valley, CA 93063
Email: todd@thesankeyfirm.com
Neil Sankey
Sankey Investigations, Inc.
P.O. Box 8298
Mission Hills, CA 91346
Email: nsankey@thesankeyfirm.com
To all Defendants and/or their Attorney of Record:
Please find attached hereto Plaintiffs proposed Joint 26(f) Report.
Please fill in the gaps for each of you.
I propose a telephonic conference with each of you by calling my

office at (610) 825-3134 on Monday, May 16, 2011 at 3:00 p.m. EST
[Eastern Standard Time] regarding issues pertaining to the Joint 26(f)
Report, if any.
If this date and time are not feasible, please immediately advise.
As you are aware pursuant to Fed. R. Civ. P. 26 all parties are to

cooperate with the Joint Report and Plaintiffs must file the Joint 26 (f)
Exhibit "1"
Pg. 5
#:5629
Report with the Court on or before Friday, May 20, 2011 at 5:00 p.m.
PST [Pacific Standard Time].
Respectfully,
Philip J. Berg, Esquire
Liberi,_Plaintiffs_26(f)_Joint_Report_05_14_11.doc
93K View Download
Exhibit "1"
Pg. 6
#:5630
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#:5631
From: Philip Berg <philjberg@gmail.com>

To: Orly Taitz <orly.taitz@gmail.com>; Orly Taitz <dr_taitz@yahoo.com>;
todd@thesankeyfirm.com; Neil Sankey <nsankey@thesankeyfirm.com>
Sent: Wed, May 18, 2011 8:49 pm
Subject: Plaintiffs Joint 26(f) Report - Liberi, et al vs. Taitz, et al
Orly Taitz
Fax: (949) 766-7603

Neil Sankey
P.O. Box 8298
On May 15, 2011 I sent each of you Plaintiffs Proposed Joint 26(f)
Report.
In the same email I set a Meet and Confer for any issues in my
Proposed Joint 26(f) Report for Monday, May 16, 2011 at 3:00 p.m.
EST. None of you complied with the Meet and Confer and each of you
failed to call at the specified date and time, nor did you respond in
anyway to inform me of your unavailability.
The Federal Rules of Civil Procedure 26 and specifically the

conversation which took place in Court with Judge Andrew J. Guilford
on May 9, 2011 specifies Defendants must cooperate with me in all
matters which include the Joint 26(f) Report.
Exhibit "2"
Pg. 8
#:5632
The Joint 26(f) Report must be filed by me on behalf of the Plaintiffs

on Friday, May 20, 2011 by 5:00 p.m. Pacific Standard Time. If I do not
hear from each of you, and/or receive any changes you may have in
advance by 4:00 p.m. EST on May 20, 2011 date, I will have no other
choice than to file the Plaintiffs 26(f) Report and advise Judge
Guilford of your failure to adhere to the Rules and cooperate as
required.
Respectfully,
Exhibit "2"
Pg. 9
#:5633
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#:5634
From: Orly Taitz <orly.taitz@gmail.com>

Date: Fri, May 20, 2011 at 4:23 PM
Subject: Re: Liberi, et al vs. Taitz, et al Draft Joint 26 (f) Report
To: Philip Berg <philjberg@gmail.com>, Neil Sankey
<nsankey@thesankeyfirm.com>
Mr. Berg
I received your request for a phone conference on 26F, however since
there is antiSLAPP filed, it makes most of what was written by you moot.
We cannot make any determination until there is a decision on antiSLAPP
and unresolved motions. In case all of the unresolved motions to dismiss
are denied, we can discuss your complaint and my impending cross
complaint against you, Liberi, Ostella and others for your malicious
defamation of my character, slander, intentional infliction of severe
emotional distress, and all the other actions mentioned in my answer
On Sun, May 15, 2011 at 10:07 PM, Philip Berg <philjberg@gmail.com>
wrote:
Orly Taitz
Fax: (949) 766-7603

Neil Sankey
P.O. Box 8298
Please find attached hereto Plaintiffs proposed Joint 26(f) Report.
Exhibit "3"
Pg. 11
#:5635
Please fill in the gaps for each of you.
I propose a telephonic conference with each of you by calling my

office at (610) 825-3134 on Monday, May 16, 2011 at 3:00 p.m. EST
[Eastern Standard Time] regarding issues pertaining to the Joint 26(f)
Report, if any.
If this date and time are not feasible, please immediately advise.
As you are aware pursuant to Fed. R. Civ. P. 26 all parties are to

cooperate with the Joint Report and Plaintiffs must file the Joint 26 (f)
Report with the Court on or before Friday, May 20, 2011 at 5:00 p.m.
PST [Pacific Standard Time].
Respectfully,
Exhibit "3"
Pg. 12
#:5636

2
Telephone: (610) 825-3134
5 E-mail: philjberg@gmail.com Attorney in pro se and for Plaintiffs
6
7
SOUTHERN DIVISION
9
: CIVIL ACTION NUMBER:
11 :
Plaintiffs, : 8:11-cv-00485-AG (AJW)
12 :
:
13 vs. : PLAINTIFFS CERTIFICATE OF
:
14 : SERVICE
:
15 ORLY TAITZ, et al, :
:
16 :
Defendants. :
17 :
:
18
19 I, Philip J. Berg, Esquire, hereby certify a true and correct copy of the Fed. R. Civ.
20
P. 26(f) Joint Report and the Declaration of Philip J. Berg, Esquire were served through
21
22 the ECF filing system email and/or fax as indicated below, this 20th day of May 2011
23 upon the following:

24
Orly Taitz
25 Fax: (949) 766-7603
26 Email: orly.taitz@gmail.com and
27 Served via the ECF Filing System
28 Attorney for Orly Taitz, Inc. and Defend our Freedoms Foundations, Inc.
#:5637
1 The Sankey Firm, Inc.

2
3 FAX: (805) 520 5804
4 Email: todd@thesankeyfirm.com
By Email and Fax
5 Defendants in Pro Se
6
Neil Sankey
7
8 P.O. Box 8298
9
FAX: (805) 520 5804
10 Email: nsankey@thesankeyfirm.com
11 By Email and Fax
Defendants in Pro Se
12
13
14 /s/ Philip J. Berg
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LIBERI V TAITZ (C.D. CA) - 191 - JOINT REPORT Rule 26 (F) Discovery Plan - Plaintiffs Joint 26 (F) Report.191.0

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Case 8:11-cv-00485-AG -AJW Document 191 Filed 05/20/11 Page 1 of 23 Page ID

1 Philip J. Berg, Esquire

24 the early meeting of counsel, conducted on May 16, 2011.

19 Defamation; Malicious Prosecution; Abuse of Process; Intentional Infliction of

19 problems with her blog at drorly.blogspot.com. Ostella was referred to Taitz by

1 Ostella brought Taitz over to use these websites, defendourfreedoms.us and

19 foundation; “hacking” her PayPal and blog/website; of slandering, libeling and

1 As a result of all the harassment and illegal actions of the Defendants,

20 Defend our Freedoms Foundations, Inc. dispute all claims.

1 Abuse of Process and Malicious Prosecution. Neil Sankey and Sankey

21 Therefore, there is a great likelihood of additional Defendants.

19 Plaintiff Law Offices of Philip J. Berg;

12 Philip J. Berg, Esquire;

1 Counsel’s Office; San Bernardino County District Attorney’s Office;

12 The Sankey Firm, Inc. Witnesses: Unknown as Defendants refused

28 and Mr. Berg;

12 Lisa Ostella, Mrs. Ostella’s and Liberi’s spouses information; children’s

19 Sheriff’s Department; Santa Fe New Mexico Police Department; North Brunswick

1 Defendant, The Sankey Firm, Inc. identify the following:

19 our Freedoms Foundations, Inc. sophistication, it will be necessary to examine all

1 Plaintiffs anticipate filing Requests for Default; Motions for Default

12 of documents and requests for admissions.

1 d. Discovery Subject matter

12 information. Plaintiffs anticipate extensive electronic discovery. Currently, the

19 The parties do not propose any changes to the limitations on discovery

1 11. EXPERT DISCOVERY

1 Defendant The Sankey Firm, Inc.:

20 Defendants Neil Sankey and Sankey Investigations, Inc. trial counsel:

1 16. INDEPENDENT EXPERT OR MASTER

12 Trial: June 4, 2012;

1 Dated: May ___, 2011 _____________________________

1 Philip J. Berg, Esquire

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

Declaration of Philip J. Berg, Esquire 05/20/2011 1

19 3. On May 20, 2011, I received an email from Defendant Orly Taitz on

Declaration of Philip J. Berg, Esquire 05/20/2011 2

Declaration of Philip J. Berg, Esquire 05/20/2011 3

Declaration of Philip J. Berg, Esquire 05/20/2011 4

From: Philip Berg <philjberg@gmail.com>

The Sankey Firm, Inc.

To all Defendants and/or their Attorney of Record:

Please find attached hereto Plaintiffs proposed Joint 26(f) Report.

Please fill in the gaps for each of you.

I propose a telephonic conference with each of you by calling my

As you are aware pursuant to Fed. R. Civ. P. 26 all parties are to

Philip J. Berg, Esquire

Declaration of Philip J. Berg, Esquire 05/20/2011 7

From: Philip Berg <philjberg@gmail.com>

The Sankey Firm, Inc.

To all Defendants and/or their Attorney of Record:

The Federal Rules of Civil Procedure 26 and specifically the

The Joint 26(f) Report must be filed by me on behalf of the Plaintiffs

Philip J. Berg, Esquire

Declaration of Philip J. Berg, Esquire 05/20/2011 10

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

The Sankey Firm, Inc.

To all Defendants and/or their Attorney of Record:

Please find attached hereto Plaintiffs proposed Joint 26(f) Report.

Please fill in the gaps for each of you.

I propose a telephonic conference with each of you by calling my

As you are aware pursuant to Fed. R. Civ. P. 26 all parties are to

Philip J. Berg, Esquire

1 Philip J. Berg, Esquire

1 Dated: May _, 2011 ___________________________