LIBERI V TAITZ (APPEAL - 3rd Circuit) - Appellants' Opening Brief - Transport Room

Case: 10-3000 Document: 003110335655 Page: 1 Date Filed: 11/02/2010
No. 10-3000
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

____________________
LISA LIBERI, et al.,
Plaintiffs-Appellees,
vs.
ORLY TAITZ, et al.,
Defendant-Appellants.
__________________
District Court No. 09_cv_01898_ECR

Eastern District of Pennsylvania
__________________
APPELLANT'S OPENING BRIEF
DR. ORLY TAITZ, ESQ.

CSB #223433
Attorney Pro Se &
Attorney for Defend Our Freedoms Foundation
29839 S. Margarita Pkwy. Rancho Santa Margarita CA 92688
ph. 949-683-5411
fax 949-766-7603
Appellant's Opening Brief on behalf of Defend Our Freedoms Foundation and Orly Taitz 1
TABLE OF CONTENTS
Table of Authorities…………………………………………………………....p 2
Jurisdiction……………………………………………………………………..p.3.
Summary of the case……………………………………………………………p 4.
Legal argument…………………………………………………………………p 9
A. The Court erred in assuming jurisdiction over the case in diversity, when
the lead plaintiff did not provide any evidence of her state citizenship….p9
B. District Court showed bias in refusing to take into consideration any
evidence provided by the Defendants…………………………..p13
C. COURT SHOWED BIAS AND ABUSE OF JUDICIAL DISCRETION IN

ASSUMING JURISDICTION IN DIVERSITY WITHOUT ANY
EVIDENCE OF STATE CITIZENSHIP OF THE LEAD PLAINTIFF
LISA LIBERI AND BY IGNORING ALL EVIDENCE, PRODUCED BY
THE DEFENDANTS, SHOWING THAT LIBERI COMMITTED
FORGERY AND FRAUD ON THE COURTBY LYING ABOUT BEING
A RESIDENT OF PENSYLVANIA…………………………………. p13
D. JUDGE ROBRENO ERRED IN HIS ORDER #76 TO DISMISS
DEFENDANT SUNDQUIST WITHOUT PREJUDICE ………………….p19
E. ACTIONS BY JUDGE ROBRENO WERE AGAINST THE PUBLIC
POLICY…………………………………………………………..P21
E. JUDGE ROBRENO ERRED, SHOWED BIAS AND ABUSE OF JUDICIAL
DISCRETION IN NOT DOCKETING LETTERS FROM THE DEFENDANT
BELCHER AND RULING AND NOT PROVIDING ANY ANSWERS TO
BELCHER . ……………………………………………………………….p23
F. CONCLUSION…………………………………………..………………..p25
TABLE OF AUTHORITIES
1.Weight v Kawasaki Motors Corp. (1985, ED Va) 604 F Supp 968…….p10
2. McMann v Doe (2006, DC Mass) 460 F Supp 2d …………………...p10
3. Bautista v Pan American World Airlines, Inc. (1987, CA9 Cal) 828 F2d
546, 126 BNA LRRM 2559, 107 CCH LC P 10159………………………p10
4. Roche v Lincoln Prop. Co. (2004, CA4 Va) 373 F3d 610………….…p10
5.Olsen v Quality Continuum Hospice, Inc. (2004,DC NM) 380 F Supp 2d
1225………….…………………………………………………………………..p11
6.Filla v Norfolk & Southern Ry. (2003, CA8 Mo) 336 F3d 806………...p12
7. Jeter v Jim Walter Homes, Inc. (1976, WD Okla) 414 F Supp 791.259.p12
8. Shahmoon Industries, Inc. v Imperato (1964, CA3 NJ) 338 F2d 449, 9 FR
Serv 2d 12B.22, Case 2…………………………………………………………p12
9, In re Kelly, 808 F.2d 549 (7th Cir. 1986)……………………………….….p23
10,Maier v. Orr, 758 F.2d 1578, 1584 (Fed. Cir. 1985); Meeks v. Jewel Cos., 845
F.2d 1421 (7th Cir. 1988)………………………………………………………p25
Certification
The appeal does not exceed the allowed number of pages or words
JURISDICTION
Jurisdiction is proper, as the case in question 09-1898 Liberi et al v Taitz et al
comes from the United District Court for the District of Pennsylvania. The appeal
deals with the issue of lack of jurisdiction for the federal courts to hear the case,
due to the fact that the case was filed in diversity, however the lead plaintiff never
provided any evidence of her state citizenship. Without such evidence, no federal
court has jurisdiction to hear the case and the case needs to be dismissed, which
would be a final determination in the case.
SUMMARY OF THE APPEAL
Case at hand was filed on May, 4, 2009 by Pennsylvania Attorney Philip J. Berg
(hereinafter Berg) as a plaintiff and an attorney for plaintiffs, who are Appellees
herein. Lead Plaintiff is one Lisa Renee Liberi, (hereinafter Liberi), who has at
least 42 criminal charges and at least 10 criminal convictions, which include
convictions of forgery of documents, forgery of an official seal and grand theft.
Liberi's latest conviction was in the state of CA, in 2008, when she received eight
year prison term, which was subsequently reduced to three years probation due to
her medical problems. (case FWV028000, defendant 1608112 Lisa Renee Liberi,
aka Lisa Courville Richardson, aka Lisa Courville Rich, aka Lisa Richardson and
case FSB044914 for Lisa Liberi ) (Appendix 1 Lisa Liberi's mug shot and
summary of above criminal convictions ). According to Berg's own affidavit filed
on 10.07.10 in this case, he employs Liberi as his paralegal and she drafted
pleadings, which he filed with courts. Berg is known as an attorney, who filed
legal actions against Bush administration, claiming, that President Bush was
involved in 9/11 attacks. Berg was, also, the first attorney to file a legal action
questioning Barack Obama's eligibility to U.S. presidency. His case Berg v Obama
was filed in the Eastern District of PA, this Court and the Supreme Court of the
United States. Berg admitted that Berg v Obama complaint was drafted by Liberi
and filed with the courts by him. Appellant Orly Taitz is a president of Defend
Our Freedoms foundation (DOFF). She is licensed as a Doctor of Dental Surgery
and as an attorney in the state of CA. Taitz is very outspoken in regards to the
need for transparency in the government and adherence to the Constitution. Taitz
contacted Berg and let him know that she is concerned about the fact, that he filed
with different courts documents and briefs prepared by a convicted document
forger Liberi. Taitz asked Berg, if he would allow her and a forensic document
expert review the originals of the affidavits from Africa, attesting to Obama's birth
there. Taitz let Berg know, that while she believes that this constitutional issue
needs to be resolved in courts and original vital records need to be reviewed, use
of a document forger does not help the case. Taitz, also, advised Berg, that Liberi
is currently on probation until March of 2011. She is under supervision of San
Bernardino, CA probation department and according to the terms of her probation
she is not allowed to handle credit cards of others. Berg runs large nation wide
donations drives, where thousands of people donated, since he has cases against
both Bush and Obama administrations. Taitz advised Berg, that he is endangering
the public by continuously working with a convicted thief Liberi. Berg never
responded and never agreed to allow Taitz and her expert to review the original
documents from Africa in question. Taitz posted on the website for her foundation
a report prepared by licensed investigator Neil Sankey, which showed lengthy
criminal record of Lisa Liberi. It was done with a proper purpose of warning the
public. Berg filed this legal action on 05. 04.09 in the Eeastern District of PA
District Court. He listed jurisdiction under diversity and nature of the suit Assault,
Libel, Slander. In this suit he claimed that he and his paralegal were slandered,
because, she is not Lisa Renee Liberi, who was convicted in CA and allowed to
reside only in CA and NM, according to her probation, but rather a different Lisa
Renee Liberi, who happens to have the same first, middle and last name and the
same birth date, but allegedly is a different woman, an innocent woman, who is
residing in PA and physically working in Berg's office. Berg never provided
Liberi's home address, but rather gave his business address as her address. Taitz
has provided the court with a positive ID of Liberi's mug shot, as one, who was
convicted in CA and also one who appeared in front of the Presiding Judge
Eduardo Robreno in this case, claiming to be a different woman. Aside from
Taitz and her foundation Berg sued a number of other individuals and entities, all
of whom were whistleblowers, exposing to the public the fact, that Attorney Berg
is using a convicted forger and thief Lisa Liberi as his assistant. Berg filed
multiple motions in the district Court and in the Third Circuit Court of Appeals,
requesting this case to be sealed, claiming that Liberi's life is in danger. Neither
the District court nor the Third Circuit Court of Appeals ever found any value in
Berg's claims and never granted his motions. The District Court case was
suspended by Judge Robreno, while Berg filed his appeal. When the Third Circuit
Court of Appeals issued an order to show cause to Berg, to show cause why within
a period of half a year he never produced a transcript, that he was appealing, Berg
abruptly withdrew his interlocutory appeal. On 06. 04.10 Judge Robreno issued
an order and memorandum, where he assumed jurisdiction over the case based
on Diversity of citizenship and ordered the case severed into two cases and
transferred to TX and CA.
Taitz filed a motion for Reconsideration on 06.14.10, arguing that the court erred
in assuming jurisdiction, as plaintiff Liberi never provided any evidence of her
PA citizenship. On 06.23.10 the court denied defendant's motion as moot. No
explanation was provided, why is it moot. On 07.02.10 Taitz filed a notice of
Appeal and requested transcripts of two hearings held by the court: on 06.25.09
and on 08.07.09. On 07.26.09 the plaintiffs filed yet another motion to keep the
transcript of the 08.07.09 hearing under seal. Plaintiffs also filed a motion with the
Third Circuit Court of Appeals to dismiss the appeal due to lack of jurisdiction.
Third Circuit Court of Appeals denied Berg's motion.
On 07.29.2010 defendants responded in the District Court by pointing out, that the
plaintiffs did not provide a shred of evidence of Liberi's state residency.
On 07.30.10. Plaintiffs filed a reply, where they claimed, that Judge Robreno's
06.04.10. order and memorandum, stating "Liberi is a resident of PA" is based
on vital records, including driver's license, allegedly submitted to Judge Robreno
during 08.07.09 hearing, but such records need to be sealed. Plaintiffs made up an
outrageous accusation, where without a shred of evidence, they claimed that
Attorney and Doctor Orly Taitz tried to hire a hit man to kill Lisa Liberi, and that
is the reason, why Liberi's "allegedly existent" Pennsylvania driver's license needs
to be sealed, and the court needs to decide that she is a resident of PA without
providing the defendants with any proof or any evidence of her residence.
On 08.31.10 the transcript of the 08.07.09 hearing was released to the Third
Circuit Court of Appeals and published on court public terminal. The transcript
showed, that during the hearing the Plaintiff's attorney Berg promised to provide
the court Liberi's driver's license, however he committed Fraud on the Court and
never provided such Driver's license. The driver's license is not an exhibit with
the transcript of the hearing and is not listed with any exhibits anywhere on the
docket. On 10.28.10 with her motion pleadings Taitz provided the court with the
Affidavits of Caren Hale and Ed Hale (Appendix Vol 2, #3), who were present at
the 08.07.09 hearing and declared under penalty of perjury, that Attorney Berg did
not tend to Judge Robreno any documents, and that Berg left the courtroom at the
same time as they did. They also identified Lisa Liberi, as the same person, who is
depicted on the mug shot as a California convicted felon and as the same woman,
who appeared during the 08.07.09 hearing, claiming to be a different person, who
was not convicted of any crimes and who resides in PA. The most egregious error
made by the District court, is a decision to assume jurisdiction in diversity without
any evidence of state residence of the lead plaintiff. Due to this error, the
decision of the District court needs to be reversed and the case needs to be
dismissed upon Motion to Dismiss due to lack of Jurisdiction, filed by the
Defendants on 05.28.09 (Docket Document 35 on the Clerk's record), Motion to
dismiss due to lack of jurisdiction filed on 06.09.2009 (Document 53), Second
Amended Motion to Dismiss for 12(b) lack of Subject Matter Jurisdiction and
Judgment on the Pleadings filed on 06.11. 2009 (Document 59).
LEGAL ARGUMENT
A. The Court erred in assuming jurisdiction over the case in diversity,
when the lead plaintiff did not provide any evidence of her state
citizenship.
Case at hand was filed based on diversity. For diversity parties are required to
provide evidence of their state citizenship. State citizenship is determined based
on the preponderance of evidence. In case at hand Plaintiff Lisa Liberi never
provided any evidence of her state citizenship.
In cases in which jurisdiction is based on diversity of citizenship, plaintiff
has burden to show, first, that applicable statute confers jurisdiction, and,
second, that assertion of jurisdiction is consonant with constitutional
limitations of due
process. Weight v Kawasaki Motors Corp. (1985, ED Va) 604 F Supp 968.
Party's mere allegation of diversity cannot satisfy its burden of
establishing district court's jurisdiction; citizenship of each real party in
interest must be established by preponderance of evidence. Roche v
Lincoln Prop. Co. (2004, CA4 Va) 373 F3d 610.
Complaint alleging that defendant's corporate citizenship was in a state other
than California but failing to allege that plaintiffs were all citizens of
California was not sufficient to give District Court jurisdiction since
pleadings did not otherwise resolve
issue of citizenship. Bautista v Pan American World Airlines, Inc. (1987,
CA9 Cal) 828 F2d 546, 126 BNA LRRM 2559, 107 CCH LC P 10159.
Court lacked jurisdiction over patient's claims because he failed to establish
diversity jurisdiction because at time he filed complaint both he and hospice
were citizens of State; also patient only sought $ 10,000 in cost and
unspecified amount for other damages, which did not meet amount in
controversy. Olsen v Quality Continuum Hospice, Inc. (2004,DC NM) 380 F
Supp 2d 1225.
Complaint against John Doe defendant alleging Internet defamation was
dismissed for lack of subject matter jurisdiction because there was risk that
if John Doe's identity were discovered there could have been no diversity,
and court's jurisdictional authority would have disappeared; court declined
to read amended language of 28 USCS § 1441
into 28 USCS § 1332 because it would have accomplished much broader
result of allowing case with only one party and only state law claims to
proceed initially in federal court Olsen v Quality Continuum Hospice, Inc.
(2004,DC NM) 380 F Supp 2d 1225.
In motorist's personal injury lawsuit against, inter alia, owners of property
adjacent to private railroad-track crossing where car-train accident occurred,
pursuant to 28 USCS § 1447(d), appellate court lacked jurisdiction to review
remand that implicitly was based on lack of subject matter jurisdiction;
district court clearly was addressing jurisdictional issues--diversity of
citizenship, 28 USCS § 1332, and fraudulent joinder--and when doing
so, it properly declined to decide doubtful question of state law and, instead,
resolved ambiguity (lack of state law directly on point) in motorist's favor.
Filla v Norfolk & Southern Ry. (2003, CA8 Mo) 336 F3d 806.
Where record creates doubt as to jurisdiction, trial court must determine
whether there are adequate grounds to sustain its jurisdiction over subject
matter. Shahmoon Industries, Inc. v Imperato (1964, CA3 NJ) 338 F2d 449,
9 FR Serv 2d 12B.22, Case 2.
Court has duty to look to its own jurisdiction and lack of subject matter
jurisdiction may be asserted by court, sua sponte, at any time. Jeter v Jim
Walter Homes, Inc. (1976, WD Okla) 414 F Supp 791.259. decided by a
preponderance of evidence.
Plaintiffs did not present any evidence, not a shred of evidence, showing
Liberi to be a resident of PA. Defendants have shown that according to her
probation she can reside only in CA or NM, she is subject to the jurisdiction
of CA, therefore the case at hand has to be dismissed as citizenship of Liberi
was not provided to resolve the issue of diversity to allow it to proceed in
Federal court. If Federal court does not have jurisdiction to hear the case, it
is supposed to be dismissed. The court has no jurisdiction to transfer to
another Federal Court a case, where it did not have jurisdiction in the
first place, as other Federal Courts equally will not have jurisdiction.
B. District Court showed bias in refusing to take into consideration
any evidence provided by the Defendants.
Plaintiffs never provided the court a shred of evidence of Liberi’s state
citizenship. Plaintiffs filed this complaint, claiming Liberi to be a resident of
Pennsylvania. While Berg stated at the 08.07.09 hearing, that he will provide
the court with Liberi’s driver’s license and other documents, he never provided
any documents. The docket and transcripts do not show any vital records for
Lisa Liberi ever provided.
On the other hand the court refused to consider any and all evidence provided
by the Defendants: The court completely ignored the summary of Liberi’s
criminal convictions, showing that she is not allowed to reside in any other
state except CA and NM until the end of her probation in March of 2011.
C. COURT SHOWED BIAS AND ABUSE OF JUDICIAL DISCRETION IN
ASSUMING JURISDICTION IN DIVERSITY WITHOUT ANY
EVIDENCE OF STATE CITIZENSHIP OF THE LEAD PLAINTIFF LISA
LIBERI AND BY IGNORING ALL EVIDENCE, PRODUCED BY THE
DEFENDANTS, SHOWING THAT LIBERI COMMITTED FORGERY
AND FRAUD ON THE COURTBY LYING ABOUT BEING A RESIDENT
OF PENSYLVANIA
Liberi is the lead plaintiff in this case. Her citizenship is at issue for the purpose of
the court assuming jurisdiction in diversity. It is also the linchpin of the case, as
she and her attorney are claiming, that she was defamed and slandered, because,
she is not Lisa Rene Liberi, born in 1965 and convicted in CA, but a different Lisa
Rene Liberi, born in 1965, who was never convicted of forgery and theft and who
is an innocent woman, resident of PA.
Liberi and Berg are refusing to provide her driver's license to prove her PA
citizenship. Without any shred of proof they made up a story, claiming that
attorney Orly Taitz tried to hire a hit man to kill Liberi, and this is the reason, why
the District Court should assume jurisdiction in diversity without any shred of
evidence.
The District Court showed bias and abuse of judicial discretion in giving
preference to this argument over a mountain of evidence, provided by the
Defendants.
a. Defendant's provided Liberi's mug shot and summary of her criminal record,
showing that Liberi is not allowed to reside in any other state aside from Ca and
NM according to the terms of her probation. Judge Robreno saw Liberi right in
from of him during the 08.07.09 hearing. He could plainly see that the woman
right in front of him, is the same woman, depicted on the mug shot.
b. Judge Robreno disregarded the e-mail from Assistant District Attorney James
Secord, who prosecuted and convicted Liberi of 10 counts of forgery and theft. In
his e-mail Mr. Secord identified Liberi on her mug shot, as one convicted in CA.
The same mug shot was identified by Ed and Caren Hale, who attended 08.07.09
hearing of Liberi and identified Liberi on the mug shot as the same woman, who
appeared in front of Judge Robreno and claimed to be a different woman.
c. Judge Robreno disregarded sworn affidavit of a distinguished career police
officer and licensed investigator Neil Sankey, where Sankey produced Liberi's
picture given to him by Liberi's ex-boyfriend and father of her son John Allen.
The same picture was identified by Ed and Caren Hale as the picture of Lisa
Liberi, who appeared in front of Judge Robreno and claimed to be a different
woman.
d. Judge Robreno disregarded evidence, showing that the signature of Lisa Liberi,
that she affixed to the pleadings and affidavits in this case, is the same signature as
affixed in her petition filed in her criminal case in CA FWV028000, defendant
1608112 Lisa Renee Liberi, aka Lisa Courville Richardson, aka Lisa Courville
Rich, aka Lisa Richardson and case FSB044914 for Lisa Liberi and in her
bankruptcy case in CA 6-02-bk-22845-PC . Not only the issue of the identical
signatures was completely disregarded, but the evidence was deleted from the
electronic docket and is currently unavailable to public.
e. Judge Robreno disregarded the evidence presented by the defendants, showing
that Liberi has a history and pattern of making false accusations of crimes and
harassing and torturing innocent individuals with frivolous law suits. Taitz
provided the court with information, showing that in 2005, while Lisa Liberi was
incarcerated in West Valley Detention Center, CA, she filed a $280,000,000
Racketeering and Corrupt organizations law suit (Appendix Docket of Lisa Liberi
v West Valley Center et al 2:05-cv-03015-VAP-SGL) against multiple individuals
and accused of multiple crimes San Bernardino, CA county, San Bernardino
District Attorney's office, West Valley Detention Center, San Bernardino sheriff's
department, deputies from the West Valley detention center, nurses from the West
Valley Detention Center, deputy District attorney, police detectives, Judge Joan
Borba, bail bonds company, USA Federal Credit Union and many other entities
and individuals. After she harassed and terrorized all of the above individuals she
abandoned the case. Judge Robreno could see, that there is a pattern of behavior of
Liberi falsely accusing multiple individuals of committing crimes and harassing
those individuals with multimillion dollar frivolous law suits. It should have given
Judge Robreno an indication, that Liberi's and Berg's accusations of multiple
crimes committed by defendants and accusations of threats are frivolous.
f. Judge Robreno showed bias and abuse of judicial discretion in disregarding
excerpts of transcript from the court hearing in The People of the State of
California v Lisa Liberi Richardson Superior Case FSB-044914. While in this
current case of Liberi et al v Taitz et al, Lisa Liberi brought her mother Shirley
Waddell to testify that her daughter is an innocent woman, slandered by the
defendants and in danger for her life, transcript of FSB-044914 shows that
Liberi's mother not only knew, that her daughter was not an innocent woman in
PA but a convicted criminal from CA, but she was the one who paid the premium
for the bail bond to bail her daughter from jail.
g. Judge Robreno exhibited bias and abuse of judicial discretion by refusing to pay
attention to the motifs of behavior of the parties. While neither one of the
defendants had any motif to state anything that was not true or in any was threaten
or harm Liberi, Liberi and Berg had a motif to commit fraud and perjury. Judge
Robreno refused to consider letters from Geoff Staples, computer consultant for
Berg's web site "Obama Crimes.com' Not only Mr. Staples sworn statement was
not considered by the court, it was not even docketed. Without any explanation or
justification Geoff Staples sworn statement was removed from the electronic
docket of the pleadings filed by the defendants on 10.28.10. (document 149,
clerk's record). (Appendix-Amended reply to 10.07.10 motion by the Plaintiffs;
defendants request for the court to use it's inherent power to sanction the plaintiffs,
attorney Berg and witness Shirley Waddell for repeated acts of fraud on the court
and perjury. Request to expedite production of Lisa Liberi's Pensylvania driver's
license, allegedly provided to court during the emergency hearing on 08.07.09.)
h. Judge Robreno showed bias and abuse of Judicial discretion by ignoring the
fact that Liberi is a convicted criminal with at least 42 criminal charges and at
least 10 criminal convictions, while individuals, that she accused of committing
crimes are indeed innocent individuals who were never convicted or charged with
any crimes. Judge Robreno repeatedly refused to take into consideration multiple
affidavits provided by multiple individuals, attesting to the fact, that they never
committed any crimes, that they were maliciously accused of crimes by Liberi and
Berg. Liberi and Berg claimed that Liberi is in danger and her driver's license
needs to be kept sealed and they accused Licensed investigator Sankey of stalking
Liberi and hacking into her computer, desert storm veteran Pamela Barnett of
forgery of letter from Linda Belcher, volunteer Linda Belcher of forgery of seal,
ED and Caren Hale of stealing an forging a document, Computer Consultant Geoff
Staples of forging Liberi's e-mails, Taitz of trying to hire a hit man to kill Liberi.
This modus operandi is similar to what Liberi exhibited previously, when she was
incarcerated in CA. Judge Robreno allowed this convicted criminal and her
unscrupulous attorney to terrorize innocent victims for a year and a half. All of the
defendants suffered an enormous emotional distress, financial hardships, Ed Hale
suffered a heart attack due to stress inflicted by this law suit. Judge Robreno had a
duty to demand verification of Liberi's citizenship. It was supposed to be done at
the onset of the case. It was a material matter in the case and essential in
ascertaining jurisdiction. Inexplicably Judge Robreno refused to demand prove of
Pennsylvania citizenship and allowed this case to become a dumping ground for
thousands of pages of slander coming from a career criminal Lisa Liberi. This was
a manifestation of bias and abuse of judicial discretion by judge Robreno.
D. JUDGE ROBRENO ERRED IN HIS ORDER #76 TO DISMISS
DEFENDANT SUNDQUIST WITHOUT PREJUDICE
On 06.09.10 Taitz filed a motion to dismiss due to lack of jurisdiction and on
06.11.10 she filed a second amended motion to dismiss due to lack of jurisdiction.
(Document 59-Clerk's record) In her motion Taitz argued that a motion to dismiss
needs to be granted for several reasons:
1. one of the defendants James Sundquist was a resident of New Jersey. Plaintiffs
Lisa Ostella and GoExcell global were also residents of New Jersey, which
destroyed diversity.
2. Lead Plaintiff Lisa Liberi claimed to be a resident of PA, but never showed a
shred of evidence of PA residence. Taitz provided a summary of her conviction
and probation record, showing, that she is on probation and allowed to reside only
in CA or NM. she was not allowed to reside in PA.
In response Plaintiffs filed a motion to dismiss defendant Sundquist without
prejudice.
Sundquist filed an opposition, he refused to be dismissed without
prejudice.(Document 54 Clerk's record), he demanded dismissal with prejudice
and attorney’s fees.
During the 06.25.09 hearing Judge Robreno continuously pressured defendant
Sundquist to agree with the plaintiff's request to dismiss him without prejudice.
Sundquist repeatedly refused.
On 06.26.10 Judge Robreno granted Plaintiff's motion to dismiss Sundquist
without prejudice. Judge Robreno acted with clear bias and abuse of Judicial
discretion. He did not assist Sundquist in any way, since Berg can continue
harassing Sundquist at any time in the state of New Jersey. On the other hand
Judge Robreno artificially created jurisdiction for the Plaintiffs, where it didn't
exist. He refused to grand a dismissal due to lack of jurisdiction and he refused
to address the fact that the lead plaintiff never provided any evidence of her state
citizenship. By artificially creating jurisdiction, Judge Robreno gave the Plaintiffs,
one of whom is a career criminal and a vexatious plaintiff, green light to harass
and terrorize the defendants with thousands of pages of pleadings, most of which
were nothing but inflammatory and slanderous material about the defendants.
While at a later hearing on 08.07.09. Attorney Berg stated, that he will provide
Liberi's Pennsylvania driver's license, he never did that. Within a year and a half
Judge Robreno never demanded from Berg to actually provide the license and
never responded to all of the requests by the defendants. These actions by the
presiding judge showed bias and abuse of Judicial discretion.
D.ACTIONS BY JUDGE ROBRENO WERE AGAINST THE PUBLIC
POLICY
There are two main issues, where the actions by the court we against the public
policy.
1. The court went against the established policy of establishing state citizenship
by the preponderance of evidence. In this case judge Robreno created a new
standard of ascertaining state citizenship without any evidence. This gives
green light for anyone and particularly a convicted felon on probation, like
Liberi to simply show up in any court, commit perjury and fraud, file an
action solely for the purpose of harassment and use the federal court as a tool
for harassment, intimidation and for infliction of several emotional distress
against anyone, particularly any whistleblower, who reports his violations of
probation.
2. Judge Robreno refused to consider the fact, that according to the fact that
Liberi committed multiple economic crimes, she was not allowed access to
any credit cards of others, it would be a violation of her probation. For a
period of a year and a half Taitz reported that Berg runs a website
ObamaCrimes.com Webmaster Geoff Staples repeatedly reported that Liberi
handled the credit cards of others on that web site. Public was and is in
danger of more economic crimes on part of Liberi. Refusal by the court to
consider matters of the well being of the public was an error. Additionally,
the issue of Liberi’s handling of the credit cards of others represented a
violation of her probation and a motif to commit perjury and fraud on the
court and claim, that she is a different person, It was also a motif for Berg to
claim that Liberi is a different person, as he knew that the truth will expose
him to charges of aiding and abetting a felon to violate terms of her
probation, as well as charges of perjury, fraud on the court, institution of
legal proceedings with the goal of harassment. Berg’s actions could expose
him to severe sanctions and possible disbarment, so his and Liberi’s
inventions of crimes and accusations of crimes were as a result of their
desire to cover up unethical behavior and possibly criminal behavior.
E. JUDGE ROBRENO ERRED, SHOWED BIAS AND ABUSE OF
JUDICIAL DISCRETION IN NOT DOCKETING LETTERS FROM
THE DEFENDANT BELCHER AND RULING AND NOT
PROVIDING ANY ANSWERS TO BELCHER .
When Berg filed this case, he has written incorrect address for defendant Linda
Belcher. Docket entry of 12.22.09 states that a letter sent to defendant Linda
Belcher returned , unable to forward. Berg was claiming, that he served Belcher,
however in May of 2010 Belcher forwarded to the court a letter, stating that she
was not served with any pleadings from July of 2009 until May of 2010. Belcher
became a pro se defendant, when her attorney resigned, as she could not afford
the fees. From May of 2010 until now Belcher has written to judge Robreno
repeatedly, advising him that her Constitutional rights for due process under 5, 9,
14 amendment were violated as she was not served with any pleadings, the court
had a wrong address and she demanded the court to set aside all orders issued
from July 2009, as she was unable to respond. Judge Robreno simply ignored
any and all letters sent by Belcher, who is a resident of Texas, an indigent and
had limited means of fighting this legal action. Not only this affected Belcher, it
affected other defendants as well, as Belcher used to be an insider and volunteer
researcher for Philip B erg, she had access to all the information and knew, that
Lisa Liberi did not reside in PA, she knew that Liberi manned the web site with
pay[pal and merchant accounts, as well as the fact, that Berg instituted a pay-pal
account for his girlfriend and connected it to the web site, which was dedicated
to the donations for Berg’s constitutional legal efforts. Additionally, in her letters
Belcher disclosed, that Liberi was receiving Social Security as a disabled person.
In her letter she stated, that a merchant account was created under the name of
Liberi’s husband Brent and it was connected to ObamaCrimse.com account. This
was an indication of possible social security fraud, IRS fraud and terms of
probations fraud and a motif for this law suit. Only, when Belcher became
exasperated by Judge Robreno’s refusal to respond, she forwarded her affidavits
to Taitz and Taitz included those in her pleadings, that she submitted to court on
06.14.10, 06.28.10, 07.02.10, 07.29.10, 08.02.10, 09.08.2010, 09.28.10, 10.21.10
and 1028.10.(Appendix volume 2, #3). Judge Robreno simply disregarding any
and all Constitutional rights violations against defendant Linda Belcher and
refused to provide any response. These actions were in error and represented
abuse of judicial discretion. Belcher was an integral part of the case and
violation of her constitutional rights of due process affected all the defendants.
DEFENDANTS ARE REQUESTING THIS COURT TO USE IT’S
INHERENT POWERS TO SANCTION PLAINTIFFS, WITNESS
SHIRLEY WADDELL AND ATTORNEY BERG
As the Appendix Vol 2, #1, 3, 4 clearly show Attorney Philip J. Berg used the
district court and filed pleadings based on fraud on the court and perjury and
harassment of defendants. His motif was the fact, that since 2006-2007 he was
working with a convicted forger and thief on probation Lisa Liberi. He clearly
knew, that she did not physically reside in PA, did not work in his office, but
rather corresponded with him via e-mails and phone. With extreme malice and
with egregious violation of code of professional ethics he filed a legal action
against the whistleblowers, who exposed Liberi and him. For a year and a half he
harassed the whistleblowers with a frivolous law suit for nearly a billion dollars.
He filed thousands of pages of inflammatory and defamatory material. When
asked to provide proof of Liberi’s PA residence he committed more egregious
fraud on the court and perjury and together with Liberi made up an accusation of
capital crimes, claiming that her driver’s license cannot be revealed due to
threats and he further defamed and slandered the defendants by accusing them of
stalking, trying to hire hit men to kill her, forging documents and so on.
Plaintiff’s were not content with lying by themselves, they enlisted Liberi’s
mother to lie and submit perjured affidavits, claiming that Liberi was an innocent
woman, even though Liberi’s mother was the one who previously posted bail in
order to bail her daughter from prison. Defendants are asking this court to
sanction the plaintiffs for these egregious acts of fraud, perjury, uttering,
institution of legal proceedings with the sole purpose to harass. Defendants are
asking to forward the copy of these proceedings to the PA Disciplinary board of
the PA Supreme Court for purpose of severe sanctions and / disbarment of
Philip J. Berg for the above acts. Defendants are also asking this court to
forward the above to pleadings to the San Bernardino, CA probation department
for the purpose of revocation of Lisa Liberi’s probation.
While FRCP Rule 11 is not directly applicable to the appellate court since it
has not been incorporated by reference or otherwise in appellate rules of court, its
requirements help to define conduct becoming to member of bar, and sanctions
may be imposed for conduct inconsistent with its standards. In re Kelly, 808 F.2d
549 (7th Cir. 1986). Berg by putting his signature on the frivolous and deceptive
motion to dismiss with its false factual allegations against Dr. Taitz has opened
himself up to sanctions should this Court wish to impose them sua sponte.
Further FRAP Rule 38 is also available to this Court and Appellees have
gone to the trouble to respond to this motion. Appellants’ counsel is responsible
for the content of frivolous motions which waste judicial resources and are without
merit and therefore are potentially sanctionable under FRAP Rule 38. See Maier v.
Orr, 758 F.2d 1578, 1584 (Fed. Cir. 1985); Meeks v. Jewel Cos., 845 F.2d 1421
(7th Cir. 1988).
CONCLUSION
Appellants request the Third Circuit Court of Appeals to find that District
Court assumed jurisdiction in error and had a duty to Dismiss the case 09-1898
due to lack of evidence of state citizenship Plaintiff Liberi and therefore the court
was without jurisdiction to rule over the case in diversity. Any orders as to this
case are in error and need to be reversed and the case dismissed.
Appellants are asking for sanctions against the Appellee and their attorney Philip
J. Berg and witness Shirley Waddell for repeated acts of fraud on the court and
filing this case for the dole reason of harassment of the defendants/appellants.
DATED: November 2, 2010
______/s/Orly Taitz_____________________
Orly Taitz, Appellant in
Pro Se and as Counsel for
Appellant Defend Our
Freedoms Foundation
(Pro Se parties Neil Sankey and Linda Belcher adopt the Appeal by the
Appellants)
ATTORNEY’S CERTIFICATE OF SERVICE
I hereby certify thata true and correct copy of the Appellan’t opening brief was
served on all the parties on 11.02.10 by electronic mail.
All parties and entities were served by MAIL AND/or ELECTRONIC MAIL on
November 2,, 2010
Neil Sankey
The Sankey Firm, Inc. a/k/a The Sankey Firm
Sankey Investigations, Inc.
2470 Stearns Street #162
Simi Valley, CA 93063
Phone: (805) 520_3151and (818) 366_0919
Cell Phone: (818) 212_7615
FAX: (805) 520_5804 and (818) 366_1491
Email: nsankey@thesankeyfirm.com
Linda Sue Belcher

201 Paris
Castroville, Texas 78009
Home Phone: (830) 538_6395
Cell Phone: (830) 931_1781
Email: Newwomensparty@aol.com and
Email: starrbuzz@sbcglobal.net
Ed Hale
Caren Hale
Plains Radio
KPRN
Bar H Farms
1401 Bowie Street
Wellington, Texas 79095
Phone: (806) 447_0010 and (806) 447_0270
Email: plains.radio@yahoo.com and
Email: barhfarms@gmail.com and ed@barhfarms.net
Philip Berg, Esq.

Lisa Liberi c/o Law Office of Philip Berg
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444_2531
(610) 825_3134
FAX (610) 834_7659
E_Mail: philjberg@gmail.com
Disciplinary Board
Supreme Court of Pensylvania
820 Adams Ave, ste 170
Trooper, PA 19403
Philadelphia District Attorneys' office
3 South Penn square
Philadelphia, PA
US Attorneys' office
Eastern District of PA
615 Chestnut str, ste 1250
Philadelphia PA 19106-4100
James Secord
Assistant District attorney
San Bernardino County
316 North Mountain view
San Bernardino CA 92415-0004
909-387-8309
www.co.san-bernardino.ca.us/da
San Bernardino County, CA
Probation Department
175 w. Fifth str. 4th floor
S. Bernardino, CA
Public Integrity Section
Department of Justice
950 Pennsylvania Ave, NW
Washington DC 20530-0001
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Special Rapporteur on the Situation of Human Rights Defenders
The Honorable Mrs. Margaret Sekaggya
Palais des Nations
CH-1211 Geneva 10, Switzerland
International Criminal bar Hague
United Nations Commission for
Civil Rights Defenders
Orsolya Toth (Ms)
Human Rights Officer
Civil and Political Rights Section
Special Procedures Division
Office of the High Commissioner for Human Rights
tel: + 41 22 917 91 51
email: ototh@ohchr.org
__/s/Orly Taitz_________________________
Dr. Orly Taitz, Esq
11.02.10
Appendix
Volume I #1 notice of Appeal
1
. Docket of Case 09-1898 Liberi et al v Taitz et al
Query
Reports
Utilities
Logout
CLOSED, APPEAL, STANDARD
United States District Court

Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:09-cv-01898-ER
LIBERI et al v. TAITZ et al Date Filed: 05/04/2009

Assigned to: HONORABLE EDUARDO C. Date Terminated: 06/04/2010
ROBRENO Jury Demand: Both
Case in other court: USCA Third Circuit, 09-03403 Nature of Suit: 320 Assault Libel
USCA Third Circuit, 10-03000 & Slander
Cause: 28:1332 Diversity-Libel,Assault,Slander Jurisdiction: Diversity
Plaintiff
LISA LIBERI represented by PHILIP J. BERG
LAW OFFICES OF
PHILIP J. BERG
555 ANDORRA GLEN
COURT
SUITE 12
LAFAYETTE HILL, PA
19444
610-825-3134
Fax: 610-834-7659
Email:
philjberg@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Plaintiff
ESQ. PHILIP J. BERG represented by PHILIP J. BERG
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Plaintiff
THE LAW OFFICES OF PHILIP J. represented by PHILIP J. BERG
BERG (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Plaintiff
EVELYN ADAMS represented by PHILIP J. BERG
a/k/a MOMMA E (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Plaintiff
LISA M. OSTELLA represented by PHILIP J. BERG
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Plaintiff
GO EXCEL GLOBAL represented by PHILIP J. BERG
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
V.
Defendant
ORLY TAITZ represented by ORLY TAITZ
a/k/a DR. ORLY TAITZ, a/k/a LAW 29839 SANTA
OFFICES OF ORLY TAITZ; MARGARITA PKWY
a/k/aWWW.ORLYTAITZESQ.COM, a/k/a SUITE 300
WWW.REPUBX.COM, a/k/a ORLY TAITZ, RANCHO SANTA
INC. MARGARITA, CA 92688
PRO SE
Defendant
DEFEND OUR FREEDOMS represented by DEFEND OUR
FOUNDATIONS, INC. FREEDOMS
FOUNDATIONS, INC.
PRESIDENT
C/O ORLY TAITZ
26302 LA PAZ
SUITE 211
MISSION VIEJO, CA
92691
PRO SE
PHILIP J. BERG
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Defendant
YOSEF TAITZ represented by BRAD MILLER
TERMINATED: 05/26/2009 COOPER MORRISON &
ASSOCIATES, LLC
325 CHESTNUT ST.
SUITE 403
PHILADELPHIA, PA
19106
215-829-9500
Email:
brad.miller@cbmfirm.com
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
Defendant
THE SANKEY FIRM
Defendant
SANKEY INVESTIGATIONS, INC. represented by SANKEY
INVESTIGATIONS,
INC.
c/o NEIL SANKEY
4230 ALAMO STREET
SIMI VALLEY, CA 93063
PRO SE
L. THEODORE HOPPE ,
JR.
HOPPE & MARTIN LLP
423 MCFARLAN RD STE
100
KENNETT SQUARE, PA
19348
610-444-2001
Email:
thoppe@hoppemartin.com
ATTORNEY TO BE
NOTICED
Defendant
NEIL SANKEY represented by NEIL SANKEY
4230 ALAMO STREET
SIMI VALLEY, CA 98063
PRO SE
L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
JAMES SUNDQUIST represented by JAMES SUNDQUIST
TERMINATED: 06/26/2009 551 VALLEY ROAD,
PMB #123
MONTCLAIR, NJ 07043
PRO SE
Defendant
ROCK SALT PUBLISHING
Defendant
LINDA SUE BELCHER represented by LINDA SUE BELCHER
a/k/a LINDA S. BELCHER a/k/a LINDA 210 PARIS STREET
STARR; a/k/a NEWWOMENSPARTY a/k/a CASTROVILLE, TX
STITCHENWITCH a/k/a EVA BRAUN a/k/a 78009
WEB SERGEANT a/k/a KATY a/k/a PRO SE
WWW.OBAMACITIZENSHIPDEBATE.ORG
L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
EDGAR HALE represented by EDGAR HALE
a/k/a JD SMITH 1401 BOWIE

WELLINGTON, TX 79095
PRO SE
L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
CAREN HALE represented by CAREN HALE
1401 BOWIE
WELLINGTON, TX 79095
PRO SE
L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
PLAINS RADIO NETWORK represented by L. THEODORE HOPPE ,
a/k/a PLAINS RADIO NETWORK, INC. JR.
a/k/a PLAINS RADIO (See above for address)
ATTORNEY TO BE
NOTICED
Defendant
BAR H FARMS represented by L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
KPRN AM 1610 represented by L. THEODORE HOPPE ,
JR.
ATTORNEY TO BE
NOTICED
Defendant
DOES 1 THROUGH 200 INCLUSIVE
V.
Movant
J. JOHNSON represented by J. JOHNSON
2600 BRINKLEY ROAD
PH 1005
FORT WASHINGTON,
MD 20744
PRO SE
Date Filed # Docket Text

05/04/2009 1 COMPLAINT against defts' ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., YOSEF TAITZ, THE
SANKEY FIRM, SANKEY INVESTIGATIONS, INC., NEIL
SANKEY, JAMES SUNDQUIST, ROCK SALT PUBLISHING,
LINDA SUE BELCHER, EDGAR HALE, CAREN HALE,
PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610
( Filing fee $ 350 receipt number PPE000127.), filed by plffs' GO
EXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAW
OFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA M.
OSTELLA. ( FILED IN HARD COPY ) (gn, ) Modified on
5/5/2009 (gn, ). (Additional attachment(s) added on 8/4/2010: # 1
Part 2) (gn, ). (Entered: 05/04/2009)
05/04/2009 Summons Issued as to ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., YOSEF TAITZ, THE
SANKEY FIRM, SANKEY INVESTIGATIONS, INC., NEIL
SANKEY, JAMES SUNDQUIST, ROCK SALT PUBLISHING,
PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610.
Given To: counsel on 5/4/09 (gn, ) Modified on 5/4/2009 (gn, ).
(Entered: 05/04/2009)
05/04/2009 2 Disclosure Statement Form pursuant to FRCP 7.1 by GO EXCEL
GLOBAL, LISA LIBERI, PHILIP J. BERG, THE LAW
OSTELLA.(gn, ) (Entered: 05/04/2009)
05/04/2009 3 EMERGENCY MOTION FOR AN INJUNCTION AND/OR
TEMPORARY RESTRAINING ORDER, FILED BY PLFFS' GO
OSTELLA. ( FILED IN HARD COPY ) (gn, ) Modified on
5/5/2009 (gn, ). (gn, ). (Entered: 05/04/2009)
05/04/2009 4 Memorandum in support of plff's motion for Emergency

Injunction and/or Temporary Restraining Order, filed by plffs' GO
OSTELLA, Proof of Service. ( FILED IN HARD COPY ) (gn, )
Modified on 5/5/2009 (gn, ). (Additional attachment(s) added on
8/4/2010: # 1 Part 1, # 2 Part 2) (gn, ). (Entered: 05/04/2009)
05/04/2009 5 Minute Entry for proceedings held before HONORABLE
EDUARDO C. ROBRENO: Motion for Temporary Restraining
Order held on 5/4/09. ESR Reporter: Joseph Matkowski. (gn, )
(Entered: 05/05/2009)
05/07/2009 6 SUMMONS Returned Executed by GO EXCEL GLOBAL, LISA
LIBERI, THE LAW OFFICES OF PHILIP J. BERG, EVELYN
ADAMS, LISA M. OSTELLA re: Don Clayton served Summons
and Complaint upon ORLY TAITZ by personal service. ORLY
TAITZ served on 5/4/2009, answer due 5/26/2009. (gn, ) (Entered:
05/08/2009)
LIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J.
BERG, EVELYN ADAMS, LISA M. OSTELLA re: Don Clayton
served Summons and Complaint upon DEFEND OUR
FREEDOMS FOUNDATIONS, INC., YOSEF TAITZ by personal
service. DEFEND OUR FREEDOMS FOUNDATIONS, INC.
served on 5/5/2009, answer due 5/26/2009; YOSEF TAITZ served
on 5/5/2009, answer due 5/26/2009. (gn, ) (Entered: 05/08/2009)
BERG, EVELYN ADAMS, LISA M. OSTELLA re: Bob Shultz
served Summons and Complaint upon THE SANKEY FIRM,
SANKEY INVESTIGATIONS, INC., NEIL SANKEY by
personal service. THE SANKEY FIRM served on 5/5/2009,
answer due 5/26/2009; SANKEY INVESTIGATIONS, INC.
served on 5/5/2009, answer due 5/26/2009; NEIL SANKEY
served on 5/5/2009, answer due 5/26/2009. (gn, ) (Entered:
05/08/2009)
BERG, EVELYN ADAMS, LISA M. OSTELLA re: Joe served
Summons and Complaint upon EDGAR HALE, CAREN HALE,
PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610
by personal service. EDGAR HALE served on 5/7/2009, answer
due 5/27/2009; CAREN HALE served on 5/7/2009, answer due
5/27/2009; PLAINS RADIO NETWORK served on 5/7/2009,

answer due 5/27/2009; BAR H FARMS served on 5/7/2009,
answer due 5/27/2009; KPRN AM 1610 served on 5/7/2009,
answer due 5/27/2009. (gn, ) (Entered: 05/08/2009)
BERG, EVELYN ADAMS, LISA M. OSTELLA re: LANA
COPELAN served Summons and Complaint upon LINDA SUE
BELCHER by Personal Service. LINDA SUE BELCHER served
on 5/5/2009, answer due 5/26/2009. (stb, ) (Entered: 05/12/2009)
05/22/2009 11 AFFIDAVIT of Service by Richard Minervino re: served
Summons, Complaint, Motion for Injunction and/or Temp
Restrainnig Order, Memorandum of Law in Support of Motion for
Injunction or temp. TRO, Proposed Order upon James Sundquist
through his wife Karen Sundquist by Personal on May 21, 2009
(BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 12 AFFIDAVIT of Service by Richard Minervino re: served
Summons, Complaint, Motion for Injunction and/or Temp
Restrainnig Order, Memorandum of Law in Support of Motion for
Injunction or temp. TRO, Proposed Order upon Rock Salt
Publishing through James Sundquist by Personal on May 21, 2009
BERG, EVELYN ADAMS, LISA M. OSTELLA re: Richard
Minervino served Summons and Complaint upon JAMES
SUNDQUIST by Personal. JAMES SUNDQUIST served on
5/21/2009, answer due 6/10/2009. (BERG, PHILIP) (Entered:
05/22/2009)
05/22/2009 14 SUMMONS Returned Executed by THE LAW OFFICES OF
PHILIP J. BERG re: Richard Minervino served Summons and
Complaint upon ROCK SALT PUBLISHING by Personal. ROCK
SALT PUBLISHING served on 5/21/2009, answer due 6/10/2009.
05/22/2009 15 AFFIDAVIT of Service by Don Clayton re: served Emergency
Motion for Injunction and/or Temp Restrainnig Order,
Memorandum of Law in Support of Motion for Injunction or temp.
TRO, Proposed Order upon Orly Taitz through the person in
Charge, Lila Dubert by Substituted Service on May 4, 2009
05/22/2009 16 AFFIDAVIT of Service by Lana Copeland re: served Emergency

TRO, Proposed Order upon Linda Sue Belcher by Personal on
May 5, 2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/22/2009 17 AFFIDAVIT of Service by Joe Dale Stewart re: served Emergency
TRO, Proposed Order upon Caren Hale by Personal on May 7,
2009 (BERG, PHILIP) (Entered: 05/22/2009)
TRO, Proposed Order upon Edgar Hale by Personal on May 7,
2009 (BERG, PHILIP) (Entered: 05/22/2009)
TRO, Proposed Order upon KPRN AM 1610, Plains Radio, Inc.,
and Bar H Farms by Personal on May 7, 2009 (BERG, PHILIP)
(Entered: 05/22/2009)
05/22/2009 20 AFFIDAVIT of Service by Bob Shultz re: served Emergency
TRO, Proposed Order upon Neil Sankey, The Sankey Firm, and
Sankey Investigations, Inc. by Personal on May 5, 2009 (BERG,
PHILIP) (Entered: 05/22/2009)
TRO, Proposed Order upon Defend our Freedoms Foundation, Inc.
by Substituted Service on May 5, 2009 (BERG, PHILIP) (Entered:
05/22/2009)
TRO, Proposed Order upon Yosef Taitz by Substituted Service on
May 5, 2009 (BERG, PHILIP) (Entered: 05/22/2009)
05/26/2009 23 ANSWER AND MOTION TO DISMISS, FILED BY DEFT
NEIL SANKEY, SANKEY INVESTIGATIONS, AND SANKEY
INVESTIGATIONS INC., with jury demand, AFFIDAVIT,
CERTIFICATE OF SERVICE. (gn, ) Modified on 5/26/2009 (gn,
). Modified on 5/26/2009 (gn, ). (Entered: 05/26/2009)

05/26/2009 24 ANSWER AND MOTION TO DISMISS, FILED BY DEFT
LINDA SUE BELCHER, with jury demand, AFFIDAVIT,
CERTIFICATE OF SERVICE. (gn, ) Modified on 5/26/2009 (gn,
). (Entered: 05/26/2009)
05/26/2009 25 ANSWER AND MOTION TO DISMISS, FILED BY DEFTS
EDGAR HALE, CAREN HALE, jury demand, AFFIDAVITS,
CERTIFICATE OF SERVICE.(gn, ) Modified on 5/26/2009 (gn,
). (Entered: 05/26/2009)
05/26/2009 26 STIPULATION of Dismissal without prejudice by YOSEF
TAITZ. (MILLER, BRAD) (Entered: 05/26/2009)
05/27/2009 27 Request for Default Judgment Entry, Request for Entry of Default;
Declaration of Philip J. Berg, Esquire in support thereof;
Certificate of Service and Proposed Entry of Default Order GO
OSTELLA against ORLY TAITZ, DEFEND OUR FREEDOMS
FOUNDATIONS, INC.. (BERG, PHILIP) Modified on 5/28/2009
(nd). (Entered: 05/27/2009)
05/27/2009 28 Request for Default Judgment Entry, Request for Entry of Default,
Declaration of Philip J. Berg, Esquire in Support thereof;
Certificate of Service; and Proposed Entry of Default Order LISA
LIBERI against THE SANKEY FIRM. (BERG, PHILIP)
Modified on 5/28/2009 (nd, ). (Entered: 05/27/2009)
05/27/2009 DEFAULT BY ORLY TAITZ, DEFEND OUR FREEDOMS
FOUNDATIONS, INC., THE SANKEY FIRM FOR FAILURE
TO APPEAR, PLEAD OR OTHERWISE DEFEND. (gn, )
Modified on 6/29/2009 (gn, ). ( STRICKEN PURSUANT TO
PAPER #79) (Entered: 05/28/2009)
05/27/2009 Default Entered (gn, ) Modified on 6/29/2009 (gn, ). ( STRICKEN
PURSUANT TO PAPER #79) (Entered: 05/28/2009)
05/28/2009 29 STIPULATION AND ORDER OF DISMISSAL WITHOUT
PREJUDICE OF DEFENDANT YOSEF TAITZ THAT ALL
CLAIMS AGAINST DEFENDANT YOSEF TAITZ ARE
HEREBY DISMISSED WITHOUT PREJUDICE, ETC.
COUNSEL FOR DEFENDANT YOSEF TAITZ SHALL
CONTINUE TO BE INCLUDED ON THIS COURT'S DOCKET
FOR PURPOSES OF RECEIVING ALL FILINGS, AND SHALL
BE PERMITTED TO PARTICIPATE IN ALL DISCOVERY
PROCEEDINGS. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 5/28/09. 5/28/09 ENTERED AND COPIES

MAILED TO UNREPS AND PRO SE, E-MAILED.(lisad, )
(Entered: 05/28/2009)
05/28/2009 30 Request for Default Judgment LISA LIBERI against ORLY
TAITZ. (BERG, PHILIP) (COPY FORWARDED TO CLERK
FOR APPROVAL) Modified on 5/29/2009 (md). (Entered:
05/28/2009)
05/28/2009 35 MOTION TO DISMISS DUE TO LACK OF JURISDICTION,
FILED BY ORLY TAITZ, DEFEND OUR FREEDOMS
FOUNDATIONS, INC.(gn, ) (Entered: 05/29/2009)
05/28/2009 36 Opposition to Injunction, filed by ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., Certificate of Service. (gn,
) (Additional attachment(s) added on 5/29/2009: # 1 opposition)
(gn, ). Modified on 6/3/2009 (gn, ). (Entered: 05/29/2009)
05/28/2009 37 ANSWER to 1 Complaint, by ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., Certificate of Service.(gn, )
(Entered: 05/29/2009)
05/28/2009 48 MOTION TO SET ASIDE DEFAULT, FILED BY DEFT ORLY
TAITZ, CERTIFICATE OF SERVICE.(gn, ) (Entered:
06/08/2009)
05/29/2009 31 Request for Default Judgment , Declaration in support thereof;
certificate of service; and proposed Default Judgment LISA
LIBERI against DEFEND OUR FREEDOMS FOUNDATIONS,
INC.. (BERG, PHILIP) (COPY FORWARDED TO CLERK FOR
APPROVAL) Modified on 5/29/2009 (md). (Entered: 05/29/2009)
05/29/2009 32 Declaration re 30 Request for Default Judgment Request for
Default Judgment, Declaration in support thereof; Certificate of
Service; and Proposed Default Judgment by LISA LIBERI.
05/29/2009 33 Request for Default Judgment ; Declaration in support thereof;
Certificate of Service; and Proposed Default Judgment LISA
LIBERI against THE SANKEY FIRM. (BERG, PHILIP) (COPY
FORWARDED TO CLERK FOR APPROVAL) Modified on
5/29/2009 (md). (Entered: 05/29/2009)
Certificate of Service; and Proposed Default Judgment LISA M.
OSTELLA against ORLY TAITZ. (BERG, PHILIP) (COPY
FORWARDED TO CLERK FOR APPROVAL) Modified on
5/29/2009 (md). (Entered: 05/29/2009)
05/29/2009 38 ORDER THAT A STATUS AND SCHEDULING

CONFERENCE WITH THE PARTIES WILL TAKE PLACE ON
6/25/2009 AT 10:30 AM IN COURTROOM 11A. ( SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 5/28/09. ) 5/29/09
ENTERED AND COPIES MAILED, E-MAILED.(gn, ) (Entered:
05/29/2009)
06/02/2009 39 Request for Default Judgment ; Declaration in support thereto;
Certificate of Service; and Proposed Judgment by Default Order
PHILIP J. BERG against ORLY TAITZ. (BERG, PHILIP)
(Entered: 06/02/2009)
Certificate of Service; and Default Judgment Order PHILIP J.
BERG against DEFEND OUR FREEDOMS FOUNDATIONS,
INC.. (BERG, PHILIP) (Entered: 06/02/2009)
Certificate of Service; and Proposed Default Judgment THE LAW
OFFICES OF PHILIP J. BERG against DEFEND OUR
FREEDOMS FOUNDATIONS, INC.. (BERG, PHILIP) (Entered:
06/02/2009)
06/07/2009 42 Request for Default Judgment ; Declaration in support thereto;
Certificate of Servcie; and Proposed Default Judgment Order
THE LAW OFFICES OF PHILIP J. BERG against ORLY TAITZ.
06/07/2009 43 Request for Default Judgment ; Declaration in Support thereto;
Certificate of Service; and Proposed Judgment by Default Order
GO EXCEL GLOBAL against ORLY TAITZ. (BERG, PHILIP)
(Entered: 06/07/2009)
Certificate of Service; and Proposed Default Judgment Order
EVELYN ADAMS against DEFEND OUR FREEDOMS
FOUNDATIONS, INC.. (BERG, PHILIP) (Entered: 06/07/2009)
EVELYN ADAMS against ORLY TAITZ. (BERG, PHILIP)
(Entered: 06/07/2009)
LISA M. OSTELLA against DEFEND OUR FREEDOMS
Certificate of Servicep; and Proposed Default Judgment Order

GO EXCEL GLOBAL against DEFEND OUR FREEDOMS
06/08/2009 49 RESPONSE in Opposition re 48 & 51 MOTIONS to Set Aside
Default entered May 27, 2009 filed by GO EXCEL GLOBAL,
LISA LIBERI, PHILIP J. BERG, THE LAW OFFICES OF
PHILIP J. BERG, EVELYN ADAMS, LISA M. OSTELLA.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Proposed Order, # 5 Certificate of Service)(BERG, PHILIP)
Modified on 6/11/2009 (nd). (Entered: 06/08/2009)
06/09/2009 50 ANSWER AND MOTION TO DISMISS OR TRANSFER,
FILED BY DEFT JAMES SUNDQUIST,CERTIFICATE OF
SERVICE.(gn, ) (Entered: 06/09/2009)
06/09/2009 51 Opposition to Plff's Request for Default Judgment and Motion to
Set Aside Default entered by the Clerk, filed by deft ORLY
TAITZ, Certificate of Service. (gn, ) (Entered: 06/09/2009)
06/09/2009 52 Request by deft ORLY TAITZ to allow paper document filing,
Certificate of Service. (gn, ) (Entered: 06/09/2009)
06/09/2009 53 MOTION TO DISMISS DUE TO LACK OF JURISDICTION,
FILED BY DEFTS' ORLY TAITZ, DEFEND OUR FREEDOMS
FOUNDATIONS, INC.(gn, ) (Entered: 06/09/2009)
06/11/2009 54 RESPONSE in Opposition re 35 MOTION to Dismiss, 53
MOTION to Dismiss for Lack of Jurisdiction , Certificate of
Service and Proposed Order filed by GO EXCEL GLOBAL,
06/11/2009 55 RESPONSE in Opposition re 24 MOTION to Dismiss , Certificate
of Service and Proposed Order filed by GO EXCEL GLOBAL,
06/11/2009 56 RESPONSE in Opposition re 25 MOTION to Dismiss ; Certificate
06/11/2009 57 RESPONSE in Opposition re 23 MOTION to Dismiss ; Certificate

06/11/2009 58 MOTION to Strike 36 Response of Defendants Orly Taitz and
Defend our Freedoms Foundation, Inc. Opposition to Plaintiffs'
Injunction filed by GO EXCEL GLOBAL, LISA LIBERI, PHILIP
J. BERG, THE LAW OFFICES OF PHILIP J. BERG, EVELYN
ADAMS, LISA M. OSTELLA.Motion to Strike and Objections;
Memorandum of Law in Support thereto; Certificate of Service;
and Proposed Order.(BERG, PHILIP) (Entered: 06/11/2009)
06/11/2009 59 SECOND AMENDED MOTION TO DISMISS COUNTS ONE-
SIX FOR 12(B)(1) LACK OF SUBJECT MATTER
JURISDICTION & JUDGMENT OF THE PLEADINGS, FILED
BY DEFT ORLY TAITZ, CERTIFICATE OF SERVICE.(gn, )
(Entered: 06/11/2009)
06/12/2009 60 Disclosure Statement Form pursuant to FRCP 7.1 by DEFEND
OUR FREEDOMS FOUNDATIONS, INC..(gn, ) (Entered:
06/12/2009)
06/16/2009 61 FIRST AMENDED ANSWER, Special California Motion to
Strike pursuant to anti-slapp law, Rule 12(f) motion to strike 24-
144 and reservation of counterclaims under Rule 13(a)-(b), filed
by deft ORLY TAITZ, Certificate of Service. (gn, ) (Entered:
06/16/2009)
06/18/2009 62 Ex Parte MOTION For Leave to Dismiss Defendant's James
Sundquist and Rock Salt Publishing Without Prejudice ;
Memorandum of Law in Suppoprt thereof; and Certificate of
Service filed by GO EXCEL GLOBAL, LISA LIBERI, PHILIP J.
BERG, THE LAW OFFICES OF PHILIP J. BERG, EVELYN
ADAMS, LISA M. OSTELLA.Ex Parte Motion for Leave to
Dismiss James Sundquist and Rock Salt Publishing w/o Prejudice;
Memorandum of Law in Support thereof; and Certificate of
Service.(BERG, PHILIP) (Entered: 06/18/2009)
06/18/2009 63 RESPONSE in Opposition re 59 MOTION to Dismiss ;
Memorandum of Law in Support thereof; Certificate of Service
and Proof of Service filed by GO EXCEL GLOBAL, LISA
BERG, EVELYN ADAMS, LISA M. OSTELLA. (Attachments: #
1 Exhibit "A" through "L", # 2 Exhibit "M" through "O", # 3
Exhibit "P" through "Q")(BERG, PHILIP) (Additional
attachment(s) added on 6/19/2009: # 4 MAIN DOC.) (fh, ).
(Entered: 06/18/2009)
06/21/2009 64 MOTION to Dismiss and/or Strike Defendant's Orly Taitz, et al
and Defend our Freedoms Foundation, Inc. Filings appearings as

Docket Entry No. 35, 36, 37, 52, 53, 59 and 61 Memorandum of
Law in Support thereof; Certificate of Service and Proposed Order
filed by GO EXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG,
THE LAW OFFICES OF PHILIP J. BERG, EVELYN ADAMS,
LISA M. OSTELLA.Motion to Dismiss and/or Strike Doc. entry
35, 36, 37, 52, 53, 59, and 61; Memorandum of Law in Support
thereof; Certificate of Service and Proposed Order.(BERG,
06/22/2009 65 Discovery Plan by all plaintiffs.(BERG, PHILIP) (Entered:
06/22/2009)
06/23/2009 66 Emergency MOTION for an Injunction or Restraining Order as
Requested in Plaintiffs' Motion filed on May 4, 2009 appearing on
the Docket as Doc. #3 re 3 MOTION for Temporary Restraining
Order ; Memorandum of Law in Support thereof; Certificate of
Service and Proposed Order filed by GO EXCEL GLOBAL,
PHILIP J. BERG, EVELYN ADAMS, LISA M.
OSTELLA.Emergency Motion for the Issuance of Plaintiffs'
Injunction or Restraining Order Requested In Plaintiffs Emeregncy
Motion filed and Docketed as Doc. No. 3 on May 4, 2009;
Memorandum of Law in Support thereof; Certificate of Service;
and a Proposed Order.(BERG, PHILIP) (Entered: 06/23/2009)
06/24/2009 67 RESPONSE in Opposition to Emergency motion for the issuance
of plffs' injunction or restraining order, filed by defts', ORLY
TAITZ, DEFEND OUR FREEDOMS FOUNDATIONS, INC.,
06/24/2009 68 RESPONSE in Opposition to plff's "Ex Parte" motion for leave to
dismiss (DROP) deft's James Sundquist and Rock Salt Publishing
without prejudice, filed by defts' ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., JAMES SUNDQUIST,
ROCK SALT PUBLISHING. (gn, ) Modified on 6/25/2009 (ah).
(Entered: 06/24/2009)
06/24/2009 69 Praecipe to Enter Appearance by BAR H FARMS, KPRN AM
1610, SANKEY INVESTIGATIONS, INC., NEIL SANKEY,
PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610,
PLAINS RADIO NETWORK. (HOPPE, L.) (Entered:
06/24/2009)
06/24/2009 70 Memorandum in Support of MOTION to Dismiss for Lack of
Jurisdiction MOTION to Transfer Venue filed by BAR H FARMS,
KPRN AM 1610, SANKEY INVESTIGATIONS, INC., NEIL
SANKEY, LINDA SUE BELCHER, EDGAR HALE, CAREN

HALE, PLAINS RADIO NETWORK, BAR H FARMS, KPRN
AM 1610, PLAINS RADIO NETWORK, Memorandum,
Certificate of Service.(HOPPE, L.) Modified on 8/6/2009 (nd, ).
(Entered: 06/24/2009)
06/24/2009 71 REPLY to Response to Motion re 62 Ex Parte MOTION For
Leave to Dismiss Defendant's James Sundquist and Rock Salt
Publishing Without Prejudice ; Memorandum of Law in Suppoprt
thereof; and Certificate of Service Reply to Orly Taitz, Esq., et al
and Defend our Freedoms Foundation, Inc., Opposition to
Plaintiffs' Motion #62, Memorandum of Law in support thereof
and Certificate of Service filed by GO EXCEL GLOBAL, LISA
BERG, EVELYN ADAMS, LISA M. OSTELLA. (BERG,
06/25/2009 72 REPLY to Response to Motion re 66 Emergency MOTION for an
Injunction or Restraining Order as Requested in Plaintiffs' Motion
filed on May 4, 2009 appearing on the Docket as Doc. #3 re 3
MOTION for Temporary Restraining Order ; Memorandum of
Law in Support thereof; CertifiEmergency MOTION for an
Law in Support thereof; CertifiEmergency MOTION for an
Law in Support thereof; Certifi filed by GO EXCEL GLOBAL,
LISA LIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP
J. BERG, EVELYN ADAMS, LISA M. OSTELLA. (BERG, PHILIP)
(Entered: 06/25/2009)
06/25/2009 73 Revised Praecipe to Enter Appearance by BAR H FARMS, KPRN
AM 1610, SANKEY INVESTIGATIONS, INC., NEIL SANKEY,
PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610,
PLAINS RADIO NETWORK. (HOPPE, L.) (Entered:
06/25/2009)
06/25/2009 74 MOTION TO DISMISS WITH PREJUDICE AND TO ENJOIN,
FILED BY MOVANT J. JOHNSON, CERTIFICATE OF
SERVICE.(gn, ) (Entered: 06/26/2009)
EDUARDO C. ROBRENO: Motion Hearing held on 6/25/09 re 3
MOTION for Temporary Restraining. ESR Reporter: Joseph

Matkowski. (gn, ) (Entered: 06/26/2009)
06/26/2009 76 ORDER THAT PLFFS' MOTION TO DISMISS DEFTS JAMES
SUNDQUIST AND ROCK SALT PUBLISHING (DOC #62) IS
GRANTED. IT IS FURTHER ORDERED THAT DEFTS JAMES
SUNDQUIST AND ROCK SALT PUBLISHING ARE
DISMISSED WITHSOUT PREJUDICE. ( SIGNED BY
ENTERED AND COPIES MAILED TO UNREPS, E-
MAILED.(gn, ) (Entered: 06/26/2009)
06/26/2009 77 ORDER THAT PLFFS' EMERGENCY MOTIONS FOR AN
INJUNCTION AND/OR A TEMPORARY RESTRANING
ORDER (DOC NOS. 3 & 66) ARE DENIED WITHOUT
PREJUDICE. IT IS FURTHER ORDERED THAT DEFTS'
MOTIONS TO DISMISS (DOC NOS. 23, 24, 25, 35, 50, 53 &
59) ARE DENIED WITHOUT PREJUDICE. IT IS FURTHER
ORDERED THAT PLFFS' MOTIONS TO STRIKE (DOC NOS.
58 & 640 ARE DENIED WITHOUT PREJUDICE. IT IS
FURTHER ORDERED THAT DEFT TAITZ'S MOTION TO
STRIKE (DOC NO. 61) IS DENIED WITHOUT PREJUDICE. (
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
6/25/09. ) 6/26/09 ENTERED AND COPIES MAILED TO
UNREPS, E-MAILED.(gn, ) (Entered: 06/26/2009)
06/26/2009 78 ORDER THAT NO FURTHER MOTIONS SHALL BE FILED
IN THIS CASE WITHOUT PRIOR LEAVE OF THE COURT. IT
IS FURTHER ORDERED THAT A PARTY SEEKING LEAVE
TO FILE A MOTION MAY DO SO BY LETTER TO THE
COURT, WITH COPIES TO ALL PARTIES, INDICATING IN
SUCH A LETTER WHETHET THE OTHER PARTIES
CONSENT TO THE REQUEST, ETC. ( SIGNED BY
06/26/2009 79 ORDER THAT DEFT TAITZ'S MOTIONS TO SET ASIDE
DEFAULT (DOC NOS. 48 & 51) ARE GRANTED. IT IS
FURTHER ORDERED THAT THE CLERK SHALL STRIKE
FROM THE RECORD ANY ENTRY OF DEFAULT IN THIS
CASE. IT IS FURTHER ORDERED THAT PLFFS' REQUESTS
FOR ENTRY OF DEFAULT JUDGMENT (DOC NOS. 30, 31,
32, 33, 34, 39, 40, 41, 42, 43, 44, 45, 46 7 47) ARE DENIED
WITHOUT PREJUDICE. ( SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 6/25/09. ) 6/26/09 ENTERED
AND COPIES MAILED TO UNREPS, E-MAILED.(gn, )
(Entered: 06/26/2009)
06/26/2009 80 ORDER THAT A RULE IS ISSUED UPON PLFFS TO SHOW
CAUSE AS TO WHY THEIR COMPLAINT SHOULD NOT BE
DISMISSED FOR LACK OF PERSONAL JURISDICTION. IT
IS FURTHER ORDERED THAT A RULE IS ISSUED UPON
PLFFS TO SHOW CAUSE WHY THIS CASE SHOULD NOT
BE SEVERED INTO (3) OR FEWER CASE AGAINST THE
FOLLOWING GROUPS OF DEFTS: (1) EDGAR & CAREN
HALE, ETC. IT IS FURTHER ORDERED THAT THESE
RULES ARE RETURNABLE ON PLFFS BY 7/27/09. DEFTS
SHALL HAVE UNTIL 8/26/09 TO REPLY TO PLFFS'
RESPONSES. ( SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 6/25/09. ) 6/26/09 ENTERED AND COPIES
MAILED TO UNREPS, E-MAILED.(gn, ) (Entered: 06/26/2009)
07/24/2009 81 ORDER THAT THE ORDER DATED 6/26/09 (DOC #80) IS
AMENDED TO THE EXTENT THAT THE RULES TO SHOW
CAUSE ARE RETURNABLE ON PLFFS BY 8/26/09. DEFT
SHALL HAVE UNTIL 9/25/09 TO REPLY TO PLFFS'
RESPONSES. ( SIGNED BY HONORABLE EDUARDO C.
MAILED UNREPS, E-MAILED.(gn, ) Modified on 7/24/2009
07/27/2009 82 ORDER THAT THE CLERK SHALL FILE PLFFS' MOTION
FOR A TEMPORARY INJUNCTIO AND/OR TEMPORARY
RESTRAINING ORDER; ATTACHED HERETO, AS OF
RECORD. IT IS FURTHER ORDERED THAT DEFTS SHALL
FILE THEIR RESPONSES TO PLFFS' MOTION, IF ANY BY
8/3/09. IT IS FURTHER ORDERED THAT A HEARING
SHALL TAKE PLACE ONPLFFS' MOTION FOR A
TEMPORARY INJUNCTION AND/OR TEMPORARY
RESTRAINING ORDER, AND ANY RESPONSES THERETO,
ON 8/7/09 AT 10:30AM IN COURTROOM 11A. ( SIGNED BY
MAILED.(gn, ) Modified on 7/27/2009 (gn, ). (Entered:
07/27/2009)
07/27/2009 83 EMERGENCY MOTION FOR THE ISSUANCE OF PLFFS'
INJUNCTION OR RESTRAINING ORDER REQUESTED IN
PLFFS' MOTION FILED AND DOCKETED AS DOCUMENT
NO. 3 ON 5/4/09, FILED BY PLFFS' GO EXCEL GLOBAL,
PHILIP J. BERG, EVELYN ADAMS, LISA M. OSTELLA,
MEMORANDUM, CERTIFICATE OF SERVICE.(gn, ) (Entered:
07/27/2009)
07/27/2009 Set/Reset Deadlines as to 83 MOTION for Temporary Restraining
Order. MOTION HEARING SET FOR 8/7/2009 10:30 AM IN
COURTROOM BEFORE HONORABLE EDUARDO C.
ROBRENO. (gn, ) (Entered: 07/27/2009)
07/27/2009 Set/Reset Deadlines as to 83 MOTION for Temporary Restraining
Order. RESPONSES DUE BY 8/3/2009. (gn, ) (Entered:
07/27/2009)
07/28/2009 84 ORDER TO BE FILED OF RECORD. ( SIGNED BY
ENTERED AND COPIES MAILED TO UNREPS, PRO SE, E-
07/29/2009)
07/30/2009 85 ORDER TO BE FILED OF RECORD. ( SIGNED BY
07/31/2009 86 ORDER THAT THE REQUEST FOR CONTINAUCE IS
DENIED. ( SIGNED BY HONORABLE EDUARDO C.
MAILED TO UNREPS, E-MAILED.(gn, ) Modified on 8/3/2009
(gn, ). (Entered: 08/03/2009)
08/03/2009 87 RESPONSE to plffs' Emergency Motion, filed by deft LINDA
SUE BELCHER, Certificate of Service. (gn, ) (Entered:
08/03/2009)
08/03/2009 88 MOTION to Withdraw as Attorney filed by EDGAR HALE,
CAREN HALE, PLAINS RADIO NETWORK, BAR H FARMS,
KPRN AM 1610.Certificate of Service.(HOPPE, L.) (Entered:
08/03/2009)
08/03/2009 89 MOTION to Withdraw as Attorney filed by SANKEY
INVESTIGATIONS, INC., NEIL SANKEY.Certificate of
Service.(HOPPE, L.) (Entered: 08/03/2009)
08/03/2009 90 MOTION to Withdraw as Attorney filed by LINDA SUE
BELCHER.Certificate of Service.(HOPPE, L.) (Entered:
08/03/2009)
08/03/2009 91 MOTION FOR SANTIONS FOR VIOLATIONS OF RULE
11(b), FILED BY DEFTS' ORLY TAITZ, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., CERTIFICATE OF
SERVICE. ( EXHIBITS A-F AND EXHIBITS I-M FILED IN
HARD COPY ) (gn, ) Modified on 8/3/2009 (gn, ). (Entered:

08/03/2009)
08/03/2009 92 RESPONSE to plffs' Emergency Motion, filed by deft EDGAR
HALE, Certificate of Service. (gn, ) (Entered: 08/03/2009)
08/03/2009 93 MOTION FOR DISMISSAL OF TRO OR EMERGENCY
MOTION FOR CONTINUANCE AND OBJECTIONS TO
ORDERS IN DOCUMENTS 81-82, AND OBJECTIONS AND
RESPONSE TO APPLICATION FOR TRO IN DOCUMENT 83,
FILED BY DEFTS' ORLY TAITZ, DEFEND OUR FREEDOMS
FOUNDATIONS, INC. (Attachments: # 1 affidavit)(gn, )
(Entered: 08/03/2009)
08/07/2009 94 ORDER TO BE FILED OF RECORD, LETTER DATED 8/7/09
FROM EDGAR S. HALE III, CAREN J. HALE RE: CERTAIN
FACTS. ( SIGNED BY HONORABLE EDUARDO C.
EDUARDO C. ROBRENO: Motion Hearing held on 8/7/09 re 83
MOTION for Temporary Restraining Order filed by THE LAW
OFFICES OF PHILIP J. BERG, LISA M. OSTELLA, GO
EXCEL GLOBAL, EVELYN ADAMS, LISA LIBERI, PHILIP J.
BERG. ESR Joseph Matkowski (gn, ) (Entered: 08/07/2009)
08/10/2009 96 ORDER THAT PLFFS' MOTION FOR TRO (DOC #83) IS
DENIED. ( SIGNED BY HONORABLE EDUARDO C.
08/10/2009 97 ORDER THAT NON-PARTY MOVANT J. JOHNSON'S
MOTION TO DISMISS WITH PREJUDICE AND TO ENJOIN
(DOC #74) IS DENIED WITH PREJUDICE. ( SIGNED BY
08/10/2009 98 ORDER THAT DEFT ORLY TAITZ'S MOTION FOR
SANCTIONS (DOC #91) IS DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED THAT ORLY TAITZ'S OMNIBUS
MOTION (DOC #93) IS DENIED AS MOOT TO THE EXTENT
THAT IT SEEKS A CONTINUANCE OF HEARING, WHICH
WAS SCHEDULED FOR 8/7/09, AND DENIED TO THE
EXTENT THAT IT SEEKS A DISMISSAL OF PLFFS'
COMPLAINT OR OF PLFFS' MOTION FOR AN INJUNCTION
OR TEMPORARY RESTRAINING ORDER. ( SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 8/10/09. )8/10/09

ENTERED AND COPIES MAILED TO UNREPS., E-
08/10/2009)
08/10/2009 99 ORDER THAT MR. THEODORE HOPPE, JR. ESQ.'S
MOTIONS TO WITHDRAW AS COUNSEL FOR CERTAIN
DEFTS (DOC NOS 88, 89 & 90) ARE GRANTED. ( SIGNED
BY HONORABLE EDUARDO C. ROBRENO ON 8/10/09. )
8/10/09 ENTERED AND COPIES MAILED TO UNREPS, E-
08/14/2009 100 NOTICE OF APPEAL as to 96 Order on Motion for TRO by GO
OSTELLA. Copies to Judge, Clerk USCA, Appeals Clerk and
PHILIP J. BERG, Certificate of Service. (BERG, PHILIP)
Modified on 8/17/2009 (nd, ). (Entered: 08/14/2009)
08/14/2009 101 Clerk's Notice to USCA re 100 Notice of Appeal, : (gn, ) (Entered:
08/17/2009)
08/18/2009 102 Emergency MOTION for Temporary Restraining Order Pending
Appeal pursuant to Fed. Rules of Appellate Procedure, Rule 8;
Brief in support thereof; Verification of Lisa Liberi; Affidavit of
Shirley Waddell; Exhibits "A" through "CC"; Proposed Orders
and Certificate of Service filed by GO EXCEL GLOBAL, LISA
BERG, EVELYN ADAMS, LISA M. OSTELLA.Brief;
Verification of Lisa Liberi; Affidavit of Shirley Waddell;
Certificate of Service and Proposed Orders. (Attachments: # 1
Exhibit "A" through "D", # 2 Exhibit "E" through "V", # 3 Exhibit
"W" and "X", # 4 Exhibit "Y", # 5 Exhibit "Z", # 6 Exhibit "AA"
through "CC")(BERG, PHILIP) (Entered: 08/18/2009)
08/20/2009 NOTICE of Docketing Record on Appeal from USCA re 100
Notice of Appeal, filed by THE LAW OFFICES OF PHILIP J.
BERG, LISA M. OSTELLA, GO EXCEL GLOBAL, EVELYN
ADAMS, LISA LIBERI, PHILIP J. BERG. USCA Case Number
09-3403 (gn, ) (Entered: 08/21/2009)
08/25/2009 103 ORDER THAT THE REQUEST FOR A SECOND EXTENSION
OF TIME IN WHICH TO RESPOND TO THE COURT'S RULES
TO SHOW CAUSE IS DENIED.. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 8/25/2009. 8/25/2009 ENTERED
AND COPIES MAILED TO PRO SE AND E-MAILED.(tomg, )
(Entered: 08/25/2009)
08/25/2009 104 ORDER THAT THE PLAINTIFFS' REQUEST FOR LEAVE TO

FILE MOTIONS FOR THE ENTRY OF DEFAULT AND FOR
ENTRY OF DEFAULT JUDGMENT AGAINST THE SANKEY
FIRM, INC. A/K/A THE SANKEY FIRM IS DENIED
WITHOUT PREJUDICE.. SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 8/25/2009. 8/25/2009 ENTERED
AND COPIES MAILED TO PRO SE, UNREPS, E-
MAILED.(tomg, ) (Entered: 08/25/2009)
08/25/2009 105 ORDER THAT THE PLAINTIFFS' EMERGENCY MOTION
FOR AN INJUNCTION OR RESTRAINING ORDER PENDING
THE OUTCOME OF PLAINTIFFS' APPEAL (DOC. #102) IS
DENIED.. SIGNED BY HONORABLE EDUARDO C.
ROBRENO ON 8/25/2009.8/25/2009 ENTERED AND COPIES
MAILED TO PRO SE AND UNREPS, E-MAILED.(tomg, )
(Entered: 08/25/2009)
08/26/2009 106 RESPONSE TO ORDER TO SHOW CAUSE by GO EXCEL
OSTELLA. (Attachments: # 1 Exhibit "1", # 2 Exhibit "2", # 3
Exhibit "3" through "5", # 4 Exhibit "6" through "22", # 5 Exhibit
"23", # 6 Exhibit "24" through "26", # 7 Exhibit "27" Affidavit of
Evelyn Adams, # 8 Supplement Exhibit "27" Affidavit of Evelyn
Adams Exhibit "A" through "M", # 9 Supplement Exhibit "27"
Affidavit of Evelyn Adams Exhibits "N" through "S", # 10
Supplement Exhibit "27" Affidavit of Evelyn Adams Exhibits "T"
through "Z", # 11 Supplement Exhibit "27" Affidavit of Evelyn
Adams Exhibits "AA" through "MM")(BERG, PHILIP)
(Additional attachment(s) added on 8/27/2009: # 12 Exhibit "2")
(lisad, ). (Entered: 08/26/2009)
08/27/2009 107 AFFIDAVIT re 106 Response to Order to Show Cause,,, Exhibit
"27" Affidavit of Evelyn Adams, Exhibits "NN" through "UU" by
GO EXCEL GLOBAL, LISA LIBERI, PHILIP J. BERG, THE
LAW OFFICES OF PHILIP J. BERG, EVELYN ADAMS, LISA
M. OSTELLA. (Attachments: # 1 Exhibit "28" Affidavit of Lisa
Ostella in support of Response, Doc. 106, # 2 Supplement Exhibit
"28" Affidavit of Lisa Ostella Exhibits "A" through "F" in support
of Response, Doc. #106, # 3 Supplement Exhibit "28" Affidavit of
Lisa Ostella Exhibit "G" in support of Response Doc. #106, # 4
Exhibit ""29" through "39" in Support of Plaintiffs' Response,
Doc. #106, # 5 Exhibit "40" Affidavit of Shirley Waddell in
support of Plaintiffs' Response, Doc. #106, # 6 Exhibit "41" In
support of Plaintiffs' Response, Doc. #106, # 9 Exhibit "44"
through "54" In Support of Plaintiffs' Response, Doc. #106, # 10

Exhibit "55" In Support of Plaintiffs' Response, Doc.
#106)(BERG, PHILIP) (Entered: 08/27/2009)
08/31/2009 USCA Appeal Fees received $ 455 receipt number 008037 re 100
Notice of Appeal, filed by THE LAW OFFICES OF PHILIP J.
BERG, LISA M. OSTELLA, GO EXCEL GLOBAL, EVELYN
ADAMS, LISA LIBERI, PHILIP J. BERG (gn, ) (Entered:
08/31/2009)
09/24/2009 108 Reply in opposition to Philip J. Berg's 8/26/09 response to Judge
robreno's order(s) to show cause, filed by ORLY TAITZ,
09/29/2009 109 ORDER THAT REQUEST FOR LEAVE IS GRANTED. A
REPLY AND A REQUEST FOR JUDICIAL NOTICE SHALL
BE FILD BY 10/6/09. ( SIGNED BY HONORABLE EDUARDO
C. ROBRENO ON 9/29/09. ) 9/29/09 ENTERED AND COPIES
09/29/2009 110 Response Plaintiffs' Reply in Opposition to Defendants Orly Taitz,
et al and Defend our Freedoms Foundations, Inc. Response
(Reply) [Doc. #108] and the Hale Defendants Response to
Plaintiffs' Response [Doc. Nos. 106 and 107] in Opposition to this
Honorable Court's Rules to Show Cause [Doc. #80] Memorandum
of Law in support thereof; and Certificate of Service by GO
OSTELLA. (BERG, PHILIP) (lisad, ). (Entered: 09/29/2009)
09/29/2009 111 Request for Judicial Notice of Plaintiffs' Exhibits "1-55" entered
on the Docket as Document Nos. 106 and 107 ; Brief in Support
thereof and Certificate of Service by GO EXCEL GLOBAL, LISA
BERG, EVELYN ADAMS, LISA M. OSTELLA. (BERG,
09/30/2009 112 AFFIDAVIT re 110 Response,, 106 Response to Order to Show
Cause,,,, 107 Affidavit,,,,, of Larry Sinclair by GO EXCEL
OSTELLA. (Attachments: # 1 Exhibit "A" to Larry Sinclair's
Affidavit)(BERG, PHILIP) (Entered: 09/30/2009)
09/30/2009 113 CERTIFICATE OF SERVICE by GO EXCEL GLOBAL, LISA
BERG, EVELYN ADAMS, LISA M. OSTELLA re 112 Affidavit,
of Larry Sinclair (BERG, PHILIP) (Entered: 09/30/2009)
10/06/2009 114 Request for Judicial Notice of U.S. District Court, Central District
of CA, Southern Division, Judge David O. Carter's Order of Sept.
30, 2009 Memorandum of Law and Certificate of Service by GO
OSTELLA. (BERG, PHILIP) Modified on 10/7/2009 (lisad, ).
(Entered: 10/06/2009)
12/11/2009 115 ORDER THAT THE CLERK OF COURT MARK THIS
ACTION CLOSED FOR STATISTICAL PURPOSES AND
PLACE THE MATTER IN THE CIVIL SUSPENSE FILE
UNTIL FURTHER ORDER OF THE COURT.. SIGNED BY
HONORABLE EDUARDO C. ROBRENO ON 12/9/2009.
12/11/2009 ENTERED AND COPIES MAILED TO PRO SE
AND UNREPS, E-MAILED TO COUNSEL.(tomg, ) (Entered:
12/11/2009)
12/22/2009 Copy of Order dated 12/11/09 addressed to LINDA SUE
BELCHER returned as Unable to Forward. (dp, ) (Entered:
12/22/2009)
01/21/2010 116 ORDER, LETTER FROM PHILIP J. BERG DATED 1/20/10 RE:
CERTAIN FACTS. ( SIGNED BY HONORABLE EDUARDO C.
MAILED, E-MAILED.(gn, ) (Entered: 01/22/2010)
06/04/2010 117 MEMORANDUM. ( SIGNED BY HONORABLE EDUARDO C.
MAILED TO PRO SE, E-MAILED.(gn, ) (Entered: 06/04/2010)
06/04/2010 118 ORDER THAT DEFTS' MOTION SEEKS TOSEVER AND
TRANSFER THIS CASE FROM THE EASTERN DISTRIVT OF
PA, THE MOTION IS GRANTED. IT IS FURTHER ORDERED
THAT DEFTS' MOTION TO DISMISS (DOC #10) IS DENIED
AS MOOT. IT IS FURTHER ORDERED THAT THIS CASE
SHALL BE MARKED CLOSED. ( SIGNED BY HONORABLE
EDUARDO C. ROBRENO ON 6/3/10. ) 6/4/10 ENTERED AND
COPIES MAILED TO PRO SE, E-MAILED.(gn, ) Modified on
6/4/2010 (gn, ). (Entered: 06/04/2010)
06/04/2010 119 ORDER THAT THE ATTACHED CASE SHOULD BE
TRANSFERRED FROM THE CIVIL SUSPENSE FILE TO THE
ACTIVE DOCKET FOR FINAL DISPOSITION. ( SIGNED BY
ENTERED AND COPIES MAILED TO PRO SE, E-
06/13/2010 120 EMERGENCY MOTION for Reconsideration ; Amendment of
Judgment; or in the Alternative, Relief from Final Judgment filed

by EVELYN ADAMS, PHILIP J. BERG, DEFEND OUR
FREEDOMS FOUNDATIONS, INC., GO EXCEL GLOBAL,
LISA LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF
PHILIP J. BERG.Plaintiffs' Motion for Reconsiderat; Amendment
of Judgment; or in the Alternative, Relief from Final Judgment;
Memorandum; Proposed Order; and Certificate of Service.
(BERG, PHILIP) Modified on 6/14/2010 (nd). (Entered:
06/13/2010)
06/14/2010 121 RESPONSE TO MOTION FOR RECONSIDERATION OF THE
ORDER TO SEVER AND TRANSFER THIS CASE TO TEXAS
AND CALIFORNIA, FILED BY DEFTS' DEFEND OUR
FREEDOMS FOUNDATIONS, INC., ORLY TAITZ.( (
EXHIBITS IN HARD COPY ) (gn, ) (Additional attachment(s)
added on 6/24/2010: # 1 motion) (gn, ). Modified on 6/24/2010
06/18/2010 122 Emergency MOTION to Strike 121 MOTION for Reconsideration
re 118 Order (Memorandum and/or Opinion), Order
(Memorandum and/or Opinion) filed by EVELYN ADAMS,
PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA
M. OSTELLA, THE LAW OFFICES OF PHILIP J.
BERG.Plainiffs' Motion to Strike and/or Seal; for Sanctions;
Damages; Attorney Fees; Memorandum of Law; Certificate of
Service.(BERG, PHILIP) (Entered: 06/18/2010)
06/23/2010 123 MEMORANDUM. ( SIGNED BY HONORABLE EDUARDO C.
MAILED TO PRO SE, E-MAILED.(gn, ) Modified on 6/28/2010
(gn, ). (Entered: 06/24/2010)
06/23/2010 124 AMENDED ORDER THAT THE COURT ORDER, DATED
6/3/0, IS AMENDED AS FOLLOWS. ON 6/25/09, THE COURT
ISSUED A RULE TO SHOW CAUSE UPON PLFF AS TO
WHY THIS CASE SHOULD NOT BE (1) DISMISSED FOR
LACK OF FPERSONAL JURISDICTION. IT IS FURTHER
ORDERED THAT UPON CONSIDERATIONOF PLFFS'
RESPONSES TO THE RULE TO SHOW CAUSE, DEFTS'
REPLIES THERETO AND PLFF BERG'S MOTIONFOR
RECONSIDERATION, THE COURT WILL NOW SEVER THE
INSTANT CASE INTO TWO SEPARATE, INDEPENDENT
ACTIONS AND TRANSFER EACH ACTION TO THE
JURISDICTION OF THE FOLLOWING IDSTRIC COURTS.
ALL CALIMS PENDING AGAINST DEFTS LINDA SUE
BELCHER, EDGAR HALE, CAREN HALE, PLAINS RADIO
NETWORK, BAR H. FARMS, AND KPRN A.M. 1610 ARE
TRANSFERRED TO THE WESTERN DISTRICT COURT OF

TEXAS. ALL CLAIMS PNEDING AGAINST DEFTS ORLY
TAITZ, DEFEND OURFREEDOMS FOUNDATIONS, NEIL
SANKEY, THE SANKEY FIRM AND SANKEY
INVESTIGATIONS, INC. ARE TRANSFERRED TO THE
SOUTHERN DISTRICT OF THE CENTRAL DISTRICT OF
CALIFORNIA. ( SIGNED BY HONORABLE EDUARDO C.
06/23/2010 125 ORDER THAT PLFF BERG'S MOTION FOR LEAVE TO FILE
A MOTION FOR RECONSIDERATION (DOC #120) WILL BE
GRANTED. ( SIGNED BY HONORABLE EDUARDO C.
(gn, ). (Entered: 06/24/2010)
06/23/2010 126 ORDER THAT PLFF BERG'S MOTION FOR LEAVE TO FILE
A MOTION TO STRIKE DEFT TAITZ'S 6/14/10 FILING (DOC
#122) WILL BE DENIED AS MOOT. ( SIGNED BY
ENTERED AND COPIES MAILED TO PRO SE, E-
06/24/2010)
06/28/2010 127 RESPONSE to Emergency Motion (doc #122) request to treat
emergency motion as admission of Fraud & Perjury by plffs Liberi
& Berg motion to strike document 122 request for sanctions, fees,
& damages, filed by deft filed by ORLY TAITZ. (gn, ) (Entered:
06/28/2010)
07/02/2010 128 NOTICE OF APPEAL by DEFEND OUR FREEDOMS
FOUNDATIONS, INC., ORLY TAITZ, Copies to Judge, Clerk
USCA, Appeals Clerk and PROSE AND COUNSEL (kk, )
Modified on 7/7/2010 (rs, ). (Main Document 128 replaced on
7/7/2010) (kk, ). (Entered: 07/07/2010)
07/02/2010 129 Clerk's Notice to USCA re 128 Notice of Appeal : (kk, ) (Entered:
07/07/2010)
07/02/2010 130 Request to Unseal Transcripts for Appeal by DEFEND OUR
FREEDOMS FOUNDATIONS, INC., ORLY TAITZ.(See paper
Number 128) (kk, ) (Entered: 07/07/2010)
07/02/2010 131 MOTION to Stay Transfer Pending Appeal filed by DEFEND
OUR FREEDOMS FOUNDATIONS, INC., ORLY TAITZ.(See
Paper Number 128).(kk, ) (Entered: 07/07/2010)

Notice of Appeal filed by DEFEND OUR FREEDOMS
FOUNDATIONS, INC., ORLY TAITZ. USCA Case Number 10-
3000 (gn, ) (Entered: 07/09/2010)
07/09/2010 132 RESPONSE in Opposition re 131 MOTION to Stay ;
Memorandum; Proposed Order; and Certificate of Service filed by
EVELYN ADAMS, PHILIP J. BERG, GO EXCEL GLOBAL,
PHILIP J. BERG. (Attachments: # 1 Text of Proposed Order
Proposed Order)(BERG, PHILIP) (Entered: 07/09/2010)
FOUNDATIONS, INC., ORLY TAITZ. USCA Case Number 10-
3000 (gn, ) (Entered: 07/13/2010)
07/14/2010 133 ORDERED THAT DEFENDANT TAITZ'S MOTION TO
UNSEAL THE TRANSCRIPTS (DOC. NO. 128) IS DENIED.
THE HEARING TRANSCRIPTS ARE NOT SEALED. IT IS
FURTHER ORDERED THAT DEFENDANT TAITZ'S MOTION
TO STAY THE TRANSFER (DOC. NO. 128) IS DENIED.
SIGNED BY HONORABLE EDUARDO C. ROBRENO ON
7/13/2010.7/15/2010 ENTERED AND COPIES MAILED TO
PRO SE AND E-MAILED.(amas) (Entered: 07/15/2010)
07/26/2010 USCA Appeal Fees received $ 455 receipt number 026851 re 128
FOUNDATIONS, INC., ORLY TAITZ (gn, ) (Entered:
07/26/2010)
07/26/2010 134 Copy of TPO Form re 128 Notice of Appeal : (gn, ) (Entered:
07/26/2010)
07/26/2010 135 Emergency MOTION for Clarification or in the Alternative
Motion for Reconsideration filed by EVELYN ADAMS, PHILIP
J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M.
OSTELLA, THE LAW OFFICES OF PHILIP J.
BERG.Memorandum of Law; Proposed Order; and Certificate of
Service. (Attachments: # 1 Text of Proposed Order Proposed
Order)(BERG, PHILIP) (Entered: 07/26/2010)
07/29/2010 136 RESPONSE to the 7/26/10 Emergency MOTION by the plffs to
keep transcripts under seal and motion for clarification and
motion-reuqest for oer to show cause, why sanctions should not be
assessed against parties defrauding the courts, etc., filed by ORLY
TAITZ. (Attachments: # 1 Part 2)(gn, ) (Entered: 07/29/2010)
07/30/2010 137 REPLY to Response to Motion re 135 Emergency MOTION for

Clarification or in the Alternative Motion for Reconsideration
Memorandum; and Certificate of Service filed by EVELYN
ADAMS, PHILIP J. BERG, GO EXCEL GLOBAL, LISA
LIBERI, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP
J. BERG. (BERG, PHILIP) (Entered: 07/30/2010)
08/02/2010 138 MOTION FOR LEAVE OF COURT TO FILE SURREPLY,
FILED BY DEFT ORLY TAITZ.(gn, ) (Entered: 08/03/2010)
08/03/2010 Record Complete for Purposes of Appeal re 128 Notice of Appeal.
The Clerk's Office hereby certifies the record and the docket sheet
available through ECF to be the certified list in lieu of the record
and/or the certified copy of the docket entries. (afm, ) (Entered:
08/03/2010)
08/04/2010 139 ORDER THAT PLFFS' EMERGENCY MOTION FOR
RECONSIDRERATION (DOC #135) IS DENIED. IT IS
FURTHER ORDERED THAT DEFT TAITZ'S RESPONSE TO
THE EMERGENCY MOTION & MOTION-REQYEST FOR
ORDER TO SHOW CAUSE AS TO WHY SANCTIONS
SHOULD NOT BE ASSESSED (DOC #136) IS DENIED AS
MOOT. IT IS FURTHER ORDERED THAT PLFFS'
EMERGENCY REPLYNAND REQUEST FOR SANCTIONS
AND ATTORNEY FEES FOR DEFT TAITZ'S FRIVOLOUS
RESPONSE OR, IN THE ALTERNATIVE, MOTION FOR
RECONSIDERATION (DOC #137) IS DENIED AS MOOT. IT
IS FURTHER ORDERED THAT DEFT TAITZ'S MOTION FOR
LEAVE TO FILE A SUR-REPLY (DOC #138) IS DENIED AS
MOOT. ( SIGNED BY HONORABLE EDUARDO C.
MAILED AND TO PRO SE, E-MAILED.(gn, ) (Entered:
08/04/2010)
08/31/2010 140 TRANSCRIPT of held on 6/25/09, before Judge Eduardo C.l
Robreno. Court Reporter/Transcriber Joseph Matkowski.
Transcript may be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber before the deadline for
Release of Transcript Restriction. After that date it may be
obtained through PACER.. Redaction Request due 9/20/2010.
Redacted Transcript Deadline set for 9/28/2010. Release of
Transcript Restriction set for 11/26/2010. (gn, ) (Entered:
08/31/2010)
08/31/2010 141 TRANSCRIPT of held on 8/7/09, before Judge Eduardo C.
Robreno. Court Reporter/Transcriber Joseph Matkowski.
Transcript may be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber before the deadline for

Release of Transcript Restriction. After that date it may be
obtained through PACER.. Redaction Request due 9/20/2010.
Redacted Transcript Deadline set for 9/28/2010. Release of
Transcript Restriction set for 11/26/2010. (gn, ) (Entered:
08/31/2010)
08/31/2010 142 Notice of Filing of Official Transcript with Certificate of Service
re 140 Transcript - PDF, 141 Transcript - PDF, Entered and
Copies Emailed and Mailed to Pro Se. (gn, ) (Entered: 08/31/2010)
09/08/2010 143 MOTION - REQUEST FOR DOCUMENTS MISSING FROM
AN INCOMPLETE TRANSCRIPT OF 8/7/09 HEARING AND
NOT PROVIDED TO DEFTS AND THE THIRD CIRCUIT
COURT OF APPEALS AND 60B MOTION FOR
RECONSIDERATION DUE TO NEW EVIDENCE, FILED BY
DEFT ORLY TAITZ, EXHIBITS.(gn, ) (Additional attachment(s)
added on 9/10/2010: # 1 EXHIBITS) (gn, ). (Entered: 09/09/2010)
09/14/2010 144 RESPONSE in Opposition re 143 MOTION ; Certificate of
Service; and Proposed Order filed by EVELYN ADAMS, PHILIP
J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA M.
OSTELLA, THE LAW OFFICES OF PHILIP J. BERG.
(Attachments: # 1 Exhibit Exhibit "1" - Affidavit of K. Strebel, # 2
Affidavit of K. Strebel, Exhibits "A"-"G", # 3 Affidavit of K.
Strebel, Exhibit "H", # 4 Affidavit of K. Strebel, Exhibits "I"-"P",
# 5 Affidavit of K. Strebel, Exhibits "Q"-"T", # 6 Affidavit of K.
Strebel, Exhibits "U"-"Z", # 7 Exhibit Exhibit "2", Affidavit of
Evelyn Adams, # 8 Exhibit Exhibit "3", Affidavit of Shirley
Waddell, # 9 Exhibit Exhibit "4", Affidavit of Lisa Ostella, # 10
Proposed Order)(BERG, PHILIP) (Entered: 09/14/2010)
09/28/2010 145 REPLY to Opposition to motion, filed by deft ORLY TAITZ. (gn,
) Modified on 9/30/2010 (td, ). (Main Document 145 replaced on
9/30/2010) (td, ). (Entered: 09/30/2010)
10/07/2010 146 MOTION for Sanctions Memorandum for the Court to issue an
O.S.C. upon Defendant Taitz; Affidavits/Verification; Certificate
of Service and Proposed Order filed by EVELYN ADAMS,
PHILIP J. BERG, GO EXCEL GLOBAL, LISA LIBERI, LISA
M. OSTELLA, THE LAW OFFICES OF PHILIP J.
BERG.Memorandum of Law; Certificate of Service;
Affidvits/Verification; and Proposed Order. (Attachments: # 1
Exhibit "1" Affidavit of Philip J. Berg, Esq., # 2 Affidavit of Philip
J. Berg, Esq. Exbs "A" - "M", # 3 Affidavit of Philip J. Berg, Esq.
Exbs "N" - "X", # 4 Exhibit "2" Affidavit of Lisa Ostella, # 5
Exhibit "3" Affidavit of K. Strebel, # 6 Exhibit "4" Affidavit of
Shirley Waddell, # 7 Exhibit "5" Verification of Lisa Liberi, # 8

Exhibit "6" through "26", # 9 Proposed Order)(BERG, PHILIP)
(Entered: 10/07/2010)
10/21/2010 147 Response to Plff's 10/7/10 motion and simultaneous request for
this court to use its inherent powers sanction and request to
expedite production of Liberi's PA driver's license with
EXHIBITS by deft ORLY TAITZ Pro-Se & Attorney FOR
DEFEND OUR FREEDOMS FOUNDATION, Certificate of
service..(gn, ) Modified on 10/22/2010 (rs, ). (Main Document 147
replaced on 10/25/2010) (td, ). (Entered: 10/22/2010)
10/26/2010 148 REPLY to Response to Motion re 146 MOTION for Sanctions
Memorandum for the Court to issue an O.S.C. upon Defendant
Taitz; Affidavits/Verification; Certificate of Service and Proposed
Order ; Memorandum of Law; and Certificate of Service filed by
EVELYN ADAMS, PHILIP J. BERG, GO EXCEL GLOBAL,
PHILIP J. BERG. (BERG, PHILIP) (Entered: 10/26/2010)
10/28/2010 149 RESPONSE to plff's 10/7/10 motion and simultaneous request for
this court to use its inherent powers to sanction plff's attorney
Philip Berg for repeated acts of fraud on the court and perjury and
request to expedite production of Liberi's PA dirver's license, filed
by ORLY TAITZ, Exhibit 7 filed in hard copy, Certificate of
Service. (gn, ) (Main Document 149 replaced on 10/29/2010) (td,
). Modified on 10/29/2010 (td, ). (Entered: 10/28/2010)
10/29/2010 150 ORDER THAT ALL FUTURE MOTIONS AND PHONE CALLS
REQUESTING COURT ACTION BY THE PARTIES SHALL
BE DIRECTED TO THE THIRD CIRCUIT. IT IS FURTHER
ORDERED THAT DEFT'S MOTION FOR THE RELEASE OF
DOCUMENTS (DOC #143) AND DEFT'S REQUEST FOR
URGENT EX PARTE PHONE CONFERENCE (FAXED TO
THE COURT ON 10/29/10) ARE DENIED WITHOUT
PREJUDICE. ( SIGNED BY HONORABLE EDUARDO C.
MAILED, E-MAILED.(gn, ) (Entered: 10/29/2010)

LIBERI V TAITZ (APPEAL - 3rd Circuit) - Appellants' Opening Brief - Transport Room

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LIBERI V TAITZ (APPEAL - 3rd Circuit) - Appellants' Opening Brief - Transport Room

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Case: 10-3000 Document: 003110335655 Page: 1 Date Filed: 11/02/2010

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

LISA LIBERI, et al.,

ORLY TAITZ, et al.,

District Court No. 09_cv_01898_ECR

APPELLANT'S OPENING BRIEF

DR. ORLY TAITZ, ESQ.

Summary of the case……………………………………………………………p 4.

B. District Court showed bias in refusing to take into consideration any

evidence provided by the Defendants…………………………..p13

C. COURT SHOWED BIAS AND ABUSE OF JUDICIAL DISCRETION IN

DEFENDANT SUNDQUIST WITHOUT PREJUDICE ………………….p19

E. ACTIONS BY JUDGE ROBRENO WERE AGAINST THE PUBLIC

E. JUDGE ROBRENO ERRED, SHOWED BIAS AND ABUSE OF JUDICIAL

DISCRETION IN NOT DOCKETING LETTERS FROM THE DEFENDANT

BELCHER AND RULING AND NOT PROVIDING ANY ANSWERS TO

1.Weight v Kawasaki Motors Corp. (1985, ED Va) 604 F Supp 968…….p10

2. McMann v Doe (2006, DC Mass) 460 F Supp 2d …………………...p10

546, 126 BNA LRRM 2559, 107 CCH LC P 10159………………………p10

5.Olsen v Quality Continuum Hospice, Inc. (2004,DC NM) 380 F Supp 2d

Serv 2d 12B.22, Case 2…………………………………………………………p12

9, In re Kelly, 808 F.2d 549 (7th Cir. 1986)……………………………….….p23

F.2d 1421 (7th Cir. 1988)………………………………………………………p25

Jurisdiction is proper, as the case in question 09-1898 Liberi et al v Taitz et al

would be a final determination in the case.

SUMMARY OF THE APPEAL

least 42 criminal charges and at least 10 criminal convictions, which include

convictions of forgery of documents, forgery of an official seal and grand theft.

summary of above criminal convictions ). According to Berg's own affidavit filed

Our Freedoms foundation (DOFF). She is licensed as a Doctor of Dental Surgery

with different courts documents and briefs prepared by a convicted document

is currently on probation until March of 2011. She is under supervision of San

Bernardino, CA probation department and according to the terms of her probation

a report prepared by licensed investigator Neil Sankey, which showed lengthy

residing in PA and physically working in Berg's office. Berg never provided

Eduardo Robreno in this case, claiming to be a different woman. Aside from

transferred to TX and CA.

in assuming jurisdiction, as plaintiff Liberi never provided any evidence of her

PA citizenship. On 06.23.10 the court denied defendant's motion as moot. No

explanation was provided, why is it moot. On 07.02.10 Taitz filed a notice of

Third Circuit Court of Appeals denied Berg's motion.

plaintiffs did not provide a shred of evidence of Liberi's state residency.

06.04.10. order and memorandum, stating "Liberi is a resident of PA" is based

on vital records, including driver's license, allegedly submitted to Judge Robreno

outrageous accusation, where without a shred of evidence, they claimed that

made by the District court, is a decision to assume jurisdiction in diversity without

dismissed upon Motion to Dismiss due to lack of Jurisdiction, filed by the

Defendants on 05.28.09 (Docket Document 35 on the Clerk's record), Motion to

dismiss due to lack of jurisdiction filed on 06.09.2009 (Document 53), Second

Judgment on the Pleadings filed on 06.11. 2009 (Document 59).

A. The Court erred in assuming jurisdiction over the case in diversity,

provide evidence of their state citizenship. State citizenship is determined based

on the preponderance of evidence. In case at hand Plaintiff Lisa Liberi never

provided any evidence of her state citizenship.

In cases in which jurisdiction is based on diversity of citizenship, plaintiff

second, that assertion of jurisdiction is consonant with constitutional

Party's mere allegation of diversity cannot satisfy its burden of

establishing district court's jurisdiction; citizenship of each real party in

interest must be established by preponderance of evidence. Roche v

Lincoln Prop. Co. (2004, CA4 Va) 373 F3d 610.

Complaint alleging that defendant's corporate citizenship was in a state other

California was not sufficient to give District Court jurisdiction since