Liberi v Taitz - Appellees Emergency Motion for a Temporary Restraining Order
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8/8/2019 Liberi v Taitz - Appellees Emergency Motion for a Temporary Restraining Order
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Case No. 10-3000
_______________________________________________________
UNITED STATES COURT OF APPEALSFOR THE THIRD CIRCUIT
_______________________________________________________
LISA LIBERI, et al,
Plaintiffs Appellees,
v.
ORLY TAITZ, et al,
Respondents Appellants.
______________________________________________________
On Appeal from the U.S. District Court, Eastern District of Pennsylvania,
Case No. 09-cv-01898 ECRJudge Eduardo C. Robreno
____________________________________________________
APPELLEES EMERGENCY EX PARTE MOTION FOR A
TEMPORARY RESTRAINING ORDER
Philip J. Berg, Esquire
Pennsylvania I.D. 9867
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Ph: (610) 825-3134Fx: (610) 834-7659Email: philjberg@gmail.com
Attorney for Appellees
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TABLE OF CONTENTS
Pages
TABLE OF CONTENTS....i-iii
TABLE OF AUTHORITIES....iv-vi
STATEMENT OF FACTS...1-11
ARGUMENT......11-20
I. APPELLEES MEET THE BURDEN FOR THE ISSUANCE
OF AN EMERGENCY TEMPORARY RESTRAININGORDER (TRO)11-20
A. Likelihood of Success on the Merits of Appellees
Motion/Writ...13-17
C. Harm to Opposing Parties and Risk to the Public Interest18-19
WHEREFORE19-20
CERTIFICATE OF COMPLIANCE...21
CERTIFICATE OF SERVICE...22-23
Exhibit A October 29, 2010 Order of Judge Robreno
Exhibit B Copies of Fraudulent website, http://lisaliberi.com
Exhibit C November 10, 2010 Email from convictedfelon@lisaliberi.com
to Appellee Lisa Liberi at llisaliberi@aol.com
Exhibit D Verification of Lisa Liberi
MOTION FOR A TEMPORARY RESTRAINING ORDER (TRO)1
Restraining Order is Not Granted..17-18
B. Irreparable Harm to the Appellees if the Temporary
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TABLE OF CONTENTS - Continued
Exhibit "E" Affidavit of Shirley Waddell
Exhibit "F" November 15, 2010 Email to domainregistry.com
from Appellee Lisa Liberi
Exhibit "G" November 15, 2010 complaint filed by Appellee Lisa
Liberi to domainregistry.com regarding lisaliberi.com
Exhibit "H" November 16, 2010 Email from domainregistry.com
to Appellee Lisa Liberi stating the domain nameLisaliberi.com was enabled with privacy protection
Exhibit "I" November 23, 2010 Email from privacyprotect.org
to Appellee Lisa Liberi informing her the privacyhad been removed from the domain name lisaliberi.com
Exhibit "J" Domain Registry for lisaliberi.com 11/9/2010 through
11/20/2010 showing the domain is registered private
Exhibit "K" Domain Registry for lisaliberi.com 11/21/2010 through
11/21/2010 showing the domain registered toLisa Liberi
Exhibit "L" Domain Registry for lisaliberi.com 11/23/2010 showing
the domain registered to lisaliberi.com in Santa Fe, NY
Exhibit "M" Domain Registry for lisaliberi.com 11/23/2010 tocurrent showing the domain registered to Geoff
Staples in Dallas, Texas
Exhibit "N" Affidavit of Lisa Ostella
Exhibit "O" November 23, 2010 Letter to Judge Robreno fromthe Appellees regarding fraudulent website, http://lisaliberi.com
and the issuance of aa TRO
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TABLE OF CONTENTS - Continued
Exhibit "P" November 22, 2010 Email sent to Dean Picl fromconvictedfelon@lisaliberi.com
Exhibit "Q" November 22, 2010 Email sent to PCW from
convictedfelon@lisaliberi.com
Exhibit "R" Affidavit of Dean R. Picl
Exhibit "S" December 3, 2010 Post on http://lisaliberi.comEntitled "Philadelphia Lisa is trying to steal my identity"
Exhibit "T" December 3, 2010 Post on http://lisaliberi.com
regarding the subpoena
Exhibit "U" December 3, 2010 Post on http://lisaliberi.comRegarding the 11/23/2010 letter to Judge Robreno
Exhibit "V" December 3, 2010 Post on http://lisaliberi.com
Entitled "Why oh why?"
Exhibit "W" December 3, 2010 Post on http://lisaliberi.com
Entitled "My future"
Exhibit "X" December 4, 2010 Post on http://lisaliberi.com
Entitled "Fraudulent Subpoena & More - Philadelphia
Lisa is trying to steal my identity"
Exhibit "Y" Website http://lisaliberi.com Who-is information
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TABLE OF AUTHORITIES
CASES: Page(s)
AT&T v. Winback & Conserve Program, Inc., 42 F.3d 1421 (3d Cir. 1994).12
Bisbee v. John C. Conover Agency, Inc., 186 N.J. Super.
Brockum Company v. Blaylock, 729 F. Supp. 438 (E.D. Pa. 1990)..18
Burger v. Blair Med. Assocs., Inc., 600 Pa. 194, 964 A.2d 374, 376-77
Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976).....16
F.T. Int'l, Ltd. v. Mason, 2000 U.S. Dist. LEXIS 14979
(E.D. Pa. Oct. 11, 2000)..19
Frank's GMC Truck Center, Inc. v. General Motors Corp.,847 F.2d 100, 102-03 (3d Cir. 1988).....17, 18
Harris v. Easton Publishing Co., 335 Pa. Super. 141,
483 A.2d 1377 (Pa. Super. Ct. 1984)...15
In re Arthur Treacher's Franchisee Litig., 689 F.2d 1137 (3d Cir. 1982)..12
Johnson & Johnson Orthopedics, Inc. v. Minnesota Mining & Mfg. Co.,
Adams v. Freedom Forge Corp., 204 F.3d 475 (3d Cir. 2000).........12, 19
Acierno v. New Castle Cty, 40 F.3d 645 (3d Cir. 1994)..12
335, 452 A.2d 689, 691-92 (N.J. App. Div. 1982)13, 14
715 F. Supp. 110, 112 n.1 (D. Del. 1989).12, 13
Doran v. Salem Inn, Inc, 422 U.S. 922 (1975).........11, 12
(Pa. 2009)14
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TABLE OF AUTHORITIES - Continued
CASES: Page(s)
McNemar v. Disney Store, 91 F.3d 610 (3d Cir. Pa. 1996).13
Pittsburgh League of Young Voters Educ. Fund v. Port Auth.,
2009 U.S. Dist. LEXIS 65885 (W.D. Pa. July 30, 2009)16
Prison Health Servs., Inc. v. Umar, Civil Action No. 02-2642,2002 U.S. Dist. LEXIS 12267 (E.D. Pa. May 8, 2002)...12
Rosker v. Goldberg, 448 U.S. 1306 (1980).13
Swartzwelder v. McNeilly, 297 F.3d 228 (3d Cir. 2002).12
The Republic of the Philippines v. Westinghouse Electric Corporation,43 F. 3d 65 (3d Cir. 1995).....16, 17
United States ex rel. Rahman v. Oncology Assocs.,
198 F.3d 489 (4th Cir. 1999)..19
Vogel v. W.T. Grant Co., 458 Pa. 124, 327 A.2d 133 (Pa. 1974).....15, 18
FEDERAL RULES OF CIVIL PROCEDURE
Page(s)
Rule 6512
Marks v. Bell Tel. Co., 460 Pa. 73, 331 A.2d 424 (Pa. 1975)..15
Kline v. Sec. Guards, Inc., 386 F.3d 246 (3d Cir. Pa. 2004)....15
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TABLE OF AUTHORITIES - Continued
MISCELLANEOUS
Page(s)
Restatement (Second) of Torts 652 (1977)......14, 15, 18
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1. Appellees respectfully move this Honorable Court for an Emergency
ExParte Temporary Restraining Order [hereinafter "TRO"] directed at Appellants,
Orly Taitz, Linda Belcher [hereinafter "Appellants"]; their witness, Geoff Staples
[hereinafter "Staples"] and anyone on their behalf, enjoining them from any further
cyber-stalking, harassment, intimidation and retaliation, using Appellee Lisa
Liberi's [hereinafter at times "Liberi"] name fraudulently and illegally; and illegal
activities directed at Appellee Lisa Liberi or any of the Appellees.
2. Appellees respectfully move this Honorable Court for an Emergency Order
for the removal and deletion of a website fraudulently set-up in Appellee Lisa
Liberi's name, http://lisaliberi.com; the deletion and removal of all Email addresses
fraudulently set-up, including but not limited to convictedfelon@lisaliberi.com;
perjurylesson@lisaliberi.com; and any other Email address illegally using the
name of Appellee Lisa Liberi and for an Order that Appellee Liberi's picture be
removed from the Internet, which was placed on the Internet by the Appellants and
Staples. In support thereof, Appellees set forth the following:
STATEMENT OF FACTS
3. Plaintiffs (Appellees) filed the within lawsuit on May 4, 2009 due to the
continued illegal and damaging conduct of the Defendants. Defendants
(Appellants) illegal and damaging behaviors include but are not limited to cyber-
stalking, harassment, illegal background checks, spreading false information
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regarding the Appellees, inciting violence, invasion of privacy, right to privacy,
false law enforcement reports, threats and other damaging, dangerous illegal
activities.
4. Despite the filing of the within lawsuit, the Appellants have continued their
illegal damaging behaviors. In fact, Appellant Taitz has even tracked down people
in Liberi's life, ex boyfriends, etc. going back twenty-five [25] years and posting
Liberi's family photo, which Appellant Taitz obtained by illegal means, with a
purported home address of Liberi calling her (Liberi) a "blood red herring" (this
was also sent out by mass Emailing to places including white supremacy and
militia groups). It is important to note, Appellant Taitz has put out every bit of
private information of Appellee Liberi, including but not limited to full Social
Security number, date of birth, residency, mother's maiden name, place of birth,
spouse's Social Security number, date of birth, and other confidential data all over
the Internet and by mass Emailing numerous times, including internationally, all of
which are documented in filings in the Lower Court's Docket.
5. On July 2, 2010, Appellant Taitz filed a Notice of Appeal and appealed the
Court's June 25, 2009 Order Dismissing Defendants James Sundquist and Rock
Salt Publishing and the Court's Orders of July 3, 2010 and July 22, 2010 Severing
and Transferring the Case to the Defendants (Appellants) state of residency,
California and Texas.
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6. September 8, 2010, Appellant Taitz began filing Motions with the Lower
Court over the issues she had Appealed. See Docket Entry No.'s 143 and 145. In
fact, on September 28, 2010, Appellant Taitz filed a Reply to Opposition, Docket
No. 145 which contained a statement by her witness Geoff Staples along with
forged and altered documents. Appellant Taitz newest claim was to obtain
Liberi's Drivers License, with no other purpose than to post it all over the Internet,
send it by mass Emailing and to verify Liberi's residency to carry out her threats
against Liberi.
7. On October 7, 2010, Appellees filed a Motion with the lower Court for the
issuance of an Order to Show Cause Why Appellant Taitz Should not be
Sanctioned for her continued filing of Motions pertaining to the issues under
appeal; for her false statements and recitations of the underlying case; and for the
filing of altered and forged documents in Appellee Lisa Liberi's name. With
Appellees Motion, they included the evidence and proof of the forged and altered
documents. See the lower Court's Docket Entry 146. See also Appellees
Supplemental Appendice III-A, Exhibit "M", pp. M-1 through M-322.
8. Unbeknownst to the Appellees, Appellants were faxing Judge Robreno and
demanding Ex Parte phone conferences. Judge Robreno issued a Court Order on
October 29, 2010 directing all future Motions to be filed with the Third Circuit
Court of Appeals as the case was under Appeal. See EXHIBIT "A".
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9. On November 2, 2010, Appellants filed their Appellants Brief with this
Court. Appellants Brief contained the altered and forged documents in Appellants
Appendices. See Appellants Electronic Appendix filed November 2, 2010, Exhibit
7; and Appellants Corrected Electronic Appendice, Volume 2, Exhibit "7", pp.
197-205 filed November 12, 2010.
10. On November 7, 2010, Appellees filed their Appellees Brief and
Supplemental Appendices and pointed out that Appellants filed forged and altered
documents supplied by Staples.
11. Out of retaliation for filing their Appellee Brief and pointing out the
forgeries by Staples, a horrid disgusting website, http://lisaliberi.com, was set-up
fraudulently in Appellee Liberi's name on November 9, 2010, two (2) days after
Appellees filed their Brief, by Appellants and Staples. Appellants and Staples also
registered the website, http://lisaliberi.com in the name of Liberi as outlined below.
Said website includes sexual innuendoes, false statements, and is purported to be
set-up by Liberi. In addition, this website shows Appellee Lisa Liberi's name to be
copyrighted. See EXHIBIT "B".
12. On November 10, 2010, Liberi received an Email from
convictedfelon@lisaliberi.com stating, "Love your new website". See EXHIBIT
"C"; the Verification of Lisa Liberi attached as EXHIBIT "D"; and the Affidavit
of Shirley Waddell attached as EXHIBIT "E".
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13. On November 15, 2010, Liberi began Emailing
domain.manager@domainregistry.com requesting information on who set-up the
horrid website. See EXHIBITS "D" and "F". In addition, Liberi filled out the
domain registry's online abuse form1 and the online abuse report with
privacyprotect.org. See EXHIBITS "D" and "G".
14. On November 15, 2010, Liberi received a response from
domainregistry.com stating that the domain name was privately registered. See
EXHIBITS "D" and "H".
15. After several other communications between Liberi and
privacyprotection.org, privacyprotection.org responded on August 23, 2010 stating
the registration of domain name "lisaliberi.com" was in violation of their
companies Agreement of Use Policy "AUP" and they were removing the
privacy. See EXHIBITS "D" and "I".
16. November 9, 2010 through November 20, 2010, the domain name
lisaliberi.com was registered privately. See EXHIBIT "J". November 21, 2010
through November 22, 2010, the domain lisaliberi.com was registered in the name
of Appellee Lisa Liberi with a Nairobi address and an Email address of
convictedfelon@lisaliberi.com. See EXHIBIT "K". On November 23, 2010, the
1https://support.publicdomainregistry.com/support/servlet/TicketDetailServlet?ticketid=507499&key=1015480006&type=open.
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domain name lisaliberi.com was registered in the name of Convicted Felon,
Company name: lisaliberi.com, 123 Secret Avenue, Santa Fe, New York 87501
with an Email address of convictedfelon@lisaliberi.com. See EXHIBIT "L".
The domain name's registration was again changed on November 23, 2010 to
Geoff Staples name. November 23, 2010 through today's current date, the domain
lisaliberi.com is registered to lisaliberi.com, Geoff Staples, 4014 Fairmount St.,
Suite 106, Dallas, Texas 75219 with an email address
convictedfelon@lisaliberi.com. See EXHIBIT "M". See also the Affidavit of Lisa
Ostella attached as EXHIBIT "N". See also EXHIBIT "D".
17. On November 23, 2010, the undersigned sent a letter by facsimile to Judge
Robreno regarding Appellants and Staples, who forged the documents filed as
genuine on September 28, 2010, had set-up a fraudulent website in Appellee
Liberi's name. See EXHIBIT "O". Appellees were seeking an Ex Parte
Emergency TRO. The Appellants were served with the letter to Judge Robreno.
The letter to Judge Robreno was not public record nor was it ever filed on PACER,
which would give the general public access. Judge Robreno never responded to
Appellees letter.
18. On or about November 24, 2010, Liberi was informed that Emails from
convictedfelon@lisaliberi.com were sent to individuals located in Liberi's old AOL
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account address book and the Emails appeared to be sent from Liberi2. In fact, two
(2) individuals forwarded the Emails they received from
convictedfelon@lisaliberi.com, which they believed came from Liberi, to Appellee
Liberi. See EXHIBITS "P" and "Q". See also the Affidavit of Dean R. Picl
attached as EXHIBIT "R". Liberi is unsure as to how many fraudulent Emails
were actually sent purporting to be coming from Lisa Liberi. See EXHIBIT "D".
19. On December 3, 2010, Appellants and Staples updated the fraudulent
website http://lisaliberi.com with a headline, "Philadelphia Lisa is trying to steal
my identity"3. In this post, Appellants and Staples twist the facts surrounding the
letter faxed to Judge Robreno. Appellants and Staples were claiming that the
information regarding the domain name lisaliberi.com was obtained by subpoena
and not by the way indicated in the letter to Judge Robreno. Appellants and
Staples put a copy of the Subpoena on the website. See EXHIBIT "S"4. This is
inaccurate, a Subpoena was never legally served upon Public Domain Registry and
the privacy was removed due to the fact the domain violated the Company's AUP.
2 Liberi's AOL account was shut down by some unknown person calling AOL pretendingto be Liberi in or about 2009 after a forged email was filed in the lower Court by
Appellant Linda Belcher, and evidence and proof of the forgery was filed with the lowerCourt.
3http://lisaliberi.com/crime-pays-very-well-thank-you/philadelphia-lisa-is-trying-to-steal-
my-identity/
4 http://lisaliberi.com/wp-content/uploads/2010/12/public-domain-registry-.pdf
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See EXHIBIT "T". See also EXHIBITS "D" and "I". Appellants and Staples
also claim the Subpoena is fraudulent because at the top of the Subpoena it states
District of Oregon. As this Court is aware, if the Subpoena being served upon a
company is located outside a hundred [100] miles of the Court, then one must
obtain and/or issue the Subpoena from a Court within the 100-mile radius of the
company. In addition, had they read the document properly, at the top right it
states, " If the action is pending in another district, state where:" and it states
Eastern District of PA. See EXHIBIT "T". In addition, the Appellants and
Staples uploaded the letter in which the Appellants were served with5. See
EXHIBIT "U". Again, the letter to Judge Robreno was not public record and
came from the Appellants. This was obviously in retaliation for Appellees faxing a
letter to Judge Robreno for assistance. Also, two (2) more harassing posts were
added by Appellants and Staples on this fraudulent website, "Why oh why?". See
EXHIBIT "V" and "My future"6, EXHIBIT "W".
5
http://lisaliberi.com/wp-content/uploads/2010/12/Liberi_ltr_to_Robreno_Defcopies_D11_23_2010.pdf
6 http://lisaliberi.com/my-fans/my-future/; http://lisaliberi.com/me-me-all-about-me/why-oh-why/
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20. On December 4, 2010, Appellants and Staples changed their post on
http://lisaliberi.com to read, "Fraudulent Subpoenas & More - Philadelphia Lisa
is try to steal my identity"7. See EXHIBIT "X".
21. All of the posts located on this fraudulent website http://lisaliberi.com are
completely a smear campaign, degrading, horrid and disgusting against Appellee
Liberi and were done to retaliate and harass Appellee Liberi for asserting her rights
to redress. See EXHIBITS "D" and EXHIBIT "E".
22. All of the above has been reported to the appropriate law enforcement
divisions, who have advised Liberi to obtain a Restraining Order immediately.
23. The fraudulent website, http://lisaliberi.com and Email addresses were set-
up in Dallas, Texas and are hosted by theplanet.com who was purchased and/or
merged with Softlayer Technologies, LLC located in Dallas. See EXHIBIT "Y".
The undersigned has been attempting to have this website and Email addresses and
any and all references to said website and Email addresses removed, but needs a
Court Order.
24. The actions of the Appellants and Staples are Class three (3) felonies and
amongst other laws, violated the Texas Penal Code Section 33.07 (Online
Harassment); Section 36.06 (Obstruction or Retaliation); See also 18 Pa. Cons.
7
http://lisaliberi.com/crime-pays-very-well-thank-you/philadelphia-lisa-is-trying-to-steal-my-identity/
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Stat. 4953 (Retaliation against witness, victim or party in a civil matter) 18 Pa.
Cons. Stat. 4120 (Identity theft); and 18 U.S.C. 1513(e) and 18 U.S.C.
1513(f) (Retaliating against a witness, victim, or an informant for reporting crimes
to law enforcement), which carries a maximum ten (10) year sentence in prison,
including those who conspired with the perpetrator. See also 18 Pa. Cons. Stat.
4952 (Intimidation of victim or witnesses when reporting crimes).
25. There is absolutely no way to assess damages to Appellee Liberi as a result
of the Appellants and Staples illegal actions, as a Million [$1,000,000] Dollars
would not compensate her. This fraudulent website has been Emailed out to an
unknown amount of individuals, it has been tweeted repeatedly as private tweets,
and updated several times. Moreover, this website is set to go out on
approximately fourteen (14) RSS feeds throughout the Internet. However, the
longer this fraudulent website and Email addresses are allowed to continue the
more damages Liberi will sustain. Moreover, since the Appellants have
fraudulently put out a family photo of Appellee Liberi along with a purported
address, in addition to this fraudulent website with sexual innuendoes, increases
the chances that Appellee Liberi and/or her family will be physically raped,
harmed, injured and/or killed. See the Verification of Lisa Liberi attached as
EXHIBIT "D" and the Affidavit of Shirley Waddell attached as EXHIBIT "E"
26. The following must be issued immediately:
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a. A TRO must issue to stop the Appellants, Staples and others on
their behalf from any further retaliation, harassment, intimidation,
cyber-stalking, illegally using Liberi's name and other damaging
and dangerous actions.
b. Additionally, an Order must be issued by this Court for the removal of
this horrid, disgusting fraudulent website in the name of Appellee
Liberi' removal of all references to this website posted at different
locations; and the removal of Appellee Liberi's picture obtained by
Taitz illegally.
c. And, a Court Order must issue to shut down all the Email addresses
fraudulently set-up using Appellee Lisa Liberi's name, including but
not limited to convictedfelon@lisaliberi.com and
perjurylesson@lisaliberi.com.
27. In the alternative, Appellees request this Court to treat this Motion as a Writ
of Mandamus mandating the Lower Court to act upon Appellees Motion.
ARGUMENT
I. APPELLEES MEET the BURDEN for the ISSUANCE of an
EMERGENCY [TRO] TEMPORARY RESTRAINING ORDER
28. The traditional standard for granting a TRO requires the Petitioner to show
that in the absence of its issuance she will suffer irreparable injury and also that she
is likely to prevail on the merits. It is recognized, however, that a court must
weigh carefully the interests on both sides,Doran v. Salem Inn, Inc., 422 U.S. 922,
925 (U.S. 1975),Adams v. Freedom Forge Corp., 204 F.3d 475, 482 (3d Cir. Pa.
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2000);AT&T v. Winback & Conserve Program, Inc., 42 F.3d 1421, 1427 (3d Cir.
1994);Acierno v. New Castle Cty., 40 F.3d 645, 653 (3d Cir. 1994); In re Arthur
Treacher's Franchisee Litig., 689 F.2d 1137, 1143 (3d Cir. 1982). If relevant, the
Court should also examine the likelihood of irreparable harm to the nonmoving
party and whether the TRO serves the public interest. See AT&T v. Winback, 42
F.3d at 1427. Appellees are clearly entitled to a TRO, pursuant to Fed. R. Civ. P.
65, to halt the harassing, intimidating, dangerous and damaging behaviors of the
Appellants, Staples and others on their behalf against Appellee Liberi and the other
Appellees.
29. Specifically, this Court must grant Appellees TRO because: (1) there is
reasonable probability that Appellees will succeed on the merits; (2) the Appellees
will suffer irreparable harm in the absence of relief; (3) there will be little or no
harm to the Appellants and Staples if relief is granted; and (4) the public interest
demands a grant of relief. See, e.g. Swartzwelder v. McNeilly, 297 F.3d 228, 234
(3rd Cir. 2002);Prison Health Servs., Inc. v. Umar, Civil Action No. 02-2642, 2002
U.S. Dist. LEXIS 12267 (E.D. Pa. May 8, 2002).
30. The U.S. Court of Appeals for the Third Circuit requires only a reasonable
likelihood of success. See Johnson & Johnson Orthopedics, Inc. v. Minnesota
Mining & Mfg. Co., 715 F. Supp. 110, 112 n.1 (D. Del. 1989). Appellees easily
meet each of the requirements for a TRO.
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31. This Court has jurisdiction and the inherent power to issue a TRO enjoining
the Appellants; Staples; and anyone on their behalf from any further harassment,
intimidation, illegal use of Appellee Liberi's name, illegal use of Appellee Liberi's
picture, cyber-stalking and retaliation against Appellee Liberi and the other
Appellees. This Court also has the inherent power to issue a Court Order for the
removal of the fraudulent website, http://lisaliberi.com and all fraudulent Email
address containing Appellee Lisa Liberi's name, including but not limited to
convictedfelon@lisaliberi.com, perjurylesson@lisaliberi.com and to Order the
removal of any reference to the fraudulent website, Email addresses, and picture of
Liberi obtained by illegal means on the Internet. See Rosker v. Goldberg, 448 U.S.
1306, 1308 (1980).
A. Likelihood of Success on the Merits of Appellees Motion/Writ
32. Of the four (4) considerations, the likelihood of success is arguably the most
important. Here Appellees have a great probability of succeeding on the Merits.
In fact, there is nothing to dispute, the website and Emails speak for themselves,
and the registration of the website and domain name in Staples name and
assistance by the Appellants is clearly proven by the attached exhibits. See
McNemarv. Disney Store, 91 F.3d 610, 616 (3d Cir. Pa. 1996) citing Bisbee v.
John C. Conover Agency, Inc., 186 N.J. Super. 335, 452 A.2d 689, 691-92 (N.J.
App. Div. 1982) (adopting 3 Restatement (Second) of Torts 652D). The fact
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Appellants and Staples registered the fraudulent website in Appellee Liberi's name,
shows they have stolen Appellee Lisa Liberi's identity, not to mention the invasion
of privacy.
33. Pennsylvania law recognizes four torts under the umbrella of invasion of
privacy: [1] unreasonable intrusion upon the seclusion of another; [2]
appropriation of another's name or likeness; [3] unreasonable publicity given to
another's private life; and [4] publicity that unreasonably places the other in a false
light before the public." See Burger v. Blair Med. Assocs., Inc., 600 Pa. 194, 964
A.2d 374, 376-77 (Pa. 2009) (citing RESTATEMENT (SECOND) OF TORTS
652B-E [*9] (1977)). All of which apply herein, however, the one most
important is the fact Appellants and Staples committed identity theft and
appropriation of Appellee Liberi's name and likeness.
34. Appellants and Staples invaded Appellee Liberi's privacy by appropriation
of her name or likeness without authorization. Invasion of privacy by
appropriation of name or likeness does not require the appropriation to be done
commercially. See Restatement (Second) of Torts 652C cmt. b. (1977). The
invasion of privacy by appropriation of one's name or likeness is a personal right
created to protect one's privacy. There is no question the Appellants and Staples
used a purported image of Liberi and used Liberi's name for their benefit, even
though the benefit sought and obtained was not a pecuniary one, and without
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authorization to do so. See Restatement (Second) of Torts 652C cmt. b. (1977).
The interest protected by the rule . . . is the interest of the individual in the
exclusive use of his own identity[T]he right created by it is in the nature of a
property right. See Restatement (Second) of Torts 652C cmt. b. (1977).
35. All of which is be highly offensive to a reasonable person. See Kline v. Sec.
Guards, Inc., 386 F.3d 246, 258 (3d Cir. Pa. 2004) citing Harris v. Easton
Publishing Co., 335 Pa. Super. 141, 483 A.2d 1377, 1383 (Pa. Super. Ct. 1984)
(citing Marks v. Bell Tel. Co., 460 Pa. 73, 331 A.2d 424 (Pa. 1975); Vogel v. W.T.
Grant Co., 458 Pa. 124, 327 A.2d 133, 136 (Pa. 1974)). Thus, the likelihood of
success weighs heavily in favor of the Appellees. The Appellants and Staples
illegal behaviors have been substantial and would be highly offensive to the
ordinary reasonable person. In addition, the Appellants and Staples invasions
have caused the Appellees actual damages, mental suffering, shame and
humiliation, as it would cause to any person of ordinary sensibilities.
36. In fact, Appellee Liberi recently spent five (5) days in the hospital for
complications with her heart due to the harassment and stress induced by the
Appellants and Geoff Staples.
37. Without the issuance of a TRO, Appellees will be deprived of their due
process rights and equal protection of the laws in seeking redress for the damages
they have suffered as a result of the Appellants and Geoff Staples wrong doings.
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Deprivation of Constitutional rights is reason for the grant of an Emergency
Temporary Restraining Order. See Pittsburgh League of Young Voters Educ. Fund
v. Port Auth., 2009 U.S. Dist. LEXIS 65885 (W.D. Pa. July 30, 2009); Elrod v.
Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976).
38. In The Republic of the Philippines v. Westinghouse Electric Corporation, 43
F. 3d 65 (3d Cir. 1995) the District Court issued an Injunction against theRepublic
to stop their harassment and retaliation of witnesses. The Court found that the
Republic's actions "threaten [ ] both the integrity of a United States District Court
and the foundations of our system of justice" and concluded that it must take
action.
39. The Third Circuit Court of Appeals agreed with the District Court's
observation that such behavior had "a doubly subversive effect. First, witnesses,
who should have been able to rely upon both the implicit and explicit assurances of
the District Court that they could testify fully and freely without fear of any
retaliatory actions, had been betrayed." Moreover, this Court believed the
evidence supported the District Court's conclusion that the Republic "pursued a
campaign designed to smear Padre, Orlina, and Fernandezfor the Republic's
failure to achieve victory in the district court." Because theRepublic was a foreign
sovereign nation and the injunction implicated international comity and interjected
into the Republic's law enforcement, this Court vacated the Injunction and
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remanded the case for imposing sanctions as the actions and behaviors of the
Republic were not to be tolerated.
40. The Appellants and Staples are doing the same thing as outlined in the
Republic's case and therefore, constitute the issuance of a TRO to stop the
retaliation and harassment. Additionally, unlike the Republic's Case, this Court
and the District Court have the jurisdiction and power to issue a TRO to enjoin the
Appellants, Staples and anyone on their behalf from any further harassment and/or
retaliation.
B. Irreparable Harm to the Appellees if the Temporary Restraining
Order is NOT Granted
41. The irreparable harm requirement is met if a Petitioner demonstrates a
significant risk that he or she will experience harm that cannot adequately be
compensated after the fact by monetary damages. See Frank's GMC Truck Center,
Inc. v. General Motors Corp., 847 F.2d 100, 102-03 (3d Cir. 1988).
42. There is absolutely no question Appellee Liberi has suffered irreparable
harm and she will continue to suffer damages that cannot be adequately
compensated if the fraudulent website, fraudulent Email addresses, and other
illegal behaviors of the Appellants and Staples are allowed to continue. In fact,
there is a very high probability that Appellee Liberi and her family could be
physically harmed and/or killed.
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43. In this circuit, a prima facie showing of appropriation of Appellee Lisa
Liberi's name or likeness creates a rebuttable presumption of irreparable harm.
Irreparable harm arises from the "inherent difficulty of proving damages caused by
confusion" and "the impairment of intangible values such as the strength of a
person's name and identity, reputation and good will." See Vogel v. W.T. Grant
Co., 327 A.2d 133, 136 (Pa. 1974) (adopting 652 of the Restatement (Second) of
Torts, Tentative Draft, and thereby recognizing that "appropriation of another's
name or likeness" is one of four causes of action for invasion of privacy);Brockum
Company v. Blaylock, 729 F. Supp. 438 at 446 (E.D. Pa. 1990) (concluding that
plaintiffs suffered irreparable harm because defendants violated their right of
publicity).
44. Petitioners will continue to suffer irreparable injury that the Court cannot
fully compensate. Therefore, a TRO is imperative. See Brockum Company v.
Blaylock, 729 F. Supp. 438 (E.D. Pa. 1990) andFrank's GMC Truck Center, Inc. v.
General Motors Corp., 847 F.2d 100, 102-03 (3d Cir. 1988).
C. Harm to Opposing Parties and Risk to the Public Interest
45. Granting Appellees Motion for a TRO enjoining the Appellants; Staples; and
anyone on their behalf from any further retaliation, harassment, intimidation, and
using Appellee Liberi's name fraudulently will not result in any harm to the
Appellants or Staples.
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46. Consideration of the relative harm to the Respondent and the public interest
also weighs heavily in favor of Appellees. See Adams v. Freedom Forge Corp.,
204 F.3d 475 (3d Cir. Pa. 2000). First, the irreparable harm Appellees would
suffer in the absence of a TRO substantially outweighs the harm to the Appellants
and Geoff Staples. Issuing a TRO against the Appellants and Staples will not
adversely affect the public interest. To the contrary, the prevention of cyber-
stalking, retaliation, harassment, intimidation, invasion of privacy, fraudulently and
illegally using another's name (Identity Theft), and appropriation of ones name and
likeness weighs in favor of protecting the general publics interest. Even events
affecting only private citizens, is in the general public interest." F.T. Int'l, Ltd. v.
Mason, 2000 U.S. Dist. LEXIS 14979 (E.D. Pa. Oct. 11, 2000), at *2. See also
United States ex rel. Rahman v. Oncology Assocs., 198 F.3d 489, 496-97 (4th Cir.
1999).
WHEREFORE, for the reasons stated herein and for good cause shown,
Appellees respectfully request this Honorable Court to grant their Motion and:
A. Issue an Emergency Temporary Restraining Order [TRO] against
Appellants Orly Taitz, Linda Sue Belcher; their witness, Geoff Staples and anyone
acting on their behalf enjoining the parties from cyber-stalking, retaliation,
harassment, intimidation and fraudulently using Appellee Lisa Liberi's name, and
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to enjoin any and all illegal activities directed at Appellee Lisa Liberi or any of the
Appellees;
B. Issue an immediate Order upon the Appellants Orly Taitz, Linda
Belcher, Geoff Staples and Softlayer Technologies, LLC (the hosting company of
the website and Email addresses) for the immediate removal and deletion of
http://lisaliberi.com; the deletion and removal of all Email addresses including but
not limited to convictedfelon@lisaliberi.com; perjurylesson@lisaliberi.com; and
any other Email address illegally using the name of Appellee Lisa Liberi; and
C. An Order directing Appellants Orly Taitz and Linda Belcher; Geoff
Staples; and every website/blog carrying Appellants and Staples postings to
remove the picture of Lisa Liberi, which the parties illegally obtained.
D. An Order that Appellants and Staples are to reimburse Appellees Fifty
Thousand [$50,000.00] Dollars for the time spent regarding the fraudulent website,
Emails and this Motion.
. Respectfully submitted,
Dated: December 6, 2010 _____________________________Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531Identification No. 09867Ph: (610) 825-3134Email: philjberg@gmail.com
Attorney for the Appellees
s/ Philip J. Berg
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CERTIFICATE OF COMPLIANCE
I hereby certify that this Motion complies with the page limit requirement of
rule 27(d)(2), in that it contains twenty [20] pages. I certify that the Motion is
typed in Times New Roman, 14-point font in compliance with Federal Rules of
Appellate Procedures 32(a)(5) and 32(a)(6).
I hereby certify that that a virus detection program, Symantec Norton Anti-
Virus Security 2009, has been run and no virus was detected.
_________________________Philip J. Berg, Esquire
s/ Philip J. Berg
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U.S. District Court,Eastern District of Pennsylvania Case Number: 09-cv-01898 ECRCourt of Appeals No. Case Number: 10-3000
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT__________________________
LISA LIBERI, et al,
Plaintiffs Appellees,
v.
ORLY TAITZ, et al,
Respondents Appellants.
__________________________
CERTIFICATE OF SERVICE_____________________
I, Philip J. Berg, Esquire, hereby certify that Appellees Motion for an
Emergency ExParte Temporary Restraining Order was served this 6th day of
December, 2010 electronically through the ECF system upon the following
Appellants:
Orly TaitzDefend our Freedoms Foundation, Inc. (unrepresented)
26302 La Paz Ste 211Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com
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CERTIFICATE OF SERVICE, Continued
Neil SankeyThe Sankey Firm, Inc. a/k/a The Sankey Firm (unrepresented)
Sankey Investigations, Inc.
2470 Stearns Street #162Simi Valley, CA 93063
Email: nsankey@thesankeyfirm.com
Linda Sue Belcher201 Paris
Castroville, Texas 78009Email: Newwomensparty@aol.com and
Email: starrbuzz@sbcglobal.net
Ed HaleCaren Hale
Plains RadioKPRN
Bar H Farms1401 Bowie Street
Wellington, Texas 79095Email: plains.radio@yahoo.com; barhfarms@gmail.com;
ed@barhfarnet; and ed@plainsradio.com
Geoff Staples3443 Turtle Creek Blvd., Apt. 205
Dallas, Texas 75219Email: budgethost@hostricity.com
________________________PHILIP J. BERG, ESQUIREAttorney for the Appellees
s/ Philip J. Berg
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