LIBERI, et al v TAITZ, et al - ECF FILER: Request for Judicial Notice of Larry Sinclair's Affidavit and Exhibit A to Larry Sinclair's Affidavit - Transport Room

8/14/2019 LIBERI, et al v TAITZ, et al - ECF FILER: Request for Judicial Notice of Larry Sinclair's Affidavit and Exhibit A to Larry

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U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR

Court of Appeals No. 09-3403

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT__________________________

LISA LIBERI, et al,

Plaintiffs Appellants,

v.

ORLY TAITZ, et al,

Respondents Appellees.

_________________________

APPELLANTS REQUEST FOR JUDICIAL NOTICE_____________________

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Please Take Notice that Appellants, Lisa Liberi [hereinafter Liberi]; Philip J. Berg,

Esquire [hereinafter Berg], the Law Offices of Philip J. Berg; Evelyn Adams a/k/a Momma E

[hereinafter Adams]; Lisa Ostella [hereinafter Ostella]; and Go Excel Global by and through

their undersigned counsel, Philip J. Berg, Esquire, hereby submits this Request for Judicial

Notice of the Affidavit of Larry Sinclair filed in the United States District Court, Eastern District

of Pennsylvania, Case No. 09-cv-01898 ECR, Appellants (Plaintiffs) Case herein.

Appellants request this Court to take Judicial Notice, pursuant to Federal Rules of

Larry Sinclairs Affidavit is imperative to the Appellants case herein as it shows further

libel and slander by Appellee Orly Taitz and the fact Orly Taitz has also filed falsified, altered

Evidence 201, of the Affidavit of Larry Sinclair attached hereto as EXHIBIT 1.

Case: 09-3403 Document: 00319882502 Page: 1 Date Filed: 10/31/2009


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and forged documents as genuine in Appellants (Plaintiffs) case herein. Moreover, Appellants

have pointed out documents which Appellee Orly Taitz, Appellee Neil Sankey and Appellee

Linda Sue Belcher have created; manipulated; and forged documents bearing Appellants Liberi

and Ostellas names, while filing them with the Court as genuine, which further substantiates the

necessity of a Temporary Restraining Order and/or Injunction. Additionally, amongst other

things, Appellee Orly Taitz filed false police reports against Liberi and Ostella with several law

enforcement agencies; and Ms. Taitz requested Lisa Ostella to lie to the Federal Bureau of

Investigations to substantiate Ms. Taitz false police reports regarding hacking, which never

occurred. When Ms. Ostella denied Ms. Taitz request, Ms. Taitz began slandering, libeling and

threatening Ms. Ostella, her children and family. Again, this necessitates the need for an

emergency temporary restraining order and/or injunction. These are further criminal activities

against the Appellants and the Court.

A judicially noticed fact must be one not subject to reasonable dispute in that it is either

(1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate

and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Fed. R. Evid. 201(b); Easy Sportswear, Inc. v. Am. Econ. Ins. Co., 2008 U.S. Dist. LEXIS

51402 (D. Pa. 2008);Nationwide Life Ins. Co. v. Commonwealth Land Title Ins. Com., 2005 U.S.

Dist. LEXIS 24479 (E.D. Pa. 2005); In re NAHC, Inc. Sec Litig, 306 F.3d 1315 (3d Cir. 2002)

[a] court shall take judicial notice if requested by a party and supplied with the necessary

information. Fed. R. Evid. 201(d), Easy Sportswear, Inc., 2008 U.S. Dist. LEXIS 514002 (D.

Pa 2008) at *2.

It is firmly established that Requests for Judicial Notice are proper only to the extent

that the noticed facts are relevant to an issue that is before the Court. The attached Affidavit of



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Larry Sinclair is on file with the United States District Court, Eastern District of Pennsylvania,

Case No. 09-cv-01898 ECR, which Appellants are requesting Judicial Notice of, are of the type

that have previously been admitted by Judicial Notice in the Third Circuit. This includes

documents integral to or explicitly relied upon in the Plaintiffs Complaint and the reasons

Plaintiffs were forced to bring suit against the Appellees. The Affidavit of Larry Sinclair,

which Appellants are requesting Judicial Notice of, are directly related to this within action and

are relevant to the issues herein. In re Ravisent Techs., Inc. Sec. Litig., 2004 U.S. Dist. LEXIS

132355 (D. Pa. 2004)

For the above aforementioned reasons, Appellants respectfully request this Court to take

Judicial Notice of the Affidavit of Larry Sinclair filed with the lower Court in Appellants

(Plaintiffs) Case,

Respectfully submitted,

Dated: October 31, 2009 ____________________________Philip J. Berg, Esquire

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531(610) 825-3134

Attorney for the Appellants



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EXHIBIT 1



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Law Offices of :PHILIP J. BERG, ESQUIRE555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531Identification No. 09867(610)825-3134

Attorney for: Plaintiffs

UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA

LISA LIBERI, et al,Plaintiffs,

vs .

ORLY TAITZ, et al,Defendants.

Assigned to HonorableEduardo C.Robreno

Case No.: 09-cv-01898-ECR

AFFIDAVIT OF LAWRENCE W. SINCLAIRI, Lawrence W. Sinclair am over the age of eighteen (18) and not a party to the within

action. I have personal knowledge of the facts herein and if called to do so, I could and wouldcompetently testify under oath.

I declare as follows:

1. I received an email from Dr. Orly Taitz a Defendant in the within action, askingm e to testify on her behalf in a discovery hearing set for September 8, 2009 in the matter ofCaptain Pamela Bennett, et al. v. Barack H. Obama, et al, U.S. District Court, CentralDistrict of California, Southern Division, Case No. SACV 09-0082 DOC (ANx).

Affidavit of Lawrence W . Sinclair



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2. I agreed to testify on behalf of the Plaintiffs' in Dr. Taitz California case,however, made it very clear that I would only testify to my statements and my Affidavitprovided to the Chicago Police Department concerning contacts between myself and DonaldYoung. I was assured by Dr. Taitz that she was only seeking my testimony pertaining toconversations I had with Donald Young.

3. I arrived in California on September 7, 2009 and met with Dr. Taitz at her dentaloffice located at 29839 Santa Margarita Parkway, Suite 100, Rancho Santa Margarita,California. Also present was a woman introduced to me as Cynthia Davis and a young maleintroduced to me as Lucas Smith.

4. Dr. Taitz left to go and pick up another individual and stated upon her return wewould go to her Law Office and discuss my testimony. Upon Dr. Taitz return, we walkedfrom Suite 100 to Dr. Taitz Law Offices in Suite 300 at the same address. Suite 300 wasidentified as "The Law Offices of Orly Taitz". We sat at a black lacquer table wherein Dr.Taitz began discussing with me what testimony she wanted me to give in her case.

5. Unfortunately, Dr. Taitz wanted me to give perjured testimony over events whichwere not true and events I was not familiar with.

6. After this meeting, Dr. Taitz was driving me to the DoubleTree Hotel where I wasstaying while in California. During the car ride, Dr. Taitz brought up Lisa Liberi. Dr. Taitzstated to me "/ have transcripts from a police officer on a phone call between Lisa Liberiand he r husband from jail saying that Lisa was going to put the word o ut that he r sisterwas a rate (you know what they do to rats in jail) to have other inmates assault he r sister"Dr. Taitz continued stating "You know Lisa Liberi had her sister killed and had it look like

Affidavit of Lawrence W . Sinclair



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a suicide" "Everyone knows Lisa Llberl was behind th e murder of her sister, even th epolice but they just couldn ' t pro ve it ."

I. Unfortunately, Dr. Taitz did not stop with the above statements to me about LisaLiberi. Dr. Taitz went on further stating "My car had a hose that was tampered with thatcould have caused an explosion and I know Lisa Llberl was the one who had a friend o fhers do I t . "

8. As a result of Dr. Taitz soliciting false and perjured testimony from me I refusedto testify on behalf of Dr. Taitz and I changed my return flight to leave on September 9,2009.

9. Prior to Dr. Taitz statements about Lisa Liberi, I was aware that Lisa Liberi had asister who passed away from a self-inflicted accidental drug over-dose.

10. Once I returned home, I prepared an affidavit regarding Dr. Taitz request that Itestify untruthfully and I sent my affidavit to Judge Carter with the U.S. District Court,Central District of California, Southern Division for filing in Dr. Taitz Case, see EXHIBIT"A" attached hereto.

II. I emailed Lisa Liberi an d informed her of the statements Dr. Taitz had madeabout her. I also inform ed Mrs. Liberi about Dr. Taitz soliciting perju red testimony from mein her (Dr. Taitz) California Case against President Obama and the fact that Dr. Taitzadmitted knowing the Kenyan Birth Certificates she filed in Court in her California case, asgenuine, claiming P resident Obama was born in Kenya, were fake an d fraudulent.

Affidavit of LawrenceW. Sinclair



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I declare under the penalty of Perjury of the laws of the United States that the foregoingis true and correct. Execu ted this /f>*clay of September, 2009.

LAWRENCE W. SINCL AIR, Declarant9 Spring DrivePort Orange, Florida 32129(386) 761-0606

State of FloridaCounty of Volusia

On this


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U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR

Court of Appeals No. 09-3403

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

__________________________

LISA LIBERI, et al,

Plaintiffs Appellants,

v.

ORLY TAITZ, et al,

Respondents Appellees.

__________________________

CERTIFICATE OF SERVICE_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellants Request for Judicial Notice was

served upon Appellees, this 31st

day of October 2009 electronically and/or by first class mail

upon the following:

Orly TaitzDefend our Freedoms Foundation, Inc. (unrepresented)

26302 La Paz Ste 211

Mission Viejo, CA 92691Email: [email protected]

Neil SankeyThe Sankey Firm, Inc. a/k/a The Sankey Firm (unrepresented)

Sankey Investigations, Inc.

2470 Stearns Street #162

Simi Valley, CA 93063Email: [email protected]



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CERTIFICATE OF SERVICE, Continued

Linda Sue Belcher

201 ParisCastroville, Texas 78009

Email: [email protected] and

Email: [email protected]

Ed Hale

Caren Hale

Plains RadioKPRN

Bar H Farms

1401 Bowie Street

Wellington, Texas 79095Email: [email protected];[email protected];

ed@barhfarnet; and [email protected]

________________________PHILIP J. BERG, ESQUIRE



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EXHIBIT A



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LIBERI, et al v TAITZ, et al - ECF FILER: Request for Judicial Notice of Larry Sinclair's Affidavit and Exhibit A to Larry Sinclair's Affidavit - Transport Room