LIBERI v TAITZ - 114 - 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

8/14/2019 LIBERI v TAITZ - 114 - 10/06/2009 114 [Request] for Judicial Notice of U.S. District Court, Central District of CA, So

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Z:\Liberi, et al, Taitz, et al, Plaintiffs Request for Judicial Notice1

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 COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LISA LIBERI, et al,

Plaintiffs,

vs.

ORLY TAITZ, et al,

Defendants.

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Case No.: 09-cv-01898-ECR

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS RESPONSE TO

THIS HONORABLE COURTS RULES TO SHOW CAUSE [DOC. #106 and 107] and

PLAINTIFFS REPLY TO DEFENDANTS RESPONSE TO THIS HONORABLE

COURTS RULES TO SHOW CAUSE [DOC. #110]

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Please Take Notice that Plaintiffs, 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 in Support of their Response to this Honorable Courts Rules to Show Cause, [Docket

No. 106 and 107] as to why this Case should not be dismissed for lack of personal jurisdiction

over the Defendants; as to why the Case should not be severed; and as to why the Case should

not be transferred to California or Texas.


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

Evidence 201, of the following document which is a Court Order issued by Judge David O.

Carter, Judge in the United States District Court for the Central District of California, Southern

Division filed in Pacer, the Federal Docketing System, on September 30, 2009 in the Case of

Barnett, et al v. Obama, et al, Case No. 8:09-cv-00082 as Document number seventy-seven [77].

Judge Carters Order is directing attorney Orly Taitz [Defendant in this case] to remove Dossier

#6, which contains Plaintiff Lisa Liberis Social Security number, date of birth and other

personal identifying information filed in the ECF filing system by Ms. Taitz on September 21,

2009 by October 2, 2009.

In this case, Defendant, Orly Taitz, et al filing of Dossier #6 was addressed in this Court

on June 25, 2009 and Judge Robreno warned Defendant Taitz not to republish Liberis Social

Security number. Despite this, Defendant Taitz has continued republication of Liberis Social

Security number, date of birth, mothers maiden name, place of birth, and other personal private

identifying information.

Judge Carters Order is attached hereto as EXHIBIT A and Plaintiffs hereby request

this Honorable Court to take Judicial Notice of Judge Carters Order.

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


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information. Fed. R. Evid. 201(d) (emphasis added) 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. Judge Carters Order that

Plaintiffs are requesting Judicial Notice is of the type that Judicial Notice has been taken of by

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 Defendants. In

addition, the attached document, EXHIBIT A that Plaintiffs are requesting Judicial Notice of

is a Court Order issued by a United States District Court Federal Judge directly related to this

action and is relevant to the issues herein. See In re Ravisent Techs., Inc. Sec. Litig., 2004 U.S.

Dist. LEXIS 132355 (D. Pa. 2004)

For the above aforementioned reasons, Plaintiffs respectfully request this Honorable

Court to take Judicial Notice of Judge David O. Carters Order dated September 30, 2009

attached hereto as EXHIBIT A.

Respectfully submitted,

Philip J. Berg, Esquire

555 Andorra Glen Court, Suite 12

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

Attorney for the Plaintiffs

Dated: October 6, 2009 ____________________________


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EXHIBIT A


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Case 8:09-cv-00082-DOC-AN Document 77 Filed 09/30/2009 Page 1 of 5


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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 COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LISA LIBERI, et al,

Plaintiffs,

vs.

ORLY TAITZ, et al,

Defendants.

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Case No.: 09-cv-01898-ECR

CERTIFICATE OF SERVICE

I, Philip J. Berg, Esquire, hereby certify that a copy of Plaintiffs Request for Judicial

day of October 2009 electronically upon the following:

Orly Taitz

Defend our Freedoms Foundation, Inc. (unrepresented)

26302 La Paz Ste 211Mission Viejo, CA 92691

Email: [email protected]

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

Sankey Investigations, Inc.2470 Stearns Street #162Simi Valley, CA 93063


Notice was served this 6th


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Z:\Liberi et al Taitz et al Plaintiffs Request for Judicial Notice6

Linda Sue Belcher

201 Paris

Castroville, Texas 78009Email: [email protected] and


Ed Hale

Caren Hale

Plains RadioKPRN

Bar H Farms

1401 Bowie StreetWellington, Texas 79095

Email: [email protected];[email protected];

ed@barhfarnet; and [email protected]

________________________PHILIP J. BERG, ESQUIRE

Documents

LIBERI v TAITZ - 114 - 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