Case: 10-3000 Document: 003110244113 Page: 1 Date Filed: 08/06/2010

U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 10-3000

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT
_____________ Ο _____________

LISA LIBERI, et al,

Plaintiffs’ - Appellees’,
v.
ORLY TAITZ, et al and DEFEND our FREEDOMS FOUNDATIONS, INC.,
Defendants - Appellants.
____________ Ο _____________

APPELLEES, LISA LIBERI, LISA OSTELLA, PHILIP J. BERG,

ESQUIRE, EVELYN ADAMS, GO EXCEL GLOBAL, and
LAW OFFICES OF PHILIP J. BERG
REPLY TO
APPELLANTS ORLY TAITZ, DEFEND OUR FREEDOMS and
LINDA BELCHER’S RESPONSE TO APPELLEES MOTION TO
DISMISS APPEAL FOR LACK OF JURISDICTION; and for
SANCTIONS and ATTORNEY FEES AGAINST APPELLANTS
for the FRIVOLOUS FILING of the APPEAL
_____________________

Philip J. Berg, Esquire

555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Attorney for the Appellees’

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 Case: 10-3000 Document: 003110244113 Page: 2 Date Filed: 08/06/2010

On July 27, 2010, Appellees’, Lisa Liberi; Philip J. Berg, Esquire; the Law

Offices of Philip J. Berg; Evelyn Adams a/k/a Momma E; Lisa Ostella; and Go

Excel Global [hereinafter “Appellees”] filed a Motion to Dismiss this Appeal due

to the Court’s Lack of Jurisdiction, See 28 U.S.C. §1291; for Sanctions and

Attorney Fees for Appellants, Orly Taitz and Defend our Freedoms Foundations,

Inc. Frivolous Appeal.

On August 6, 2010, Appellants, Orly Taitz, Defend our Freedoms

Foundations, Inc. and Linda Belcher [hereinafter “Appellants”] filed their

Response in Opposition.

Appellees incorporate by reference their Motion to Dismiss; and for

Sanctions and Attorney Fees for the Appellants Frivolous Appeal as if fully set-

forth herein.

Appellant Orly Taitz, Esquire did not serve the undersigned counsel and

therefore, the undersigned does not have copies of the Affidavits of Edgar Hale

and Caren Hale as they were not scanned into the Pacer System.

Appellants’ Response in Opposition is inapposite to the issues before this

Court; contain documents and statements which have nothing to do with the

Appeal itself and/or Appellees Motion to Dismiss; and for Sanctions and Attorney

Fees.

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The issue is Appellees Motion to Dismiss this appeal for Lack of

Jurisdiction and for Sanctions and Attorney Fees for the Frivolous Appeal.

Appellants claim the Motion to Dismiss is premature; to the contrary, a Motion to

Dismiss based on Lack of Jurisdiction can be brought at any time.

Moreover, Appellants make the false statement on page twenty [20], “V.

Appellees submitted improper “evidence”…” wherein Appellants allege that

Appellees Motion to Dismiss on “Page 15, 16, 17” contains a post stating Linda

Belcher is a “Piece of Shit”. Appellees Motion to Dismiss pages 15-17 are

Appellants legal arguments as to Why Sanctions and Attorney Fees are

Warranted.

Appellants’ Response is replete with hearsay statements and documents and

is dependent upon filings that were prepared and/or filed after the issuance of the

Orders in Question and Arguments which were never presented to the lower Court

in addressing the issues creating the Orders Appellants are now attempting to

appeal.

As this Court is aware, you cannot raise issues for the first time on appeal,

nor can you file documents which were generated after the Orders being appealed

were issued. See Southwestern Pennsylvania Growth alliance v. Browner, 121 F.3d

106 (3d Cir.1997), (Third Circuit Judge Samuel Alito held that issues raised for the

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first time on appeal are waived, except in “extraordinary circumstances.”) There

are no extraordinary circumstances here.

Appellees also note in Appellants’ Response, in one sentence they state that

the Order Dismissing Defendants James Sundquist and Rocksalt Publishing are not

Final Orders, but then in the next section state that all of the Orders they are

attempting to appeal are “de facto” Final Orders. Not only do Appellants

contradict themselves all through this enormous filing, but they are incorrect in

their legal assessment.

The Orders Appellants’ are attempting to appeal are improper due to the fact

the Orders of June 25, 2009; September 29, 2009; and January 21, 2010 are time

barred, See Federal Rules of Appellate Procedures, Rules 3 and 4. The time limits

in appeals are jurisdictional. Thus, if an appeal is not timely filed, the Appellate

Court is without jurisdiction, just like the appeal herein. See Bowles v. Russell, 551

U.S. 205 (2007).

The Orders of June 3, 2010 and June 22, 2010 Appellants are attempting to

Appeal, as outlined in Appellees Motion to Dismiss and for Sanctions and

Attorney Fees, are not Appealable Final Orders under either the text of 28 U.S.C.

§1291 or the Collateral Order Doctrine. See In re Diet Drugs Prods. Liab. Litig.,

401 F.3d 143; 2005 U.S. App. LEXIS 4012; 61 Fed. R. Serv. 3d (Callaghan) 79

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(3rd Cir. 2005); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 93 L.

Ed. 1528, 69 S. Ct. 1221 (1949).

The Interlocutory Orders Appellants are attempting to appeal do not meet

the required elements of the Collateral Order Doctrine, as outlined in Appellees

Motion to Dismiss and for Sanctions and Attorney Fees, See Carr v. Am. Red

Cross, 17 F.3d 671, 675 (3d Cir. 1994) (citing Coopers & Lybrand v. Livesay, 437

U.S. 463, 468 (1978)). The Third Circuit Court of Appeals has construed the

Collateral Order Doctrine narrowly, and in so doing stated, ‘“lest the exception

swallow up the salutary general rule’ that only final orders may be appealed.”

Yakowicz v. Pennsylvania, 683 F.2d 778, 783 n.10 (3d Cir. 1982) (quoting Rodgers

v. U.S. Steel Corp., 541 F.2d 365, 369 (3d Cir.1976)).

The Third Circuit Court of Appeals has held, “In general, an order

transferring a case is not a final order and, hence, not appealable.” In re United

States, 2001 U.S. App. LEXIS 25231 (3d Cir 2001) (quoting Nascone v. Spudnuts,

Inc., 735 F.2d 763, 764 (3d Cir. 1984).

Therefore, this Court is without jurisdiction to entertain Appellants Appeal,

and Appellants Appeal must be Dismissed. Sanctions and Attorney Fees for this

Frivolous Appeal which was filed for improper purposes are warranted and must

be granted, See Walsh v. Schering-Plough Corp., 758 F.2d 889 (3d Cir. 1985):

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Federal Rules of Civil Procedure, Rule 11; and Federal Rule of Appellate

Procedure 46(c).

Respectfully submitted,

Dated: August 6, 2010 s/ Philip J. Berg

____________________________
Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Attorney for the Appellees’

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U.S. District Court,

Eastern District of Pennsylvania Case Number: 09-cv-01898 ECR
Court of Appeals No. Case Number: 10-3000

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT
_____________ Ο _____________

LISA LIBERI, et al,

Plaintiffs’ – Appellants’,
v.
ORLY TAITZ, et al,
Defendants’ – Appellees’.
_____________ Ο _____________

CERTIFICATE OF SERVICE
_____________________

I, Philip J. Berg, Esquire, hereby certify that Appellees, Lisa Liberi, Lisa

Ostella, Philip J. Berg, Esquire, Evelyn Adams, Go Excel Global, and The Law

Offices of Philip J. Berg Reply to Appellants Response to Appellees Motion to

Dismiss Appellants Appeal; and for Sanctions and Attorney Fees was served upon

the parties, this 6th day of August 2010 electronically upon the following:

Orly Taitz
Defend our Freedoms Foundation, Inc. (unrepresented)
26302 La Paz Ste 211
Mission Viejo, CA 92691
Email: dr_taitz@yahoo.com

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CERTIFICATE OF SERVICE, Continued

Neil Sankey
Sankey Investigations, Inc.
Post Office Box 8298 Mission Hills, CA 91346
By USPS with Postage fully prepaid

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

2470 Stearns Street #162 Simi Valley, CA 93063
By USPS with Postage fully prepaid

Linda Sue Belcher

201 Paris
Castroville, Texas 78009
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
Email: plains.radio@yahoo.com; barhfarms@gmail.com;
ed@barhfarnet; and ed@plainsradio.com

s/ Philip J. Berg
________________________
PHILIP J. BERG, ESQUIRE