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Philip J. Berg, Esquire Pennsylvania I.D. 9867 LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 E-mail: philjberg@gmail.com
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION LISA LIBERI, et al : : : Plaintiffs, : : : : : : : : : : Defendants. : : :
CIVIL ACTION NUMBER: 8:11-cv-00485-AG (AJW) DECLARATION OF LISA OSTELLA Date of Hearing: October 17, 2011 Time of Hearing: 10:00 a.m. Location: Courtroom 10D
Declaration of Lisa Ostella I, Lisa Ostella am over the age of 18 and am a party to the within action. I have personal knowledge of the facts herein, and if called to do, I could and would competently testify. I am making this Declaration under the penalty of perjury of the Laws of the United States pursuant to 28 U.S.C. 1746. 1. I incorporate the history of this case to date from my previous
declarations, which clearly shows I am not part of any venomous clique, and our First Amended Complaint herein to prevent repeating of events.
Declaration of Lisa Ostella
See my
1
Case 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 2 of 10 Page ID #:9467
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declaration filed September 24, 2011, docket number 390-5. 2. As per a Quo Warranto that was filed by Orly Taitz (herein referred to
as Taitz) in Washington DC, we, Lisa Liberi (herein referred to as Liberi) and myself, learned that Taitz had been using services of the Reed defendants as well as Intelius to have backgrounds run on us and to obtain our primary identifying information, see the Orange County Sheriffs Department report filed by Taitz, filed in the Courts Docket May 20, 2009, Exhibit 16, Docket No. (DN) 190-4. Taitz has also admitted this in her Court filings. 3. Liberi had a Lexis account through her school with services by the
Reed defendants. On February 19, 2010, I asked Liberi to run my report to see what type of information the Reed defendants had on me. The report I received from Lexis contained incorrect information and showed my Social Security number being used by multiple people, see EXHIBIT 1. I ran myself through my married and maiden names as well as my husband and children. At that time, there were no results returning on my children. Now, however, I have reports from online data services provided by Lexis on my children. 4. Since Taitz filed her Quo Warranto that stated her background
information she receives on people comes from LexisNexis, ChoicePoint and Intelius, she has been more vocal and more frequent with these statements. She leverages the credibility of these services as credibility to the false information she
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provides to her media. Sankey has done print and radio interviews testifying that he received his information from defendants LexisNexis, ChoicePoint, Inc. and Intelius. 5. As per the guidance of counsel, I ordered reports from three credit
reporting agencies, Experian, TransUnion and Equifax. I wrote to Intelius and the Reed Defendents requesting copies of all data requested on me and data they maintained. I reported to these entities, through a letter from my attorney, Philip J. Berg, incorrect data they had on me. I have credit inquiries on my Equifax and Experian credit reports showing ChoicePoint accessed my credit on two occasions and LexisNexis accessed my credit on one occasion, with no permissible purpose and without my knowledge, permission or authorization. 6. As per my letters to the Reed defendants, I did not receive my full
reports or requested information. Nor, did I receive any type of confirmation that they had reinvestigated the incorrect information they maintained on me or corrected it. 7. Jelani Headley of Lexiss Risk Solutions verified the names of the
Reed Elsevier business aggregates I sent my Consumer Report Requests to and also verified the data queries I should have received from these entities. To date, I only received partial data. 8. As per Taitz, Sankey as well as an email exchange I provided to this
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court, Taitz had Sankey run these reports through Intelius, LexisNexis, ChoicePoint, Inc. and Accurint. My Social Security number was posted within this timeframe on the Internet. The Reed Defendants have an incorrect year of my birth. Intelius also has the incorrect year for my birth as they obtained my
information from the Reed Defendants. After Taitz published all my private data, I began receiving contact from a woman, claiming to be Jane, posing as my biological mother. What was odd was Jane was using the incorrect year of my birth, as my actual birth year. The same incorrect year of birth as listed on my Reed Defendants reports and with Intelius. Both of these identifiers, my Social
Security number and year of birth are specific and could only have been obtained from the Reed and Intelius defendants. 9. KnowX is a subscription database owned by Choicepoint, Inc. The
attached screen shot shows in the left navigational menu bar accesses offered by Knowx to Experian, a credit reporting agency that showed two queries in my credit report from Choicepoint, Inc. EXHIBIT 2. 10. My name, maiden name, places I lived, phone numbers, husband's
information were posted, mailed, emailed and vocalized by Taitz, including internationally, after she claims to have had this information run. 11. Ecommerce sites I had never heard of started debiting monies from
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12.
Once Taitz made it known who the entities were that provided our
data to her, we discovered that her husband, Yosef Taitz and his company, Daylight Chemical Information Systems, Inc. (Daylight) had a connection to the Reed and Intelius defendants as well. 13. Daylight's own website shows they are partnered with the Reed
defendants, see http://www.daylight.com/partners/existing_partners.html as well as a separate partnering of services through Daylight's Chemoinformatics database systems. In addition, they are share services of Intelius and the Reed Elsevier defendants through Oracle. This information is published on the Internet by
Daylight at http://www.daylight.com/partners/existing_partners.html. Reed clearly uses Oracle products, see the Reed defendants job listing located online at https://reedelsevier.taleo.net/careersection/50/jobdetail.ftl?lang=en&job=LEX003 Q5. 14. Daylights connections to the Reed and Intelius defendants are
through software and hardware applications. These connections, as repeatedly stated in Daylight's manuals, allow backdoor access. These companies, Intelius and the Reed Defendants run databases with private, sensitive and confidential information. 15. None of us ever gave the Reed defendants or Intelius permission to
have, store or sell our private information, let alone sell it to people that were
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trying to hurt us. 16. The Reed and Intelius defendants did sell our information to Taitz, the
Sankey defendants and allowed access by Yosef Taitz through Daylight. And, with the private information Taitz and the Sankey defendants gained, they used it to harm us as they had threatened to do. We have been hurt, severely damaged and suffered severe emotional distress as a result. We have damages that are not repairable. We can never pull back all the data on us, that was published and sent out by the defendants. We have lost control over private confidential data. These defendants had no right to do any of this. I declare under the penalty of perjury of the Laws of the United States and the State of California that the foregoing is true and correct.
Executed this 26th day of September, 2011 in the State of New Jersey.
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EXHIBIT 1
Declaration of Lisa Ostella
https://w3.lexis.com/research2/pubrec/searchpr.do?_m=ecb4662c8c082...
Case 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 8 of 10 Page ID #:9473
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Case 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 9 of 10 Page ID #:9474
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EXHIBIT 2
Declaration of Lisa Ostella
https://www.knowx.com/fein/search.jsp Case 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 10 of 10 Page ID #:9475
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Philip J. Berg, Esquire (PA I.D. 9867) E-mail: philjberg@gmail.com LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 Fax: (610) 834-7659 Attorney in pro se and for Plaintiffs UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION LISA LIBERI, et al vs. ORLY TAITZ, et al, : : : Plaintiffs, : : : : : : Defendants. : :
I, Philip J. Berg, Esquire, hereby certify a true and correct copy of Plaintiff Lisa
Ostellas Declaration and Certificate of Service in Opposition to the Reed Defendants Motion to Dismiss was served through the ECF filing system this 26th day of September 2011 upon the following:
Orly Taitz 29839 Santa Margarita Parkway, Suite 100 Rancho Santa Margarita, CA 92688 Email: orly.taitz@gmail.com and Email: dr_taitz@yahoo.com Served via the ECF Filing System Attorney for Defendant Defend our Freedoms Foundation, Inc.
Liberi, et al Plaintiffs Cert of Svc re Decl of Ostella in Opp to Reed Defendants MTD
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Kim Schumann, Esquire Jeffrey P. Cunningham, Esquire Peter Cook, Esquire SCHUMANN, RALLO & ROSENBERG, LLP 3100 Bristol Street, Suite 400 Costa Mesa, CA 92626 Email: pcookA@srrlawfirm.com Served via the ECF Filing System Attorney for Defendants Orly Taitz; Orly Taitz, Inc.; and Law Offices of Orly Taitz James F McCabe Morrison & Foerster 425 Market St San Francisco, CA 94105-2482 Email: jmccabe@mofo.com Served via the ECF Filing System Attorney for Defendants: Reed Elsevier, Inc. LexisNexis Group, Inc LexisNexis, Inc. LexisNexis Risk and Information Analytics Group, Inc. LexisNexis Risk Solutions, Inc. LexisNexis Seisint, Inc. LexisNexis Choicepoint, Inc. John A Vogt, Jr., Esquire Edward San Chang, Esquire Jones Day 3161 Michelson Drive Suite 800 Irvine, CA 92612 Email: javogt@jonesday.com Email: echang@jonesday.com Served via the ECF Filing System Attorney for Defendant Intelius, Inc.
Liberi, et al Plaintiffs Cert of Svc re Decl of Ostella in Opp to Reed Defendants MTD
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Marc Steven Colen, Esq. Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Email: mcolen@colenlaw.com Served via the ECF Filing System Attorney for Defendants: Neil Sankey; Todd Sankey; Sankey Investigations, Inc. and The Sankey Firm, Inc. Michael J Niborski, Esquire Pryor Cashman LLP 1801 Century Park East 24th Floor Los Angeles, CA 90067 Email: mniborski@pryorcashman.com Attorney for Daylight Chemical Information Systems, Inc.
Liberi, et al Plaintiffs Cert of Svc re Decl of Ostella in Opp to Reed Defendants MTD