Liberi V Taiitz Philip J Berg Esq Decl in Opp ToSankey's Rule 36 (B) Motion - Doc 499

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 1 of 12 Page ID #:12148
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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 : : : : Plaintiffs, : : : : : : : : Defendants. : : :
LISA LIBERI, et al,
CIVIL ACTION NUMBER: 8:11-cv-00485-AG (AJW) DECLARATION OF PHILIP J. BERG, ESQUIRE Date of Hearing: May 7, 2012 Time of Hearing: 10:00 a.m. Location: Courtroom 10D
vs. ORLY TAITZ, et al,
DECLARATION of PHILIP J. BERG, ESQUIRE I, Philip J. Berg, Esquire, 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 am an Attorney in good standing, licensed to practice law in the
Commonwealth of Pennsylvania. I am licensed to practice in the U.S. District Courts, Middle and Eastern District of Pennsylvania; Third Circuit Court of
Declaration of Philip J. Berg, Esquire
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Appeals; the Ninth Circuit Court of Appeals; the Pennsylvania Supreme Court; and the U.S. Supreme Court. And, I am the Attorney of Record for all the Plaintiffs in this case. 2. I am making this Declaration in support of Plaintiffs Opposition to
Todd Sankey and The Sankey Firm, Inc.s [Sankey Defendants] Motion to Withdraw the Admissions Deemed Admitted. 3. I had several conversations with Marc Colen, Esquire, attorney for
Neil Sankey, Todd Sankey, Sankey Investigations, Inc. and The Sankey Firm, Inc. in regards to their Initial Disclosures and Plaintiffs requested Discovery. 4. On January 20, 2012 I received a stack of documents from Mr. Colen
as the Sankey Defendants Initial Disclosures. Included in these documents were searches conducted directly through Accurint on Plaintiff Lisa Liberi on March 16, 2009, a true and correct copy of which is attached as EXHIBIT 11. 5. This search on Plaintiff Lisa Liberi was run using Mrs. Liberis name
and address. The search on Mrs. Liberi returned Mrs. Liberis name; Social Security number, both old and new; date of birth; and addresses. Each name listed as belonging to Mrs. Liberi included Mrs. Liberis Social Security number and date of birth, although many of the names never belonged to or were used by Mrs.
I have redacted all personal information in the searches and reports conducted on all the Plaintiffs, which are attached as Exhibits to this Declaration. The actual documents received from the Sankey Defendants were not redacted.
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Liberi. I have redacted Mrs. Liberis Social Security numbers and month and day of birth for this filing. As indicated by the Accurint search attached as EXHIBIT 1 this search was conducted directly in the Accurint database located at https://secure.accurint.com/app/bps/main by Neil Sankey by and through The Sankey Firm, Inc. As can be seen, the search on Liberi was conducted directly through Accurints database by Neil Sankey and The Sankey Firm, Inc. as depicted on EXHIBIT 1 on the bottom left of each page. 6. Plaintiff Lisa Liberis comprehensive consumer report obtained by
The Sankey Firm, Inc. on March 16, 2009 was included with the Sankey Defendants Initial Disclosures. See a true and correct copy of Liberis comprehensive report attached as EXHIBIT 2. Mrs. Liberis report contains her, name; every name ever used, including maiden; addresses; both her old and new Social Security numbers; date of birth; income, education, employment, home values, unlisted and unpublished telephone numbers; spouses name, date of birth, addresses, Social Security number; friends including their names, Social Security numbers, relatives including their friends, relatives, dates of birth, addresses, home value, income, education; Mrs. Liberis relatives including names, addresses, Social Security numbers, dates of birth, friends and relatives, including their Social Security numbers, dates of birth, home values, education, income, relative and friends information, every name ever used, including maiden names; income, home
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value; education; neighbors names, addresses and private data, etc.2 The report also contains numerous incorrect names, addresses and other private data associated to Liberi by her Social Security number and date of birth. 7. Mrs. Liberis report contains her unlisted and unpublished cell phone
number; her cell phone carrier; her employment history with her Social Security number, her position, time employed, address of employer; judgments going back to 1993 containing Mrs. Liberis name, Social Security number, address, creditor, amount of the Judgment, and date filed; bankruptcy information; criminal data, etc. The report also contains names of Mrs. Liberi with her Social Security number and date of birth that have never been Mrs. Liberis names or used by Mrs. Liberi, etc. 8. Also included in the Sankey Defendants Initial Disclosures was a
Comprehensive Consumer Report run by The Sankey Firm, Inc. on April 6, 2009 on Brent Liberi, spouse of Plaintiff Lisa Liberi. See EXHIBIT 3, the Comprehensive consumer report run on Brent Liberi. As shown on this
Comprehensive Report, this report includes the same private personal information as that contained in the report run on Mrs. Liberi. 9. Neil Sankey then ran additional consumer reports on Liberi and her
husband on April 15, 2009; April 16, 2009; April 19, 2009; and May 7, 2009 and ran consumer reports on Lisa Ostella and her husband on April 13, 2009 and April
As shown in the Comprehensive Reports, the reports contain three (3) degrees of relatives. 4
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19, 2009. See DN 491-2 at pp. 17-18, No. 53; and DN 491-1, p. 8, C(a). 10. On April 10, 2009, Neil Sankey from The Sankey Firm, Inc. sent an
Email to Reporter Bob Unruh of World Net Daily. This Email sent from The Sankey Firm, Inc. contained information taken from Plaintiff Liberis comprehensive consumer report, including but not limited to her name, her old and new Social Security numbers, date of birth, husbands name, Social Security number; and the names, dates of birth and Social Security numbers of friends and relatives of Plaintiff Liberi. The Email even references Mr. Liberis sisters last name Heller. See a true and correct copy of this Email attached as EXHIBIT 4. 11. On April 13, 2009, Neil Sankey from The Sankey Firm, Inc.
forwarded a copy of the Email sent to Bob Unruh to Orly Taitz. See a true and correct copy attached hereto as EXHIBIT 5. Taitz repeatedly published
Plaintiff Liberis private data in a document she called Dossier No. 6 all over the Internet; by RSS Feeds; Friends Feeds; Social Networks; Mass Emailing; Hand Delivery; on her own website; discussed it in radio interviews; TV interviews; filed it with Law Enforcement; and filed it in her Court cases. Taitz Dossier No. 6 has been filed with this Court numerous times and is still available with Neil Sankeys Email on the Internet at http://www.oilforimmigration.org/facts/?p=1478, with Liberis full Social Security number.
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12.
On May 28, 2009 Neil Sankey representing himself as a Private
Investigator with The Sankey Firm, Inc. admitted he obtained consumer reports on the Plaintiffs; and discussed credit items from Mrs. Liberis credit report. In particular was a loan Mrs. Liberi had just taken out for her sons first year of college. The transcript from this radio show has been filed numerous times with this Court and a copy of the entire interview was provided to Judge Robrenos Court on August 9, 2009.
13.
The Sankey Defendants did not turn over all the reports they
purchased on the Plaintiffs. I have demanded the additional reports, and missing pages, but the Sankey Defendants have refused to furnish them. 14. I served Plaintiffs First Set of Discovery on the Sankey Defendants
January 19, 2012 by way of Email and through the United States Postal Service, Priority Mail, signature required. Plaintiffs Discovery requests served upon Todd Sankey, The Sankey Firm, Inc., Neil Sankey and Sankey Investigations, Inc. were Interrogatories; Request for Production of Documents; and Requests for Admission. A true and correct copy of: A. Plaintiffs Request for Interrogatories served upon Todd Sankey is attached hereto as EXHIBIT 6; B. Plaintiffs Request for Production of Documents served upon Todd Sankey is attached hereto as EXHIBIT 7;
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C. Plaintiffs Request for Admissions served upon Todd Sankey is attached hereto as EXHIBIT 8; D. Plaintiffs Interrogatories served upon The Sankey Firm, Inc. is attached hereto as EXHIBIT 9; E. Plaintiffs Request for Production of Documents served upon The Sankey Firm, Inc. is attached hereto as EXHIBIT 10; and F. Plaintiffs Request for Admissions served upon The Sankey Firm, Inc. is attached hereto as EXHIBIT 11. 15. Mr. Colen acknowledged the discovery sent by Email on his clients.
See a true and correct copy of the Email attached as EXHIBIT 12 and signed for the hard copies of Plaintiffs Discovery on January 21, 2012, a true and correct copy of which is attached hereto as EXHIBIT 13. The Sankey Defendants Responses were due on or before February 21, 2012. This includes Neil Sankey and Sankey Investigations, Inc. who on March 9, 2012 filed a Chapter 7 Bankruptcy. 16. On February 10, 2012, I received the Sankey Defendants discovery
propounded on Plaintiffs by way of Interrogatories and Four Hundred and Twenty Three [423] Requests for Production of Documents served separately upon each Plaintiff. Plaintiffs responses were due on or before March 12, 2012. Plaintiffs
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Responses to the Sankey Defendants Discovery were served on the Sankey Defendants March 9, 2012. 17. The Sankey Defendants failed to respond to any of the Plaintiffs
Discovery requests, including each of the Requests for Admission that were propounded. 18. On February 25, 2012, I sent an Email to Mr. Colen informing him of
Plaintiffs intent on filing a Motion for Summary Judgment. A true and correct copy of this Email is attached hereto as EXHIBIT 14. On February 27, 2012, instead of discussing the issues, Mr. Colen responded with a very immature Email, a true and correct copy of which is attached as EXHIBIT 15. I responded to Mr. Colens Email stating he took his response as he did not agree with Plaintiffs intention of filing a Motion for Summary Judgment. See a true and correct copy attached hereto as EXHIBIT 16. I sought Leave of Court to file a Motion for Summary Judgment against the Sankey Defendants. See a true and correct copy attached hereto as EXHIBIT 17. 19. On March 1, 2012, Mr. Colen sent me an Email stating for
unanticipated reasons, the response to Plaintiffs Discovery requests were late, a true and correct copy of which is attached as EXHIBIT 18. Mr. Colen stated Plaintiffs would receive the Sankey Defendants responses in two [2] weeks, which
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would have been the 15th of March, 2012. Responses as promised. 20.
I did not receive the Discovery
On March 7, 2012, Mr. Colen sought Leave of Court to file a Motion
under Rule 36 and attached unsigned copies of Responses to Plaintiffs Requests for Admissions served upon Todd Sankey and The Sankey Firm, Inc. Mr. Sankey stated he would be meeting with the Sankeys that Saturday and Plaintiffs would receive signed copies thereafter. A true and correct copy of Mr. Colens letter seeking Leave is attached hereto as EXHIBIT 19. 21. On March 26, 2012, I received faxed copies of Defendants Todd
Sankey and The Sankey Firm, Inc.s Responses to Plaintiffs Requests for Admissions, a true and correct copy of which is attached hereto as EXHIBIT 20. These responses varied from the ones provided to the Court on March 6, 2012. 22. To date, I have not received any responses from Defendants Neil
Sankey or Sankey Investigations, Inc. And, I have not received any Responses to Plaintiffs Interrogatories or Request for Production of Documents from Defendants Todd Sankey or The Sankey Firm, Inc. 23. Defendant Todd Sankey claims he was unaware his father was using
his Lexis Log-In and his Email @thesankeyfirm.com. Todd Sankey had to add Neil Sankey as an authorized user to his Accurint (Lexis) account and his
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account with IRBsearch, LLC. Todd Sankey had to assign Neil Sankey a user ID, which he did assigning nsankey@thesankeyfirm.com. Same goes for Neil
Sankeys Email address of nsankey@thesankeyfirm.com, which was used as Neil Sankeys user name in The Sankey Firm, Inc.s accounts; Todd had to create and assign the Email address to Neil Sankey from his Email server. Each report purchased on the Plaintiffs, Todd Sankey and The Sankey Firm, Inc. would have been billed for. Each Email sent and received by Neil Sankey would be stored in Todd Sankey and The Sankey Firm, Inc.s Email server that Todd Sankey would have access to. 24. The Sankey Firm, Inc. has been aware of this law suit since May 6,
2009 when they were personally served with the Original Complaint. Neil Sankey continued using the Email address nsankey@thesankeyfirm.com through 2011. Neil Sankey was contacting DDA Secord in the San Bernardino County District Attorneys Office; the Santa Fe and San Bernardino County Probation Departments; Santa Fe Police Department; and other Defendants in this Case attempting to have Plaintiff Liberi arrested and jailed based on false allegations. 25. Discovery cut-off in this case was March 5, 2012. The Sankey
Defendants delayed their Motion until after Neil Sankey filed for Bankruptcy, knowing it was precluding Plaintiffs from obtaining any of the Discovery propounded on Neil Sankey and depriving the Plaintiffs the opportunity to depose
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Neil Sankey. Neil Sankey is a key witness in this case as demonstrated by the Exhibits attached hereto and Exhibits filed in this case. 26. Neil Sankey provided a Declaration containing false and perjured
statements to the Reed Defendants in support of their Motion for Summary Judgment. See DN 494. However Plaintiffs are precluded from contacting Defendant Neil Sankey due to the Bankruptcy stay and the Sankey Defendants have refused to comply with Discovery. 27. I was out of the Office until Tuesday, April 17, 2012 due to surgery I
had. I did not receive the Sankey Defendants Motion to Withdraw until that time. The Sankey Defendants failed to provide twenty-eight [28] days Notice as required by the Courts Local Rules. 28. Should this Court grant the Defendants Motion and allow them to
Withdraw their Admissions Deemed Admitted, Plaintiffs will be severely prejudiced. Plaintiffs are unable to secure the Discovery they would need to properly litigate this case against Todd Sankey and The Sankey Firm, Inc. as a result of their failure to produce and comply with Discovery and as a result of the Bankruptcy Stay as to Neil Sankey. // // // // // //
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I declare under the penalty of perjury of the Laws of the United States and California that the foregoing is true and correct.
Executed this 19th day of April, 2012 in the Commonwealth of Pennsylvania, County of Montgomery. /s/ Philip J. Berg Philip J. Berg, Esquire, Declarant
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Case 8:11-cv-00485-AG-AJW Document 499-1 Filed 04/19/12 Page 1 of 6 Page ID #:12160
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EXHIBIT 4
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From: Neil SANKEY [mailto:nsankey@thesankeyfirm.com] Sent: Friday, April 10, 2009 10:01 AM To: Bob Unruh Subject: LISA LIBERI etc Bob here are some bare facts about Bergs assistant. See below and attachments I dont know how much of the story you have already, but is essentially about WHO she really is and the questions that unfortunately brings up about Berg. Call, if you need to, at your convenience. Neil Sankey Investigator & Consultant. THE SANKEY FIRM Simi Valley, California 93063 nsankey@thesankeyfirm.com 805 520 3151 818 212 7615 cell
(Addendum) LISA RENEE LIBERI. Bn 5/28/1965. 462-45-xxxx, 622-19-4312 (& others)
According to the Police she was born COURVILLE and married a Richardson (Possible Alan Douglas Richardson, currently residing in Las Vegas .) IF it was the other way around, then the Courville is Bill Marshall Courville 11/10/61 of Houston , Tx. 457-71-x I have several SS#'s for her and a LOT of AKA's. Her real SS# is probably 462-45-xxxx. Most prominent otherwise are 563-60-xxxx, 57217-x, 622-19-x She went BK in 2002 Her brother is probably Lawrence E Morris of Fontana and Rancho Cuc , CA . He was born 1/16/64 Her Husband, Brent J, a Parolee, I have not researched that. Is probably Brent J McCormack 563-77, also uses 331-02-x There is also a Jerry HELLER and Douglas Cramer look interesting, but where do you stop?.
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EXHIBIT 5
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From: Neil SANKEY nsankey@thesankeyfirm.com Subject: FW: LISA LIBERI etc To: dr_taitz@yahoo.com Date: Monday, April 13, 2009, 7:04 PM Here is the Liberi stuff you requested. This is also what I sent to Bob Unruh . From: Neil SANKEY [mailto:nsankey@thesankeyfirm.com] Sent: Friday, April 10, 2009 10:01 AM To: Bob Unruh Subject: LISA LIBERI etc Bob here are some bare facts about Bergs assistant. See below and attachments I dont know how much of the story you have already, but is essentially about WHO she really is and the questions that unfortunately brings up about Berg. Call, if you need to, at your convenience. Neil Sankey Investigator & Consultant. THE SANKEY FIRM Simi Valley, California 93063 nsankey@thesankeyfirm.com 805 520 3151 818 212 7615 cell
According to the Police she was born COURVILLE and married a Richardson (Possible Alan Douglas Richardson, currently residing in Las Vegas .) IF it was the other way around, then the Courville is Bill Marshall Courville 11/10/61 of Houston , Tx. 457-71-x I have several SS#'s for her and a LOT of AKA's. Her real SS# is probably 462-45-xxxx. Most prominent otherwise are 563-60-xxxx, 57217-x, 622-19-x She went BK in 2002 Her brother is probably Lawrence E Morris
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of Fontana and Rancho Cuc , CA . He was born 1/16/64 Her Husband, Brent J, a Parolee, I have not researched that. Is probably Brent J McCormack 563-77, also uses 331-02-x There is also a Jerry HELLER and Douglas Cramer look interesting, but where do you stop?.
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EXHIBIT 6
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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 : : CIVIL ACTION NUMBER: : Plaintiffs, : 8:11-cv-00485-AG (AJW) : : : : : Defendants. :
LISA LIBERI, et al,
PLAINTIFFS INTERROGATORIES ADDRESSED TO DEFENDANT TODD SANKEY SET ONE PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 33, you are hereby notified and required to respond to the following Interrogatories propounded by Plaintiffs Lisa Liberi, Lisa Ostella, Philip J. Berg, Esquire, Go Excel Global and The Law Offices of Philip J. Berg [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
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Liberi, et al Plaintiffs Interrogatories propounded on Todd Sankey
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You are further placed on notice, pursuant to Fed. R. Civ. P. 26(e), that these Interrogatories are deemed continuing, requiring supplemental responses thereto in the event requested information becomes available which would require amendment or supplementation of your responses in order that they would be proper and truthful.
INSTRUCTIONS
1.
In answering these Interrogatories, please furnish all information
which is available to you, including, without limitation, all information in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such information as is in your possession. 2. If you cannot respond to any of the following Interrogatories in full,
after exercising due diligence to secure information to do so, please so state, and respond to the extent possible, specifying all reasons why you are unable or unwilling to respond to the remainder, stating whatever information you have concerning the unproduced information, and what efforts you made to secure information sufficient to allow you to respond fully to the particular Interrogatory. 3. Although one or more of the following Interrogatories may not appear
to be applicable to or directed to you, please respond to each and every one of them to the extent that you are able to provide any response thereto whether such
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response consists of information within your own knowledge or what you have obtained from others. 4. However, for every response in which you include information
received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such information. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the information for which you cannot vouch. 5. Further, these Interrogatories contain words or phrases which require
you to refer to the "Definitions" section of this document provided herein below. 6. Unless otherwise stated, each Interrogatory pertains to the time period
beginning January, 2008, through the present date. Thus, your responses should be fully answered as they pertain to information within that time frame. 7. Further, each Interrogatory should identify the appropriate time frame,
if your response requires same. 8. If objection is taken to any of the following Interrogatories or if any
Interrogatory will not be complied with in full, please state the specific grounds therefore, including in detail all that you have done in order to try and comply therewith, and comply with such Interrogatory to the extent to which there is no objection. If privilege is alleged as to any documents or communications, fully identify the documents or communications for which privilege is asserted and
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explain in detail the grounds of such privilege; and without limitation, such identification and explanation shall set forth at the least the following: a) The names of the author(s) and addressee(s) or recipient(s) of the document; The name(s) of the person(s) to who copies were sent or who were present during any part of the communication; The date of the document or communication; The date on which the document was received by those having possession of the document; A brief description of the nature and subject matter of the document or communication; and The statute, rule, or decision that is claimed to give rise to the privilege.
b)
c) d)
e)
f)
9.
In accordance with Fed. R. Civ. P. 26(e), this First Set of
Interrogatories to Defendant shall be deemed continuing so as to require supplemental answers if the party responding to these Interrogatories or his/her/their attorneys obtain further information between the time of compliance and at the time of trial. 10. Whenever appropriate, the singular form of a word also shall be
interpreted to include the plural. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of any request, any information that might otherwise be construed to be outside its scope.
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"His" shall be interpreted to include "her" and its," and is not intended to be exclusive or gender-specific. 11. In responding to these Interrogatories, you shall produce all
responsive documents which are in your possession, custody, or control or in the possession, custody, or control of your predecessors, successors, parents, subsidiaries, divisions, or affiliates, or any of your respective directors, officers, managing agents, agents, employees, attorneys, accountants or other
representatives. A document shall be deemed to be within your control if you have the right to secure the document or a copy of the document from another person having possession or custody of the document. 12. If any documents or parts of documents called for by these
Interrogatories have been destroyed, discarded, or otherwise disposed of, you should provide a list setting forth as to each such document the following information: a. b. The nature of the document, e.g., letter, memorandum, telegram, etc.; The name address, occupation, title and business affiliation of each person who prepared, received, viewed, and has or has had possession, custody, or control of the document; The date of the document; A description of the subject matter of the document; The date of destruction or other disposition;
c. d. e.
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f. g.
A statement of the reasons for destruction or other disposition; The name, address, occupation, title and business affiliation of each person who authorized destruction or other disposition; The name, address, occupation, title and business affiliation of each person who destroyed or disposed of the document; and The Interrogatory to which the document is responsive.
h.
i.
DEFINITIONS 1. a) As used herein: "Plaintiffs shall mean Plaintiffs Lisa Liberi, Lisa Ostella, Philip J.
Berg, Esquire, Go Excel Global and the Law Offices of Philip J. Berg; Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. b) c) d) Defendant" shall mean Defendant Todd Sankey. "Incident" shall mean as defined in the Complaint. Customer(s) shall mean people who purchase products from Todd
Sankey and/or his companies. e) Employee(s) shall mean any person employed by You or acting as
an agent for You. f) You or your means the person or entity responding to these
Interrogatories and any present or former employees, agents, consultants or other person acting or purporting to act on behalf of such person or entity.
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g)
"Document(s)" shall mean any writings of any kind and shall include
the original and each non-identical copy or draft thereof. The term as the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001as including, but not limited to, any electronically stored data, databases, documents, and electronic communication (such as E-mail with full header information), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has been produced. A copy or duplicate of a document that has any conforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which information is recorded or transmitted including, but not limited to, electronic mail with full header information, Internet, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer discs, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information. For each "document" responsive to any request withheld from production by you on the ground of any privilege, please state: (i) The nature of the document (e.g., letter, memorandum, contract, etc.);
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(ii) (iii) (iv) (v) (vi)
The identity of the person(s) preparing it and of the sender(s); Its title or, if it has no title, a description of the general nature of its subject matter; The identity of the addressee(s), if any; The date the document was authored, sent, and/or received; Location of the original, or, if there is no original, the location of all copies, and identity of present custodian; and
(vii) Whether the document is claimed to be privileged; If you claim the document is privileged, the reason such document is allegedly privileged. h) "Person(s)" means any human being, any firm, affiliate, joint venture,
institution, corporation, sole proprietorship, limited partnership, partnership, association, group of human beings, other legal or de facto entity, or corporation, of whatever kind, or any other business or governmental entity of any character whatsoever, together with the partners, trustees, officers, directors, employees, or agents thereof. i) "Communication" shall mean all forms of written or verbal
intercourse, including without limitation inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, notes, telegrams, newspaper or magazine articles, advertisements, and other documents as previously defined.
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j)
Electronic Data shall mean any and all data contained within any of
Todd Sankeys database systems, computers, hard-drives, removable storage devises, e.g. cell phones, jump drives, and servers pertaining to consumers, clients, people, businesses, etc. k) Electronic Mail shall mean sent and received e-mails with the full
header information from any and all email accounts in which you have access. l) "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person". m) "Identify" or to give the "identity" of shall mean: A. In the case of a natural person, to state: (i.) Any and all names, legal, trade or assumed; (ii.) Last known home and business addresses and telephone numbers; (iii.) All telephone and tele-fax numbers used; (iv.) All websites owned and used; (v.) All email addresses owned and used; (vi.) Employer or business affiliation; (vii.) Occupation and business position (including title) held; (viii.) Employer's name, address, phone number and the employer's relationship to any and all Defendants in the above captioned action; and, if applicable:
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(ix.) Brand, make, manufacturer's name, address, phone number and the manufacturer's relationship to any and all Defendants in the above captioned action; B. In the case of an oral statement of communication, to state: (i.) The identity of the maker(s) and recipient(s) of the oral statement or communication; (ii.) Where and when the oral statement or communication was made; (iii.) The identities of all persons present when the oral statement or communication was made; (iv.) The mode of communication; and (v.) The subject matter of the oral statement or communication. C. In the case of an act or omission, to state: (i.) A detailed description of the act or omission; (ii.) The date when it occurred; (iii.) The place where it occurred; (iv.) The identity of the person or persons performing such acts, or in the case of an omission, the identity of the person or persons failing to act; and (v.) The identity of all persons who have knowledge of the act or omission. D. In the case of a photograph or photographic reproduction, to state: (i.) The identity of the photograph or person responsible for the making of the photographic reproduction;
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(ii.) The number of photographs taken or photographic reproductions made; (iii.) When and where the photographs were taken or the photographic reproductions were made; (iv.) The subject matter depicted in each photograph or photographic reproduction; and (v.) The identity of each person who has possession, custody, or control of each photograph or photographic reproduction. h. The phrase "relates to," "relating to," or "in relation to" means to
consist of, refer to, reflect, or be in any way logically, factually, or legally connected with the matter discussed. i. "Audit Trail" means a complete, detailed listing of each and every
alteration, deletion, inquiry into, modification or other change to the credit report or profile as maintained in recorded form, in the broadest sense, by "you". The listing should include the identity, address, employer and title of the person(s) taking the action, the identity, address, employer and title of the person(s) authorizing the action, a detailed explanation of the action taken, the date of the action, the means used to effect such action, the location of origin of the action and the reason the action was taken. The term "audit trail" also includes the definition provided for the phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion Letter, March 10, 1983.
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j.
"Data" means the physical symbols in the broadest sense that
represent information, regardless of whether the information is oral, written or otherwise recorded. k. "Computer" means any and all programmable electronic devices or
apparatuses, including hardware, software, and other databanks, that can store, retrieve, access, update, combine, rearrange, print, read, process or otherwise alter data whether such data maintained in that device or at some other location. The term "computer" includes any and all magnetic recordings or systems, systems operating on or maintaining data in digital, analog, or hybrid format, or other mechanical devices, or other devices capable of maintaining writings or recordings, of any kind, in condensed format, and includes any disk, tape, recording, or other informational source, regardless of its physical dimension or size. l. "Format" means the general makeup or general plan of
organization or arrangement of data. m. "Explain" means to elucidate, make plain or understandable, to
give the reason for or cause of, and to show the logical development or relationships thereof. n. "Describe" means to represent or give an account of in words.
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o.
User means any person or computer which interacts with a
different computer. p. Access Programs means these programs, physical or computer-
based, which insure authorization, identification, verification, access control, accountability and security audit of your consumer database. q. Information Protection Architecture means a statement of the
overall design and operating objectives for the security, continuity and control of your consumer database. TIME PERIOD Unless otherwise stated, all Interrogatories and Documents requested are for the period of time from January 1, 2008 through the date of response or production and include within their scope Information and Documents which refer or relate to all or any portion of that period. Answers and Documents fall within this time period if they reflect policies and/or practices in effect during the time period, even if the documents were written or created before the relevant time period. INTERROGATORIES:
INTERROGATORY NO. 1: Identify the names, addresses, and telephone numbers of all persons who supplied information responsive to these interrogatories. ANSWER:
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INTERROGATORY NO. 2: Please state your full name; every name you have used in the past, and the dates of such use; your current residential address and the addresses you have resided at for the past five (5) years, with the dates as to each address; your place of employment, including address, telephone number and position; your place and date of birth; your full Social Security Number; and Your full Drivers license Number, including the state of issuance. If you are married, please provide the same for your spouse. ANSWER:
INTERROGATORY NO. 3: Have You, Neil Sankey, the Sankey Firm, Sankey Investigations, privateinvestigation.com or any employee or aggregate and/or a 3rd party of any kind, conducted any type of surveillance on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members? If so, as to each surveillance, state the name, address, telephone number, employment name, address, telephone number of each person who conducted the surveillance, date and time of the surveillance, type of surveillance, location of the surveillance, the Plaintiff in which the surveillance was conducted on, whether any photographs or
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videotapes were conducted or taken during the surveillance, the location of any such photographs, videotapes, and reports or other documents that were created or made as a result of any surveillance; and provide a copy of the same. ANSWER:
INTERROGATORY NO. 4: Please identify the name, address and telephone number of each and every person interviewed by You, Neil Sankey, Sankey Investigations, Inc. and The Sankey Firm in relations to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs children and/or Plaintiffs family members. Please include the questions asked, if the questions/answers were documented by any means, including electronically, responses thereto and what bases, permissible purpose or legal authority Neil Sankey, Sankey Investigations, Inc. and The Sankey Firm had in such Interview(s) and please provide a copy of each documented communication. ANSWER:
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INTERROGATORY NO. 5: Please provide each and every Individual, Company, Business, Entity, State Agency, Governmental Agency both State and Federal, or any other business association, their names, addresses, and telephone numbers who provided any type of documentation or information to You, Neil Sankey, Sankey Investigations, Inc. and/or The Sankey Firm, pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members during the time period of January 1, 2008 through the date these Interrogatories are answered. Please
describe in detail, the date, the information received, each document created or received and provide a copy of the same.
ANSWER:
INTERROGATORY NO. 6: Please provide in detail every data broker, credit reporting agency, consumer reporting agency, private investigation agency, or any other agency, including those you have data sharing, electronic feeds, data bots, data-sharing agreements, any personal source access including any under the GLB Act utilized by You, Todd Sankey, privateinvestigation.com, Sankey Investigations, Inc., and The
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Sankey Firm, including but not limited to name, address, telephone number, the date, web address, email address, information provided and received, the permissible purpose used to secure the information, and user name for You, Todd Sankey, Sankey Investigations, Inc. and The Sankey Firm used to obtain or
provide any type of Report, documentation or information pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. Please provide a copy of the same. ANSWER:
INTERROGATORY NO. 7: Provide a list of all individuals, businesses, 3rd parties, including data broker companies, credit reporting agencies, consumer reporting agencies, state entities, entities, governmental agencies or entities, employers, etc., names, addresses, and telephone numbers that Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members personal identifiers and personal data have been provided, furnished, sold and/or resold to by You, Neil Sankey, Sankey Investigations, Inc., the Sankey Firm and privateinvestigaiton.com, including email, data transfers, types of data transferred and the names, title, business address, home address and telephone number of all individuals possessing the
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capacity or capability for such transfer, including lists and names of authorized outside users of electronic mail with full header information. ANSWER:
INTERROGATORY NO. 8: State whether deletion utility programs are used on any of Your databases, servers, or computer systems during the relevant time period of this litigation, including but not limited to the name of the program(s) and the dates the program was used to permanently delete files. ANSWER:
INTERROGATORY NO. 9: State whether any computer hardware has been upgraded during the relevant time period of this litigation, and describe the type of upgrade and whether the replaced parts were retained, if so the address and telephone number of where the parts are located, as well as their connectivity and interface between the computer systems. ANSWER:
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INTERROGATORY NO. 10: Identify any databases and computer drives that were erased or reformatted during the relevant time period of this litigation, the date the computer drives were erased or reformatted, the reason the drives were erased or reformatted, and whether they were backed up. ANSWER:
INTERROGATORY NO. 11: Please provide a list, including names, addresses, telephone numbers, report numbers, case numbers, of every complaint filed by You, Neil Sankey, Sankey Investigations, Inc., the Sankey Firm, privateinvestigation.com or any other name used by these defendants in filing court actions including to revoke probation, reports and/or complaints against any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members with any Department or Agency,
including but not limited to City, County, State, or Federal agencies and/or law enforcement, including but not limited to Grand Juries, Social Security Administration, Internal Revenue Service, State Tax Offices, Sheriffs
departments, Courts, City Police Departments, State Police, Federal Bureau of Investigations, Probation Departments, Department of Justice, both state and U.S. .
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Please provide a detail of the report or allegations made, any type of investigation that was conducted, whether any arrests were made and provide all documentation and reports of the same. ANSWER:
INTERROGATORY NO. 12: Identify the current and present persons, including their names, addresses and telephone numbers, responsible for the ongoing operations, maintenance, expansion, archiving and upkeep of each database, network, Access Programs, and Information Protection Architecture in use by You, Neil Sankey, Sankey Investigations, Inc., the Sankey Firm and privateinvestigation.com and time in that position. ANSWER:
INTERROGATORY NO. 13: Provide the name, employer, title, business address, home address and telephone numbers of each person responsible for the day-to-day tasks of backing up files and archiving files and data compiled in paper format, computer hard drives,
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databases, etc. containing and including any data belonging to the Plaintiffs during the relevant time period of this litigation as well as any record retention and destruction policies and procedures. ANSWER:
INTERROGATORY NO. 14: Please provide all usernames, accounts, user agreements, authorizations, and contracts You, Neil Sankey, Sankey Investigations, Inc., privateinvestigation.com, and the Sankey Firm has/had with Orly Taitz, The Law Offices of Orly Taitz, Orly Taitz, Inc., Defend our Freedoms Foundations, Inc., Intelius, Inc., U.S. Search, Talentwise, Zabbasearch.com, Confi-Chek, Inc., LexisNexis.com, LexisNexis Group, Accurint, ChoicePoint, Inc., LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., Reed Elsevier, Inc. or any of its affiliates, Equifax, Experian, TransUnion, and any other names utilized by any of the Defendants from January 1, 2008 until the date which these Interrogatories are answered. ANSWER:
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INTERROGATORY NO. 15: State your procedures designed to assure the maximum possible accuracy of the information you received on individuals, including Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. In answering this Interrogatory, please explain how You, Neil Sankey, Sankey Investigations, Inc., privateinvestigation.com, and The Sankey Firm receives the data, how the
information is/was associated with Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. ANSWER:
INTERROGATORY NO. 16: Identify the names, addresses, and telephone numbers of all persons who have personal knowledge of any of the facts, events, or matters that are alleged in Plaintiffs Complaint, your Answer, anticipated answer, and/or defenses thereto and describe and explain your understanding of the matters on which the persons named have knowledge. ANSWER:
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INTERROGATORY NO. 17: Have You, Neil Sankey or any employee or aggregate of Sankey Investigations, Inc., the Sankey Firm, Inc., privateinvestigation.com and/or a 3rd party of any kind, conducted any type of surveillance on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members? If so, state the name, address, telephone number, employment name, address, telephone number of each person who conducted the surveillance, date of surveillance, type of surveillance, location of the surveillance, the Plaintiff in which the surveillance was conducted on, and provide all reports, documentation, films, electronic communications with full header information, contracts, details, and any and all information pertaining to said surveillance.
ANSWER:
INTERROGATORY NO. 18: Please describe in detail any conveyance of, transfer of, or if you sold any real property; recreational vehicles; bank accounts; certificate of deposits;
retirement accounts; vehicles of any type; land; financial accounts of any type; or any other tangible or valuable item from May 4, 2009 through the date you
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answer these Interrogatories. Your response should include the date, the legal description, the amount of sale, the name, address and telephone number of the person or business entity, legal or otherwise, the item(s) were transferred, conveyed or sold to.
ANSWER:
INTERROGATORY NO. 19: Identify all correspondence or documents that refer or relate to any correspondence or communication between You and any other person relating or referring to the facts, acts, events, or matters alleged in Plaintiffs Complaint, or your Answer, anticipated answer and/or defenses thereto. ANSWER:
INTERROGATORY NO. 20: For each paragraph of Plaintiffs Complaint which you deny the allegations, assert an Affirmative or Special defense, please describe and explain any facts
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supporting each denial, affirmative defense or special defense, state the name, address and telephone number of all persons who have knowledge of the facts; and list any documents which you believe may support each denial, Affirmative Defense, Special Defense and/or Facts. ANSWER:
INTERROGATORY NO. 21: List all forums, blogs, chat rooms, radio programs, websites, including but not limited to The Fogbow, Politijab, world Net Daily, Democratic Disaster that you are a member of and that you utilize and post on, supply articles to, including any articles or data pertaining to any of the Plaintiff s, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. Your answer must include internet web addresses for each, length of membership, all usernames, the name of the articles supplied, any and all information supplied, and any communications, information sharing, regarding any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members from January 1, 2008 until the date in which you answer these Interrogatories. Please provide the full contents of the articles, communications, information sharing, documentation, etc. and provide a copy of the same. ANSWER:
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INTERROGATORY NO. 22: Provide the business nature and dealings of You, Neil Sankey, Sankey Investigations, Inc., the Sankey Firm, privateinvestigation.com or any other name with Orly Taitz, Yosef Taitz, Orly Taitz, Inc., Law Offices of Orly Taitz, defend our Freedoms Foundations, Inc., Appealing Dentistry, Daylight Chemical Information Systems, Inc., including all contracts, any private investigation
documentation, and business agreements as well as the electronic data that is shared between the parties listed, types of data transferred and the names, title, business, address, home address and telephone number of all individuals possessing the capacity or capability for such transfer, including lists and names of authorized outside users of electronic mail with full header information. Please provide all documentation and/or information pertaining to any contract, information sharing, e-mail exchanges, business agreements, private investigation agreements, etc. ANSWER:
INTERROGATORY NO. 23: Describe each computer, computer network, hard-drives, databases or file sharing system, usernames and accounts, that contain Plaintiffs, Plaintiffs Spouses,
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Plaintiffs Children and/or Plaintiffs family members data in use during the relevant time period of this litigation. Your description should include, but is not limited to remote access permissions from affiliates/colleagues including but not limited to electronic mail with full header information and applications. ANSWER:
INTERROGATORY NO. 24: If you contend that any person, business, corporation or entity, by reason of an act or omission or otherwise, caused or contributed to the injuries suffered by Plaintiffs, as outlined in Plaintiffs complaint, identify each such person, business, corporation or entity or company by name, address and telephone number, and explain the basis for this contention, including the identity of all documents and/or witnesses that support your claim.
ANSWER:
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INTERROGATORY NO. 25: Have You, The Sankey Firm, privateinvestigation.com, Neil Sankey or Sankey Investigations ever been denied or cancelled any subscription or account for any reason with Intelius, Inc., LexisNexis.com, LexisNexis, Inc., Accurint, LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., LexisNexis Group, ChoicePoint or any other data broker, if so, please provide the full name, address, telephone number, reason for termination or reason for refusal of an account, the date of cancellation, termination or refusal and the reasons and circumstances relating to the cancellation, termination or refusal. ANSWER:
Respectfully submitted,
Dated: January 19, 2012
______________________________ Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 E-mail: philjberg@gmail.com Attorney for Plaintiffs
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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 : : : Plaintiffs, : : : : : : Defendants. : :
LISA LIBERI, et al,
CIVIL ACTION NUMBER: 8:11-cv-00485-AG (AJW) PLAINTIFFS CERTIFICATE OF SERVICE
I, Philip J. Berg, Esquire, hereby certify a true and correct copy of Plaintiffs
Interrogatories propounded upon Defendant Todd Sankey were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
Marc Steven Colen, Esquire Law Offices of Marc Steven Colen 5737 Kanan Road, Suite 347 Agoura Hills, CA 91301 Email: mcolen@colenlaw.com Signature Confirmation: 2308 3250 0000 5244 8185
Attorney for Defendants: Neil Sankey; Todd Sankey; Sankey Investigations, Inc. and The Sankey Firm, Inc.
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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 Attorney for Defendant Intelius, Inc. James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com 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.
_______________________ Philip J. Berg, Esquire
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EXHIBIT 7
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LISA LIBERI, et al,
PLAINTIFFS REQUEST FOR PRODUCTIONS ADDRESSED TO DEFENDANT TODD SANKEY SET ONE
PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 26 and 34, you are hereby notified and required to respond to the following Request For Production of Documents propounded by Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel Global, Philip J. Berg, Esquire and The Law Offices of Philip J. Berg [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
Liberi, et al Plaintiffs Request for Production of Documents propounded on Todd Sankey
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You are further placed on notice, pursuant to Fed. R. Civ. P. 26(e), that these Request For Production of Documents are deemed continuing, requiring supplemental production thereto in the event requested documents become available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you. Pursuant to Fed. R. Civ. P. 34(b), Plaintiffs request that Defendant, Todd Sankey produce responsive electronically stored information [ESI] in the format outlined in Appendix A and according to the ESI Guidelines contained in Appendix B.
DEFINITIONS For purposes of this First Set of Requests for Production of Documents, the following terms have the meaning set forth below: 1. Plaintiffs refers to Lisa Liberi, Lisa Ostella, Go Excel Global, Philip
J. Berg, The Law Offices of Philip J. Berg, their Spouses, Children and/or Family Members. 2. 3. Defendant" shall mean Defendant Todd Sankey. People Finder data shall mean Downloadable computer software,
namely collaboration software, for the facilitation, analysis and evaluation of consumer and people data, knowledge and processes, including but not limited to software utilized to pull social profiling of consumer and people data, financial
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data, credit data, personal identifying data, including but not limited to names, Social Security numbers, ages, dates of birth, addresses, home valuations, income, etc., age data, educational data, criminal data, health care data, medical data, children data, etc. 4. Electronic Data shall mean any and all data contained within any of
Todd Sankeys computer systems, hard-drives, database systems and servers. 5. Electronic Mail shall mean all e-mails sent and received with the
full header information. 6. "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person." 7. Communication or Communications means the transmittal of
information (in the form of facts, ideas, inquiries, or otherwise), whether effected through oral, written, telephonic, electronic, or any other means, including through documents. 8. Complaint or Complaints means an oral or written grievance from
Plaintiffs concerning the incident outlined in Plaintiffs First Amended Complaint. 9. Concern, Concerns or Concerning means evidencing, regarding,
discussing, embodying, describing, summarizing, containing, constituting,
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showing, mentioning, reflecting, pertaining to, dealing with, relating to in any way or manner, or in any manner whatsoever pertinent to the subject. 10. Customer or Customers mean people who hire Todd Sankey for
private investigation functions. 11. Document or Documents refers to any and all writings of any
kind and shall include the original and each non-identical copy or draft thereof. The term has the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as including, but not limited to any electronically stored data, databases, documents, and electronic communications (such as Email), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has any nonconforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which information is recorded or transmitted including, but not limited to, electronic Email, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer disks, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information.
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12.
Employee or Employees shall mean any person employed by you
or acting as an agent for you. 13. "Person, persons or people is identified as any natural persons,
joint owners, associations, companies, joint ventures, partnerships, corporations, trusts, estates, agencies, departments or bureaus (governmental or private), affiliates, business aggregates, or any business, legal or governmental entity. 14. You or your means the person or entity responding to these
Requests, and any present or former employees, agents, consultants, or other persons acting or purporting to act on behalf of such person or entity. 15. The term "including" means including but not limited to and/or
including without limitation. 16. The singular form of a word shall be interpreted as the plural and the
plural form of a word shall be interpreted as the singular whenever appropriate in order to bring within the scope of this Request For Production of Documents any information that might otherwise be considered to be beyond their scope. 17. The connectives "and" and "or" shall be construed either disjunctively
or conjunctively as necessary to bring within the scope of this Discovery any information that might otherwise be construed to be outside of their scope. 18. The present tense shall be construed to include the past tense and the
past tense shall be construed to include the present tense as necessary to bring
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within the scope of this Discovery any information that might otherwise be construed to be outside their scope.
INSTRUCTIONS 1. These requests for the Production of Documents are continuing and
require the service of supplemental answers produced in accordance with the requirements of Federal Rule of Civil Procedure Rule 26(e). 2. In responding to these requests, you shall produce all responsive
documents that are in your possession, custody or control or the possession, custody or control of your predecessors, successors, parents, subsidiaries, divisions, or affiliates, or any of their respective officers, managing agents, employees, attorneys, accountants or other representatives. A document shall be deemed to be within your control if you have the right to secure the document or a copy of the document from another person having possession or custody of the document. 3. You are to produce, for inspection and copying, original responsive
documents in the order they are kept in the usual course of business, and such documents shall be produced in their original folders, binders, covers, or containers, or facsimile thereof.
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4.
All documents produced shall be segregated and identified by the
paragraphs to which they are primarily responsive to correspond with the categories in these requests. 5. If any responsive document was at any time, but is no longer, in your
possession or subject to your control: a. State whether the document is missing or lost; b. State whether the document has been destroyed; c. State whether the document has been transferred voluntarily or involuntarily to others and, if so, at whose request; d. State whether the document has been otherwise disposed of; e. Provide a precise statement of the circumstances surrounding the disposition of the document and the date of its disposition; and f. Identify the name and address of its current or last known custodian and the circumstances surrounding such disposition.
6.
If any documents or parts of documents called for by these Requests
have been destroyed, discarded, or otherwise disposed of, you should provide a list setting forth as to each such document the following information: a. The nature of the document, e.g., letter, memorandum, telegram, etc.; b. The name, address, telephone number, occupation, title and business affiliation of each person who prepared, received, viewed, and has or has had possession, custody or control of the document; c. The date of the document;
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d. A description of the subject matter of the document; e. The date of destruction or other disposition; f. A statement of the reasons for destruction or other disposition; g. The name, address, telephone number, occupation, title and business affiliation of each person who authorized destruction or other disposition; h. The name, address, telephone number, occupation, title and business affiliation of each person who destroyed or disposed of the document; and i. The Request or Requests to which the document is responsive.
7.
If any document responsive to these requests is withheld under a
claim of privilege or upon any other ground, as to each such document, provide the following information in sufficient detail to permit the Court to rule on your claim: a. The nature of the privilege being asserted or other rule relied upon, and the facts supporting your assertion thereof; b. The party who is asserting the privilege; and c. The following information about the purportedly privileged document: (i) The author, primary addressee, and secondary addressees or persons copied, including the relationship of those persons to any party in this litigation and/or author of document; A brief description sufficient to identify the type, subject matter, and purpose of the document; All persons to whom its contents have been disclosed;
8
(ii)
(iii)
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(iv)
The date the document was prepared, the date the document bears, the date the document was sent, and the date the document was received; and A precise description of the place where each copy of that document is kept, including the title or description of the file in which said document may be found and the location of such file.
(v)
8.
If a portion of any document responsive to these requests is withheld
under claim of privilege pursuant to the preceding instruction, any non-privileged portion of such document must be produced with the portion claimed to be privileged redacted. 9. You are to produce each document requested herein in its entirety,
without deletion or excision (except as qualified by the preceding two [2] instructions), regardless of whether you consider the entire document to be relevant or responsive to the requests. 10. Whenever a document is not produced in its entirety, including all
attachments, or is produced in redacted form, so indicate on the document, state with particularity the reason or reasons it is not being produced in its entirety, and describe to the best of your knowledge, information and belief and with as much particularity as possible, those portions of the document that are not being produced.
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11.
Unless words or terms have been given a specific definition herein,
each word or term used herein shall be given its usual and customary dictionary definition except where such words have a specific custom and usage definition in your trade or industry, in which case they shall be interpreted in accordance with such usual custom and usage definition of which you are aware. In construing the inquiry and request herein: (i) the singular shall include the plural and the plural shall include the singular; (ii) a masculine, feminine, or neuter pronoun shall not exclude the other genders; (iii) the term any and all shall be understood to mean any and all; and (iv) the words and and or shall be read in the conjunctive or disjunctive or both, as the case may be, all to the end that the interpretation applied results in the more expansive production.
TIME PERIOD Unless otherwise stated in a Request, all Documents requested are requested for the period of time from January 1, 2008 through the date of production and include within their scope Documents which refer or relate to all or any portion of that period. Documents fall within this time period if they reflect policies and/or practices in effect during the time period, even if the documents were written or created before the relevant time period.
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DOCUMENTS REQUESTED
REQUEST FOR PRODUCTION NO. 1: All documents and electronic data, including E-Mails with full header information, Communications, Reports, information, photographs, videography, concerning each of the named Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs family members. RESPONSE:
REQUEST FOR PRODUCTION NO. 2: Provide all electronic mail with full header information from every E-mail account used in conducting any and all conversations in regards to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
REQUEST FOR PRODUCTION NO. 3: All documents with the permissible purposes listed that YOU provided to any entity, legal or otherwise, including any of the Defendants, to obtain Reports, Information, Data, Credit Reports or any type of access to the Plaintiffs People Finder Data, Personal Identifiers and/or Personal Information on Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
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REQUEST FOR PRODUCTION NO. 4:
All contracts, agreements,
documents and information either in paper or electronic format concerning agreements and correspondence with third-parties, including but not limited to Merlin, Intelius, Inc., US Search, Confi-Chek, Inc., LexisNexis.com, LexisNexis Group, LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., KnowX, ChoicePoint, Inc., Accurint, Department of Motor Vehicles, Government entities, Courts, State Agencies, etc. to obtain consumer, customers, and/or Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members People Finder Data, Personal Identifiers, Financial Data, Credit Data, Personal Identifying data, Criminal data, health data, medical data, educational data, home values, income data, etc. RESPONSE:
REQUEST FOR PRODUCTION NO. 5: Provide any and All documents, information, agreements, correspondence including but not limited to paper and electronic format, commenced between YOU and any of the other named Defendants in this lawsuit. RESPONSE:
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REQUEST FOR PRODUCTION NO. 6: Provide all data, including each person and/or entity contacted, their names addresses and telephone numbers, all electronic mail communications with the full header information, telephonic conversations, personal meetings (for personal meetings provide the date, time, location and who the meeting was with) in gathering any information pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs Family Members. In responding to this request, please include any statements YOU made to any individual as to why you were gathering information on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
REQUEST FOR PRODUCTION NO. 7: Provide any and all Subpoenas or written requests issued to gain information on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs Family Members. YOUR response to this request should contain the name of the Individual or Entity Subpoenaed or requested for information, their Address and Telephone number; records sought, date and time the Subpoena, document or information requests were served, how the subpoena or request were served and a copy of what you received or any denial thereof. RESPONSE:
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REQUEST FOR PRODUCTION NO. 8: Provide all electronic mail with full header information, and chat logs between YOU, any third party and any of the Defendants regarding any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
REQUEST FOR PRODUCTION NO. 9: Provide all documents, data compilations, and tangible things that YOU may use to support Your defenses to the claims in Plaintiffs complaint. RESPONSE:
REQUEST FOR PRODUCTION NO. 10: Provide any and all documents concerning any changes or alterations you made to any document YOU obtained or any documents in YOUR possession on Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. The documents should explicitly
depict the changes or alterations you made, by using a highlighter. RESPONSE:
REQUEST FOR PRODUCTION NO. 11: Provide
all
documents
pertaining to any and all investigations YOU conducted on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members. RESPONSE:
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REQUEST FOR PRODUCTION NO. 12: Provide any and all documents concerning and;/or pertaining to YOUR response to any inquiry or investigation by any governmental body, law enforcement agency, State Agency, or tribunal, or
any consumer group or organization, into Complaints made against or by the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
REQUEST FOR PRODUCTION NO. 13: Provide any and all documents concerning or referring to YOUR policies and procedures regarding the destruction or retention of documents, electronic data or other information. RESPONSE:
REQUEST FOR PRODUCTION NO. 14: Provide all business contracts, contracts, and/or agreements YOU have with Intelius, Inc., LexisNexis.com, LexisNexis, Inc., LexisNexis Group, Accurint, LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., ChoicePoint, Inc., Reed Elsevier, Inc., Experian, Equifax, TransUnion, Knowx and the permissible
purpose You provided and used to access the Plaintiffs data. RESPONSE:
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REQUEST FOR PRODUCTION NO. 15: Provide a copy of all data along with a complete list of all entities and individuals, their names, addresses and telephone numbers, Plaintiffs data has been provided to as well as types of data transferred and the names, title, business, address, home address and telephone number of all individuals possessing the capacity or capability for such transfer, including lists and names of all contacts with electronic mail. RESPONSE:
Provide all documents,
contracts, agreements, correspondence, and electronic data transfers YOU have with Intelius, Inc., Merlin, US Search, Confi-Chek, Inc., and any of the other named Defendants to obtain or provide information, including but not limited to personal identifying information, people finder data, personal identifiers, financial data, credit data, medical data, income data, criminal data, etc. pertaining to your customers, clients, consumers, including Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, Plaintiffs Family Members and your permissible purpose used to obtain the data. RESPONSE:
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REQUEST FOR PRODUCTION NO. 17: Provide all documentation, correspondence, contracts and agreements between YOU and Yosef Taitz, and Daylight Chemical Information Systems, Inc., or their employees, contractors, or outside vendors, their addresses and phone numbers as well as the electronic data that is shared between organizations. RESPONSE:
REQUEST FOR PRODUCTION NO. 18: Provide all licenses you hold to perform your Private Investigator functions. RESPONSE:
REQUEST FOR PRODUCTION NO. 19: Provide all searches performed by YOU with any Individual, Agency, Entity, Business, Corporation, any of the named Defendants in this lawsuit, Courts, County Records, Social Security Administration, Internal Revenue Service, Governmental or State Agency, etc. on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, Plaintiffs Family Members. RESPONSE:
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REQUEST FOR PRODUCTION NO. 20: Provide
any
and
all
complaints you have received regarding any of YOUR private investigation functions. RESPONSE:
Provide
any
and
all
documentation, correspondence, information and data, in all forms including electronically, pertaining to Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs Family Members, provided to and shared with any Affiliates; Individuals, Reporters, Websites, Blogs, RSS Feeds, business aggregates; 3rd party entities; any of the Defendants; and any other business, corporation, government entity, courts, credit reporting agencies, and/or state agencies. RESPONSE:
Produce copies of all
documents that YOU reviewed or relied upon in responding to the preceding interrogatories and Request for Admissions and copies of all documents referenced in your response to the preceding interrogatories and Request for Admissions. RESPONSE:
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Provide a complete list
with names, addresses, web addresses, and telephone numbers, along with all information received, of all entities, including third party databases utilized by YOU to obtain any type of information on Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. E.g., Departments of Public Safety, Equifax, TransUnion, Experian, ChoicePoint, Inc., LexisNexis, Tax Assessors Offices, County Records, State Records, Title Companies, Financial Institutions, etc. RESPONSE:
Provide a copy of any
document, including electronic mail with full header information and letters YOU submitted to any agency, entity or individuals regarding any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. RESPONSE:
REQUEST FOR PRODUCTION NO. 25: Provide all Internet posts made by YOU about any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs family members. RESPONSE:
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REQUEST FOR PRODUCTION NO. 26: Provide any and all documentation, Reports, Notes, Files, YOU pulled, accessed or compiled on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
REQUEST FOR PRODUCTION NO. 27: Provide any and all documents pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs family members YOU provided to any third parties, including the other Defendants. RESPONSE:
REQUEST FOR PRODUCTION NO. 28: Provide all policies, manuals, Instructions, Agreements, Contracts, Documents, or anything pertaining to YOU or The Sankey Firm, Inc.s policy regarding investigation techniques used on individuals and how the private data of any and all individuals, in which YOU investigate, is to be handled and treated. RESPONSE:
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REQUEST FOR PRODUCTION NO. 29: Provide all policies, manuals, instructions, documentation, Contracts, Agreements, business contracts, or anything pertaining to YOU and The Sankey Firms policies regarding the confidentiality of information provided on any individual or company to YOUR clients and what your process is to ensure all data remains private and confidential. RESPONSE:
Provide any and all
documentation, contracts and agreements YOU and/or The Sankey Firm entered into with any of the Defendants to this lawsuit. RESPONSE: Respectfully submitted,
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APPENDIX A
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LISA LIBERI, et al
APPENDIX A To Plaintiffs First Requests for Production of Documents: Plaintiffs requested electronically Stored Information Production Format Pursuant to Fed. R. Civ. P. 34(b), Plaintiffs may specify the form or forms in which electronically stored information [ESI] is to be produced. As such,
Plaintiffs request that all ESI be produced in native format, together with an imaged file with the corresponding image load file, OCR text file, and the associated metacontent of the database. The key concepts are explained below: 1. Native: the format in which the electronically stored information was
originally created (e.g., Microsoft Word, Microsoft Excel, Miscrosoft Access); a
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file path to the native file shall be provided in the metacontent of the database as described in more detail below. 2. Imaged: a TIFF or PDF image converted from the native file as it was
originally created; a. All images shall be black and white; b. Bates numbers shall be branded to the images so that the numbers print; c. Images shall be single page TIFFs or one TIFF file for each page (not one TIFF file for each document); 3. Image Load Files: A load file in a standard load format (e.g., ascii,
dii, Opticon) shall be provided which provides: a. b. c. The document number for each image; The full path name(s) of each TIFF that represents an image; The document boundaries for each document or family member grouping consisting of the following: (i) Each record, including the last record should be terminated with a carriage return or carriage return/line feed pair. (Note that the first record for any given document indicates that fact by flagging column 4, and lists the total number of pages in column 7);
d.
The load file shall be in the order that appropriately corresponds with each image file; and
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e.
The following represents the format of a standard load file:
Bates,CD_VOL,PATH_to_image,Doc_Break,Folder_Break,Box Break,Total_Pages. M_0100000,06150101,D:/06150101/0000/0001.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0002.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0003.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0004.TIFF,Y,,,2 M_0100000,06150101,D:/06150101/0000/0005.TIFF,,,, M_0100000,06150101,D:/06150101/0000/0006.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0007.TIFF,Y,,,4 M_0100000,06150101,D:/06150101/0000/0008.TIFF,,,, M_0100000,06150101,D:/06150101/0000/0009.TIFF,,,, M_0100000,06150101,D:/06150101/0000/00010.TIFF,,,,
4.
OCR Text File: An OCR text file which corresponds to each imaged
document shall be provided as follows: a. One OCR text file for each imaged page, not one OCR text file for each imaged document; OCR text located in the same directory as the images; OCR text files should be in ascii format; Lines and breaks in the original imaged document will be preserved and lines shall be separated by line feeds or CR-LF pairs; and The OCR file name should be the same as the name of the image file, followed by .txt.
b. c. d.
e.
5.
Associated Metacontent of the Database:
a database shall be
provided that extracts data into fields in a database load file, and also includes a
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file path link to the native file. The fielded data should adhere to the following parameters if at all possible: a. Avoid escape characters, carriage return/line feed combinations, embedded separators and embedded carriage returns in all fielded data; Bates number fields cannot contain spaces or the / \ characters; In standard data files use the vertical bar | to separate fields and ^s to delimit the fields; All data types should be delimited, not just text; Multi-value fields should use semi-colons ; as their separator; Data cannot contain tabs or carriage returns; Each record including the last record should be terminated with a carriage return or carriage return/line feed pair; The preferred date format is MM-DD-YYYY; The data file should contain a header; and The following is a sample data file:
b. c.
d. e. f. g.
h. i. j.
^FirstBates^|ÊndBates^|^BergAttach^|ÊndAttach^|Âuthor^|^Recipient^|^Date^ ^FJL_0014977^|^FJL_0014975^|^FJL_0015120^|^Hedberg,David^|^None^ |^None^|^01/21/1992^ ^FJL_0014978^|^FJL_0014978^|^FJL-0014975^|^Sheehan,Virgil;Columbo, Joseph^|^None^|^09/27/1991^|
6.
Exception Files: All files that cannot be produced or imaged due to
technical difficulties shall be identified as exception files and identified on a log listing the files name, custodian, and reason for the exception. Common
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exception files include, without limitation, corruption, password protection, digital rights management, or proprietary software associated to the file.
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APPENDIX B
23
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LISA LIBERI, et al
APPENDIX B To Plaintiffs First Requests for Production of Documents: ESI Guidelines These Guidelines are intended solely to facilitate the production of Electronically Stored Information [ESI] pursuant to the Federal Rules of Civil Procedure, to avoid misunderstandings concerning ESI, and to highlight good-faith disagreements about ESI so that they may be promptly resolved. They are not intended to expand (or contract) counsels obligations under the Federal Rules of Civil Procedure or applicable local rules or court orders.
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1.
What ESI Is. ESI includes: e-mail; text messaging (corporate and
internet based); voice messaging systems; electronic files stored on servers, desktops, laptops, and other removable media; and electronic data stored in databases. 2. Email Collection. During collection of e-mail the complete mailbox
should be captured. This includes sent folders, deleted folders, archived folders, and all other folder structures within a mailbox. 3. Purging Systems. Self-purging or sweep-and-keep policies are
often implemented on an organizations e-mail system. A self-purging system automatically deletes e-mail messages located in specific folders after a certain number of days. Sweep-and-keep systems collect and retain all incoming or
outgoing e-mail, regardless of content. Self-purging systems should be deactivated if they are in violation of the litigation hold. Sweep-and-keep systems need not be deactivated, but steps should be taken to ensure that the swept and kept e-mail is collected as part of the collection of e-mail generally. 4. Locations of ESI. All network servers, desktops and laptops,
removable media (e.g., hand held devices, iPods, thumb or flash drives, external hard drives, tape, CD or DVD) containing ESI should be considered during collection. In addition, counsel should not overlook these locations for ESI: Remote Locations. Branch, satellite, or subsidiary offices.
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Internal Websites. Often organizations implement internal or intranet websites, which, of course, contain ESI. Third Party Storage. Off-site or third-party data storage either in physical removable media or real-time data hosting/archive (e.g., email archival services provided by SANTAZ, Inc. or Iron Mountain Incorporated). Personal Computers. Employees or contractors personal computers often contain EFS. Former Employees. ESI from transferred or past employees may have been moved from a shared location to a separate employee archive location. Old Systems. Decommissioned or old computer systems no longer in use may contain ESI and should also be considered during collection.
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LISA LIBERI, et al,
Request for Production of Documents propounded upon Defendant Todd Sankey were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
24
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James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com Attorney for Defendants: Reed Elsevier, Inc., LexisNexis Group, Inc., LexisNexis, Inc., LexisNexis Risk and Information Analytics Group, Inc., LexisNexis Risk Solutions, Inc., Seisint, Inc. d/b/a Accurint, 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 Attorney for Defendant Intelius, Inc.
_______________________
Philip J. Berg, Esquire
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EXHIBIT 8
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LISA LIBERI, et al,
PLAINTIFFS REQUEST FOR ADMISSIONS TO DEFENDANT TODD SANKEY SET ONE PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 26 and 36, you are hereby notified and required to respond to the following Request for Admissions propounded by Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel Global, Philip J. Berg, Esquire and The Law Offices of Philip J. Berg [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
1
Liberi, et al Plaintiffs RFA propounded on Todd Sankey
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INSTRUCTIONS
Defendant Todd Sankeys Responses to these Requests for Admissions shall specifically admit or deny each separately stated matter, or set forth in detail the reasons why Todd Sankey cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested Admission, and when good faith requires that Todd Sankey qualify its answer or deny only a part of the matter of which an admission is requested, Todd Sankey shall specify so much of it as is true and qualify or deny the remainder. Todd Sankey may not give lack of information or knowledge as a reason for failure to admit or deny unless Todd Sankey states that they made reasonable inquiry and that the information known or readily obtainable by them is insufficient to enable him to admit or deny. If in responding to these Requests for Admission Todd Sankey considers that a matter of which an admission has been requested presents a genuine issue for trial, he may not on that ground alone object to the Request. Defendant Todd Sankey is further advised that each matter hereinafter set forth will be deemed admitted by them unless, within thirty [30] days after being served therewith they serve upon Plaintiffs counsel their written answer or objection addressed to the matter and signed by Todd Sankey or their attorney. Further, if said Defendant denies any matter herein sought to be admitted and Plaintiff later proves a document to be genuine or the matter true, Plaintiff may
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move that the party who failed to admit pay his reasonable expenses, including Attorney's Fees, incurred in making that proof. Finally, Defendant Todd Sankey is advised that Rule 37(a)(4) of the Federal Rules of Civil Procedure provides that an evasive or incomplete response to any of the following Requests will be treated as a failure to respond for purposes of compelling discovery and/or seeking sanctions in Court. DEFINITIONS Notwithstanding the specific definitions below, each word, term, or phrase used in these Requests should be given their most expansive and inclusive meaning. As used: a) "Plaintiffs shall mean Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel
Global, Philip J. Berg, Esquire, The Law Offices of Philip J. Berg, and Plaintiffs Spouses, Children and Family Members. b) c) d) Defendant" shall mean Defendant Todd Sankey. "Incident" shall mean as defined in the Complaint. Customer(s) shall mean people who hire and utilize Defendant
Todd Sankeys investigation services; e) Employee(s) shall mean any person employed by you or acting as
an agent for you.
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f)
You or your means the person or entity responding to these
Interrogatories and any present or former employees, agents, consultants or other person acting or purporting to act on behalf of such person or entity. g) "Document(s)" shall mean any writings of any kind and shall include
the original and each non-identical copy or draft thereof. The term has the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001as including, but not limited to, any electronically stored data, databases, documents, and electronic communication (such as E-mail), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has been produced. A copy or duplicate of a document that has any conforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which
information is recorded or transmitted including, but not limited to, electronic Email, Internet, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer discs, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information. For each "document" responsive to any
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request withheld from production by you on the ground of any privilege, please state: (i) (ii) (iii) (iv) (v) (vi) The nature of the document (e.g., letter, memorandum, contract, etc.); The identity of the person(s) preparing it and of the sender(s); Its title or, if it has no title, a description of the general nature of its subject matter; The identity of the addressee(s), if any; The date the document was authored, sent, and/or received; Location of the original, or, if there is no original, the location of all copies, and identity of present custodian; and
(vii) Whether the document is claimed to be privileged; if you claim the document is privileged, the reason such document is allegedly privileged. h) "Person(s)" means any human being, any firm, affiliate, joint venture,
intercourse, including without limitation inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations,
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letters, notes, telegrams, newspaper or magazine articles, advertisements, and other documents as previously defined. j) People Finder data shall mean Downloadable computer software,
namely collaboration software, for the facilitation, analysis and evaluation of consumer and people data, knowledge and processes, including but not limited to software utilized to pull social profiling of consumer and people data, financial data, credit data, personal identifying data, including but not limited to names, Social Security numbers, ages, dates of birth, addresses, home valuations, income, etc., age data, educational data, criminal data, health care data, medical data, children data, etc. k) Electronic Data shall mean any and all data contained within any of
Todd Sankey database systems and servers pertaining to consumers, clients, people, businesses, etc. l) Electronic Mail shall mean all e-mails sent and received with the
full header information. m) "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person." n) "Identify" or to give the "identity" of shall mean: A. in the case of a natural person, to state:
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(i.) Any and all names, legal, trade or assumed; (ii.) Last known home and business addresses and telephone numbers; (iii.) All telephone and tele-fax numbers used; (iv.) All websites owned and used; (v.) All Email addresses owned and used; (vi.) Employer or business affiliation; (vii.) Occupation and business position (including title) held; (viii.) Employer's name, address, phone number and the employer's relationship to any and all Defendants in the above captioned action; and, if applicable: (ix.) Brand, make, manufacturer's name, address, phone number and the manufacturer's relationship to any and all Defendants in the above captioned action; B. In the case of an oral statement of communication, to state: (i.) The identity of the maker(s) and recipient(s) of the oral statement or communication; (ii.) Where and when the oral statement or communication was made; (iii.) The identities of all persons present when the oral statement or communication was made; (iv.) The mode of communication; and (v.) The subject matter of the oral statement or communication. C. In the case of an act or omission, to state:
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(i.) A detailed description of the act or omission; (ii.) The date when it occurred; (iii.) The place where it occurred; (iv.) The identity of the person or persons performing such acts, or in the case of an omission, the identity of the person or persons failing to act; and (v.) The identity of all persons who have knowledge of the act or omission. D. In the case of a photograph or photographic reproduction, to state: (i.) The identity of the photograph or person responsible for the making of the photographic reproduction; (ii.) The number of photographs taken or photographic reproductions made; (iii.) When and where the photographs were taken or the photographic reproductions were made; (iv.) The subject matter depicted in each photograph or photographic reproduction; and (v.) The identity of each person who has possession, custody, or control of each photograph or photographic reproduction. h. The phrase "relates to," "relating to," or "in relation to" means to
alteration, deletion, inquiry into, modification or other change to the credit report
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or profile as maintained in recorded form, in the broadest sense, by "you". The listing should include the identity, address, employer and title of the person(s) taking the action, the identity, address, employer and title of the person(s) authorizing the action, a detailed explanation of the action taken, the date of the action, the means used to effect such action, the location of origin of the action and the reason the action was taken. The term "audit trail" also includes the definition provided for the phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion Letter, March 10, 1983. j. "Data" means the physical symbols in the broadest sense that
apparatuses, including hardware, software, and other databanks, that can store, retrieve, access, update, combine, rearrange, print, read, process or otherwise alter data whether such data maintained in that device or at some other location. The term "computer" includes any and all magnetic recordings or systems, systems operating on or maintaining data in digital, analog, or hybrid format, or other mechanical devices, or other devices capable of maintaining writings or recordings, of any kind, in condensed format, and includes any disk, tape,
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recording, or other informational source, regardless of its physical dimension or size. l. "Format" means the general makeup or general plan of
give the reason for or cause of, and to show the logical development or relationships thereof. n. o. "Describe" means to represent or give an account of in words. User means any person or computer which interacts with a
overall design and operating objectives for the security, continuity and control of your consumer database. r. Consumer Database is intended to mean Todd Sankeys entire
consumer network, including but not limited to text files made, file purge, file reorganization mode, all operator preamble, identification and password modes,
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and all other single or overlaying programs, applications and/or systems and does include, but is not limited to the main operating system. REQUEST FOR ADMISSIONS:
REQUEST FOR ADMISSION NO. 1: Admit YOU were aware and allowed Neil Sankey to use YOUR log in credentials to access Plaintiffs People Finder data and Personal Identifiers through the Reed Defendants (Reed Defendants includes Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc.) and Defendant Intelius, Inc. without any type of permissible purpose or legal entitlement.
REQUEST FOR ADMISSION NO. 2: Admit YOU have accounts with Confi-Chek, U.S. Search, Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc.)
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REQUEST FOR ADMISSION NO. 3: Admit YOU were aware and allowed Neil Sankey to use YOUR log-in credentials and obtain Plaintiffs financial records, credit records, employment records, medical records and other records from Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc. without a permissible purpose or any type of legal entitlement.
REQUEST FOR ADMISSION NO. 4: Admit Neil Sankey is not a licensed Private Investigator for the Sankey Firm.
REQUEST FOR ADMISSION NO. 5: Admit YOU are the owner and operator of The Sankey Firm, Inc.
REQUEST FOR ADMISSION NO. 6: Admit YOU were aware and assisted Neil Sankey in filing false allegations about the Plaintiffs with State and Federal Agencies, including probation departments.
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REQUEST FOR ADMISSION NO. 7: Admit Neil Sankey used YOUR office, YOUR telephone number, YOUR Company, The Sankey Firm, and YOUR log-in credentials to obtain the People Finder data, financial data, sealed court documents, medical data, and Personal Identifiers of the Plaintiffs.
REQUEST FOR ADMISSION NO. 8: Admit YOU accessed and obtained the People Finder data, Personal Identifiers, Credit Reports, Financial Reports, Sealed Court Documents and other documents on the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family members through Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.;
LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc., without any type of permissible purpose or legal entitlement and provided Plaintiffs data to the other Defendants, including but not limited to Neil Sankey
REQUEST FOR ADMISSION NO. 9: Admit Neil Sankey has portrayed himself as a Private Investigator for The Sankey Firm.
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REQUEST FOR ADMISSION NO. 10: Admit YOU were aware Neil Sankey sent an email to Reporter Bob Unruh with World Net Daily, from the Sankey Firm, about Plaintiff Lisa Liberi that contained Plaintiff Liberis full Social Security number, date of birth, spouses name and Social Security number and other private data.
REQUEST FOR ADMISSION NO. 11: Admit the California Bureau of Security and Investigative Services restricts Private Investigators from accessing and obtaining a person(s) full Social Security number and other private identifying information for the purpose of publishing to harm the individual(s).
REQUEST FOR ADMISSION NO. 12: Admit YOU were aware and allowed Neil Sankey to utilize YOUR log in credentials and obtain information from the California Department of Motor Vehicles, other person(s), agencies and entities, including the other Defendants, on the Plaintiffs based on false pretenses.
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REQUEST FOR ADMISSION NO. 13: Admit YOU have created irreversible harm and damages to Plaintiffs by disseminating erroneous information; their People Finder Data and their Personal Identifiers to an immeasurable amount of people and businesses.
REQUEST FOR ADMISSION NO. 14: Admit YOU did not have any permissible purpose or legal entitlement to any information regarding any of the Plaintiffs.
REQUEST FOR ADMISSION NO. 15: Admit YOU are unable to demonstrate how many people have received Plaintiffs private personal identifying information and incorrect information because of the nature of the internet and the numerous ways it was repeatedly posted on the Internet and sent out by Defendant Orly Taitz.
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REQUEST FOR ADMISSION NO. 16: Admit YOU were aware Neil Sankey falsely accused Plaintiff Lisa Liberis husband of being a parolee and diverting funds from Philip J. Berg, Esquires website.
REQUEST FOR ADMISSION NO. 17: Admit YOU were aware and allowed Neil Sankey to use YOUR log-in credentials and YOUR resources to assist Defendant Orly Taitz in harming and causing damages to the Plaintiffs.
REQUEST FOR ADMISSION NO. 18: Admit LexisNexis (Reed Elsevier, Inc.) cancelled YOUR subscription in or about 2010 to their products due to abuse.
REQUEST FOR ADMISSION NO. 19: Admit YOU never reported to law enforcement the misuse of Plaintiffs People Finder Data and Personal Identifier data that Neil Sankey through YOU and the Sankey Firm, obtained and provided to Defendant Orly Taitz and the other Defendants and allowed Defendant Orly Taitz to distribute Plaintiffs data all over the Internet, through mass emailing, mass mailing, etc.
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REQUEST FOR ADMISSION NO. 20: Admit YOU were aware and allowed Neil Sankey to use your log-in credentials and access and pull sealed documents including, but not limited to sealed court documents pertaining to the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members.
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LISA LIBERI, et al,
Request for Admissions propounded upon Defendant Todd Sankey were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
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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 Attorney for Defendant Intelius, Inc. James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com 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.
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EXHIBIT 9
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LISA LIBERI, et al,
PLAINTIFFS INTERROGATORIES ADDRESSED TO DEFENDANT THE SANKEY FIRM, INC. SET ONE PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 33, you are hereby notified and required to respond to the following Interrogatories propounded by Plaintiffs Lisa Liberi, Lisa Ostella and Go Excel Global [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
Liberi, et al Plaintiffs Interrogatories propounded on The Sankey Firm, Inc.
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You are further placed on notice, pursuant to Fed. R. Civ. P. 26(e), that these Interrogatories are deemed continuing, requiring supplemental responses thereto in the event requested information become available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you.
INSTRUCTIONS
1.
In answering these Interrogatories, please furnish all information
which is available to you, including, without limitation, all information in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such information as is in your possession. 2. If you cannot respond to any of the following Interrogatories in full,
after exercising due diligence to secure information to do so, please so state, and respond to the extent possible, specifying all reasons why you are unable or unwilling to respond to the remainder, stating whatever information you have concerning the unproduced information, and what efforts you made to secure information sufficient to allow you to respond fully to the particular Interrogatory. 3. Although one or more of the following Interrogatories may not appear
to be applicable to or directed to you, please respond to each and every one of them to the extent that you are able to provide any response thereto whether such
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response consists of information within your own knowledge or what you have obtained from others. 4. However, for every response in which you include information
received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such information. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the information for which you cannot vouch. 5. Further, these Interrogatories contain words or phrases which require
you to refer to the "Definitions" section of this document provided herein below. 6. Unless otherwise stated, each Interrogatory pertains to the time period
beginning January, 2008, through the present date. Thus, your responses should be fully answered as they pertain to information within that time frame. 7. Further, each Interrogatory should identify the appropriate time frame,
if your response requires same. 8. If objection is taken to any of the following Interrogatories or if any
Interrogatory will not be complied with in full, please state the specific grounds therefore, including in detail all that you have done in order to try and comply therewith, and comply with such Interrogatory to the extent to which there is no objection. If privilege is alleged as to any documents or communications, fully identify the documents or communications for which privilege is asserted and
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explain in detail the grounds of such privilege; and without limitation, such identification and explanation shall set forth at the least the following: a) The names of the author(s) and addressee(s) or recipient(s) of the document; The name(s) of the person(s) to who copies were sent or who were present during any part of the communication; The date of the document or communication; The date on which the document was received by those having possession of the document; A brief description of the nature and subject matter of the document or communication; and The statute, rule, or decision that is claimed to give rise to the privilege.
b)
c) d)
e)
f)
9.
In accordance with Fed. R. Civ. P. 26(e), this First Set of
Interrogatories to Defendant shall be deemed continuing so as to require supplemental answers if the party responding to these Interrogatories or his/her/their attorneys obtain further information between the time of compliance and at the time of trial. 10. Whenever appropriate, the singular form of a word also shall be
interpreted to include the plural. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of any request, any information that might otherwise be construed to be outside its scope.
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"His" shall be interpreted to include "her" and its," and is not intended to be exclusive or gender-specific. 11. In responding to these Interrogatories, you shall produce all
responsive documents which are in your possession, custody, or control or in the possession, custody, or control of your predecessors, successors, parents, subsidiaries, divisions, or affiliates, or any of your respective directors, officers, managing agents, agents, employees, attorneys, accountants or other
representatives. A document shall be deemed to be within your control if you have the right to secure the document or a copy of the document from another person having possession or custody of the document. 12. If any documents or parts of documents called for by these
Interrogatories have been destroyed, discarded, or otherwise disposed of, you should provide a list setting forth as to each such document the following information: a. b. The nature of the document, e.g., letter, memorandum, telegram, etc.; The name address, occupation, title and business affiliation of each person who prepared, received, viewed, and has or has had possession, custody, or control of the document; The date of the document; A description of the subject matter of the document; The date of destruction or other disposition;
c. d. e.
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f. g.
A statement of the reasons for destruction or other disposition; The name, address, occupation, title and business affiliation of each person who authorized destruction or other disposition; The name, address, occupation, title and business affiliation of each person who destroyed or disposed of the document; and The Interrogatory to which the document is responsive.
h.
i.
DEFINITIONS 1. a) As used herein: "Plaintiffs shall mean Plaintiffs Lisa Liberi, Lisa Ostella, Philip J.
Berg, Esquire, Go Excel Global and the Law Offices of Philip J. Berg; Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. b) c) d) Defendant" shall mean Defendant The Sankey Firm, Inc. "Incident" shall mean as defined in the Complaint. Customer(s) shall mean people who purchase products from The
Sankey Firm, Inc. and/or its affiliates. e) Employee(s) shall mean any person employed by You or acting as
an agent for You. f) You or your means the person or entity responding to these
Interrogatories and any present or former employees, agents, consultants or other person acting or purporting to act on behalf of such person or entity.
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g)
"Historical Records" shall include all documents relating to the
formation of The Sankey Firm, Inc., all minutes of partners', general partners', or other owners' meetings, and all documents relating to the Sankey Firms merger with, acquisition of or purchase, or sale of or by any other company. h) "Document(s)" shall mean any writings of any kind and shall include
the original and each non-identical copy or draft thereof. The term as the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001as including, but not limited to, any electronically stored data, databases, documents, and electronic communication (such as E-mail), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has been produced. A copy or duplicate of a document that has any conforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which information is recorded or transmitted including, but not limited to, electronic email, Internet, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer discs, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information. For each "document" responsive to any
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(vii) Whether the document is claimed to be privileged; if you claim the document is privileged, the reason such document is allegedly privileged. i) "Person(s)" means any human being, any firm, affiliate, joint venture,
institution, corporation, sole proprietorship, limited partnership, partnership, association, group of human beings, other legal or de facto entity, or corporation, of whatever kind, or any other business or governmental entity of any character whatsoever, together with the partners, trustees, officers, directors, employees, or agents thereof. j) "Communication" shall mean all forms of written or verbal
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letters, notes, telegrams, newspaper or magazine articles, advertisements, and other documents as previously defined. k) Electronic Data shall mean any and all data contained within any of
The Sankey Firm, Inc.s database systems, computers, hard-drives, removable storage devises, e.g. cell phones, jump drives, and servers pertaining to consumers, clients, people, businesses, etc. l) "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person". m) "Identify" or to give the "identity" of shall mean: A. In the case of a natural person, to state: (i.) Any and all names, legal, trade or assumed; (ii.) Last known home and business addresses and telephone numbers; (iii.) All telephone and tele-fax numbers used; (iv.) All websites owned and used; (v.) All email addresses owned and used; (vi.) Employer or business affiliation; (vii.) Occupation and business position (including title) held; (viii.) Employer's name, address, phone number and the employer's relationship to any and all Defendants in the above captioned action; and, if applicable:
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(ix.) Brand, make, manufacturer's name, address, phone number and the manufacturer's relationship to any and all Defendants in the above captioned action; B. In the case of an oral statement of communication, to state: (i.) The identity of the maker(s) and recipient(s) of the oral statement or communication; (ii.) Where and when the oral statement or communication was made; (iii.) The identities of all persons present when the oral statement or communication was made; (iv.) The mode of communication; and (v.) The subject matter of the oral statement or communication. C. In the case of an act or omission, to state: (i.) A detailed description of the act or omission; (ii.) The date when it occurred; (iii.) The place where it occurred; (iv.) The identity of the person or persons performing such acts, or in the case of an omission, the identity of the person or persons failing to act; and (v.) The identity of all persons who have knowledge of the act or omission. D. In the case of a photograph or photographic reproduction, to state: (i.) The identity of the photograph or person responsible for the making of the photographic reproduction;
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(ii.) The number of photographs taken or photographic reproductions made; (iii.) When and where the photographs were taken or the photographic reproductions were made; (iv.) The subject matter depicted in each photograph or photographic reproduction; and (v.) The identity of each person who has possession, custody, or control of each photograph or photographic reproduction. h. The phrase "relates to," "relating to," or "in relation to" means to
alteration, deletion, inquiry into, modification or other change to the credit report or profile as maintained in recorded form, in the broadest sense, by "you". The listing should include the identity, address, employer and title of the person(s) taking the action, the identity, address, employer and title of the person(s) authorizing the action, a detailed explanation of the action taken, the date of the action, the means used to effect such action, the location of origin of the action and the reason the action was taken. The term "audit trail" also includes the definition provided for the phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion Letter, March 10, 1983.
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j.
"Data" means the physical symbols in the broadest sense that
apparatuses, including hardware, software, and other databanks, that can store, retrieve, access, update, combine, rearrange, print, read, process or otherwise alter data whether such data maintained in that device or at some other location. The term "computer" includes any and all magnetic recordings or systems, systems operating on or maintaining data in digital, analog, or hybrid format, or other mechanical devices, or other devices capable of maintaining writings or recordings, of any kind, in condensed format, and includes any disk, tape, recording, or other informational source, regardless of its physical dimension or size. l. "Format" means the general makeup or general plan of
give the reason for or cause of, and to show the logical development or relationships thereof. n. "Describe" means to represent or give an account of in words.
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o.
User means any person or computer which interacts with a
overall design and operating objectives for the security, continuity and control of your consumer database. TIME PERIOD Unless otherwise stated, all Interrogatories and Documents requested are for the period of time from January 1, 2008 through the date of response or production and include within their scope Information and Documents which refer or relate to all or any portion of that period. Answers and Documents fall within this time period if they reflect policies and/or practices in effect during the time period, even if the documents were written or created before the relevant time period.
INTERROGATORIES: INTERROGATORY NO. 1: Identify the names, addresses and telephone numbers of all persons who supplied information responsive to these Interrogatories. ANSWER:
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INTERROGATORY NO. 2: State your exact legal name, the registered agent for service of process, the officers and the directors. Please provide the name(s) stated in the current Articles of Incorporation; all other names used by the Corporation during the past ten [10] years and the dates each was used; the date and place of incorporation; the address of the principal place of business; and the name, address and telephone number of the Custodian of Records. ANSWER:
INTERROGATORY NO. 3: Identify the names, addresses and telephone numbers of all persons who have personal knowledge of any of the facts, events, or matters that are alleged in Plaintiffs Complaint, your Answer, anticipated answer and/or defenses thereto and describe and explain your understanding of the matters on which the persons named have knowledge. ANSWER:
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INTERROGATORY NO. 4: If you are not a corporation, please identify all persons or other entities with an ownership interest in you. And, if you are not a Corporation, please state the address where the Historical Records of this Defendant are currently located; and the name, job title and current address of the Custodian for your Historical Records. ANSWER:
INTERROGATORY NO. 5: If you contend that any person, business, corporation or entity, by reason of an act or omission or otherwise, caused or contributed to the injuries suffered by Plaintiffs, as outlined in Plaintiffs Complaint, identify each such person, business, corporation or entity or company by name, address and telephone number, and explain the basis for this contention, including the identity of all documents and/or witnesses that support your claim. ANSWER:
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INTERROGATORY NO. 6: Please provide in detail every data broker, credit reporting agency, consumer reporting agency, private investigation agency, or any other agency, including those you have data sharing, electronic feeds, data bots, data-sharing agreements, any personal source access including any under the GLB Act utilized by you, Todd Sankey, privateinvestigation.com, Neil Sankey, and Sankey Investigations, Inc., including but not limited to name, address, telephone number, the date, web address, Email address, information provided and received, the permissible purpose used to secure the information, and user name for you, Todd Sankey, Sankey Investigations, Inc. and Neil Sankey used to obtain or provide any type of report, documentation or information pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. Please provide a copy of the same. ANSWER:
INTERROGATORY NO. 7: Provide a list of all individuals, businesses, 3rd parties, including data broker companies, credit reporting agencies, consumer reporting agencies, state entities, entities, governmental agencies or entities, employers, etc., names, addresses, and
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telephone numbers that Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members personal identifiers and personal data have been provided, furnished, sold and/or resold to by you, Neil Sankey, Sankey Investigations, Inc., Todd Sankey and privateinvestigaiton.com, including Email with full header information, data transfers, types of data transferred and the names, title, business address, home address and telephone number of all individuals possessing the capacity or capability for such transfer, including lists and names of authorized outside users of electronic mail. ANSWER:
INTERROGATORY NO. 8: State whether deletion utility programs are or were used on any of your databases, servers, or computer systems during the relevant time period of this litigation, including but not limited to the name of the program(s) and the dates the program was used to permanently delete files. ANSWER:
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INTERROGATORY NO. 9: State whether any computer hardware has been upgraded during the relevant time period of this litigation, and describe the type of upgrade and whether the replaced parts were retained, if so the address and telephone number of where the parts are located, as well as their connectivity and interface between the computer systems. ANSWER:
INTERROGATORY NO. 10: Identify any databases, computer systems and computer drives that were erased or reformatted during the relevant time period of this litigation, the date the computer drives were erased or reformatted, the reason the drives were erased or reformatted, and whether they were backed up. ANSWER:
INTERROGATORY NO. 11 Did you have in effect any type of insurance for the period of time beginning January 1, 2008, which you, Neil Sankey and/or Todd Sankey were or might be insured in any manner (for example errors and omissions coverage, professional
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liability coverage, excess liability coverage, etc.) for the damages, claims and actions that have arisen out of the Incident? If so, please state the kind of
coverage; the name and address of the insurance company; the name address and telephone number of each named insured; the policy number; the limits of coverage for each type of coverage contained in the policy; the limits of coverage for each type of coverage contained in the policy; whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; the name, address and telephone number of the custodian of the policy; and provide a copy of said policy. ANSWER:
INTERROGATORY NO. 12: Identify the current and present persons, including their names, addresses and telephone numbers, responsible for the ongoing operations, maintenance, expansion, archiving and upkeep of each database, computer system, hard-drives, network, Access Programs, and Information Protection Architecture in use by you, Neil Sankey, Sankey Investigations, Inc., Todd Sankey and
privateinvestigation.com and time in that position. ANSWER:
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INTERROGATORY NO. 13: Provide the name, employer, title, business address, home address and telephone numbers of each person responsible for the day-to-day tasks of backing up files and archiving files and data compiled in paper format, computer hard drives, databases, etc. containing and including any data belonging to the Plaintiffs during the relevant time period of this litigation as well as any record retention and destruction policies and procedures. ANSWER:
INTERROGATORY NO. 14: Please provide all usernames, accounts, user agreements, authorizations, and contracts you have/had with Orly Taitz, The Law Offices of Orly Taitz, Orly Taitz, Inc., Defend our Freedoms Foundations, Inc., Intelius, Inc., U.S. Search, Talentwise, Zabbasearch.com, KnowX, Confi-Chek, Inc., LexisNexis.com, LexisNexis Group, Accurint, ChoicePoint, Inc., LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., Reed Elsevier, Inc. or any of their affiliates, Equifax, Experian, TransUnion, and any other names utilized by any of the Defendants from January 1, 2008 until the date which these Interrogatories are answered. ANSWER:
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INTERROGATORY NO. 15: State your procedures designed to assure the maximum possible accuracy of the information you received on individuals, including Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members; the confidentiality of the materials and your procedures to ensure your clientele maintain the material and information obtained on a person, individual or business is maintained confidential. In answering this Interrogatory, please explain how you receive the data, how the information is/was associated with Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members. ANSWER:
INTERROGATORY NO. 16: Have you, Neil Sankey, Todd Sankey or any employee or aggregate and/or a 3rd party of any kind, conducted any type of surveillance on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members? If so, as to each surveillance, state the name, address, telephone number, employment name, address, telephone number of each person who conducted the surveillance, date and time of the surveillance, type of surveillance, location of the surveillance, the Plaintiff in which the surveillance was conducted on, whether any photographs
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or videotapes were conducted or taken during the surveillance, the location of any such photographs, videotapes, and reports or other documents that were created or made as a result of any surveillance; and provide a copy of the same.
ANSWER:
INTERROGATORY NO. 17: Please describe in detail any conveyance of, transfer of, or if you sold any real property, recreational vehicles; bank accounts; certificate of deposits; retirement accounts; vehicles of any type; land; financial accounts of any type; or any other tangible or valuable item from May 4, 2009 through the date you answer these Interrogatories. Your response should include the date, the legal description, the amount of sale, the name, address and telephone number of the person or business entity, legal or otherwise, the item(s) were transferred, conveyed or sold to.
ANSWER:
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INTERROGATORY NO. 18: Identify all correspondence and/or documents that refer or relate to any correspondence or communication between you and any other person relating or referring to the facts, acts, events, or matters alleged in Plaintiffs Complaint, or your Answer, anticipated answer and/or defenses thereto. ANSWER:
INTERROGATORY NO. 19: For each paragraph of Plaintiffs Complaint which you deny the allegations, assert an Affirmative or Special Defense, please describe and explain any facts supporting each denial, Affirmative Defense or Special Defense, state the name, address and telephone number of all persons who have knowledge of the facts; and list any documents which you believe may support each denial, Affirmative Defense, Special Defense and/or Facts. ANSWER:
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INTERROGATORY NO. 20: List all websites, forums, blogs, bulletin boards, etc. owned and operated by you. Your response must include the name, website, Internet web address, Email addresses, hosting company, etc. ANSWER:
INTERROGATORY NO. 21: Provide the business nature and dealings of you, Neil Sankey, Sankey Investigations, Inc., Todd Sankey, privateinvestigation.com or any other name with Orly Taitz, Yosef Taitz, Orly Taitz, Inc., Law Offices of Orly Taitz, Defend our Freedoms Foundations, Inc., Appealing Dentistry, Daylight Chemical Information Systems, Inc., including all contracts, any private investigation documentation, and business agreements as well as the electronic data that is shared between the parties listed, types of data transferred and the names, title, business, address, home address and telephone number of all individuals possessing the capacity or capability for such transfer, including lists and names of authorized outside users of electronic mail. Please provide all documentation and/or information pertaining to any contract, information sharing, Email exchanges with full header information, business agreements, private investigation agreements, etc. ANSWER:
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INTERROGATORY NO. 22: Describe each computer, database. computer network or file sharing system, usernames and accounts, that contain Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs family members data in use during the relevant time period of this litigation. Your description should include, but is not limited to remote access permissions from affiliates/colleagues including but not limited to electronic mail and applications. ANSWER:
INTERROGATORY NO. 23: Is the Sankey Firm, any of its employees, Neil Sankey or Todd Sankey bonded? If so, please state the employees name, address, Job Title, Job functions, and date of employment; please provide the amount of each bond by you, Todd Sankey, Neil Sankey and each employee, the name the bonds are under and where the bonds can be located. ANSWER:
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INTERROGATORY NO. 24: Have you, any of your employees, Todd Sankey, privateinvestigation.com, Neil Sankey or Sankey Investigations ever been denied or cancelled any subscription or accounts for any reason with Intelius, Inc., LexisNexis.com, LexisNexis, Inc., Accurint, LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., LexisNexis Group, ChoicePoint or any other data broker, if so, please provide whether it was you, Todd Sankey, Neil Sankey, or another employee, the employees full name, address and telephone number, the full name, address, telephone number of the entity who cancelled the account or refused an account, reason for termination or reason for refusal of an account, the date of cancellation, termination or refusal and the reasons and circumstances relating to the cancellation, termination or refusal.
______________________________ Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 Email: philjberg@gmail.com Attorney for Plaintiffs
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LISA LIBERI, et al,
Interrogatories propounded upon Defendant The Sankey Firm, Inc. were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
Marc Steven Colen, Esquire Law Offices of Marc Steven Colen 5737 Kanan Road, Suite 347 Agoura Hills, CA 91301 Email: mcolen@colenlaw.com Signature Confirmation: 2308 3250 0000 5244 8192 Attorney for Defendants: Neil Sankey; Todd Sankey; Sankey Investigations, Inc. and The Sankey Firm, Inc.
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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 Attorney for Defendant Intelius, Inc. James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com 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.
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EXHIBIT 10
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LISA LIBERI, et al,
PLAINTIFFS REQUEST FOR PRODUCTIONS ADDRESSED TO DEFENDANT THE SANKEY FIRM SET ONE
PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 26 and 34, you are hereby notified and required to respond to the following Request For Production of Documents propounded by Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel Global, Philip J. Berg, Esquire and The Law Offices of Philip J. Berg [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
Liberi, et al Plaintiffs Request for Production of Documents propounded on The Sankey Firm, Inc.
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You are further placed on notice, pursuant to Fed. R. Civ. P. 26(e), that these Request For Production of Documents are deemed continuing, requiring supplemental production thereto in the event requested documents become available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you. Pursuant to Fed. R. Civ. P. 34(b), Plaintiffs request that Defendant, The Sankey Firm, Inc. produce responsive electronically stored information [ESI] in the format outlined in Appendix A and according to the ESI Guidelines contained in Appendix B.
DEFINITIONS For purposes of this First Set of Requests for Production of Documents, the following terms have the meaning set forth below: 1. Plaintiffs refers to Lisa Liberi, Lisa Ostella, Go Excel Global, Philip
J. Berg, The Law Offices of Philip J. Berg, their Spouses, Children and/or Family Members. 2. Defendant" shall mean Defendant The Sankey Firm, Inc. [The
Sankey Firm] 3. People Finder data shall mean Downloadable computer software,
namely collaboration software, for the facilitation, analysis and evaluation of consumer and people data, knowledge and processes, including but not limited to
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software utilized to pull social profiling of consumer and people data, financial data, credit data, personal identifying data, including but not limited to names, Social Security numbers, ages, dates of birth, addresses, home valuations, income, etc., age data, educational data, criminal data, health care data, medical data, children data, etc. 4. Electronic Data shall mean any and all data contained within any of
The Sankey Firm, Inc. computer systems, hard-drives, database systems and servers. 5. Electronic Mail shall mean all e-mails sent and received with the
full header information. 6. "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person." 7. Communication or Communications means the transmittal of
information (in the form of facts, ideas, inquiries, or otherwise), whether effected through oral, written, telephonic, electronic, or any other means, including through documents. 8. Complaint or Complaints means an oral or written grievance from
Plaintiffs concerning the incident outlined in Plaintiffs First Amended Complaint.
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9.
Concern, Concerns or Concerning means evidencing, regarding,
discussing, embodying, describing, summarizing, containing, constituting, showing, mentioning, reflecting, pertaining to, dealing with, relating to in any way or manner, or in any manner whatsoever pertinent to the subject. 10. Customer or Customers mean people who hire The Sankey Firm,
Inc. for private investigation functions. 11. Document or Documents refers to any and all writings of any
kind and shall include the original and each non-identical copy or draft thereof. The term has the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001 as including, but not limited to any electronically stored data, databases, documents, and electronic communications (such as Email), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has any nonconforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which information is recorded or transmitted including, but not limited to, electronic Email, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer
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disks, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information. 12. Employee or Employees shall mean any person employed by you
or acting as an agent for you. 13. "Person, persons or people is identified as any natural persons,
joint owners, associations, companies, joint ventures, partnerships, corporations, trusts, estates, agencies, departments or bureaus (governmental or private), affiliates, business aggregates, or any business, legal or governmental entity. 14. You or your means the person or entity responding to these
Requests, and any present or former employees, agents, consultants, or other persons acting or purporting to act on behalf of such person or entity. 15. The term "including" means including but not limited to and/or
including without limitation. 16. The singular form of a word shall be interpreted as the plural and the
plural form of a word shall be interpreted as the singular whenever appropriate in order to bring within the scope of this Request For Production of Documents any information that might otherwise be considered to be beyond their scope. 17. The connectives "and" and "or" shall be construed either disjunctively
or conjunctively as necessary to bring within the scope of this Discovery any information that might otherwise be construed to be outside of their scope.
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18.
The present tense shall be construed to include the past tense and the
past tense shall be construed to include the present tense as necessary to bring within the scope of this Discovery any information that might otherwise be construed to be outside their scope.
INSTRUCTIONS 1. These requests for the Production of Documents are continuing and
require the service of supplemental answers produced in accordance with the requirements of Federal Rule of Civil Procedure Rule 26(e). 2. In responding to these requests, you shall produce all responsive
documents that are in your possession, custody or control or the possession, custody or control of your predecessors, successors, parents, subsidiaries, divisions, or affiliates, or any of their respective officers, managing agents, employees, attorneys, accountants or other representatives. A document shall be deemed to be within your control if you have the right to secure the document or a copy of the document from another person having possession or custody of the document. 3. You are to produce, for inspection and copying, original responsive
documents in the order they are kept in the usual course of business, and such documents shall be produced in their original folders, binders, covers, or containers, or facsimile thereof.
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4.
All documents produced shall be segregated and identified by the
paragraphs to which they are primarily responsive to correspond with the categories in these requests. 5. If any responsive document was at any time, but is no longer, in your
possession or subject to your control: a. State whether the document is missing or lost; b. State whether the document has been destroyed; c. State whether the document has been transferred voluntarily or involuntarily to others and, if so, at whose request; d. State whether the document has been otherwise disposed of; e. Provide a precise statement of the circumstances surrounding the disposition of the document and the date of its disposition; and f. Identify the name and address of its current or last known custodian and the circumstances surrounding such disposition.
6.
If any documents or parts of documents called for by these Requests
have been destroyed, discarded, or otherwise disposed of, you should provide a list setting forth as to each such document the following information: a. The nature of the document, e.g., letter, memorandum, telegram, etc.; b. The name, address, telephone number, occupation, title and business affiliation of each person who prepared, received, viewed, and has or has had possession, custody or control of the document; c. The date of the document;
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d. A description of the subject matter of the document; e. The date of destruction or other disposition; f. A statement of the reasons for destruction or other disposition; g. The name, address, telephone number, occupation, title and business affiliation of each person who authorized destruction or other disposition; h. The name, address, telephone number, occupation, title and business affiliation of each person who destroyed or disposed of the document; and i. The Request or Requests to which the document is responsive.
7.
If any document responsive to these requests is withheld under a
claim of privilege or upon any other ground, as to each such document, provide the following information in sufficient detail to permit the Court to rule on your claim: a. The nature of the privilege being asserted or other rule relied upon, and the facts supporting your assertion thereof; b. The party who is asserting the privilege; and c. The following information about the purportedly privileged document: (i) The author, primary addressee, and secondary addressees or persons copied, including the relationship of those persons to any party in this litigation and/or author of document; A brief description sufficient to identify the type, subject matter, and purpose of the document; All persons to whom its contents have been disclosed;
8
(ii)
(iii)
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(iv)
The date the document was prepared, the date the document bears, the date the document was sent, and the date the document was received; and A precise description of the place where each copy of that document is kept, including the title or description of the file in which said document may be found and the location of such file.
(v)
8.
If a portion of any document responsive to these requests is withheld
under claim of privilege pursuant to the preceding instruction, any non-privileged portion of such document must be produced with the portion claimed to be privileged redacted. 9. You are to produce each document requested herein in its entirety,
without deletion or excision (except as qualified by the preceding two [2] instructions), regardless of whether you consider the entire document to be relevant or responsive to the requests. 10. Whenever a document is not produced in its entirety, including all
attachments, or is produced in redacted form, so indicate on the document, state with particularity the reason or reasons it is not being produced in its entirety, and describe to the best of your knowledge, information and belief and with as much particularity as possible, those portions of the document that are not being produced.
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11.
Unless words or terms have been given a specific definition herein,
each word or term used herein shall be given its usual and customary dictionary definition except where such words have a specific custom and usage definition in your trade or industry, in which case they shall be interpreted in accordance with such usual custom and usage definition of which you are aware. In construing the inquiry and request herein: (i) the singular shall include the plural and the plural shall include the singular; (ii) a masculine, feminine, or neuter pronoun shall not exclude the other genders; (iii) the term any and all shall be understood to mean any and all; and (iv) the words and and or shall be read in the conjunctive or disjunctive or both, as the case may be, all to the end that the interpretation applied results in the more expansive production.
TIME PERIOD Unless otherwise stated in a Request, all Documents requested are requested for the period of time from January 1, 2008 through the date of production and include within their scope Documents which refer or relate to all or any portion of that period. Documents fall within this time period if they reflect policies and/or practices in effect during the time period, even if the documents were written or created before the relevant time period.
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DOCUMENTS REQUESTED
REQUEST FOR PRODUCTION NO. 1: and electronic data, including Emails with
Provide all documents full header information,
communications, reports, information, photographs, videography, concerning each of the named Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members. RESPONSE:
Provide
all
electronic
mail with full header information from every Email account used in conducting any and all conversations in regards to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
All documents with the
permissible purposes listed that you or any of your employee(s) provided to any entity, legal or otherwise, including any of the Defendants, to obtain Reports, Information, Data, Credit Reports or any type of access to the Plaintiffs People Finder Data, Personal Identifiers and/or Personal Information on Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
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contracts, agreements, correspondence, and electronic data transfers concerning agreements and correspondence with third-parties, including but not limited to Merlin, Intelius, Inc., US Search, Confi-Chek, Inc., LexisNexis.com, LexisNexis Group, LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc., KnowX, ChoicePoint, Inc., Accurint, Department of Motor Vehicles, Government entities, Courts, State Agencies, etc. to obtain consumer, customers, and/or Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members People Finder Data, Personal Identifiers, Financial Data, Credit Data, Personal Identifying data, Criminal data, health data, medical data, educational data, home values, income data, etc. RESPONSE:
Provide
any
and
all
documents, information, agreements, correspondence including but not limited to paper and electronic format, commenced between you or any of your employee(s) and any of the other named Defendants in this lawsuit. RESPONSE:
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Provide
all
data,
including each person and/or entity, their names addresses and telephone numbers, all electronic mail communications with the full header information, telephonic conversations, personal meetings (for personal meetings provide the date, time, location and who the meeting was with) contacted by you or any employee(s) in gathering any information pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs Family Members. In responding to this
request, please include any statements you or your employee(s) made to any individual as to why you were gathering information on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
by name, address and telephone number of each licensed Private Investigator employed by you. RESPONSE:
by name, address and telephone number of each employee, including their title and date of hire. RESPONSE:
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data compilations, and tangible things that you may use to support your defenses to the claims in Plaintiffs Complaint. RESPONSE:
Provide a list of all
Domains and Name Servers that all your websites, blogs, Internet Sites, Bulletin Boards and Email addresses reside on since January 2008 until the date you answer these Requests. Your Response must include the business nature and/or relationship of the entities with you, Todd Sankey and The Sankey Firm, Inc. that hosts them. RESPONSE:
Provide all documents
pertaining to any and all investigations you or any of your employees conducted on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members. RESPONSE:
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Provide
any
and
all
documents concerning or pertaining to you or your employee(s) response to any inquiry or investigation by any governmental body, law enforcement agency, State Agency, or tribunal, or any consumer group or organization, into Complaints made against or by the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
Provide
any
and
all
documents concerning or referring to your policies and procedures regarding the destruction or retention of documents, electronic data or other information. RESPONSE:
Provide all documentation,
correspondence, contracts and agreements between you and Yosef Taitz, and Daylight Chemical Information Systems, Inc., or their employees, contractors, or outside vendors, their addresses and phone numbers as well as the electronic data that is shared between organizations. RESPONSE:
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Provide
all
searches
performed by you or your employee(s) with any Individual, Agency, Entity, Business, Corporation, any of the named Defendants in this lawsuit, Courts, County Records, Social Security Administration, Internal Revenue Service, Governmental or State Agency, etc. on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, Plaintiffs Family Members. RESPONSE:
Provide
any
and
all
complaints you have received regarding any of your operations or employees. RESPONSE:
Provide
any
and
all
documentation, correspondence, information and data, in all forms including electronically, pertaining to Plaintiffs, Plaintiffs Spouses, Plaintiffs Children, and/or Plaintiffs Family Members, provided to and shared with any Affiliates; Individuals, Reporters, Websites, Blogs, RSS Feeds, business aggregates; 3rd party entities; any of the Defendants; and any other business, corporation, government entity, Courts, credit reporting agencies, and/or state agencies. RESPONSE:
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Produce copies of all
documents that you reviewed or relied upon in responding to the preceding Interrogatories and Request for Admissions and copies of all documents referenced in your response to the preceding Interrogatories and Request for Admissions. RESPONSE:
with names, addresses, web addresses, and telephone numbers, along with all information received, of all entities, including third party databases utilized by you or your employee(s) to obtain any type of information on Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members, e.g., Departments of Public Safety, Equifax, TransUnion, Experian, ChoicePoint, Inc., LexisNexis, Tax Assessors Offices, County Records, State Records, Title Companies, Financial Institutions, etc. RESPONSE:
Provide a copy of any
document, including electronic mail with full header information and letters you, or any employee(s) submitted to any agency, entity or individuals regarding any of
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the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. RESPONSE:
Provide
any
and
all
documentation, Reports, Notes, Files, you or any employee pulled, accessed or compiled on any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and/or Plaintiffs Family Members. If it was an employee, your response must include the employees name, address and telephone number. RESPONSE:
Provide
any
and
all
documents pertaining to any of the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members you or your employee(s) provided to any third parties, including the other Defendants. RESPONSE:
Provide
all
policies,
manuals, Instructions, Agreements, Contracts, Documents, or anything pertaining to The Sankey Firm, Inc.s policies regarding investigation techniques used on
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individuals and how the private data of any and all individuals, in which The Sankey Firm, Inc. investigates, is to be handled and treated. RESPONSE:
Provide
all
policies,
manuals, instructions, documentation, Contracts, Agreements, business contracts, or anything pertaining to The Sankey Firms policies regarding the confidentiality of information provided on any individual or company to your clients and what your process is to ensure all data remains private and confidential. RESPONSE:
Provide
any
and
all
documentation, contracts and agreements The Sankey Firm entered into with any of the Defendants to this lawsuit. RESPONSE: Respectfully submitted,
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APPENDIX A
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LISA LIBERI, et al
APPENDIX A To Plaintiffs First Requests for Production of Documents: Plaintiffs requested electronically Stored Information Production Format Pursuant to Fed. R. Civ. P. 34(b), Plaintiffs may specify the form or forms in which electronically stored information [ESI] is to be produced. As such,
Plaintiffs request that all ESI be produced in native format, together with an imaged file with the corresponding image load file, OCR text file, and the associated metacontent of the database. The key concepts are explained below: 1. Native: the format in which the electronically stored information was
originally created (e.g., Microsoft Word, Microsoft Excel, Miscrosoft Access); a
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file path to the native file shall be provided in the metacontent of the database as described in more detail below. 2. Imaged: a TIFF or PDF image converted from the native file as it was
originally created; a. All images shall be black and white; b. Bates numbers shall be branded to the images so that the numbers print; c. Images shall be single page TIFFs or one TIFF file for each page (not one TIFF file for each document); 3. Image Load Files: A load file in a standard load format (e.g., ascii,
dii, Opticon) shall be provided which provides: a. b. c. The document number for each image; The full path name(s) of each TIFF that represents an image; The document boundaries for each document or family member grouping consisting of the following: (i) Each record, including the last record should be terminated with a carriage return or carriage return/line feed pair. (Note that the first record for any given document indicates that fact by flagging column 4, and lists the total number of pages in column 7);
d.
The load file shall be in the order that appropriately corresponds with each image file; and
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e.
The following represents the format of a standard load file:
Bates,CD_VOL,PATH_to_image,Doc_Break,Folder_Break,Box Break,Total_Pages. M_0100000,06150101,D:/06150101/0000/0001.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0002.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0003.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0004.TIFF,Y,,,2 M_0100000,06150101,D:/06150101/0000/0005.TIFF,,,, M_0100000,06150101,D:/06150101/0000/0006.TIFF,Y,,,1 M_0100000,06150101,D:/06150101/0000/0007.TIFF,Y,,,4 M_0100000,06150101,D:/06150101/0000/0008.TIFF,,,, M_0100000,06150101,D:/06150101/0000/0009.TIFF,,,, M_0100000,06150101,D:/06150101/0000/00010.TIFF,,,,
4.
OCR Text File: An OCR text file which corresponds to each imaged
document shall be provided as follows: a. One OCR text file for each imaged page, not one OCR text file for each imaged document; OCR text located in the same directory as the images; OCR text files should be in ascii format; Lines and breaks in the original imaged document will be preserved and lines shall be separated by line feeds or CR-LF pairs; and The OCR file name should be the same as the name of the image file, followed by .txt.
b. c. d.
e.
5.
Associated Metacontent of the Database:
a database shall be
provided that extracts data into fields in a database load file, and also includes a
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file path link to the native file. The fielded data should adhere to the following parameters if at all possible: a. Avoid escape characters, carriage return/line feed combinations, embedded separators and embedded carriage returns in all fielded data; Bates number fields cannot contain spaces or the / \ characters; In standard data files use the vertical bar | to separate fields and ^s to delimit the fields; All data types should be delimited, not just text; Multi-value fields should use semi-colons ; as their separator; Data cannot contain tabs or carriage returns; Each record including the last record should be terminated with a carriage return or carriage return/line feed pair; The preferred date format is MM-DD-YYYY; The data file should contain a header; and The following is a sample data file:
b. c.
d. e. f. g.
h. i. j.
^FirstBates^|ÊndBates^|^BergAttach^|ÊndAttach^|Âuthor^|^Recipient^|^Date^ ^FJL_0014977^|^FJL_0014975^|^FJL_0015120^|^Hedberg,David^|^None^ |^None^|^01/21/1992^ ^FJL_0014978^|^FJL_0014978^|^FJL-0014975^|^Sheehan,Virgil;Columbo, Joseph^|^None^|^09/27/1991^|
6.
Exception Files: All files that cannot be produced or imaged due to
technical difficulties shall be identified as exception files and identified on a log listing the files name, custodian, and reason for the exception. Common
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exception files include, without limitation, corruption, password protection, digital rights management, or proprietary software associated to the file.
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APPENDIX B
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LISA LIBERI, et al
APPENDIX B To Plaintiffs First Requests for Production of Documents: ESI Guidelines These Guidelines are intended solely to facilitate the production of Electronically Stored Information [ESI] pursuant to the Federal Rules of Civil Procedure, to avoid misunderstandings concerning ESI, and to highlight good-faith disagreements about ESI so that they may be promptly resolved. They are not intended to expand (or contract) counsels obligations under the Federal Rules of Civil Procedure or applicable local rules or court orders.
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1.
What ESI Is. ESI includes: e-mail; text messaging (corporate and
internet based); voice messaging systems; electronic files stored on servers, desktops, laptops, and other removable media; and electronic data stored in databases. 2. Email Collection. During collection of e-mail the complete mailbox
should be captured. This includes sent folders, deleted folders, archived folders, and all other folder structures within a mailbox. 3. Purging Systems. Self-purging or sweep-and-keep policies are
often implemented on an organizations e-mail system. A self-purging system automatically deletes e-mail messages located in specific folders after a certain number of days. Sweep-and-keep systems collect and retain all incoming or
outgoing e-mail, regardless of content. Self-purging systems should be deactivated if they are in violation of the litigation hold. Sweep-and-keep systems need not be deactivated, but steps should be taken to ensure that the swept and kept e-mail is collected as part of the collection of e-mail generally. 4. Locations of ESI. All network servers, desktops and laptops,
removable media (e.g., hand held devices, iPods, thumb or flash drives, external hard drives, tape, CD or DVD) containing ESI should be considered during collection. In addition, counsel should not overlook these locations for ESI: Remote Locations. Branch, satellite, or subsidiary offices.
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Internal Websites. Often organizations implement internal or intranet websites, which, of course, contain ESI. Third Party Storage. Off-site or third-party data storage either in physical removable media or real-time data hosting/archive (e.g., email archival services provided by SANTAZ, Inc. or Iron Mountain Incorporated). Personal Computers. Employees or contractors personal computers often contain EFS. Former Employees. ESI from transferred or past employees may have been moved from a shared location to a separate employee archive location. Old Systems. Decommissioned or old computer systems no longer in use may contain ESI and should also be considered during collection.
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LISA LIBERI, et al,
Request for Production of Documents propounded upon Defendant The Sankey Firm, Inc. were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
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James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com Attorney for Defendants: Reed Elsevier, Inc., LexisNexis Group, Inc., LexisNexis, Inc., LexisNexis Risk and Information Analytics Group, Inc., LexisNexis Risk Solutions, Inc., Seisint, Inc. d/b/a Accurint, 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 Attorney for Defendant Intelius, Inc.
_______________________
Philip J. Berg, Esquire
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EXHIBIT 11
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LISA LIBERI, et al,
PLAINTIFFS REQUEST FOR ADMISSIONS TO DEFENDANT THE SANKEY FIRM, INC. SET ONE PLEASE TAKE NOTICE, in accordance with Fed. R. Civ. P. 26 and 36, you are hereby notified and required to respond to the following Request for Admissions propounded by Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel Global, Philip J. Berg, Esquire and The Law Offices of Philip J. Berg [hereinafter Plaintiffs] herein, through their attorney of record, Philip J. Berg, Esquire, Law Offices of Philip J. Berg, 555 Andorra Glen Court, Suite 12, Lafayette Hill, PA 19444-2531, within thirty [30] days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
1
Liberi, et al Plaintiffs RFA propounded on The Sankey Firm, Inc.
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INSTRUCTIONS
Defendant The Sankey Firms Responses to these Requests for Admissions shall specifically admit or deny each separately stated matter, or set forth in detail the reasons why The Sankey Firm cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested Admission, and when good faith requires that The Sankey Firm qualify its answer or deny only a part of the matter of which an admission is requested, The Sankey Firm shall specify so much of it as is true and qualify or deny the remainder. The Sankey Firm may not give lack of information or knowledge as a reason for failure to admit or deny unless The Sankey Firm states that they made reasonable inquiry and that the information known or readily obtainable by them is insufficient to enable him to admit or deny. If in responding to these Requests for Admission The Sankey Firm considers that a matter of which an admission has been requested presents a genuine issue for trial, he may not on that ground alone object to the Request. Defendant The Sankey Firm is further advised that each matter hereinafter set forth will be deemed admitted by them unless, within thirty [30] days after being served therewith they serve upon Plaintiffs counsel their written answer or objection addressed to the matter and signed by The Sankey Firm or their attorney. Further, if said Defendant denies any matter herein sought to be admitted and Plaintiff later proves a document to be genuine or the matter true, Plaintiff may
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move that the party who failed to admit pay his reasonable expenses, including Attorney's Fees, incurred in making that proof. Finally, Defendant The Sankey Firm is advised that Rule 37(a)(4) of the Federal Rules of Civil Procedure provides that an evasive or incomplete response to any of the following Requests will be treated as a failure to respond for purposes of compelling discovery and/or seeking sanctions in Court. DEFINITIONS Notwithstanding the specific definitions below, each word, term, or phrase used in these Requests should be given their most expansive and inclusive meaning. As used: a) "Plaintiffs shall mean Plaintiffs Lisa Liberi, Lisa Ostella, Go Excel
Global, Philip J. Berg, Esquire, The Law Offices of Philip J. Berg, and Plaintiffs Spouses, Children and Family Members. b) Defendant" shall mean Defendant The Sankey Firm, Inc. [The
Sankey Firm]. c) d) "Incident" shall mean as defined in the Complaint. Customer(s) shall mean people who hire and utilize Defendant The
Sankey Firms investigation services; e) Employee(s) shall mean any person employed by you or acting as
an agent for you.
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f)
You or your means the person or entity responding to these
Interrogatories and any present or former employees, agents, consultants or other person acting or purporting to act on behalf of such person or entity. g) "Document(s)" shall mean any writings of any kind and shall include
the original and each non-identical copy or draft thereof. The term has the same meaning as writings, which is defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001as including, but not limited to, any electronically stored data, databases, documents, and electronic communication (such as E-mail), stored in computers or otherwise, whether or not ever printed or displayed, that have not previously been produced. A copy or duplicate of a document that has been produced. A copy or duplicate of a document that has any conforming notes, marginal annotations, or other markings, as well as any preliminary version, draft, or revision of the foregoing, shall be considered a separate document within the meaning of this term. The term Document shall also include every other means by which
information is recorded or transmitted including, but not limited to, electronic Email, Internet, Internet postings, tape recordings, video recordings, microfilms, punch cards, computer magnetic tape, computer discs, computer programs, storage tapes, printouts, data processing records, and the written information necessary to understand and use such information. For each "document" responsive to any
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(vii) Whether the document is claimed to be privileged; if you claim the document is privileged, the reason such document is allegedly privileged. h) "Person(s)" means any human being, any firm, affiliate, joint venture,
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letters, notes, telegrams, newspaper or magazine articles, advertisements, and other documents as previously defined. j) People Finder data shall mean Downloadable computer software,
namely collaboration software, for the facilitation, analysis and evaluation of consumer and people data, knowledge and processes, including but not limited to software utilized to pull social profiling of consumer and people data, financial data, credit data, personal identifying data, including but not limited to names, Social Security numbers, ages, dates of birth, addresses, home valuations, income, etc., age data, educational data, criminal data, health care data, medical data, children data, etc. k) Electronic Data shall mean any and all data contained within any of
The Sankey Firm database systems and servers pertaining to consumers, clients, people, businesses, etc. l) Electronic Mail shall mean all e-mails sent and received with the
full header information. m) "Personal Identifiers" means a person's name or Social Security
number or other unique data which identifies or is associated with a particular "person."
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n)
"Identify" or to give the "identity" of shall mean: A. in the case of a natural person, to state: (i.) Any and all names, legal, trade or assumed; (ii.) Last known home and business addresses and telephone numbers; (iii.) All telephone and tele-fax numbers used; (iv.) All websites owned and used; (v.) All Email addresses owned and used; (vi.) Employer or business affiliation; (vii.) Occupation and business position (including title) held; (viii.) Employer's name, address, phone number and the employer's relationship to any and all Defendants in the above captioned action; and, if applicable: (ix.) Brand, make, manufacturer's name, address, phone number and the manufacturer's relationship to any and all Defendants in the above captioned action; B. In the case of an oral statement of communication, to state: (i.) The identity of the maker(s) and recipient(s) of the oral statement or communication; (ii.) Where and when the oral statement or communication was made; (iii.) The identities of all persons present when the oral statement or communication was made; (iv.) The mode of communication; and
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(v.) The subject matter of the oral statement or communication. C. In the case of an act or omission, to state: (i.) A detailed description of the act or omission; (ii.) The date when it occurred; (iii.) The place where it occurred; (iv.) The identity of the person or persons performing such acts, or in the case of an omission, the identity of the person or persons failing to act; and (v.) The identity of all persons who have knowledge of the act or omission. D. In the case of a photograph or photographic reproduction, to state: (i.) The identity of the photograph or person responsible for the making of the photographic reproduction; (ii.) The number of photographs taken or photographic reproductions made; (iii.) When and where the photographs were taken or the photographic reproductions were made; (iv.) The subject matter depicted in each photograph or photographic reproduction; and (v.) The identity of each person who has possession, custody, or control of each photograph or photographic reproduction. h. The phrase "relates to," "relating to," or "in relation to" means to
consist of, refer to, reflect, or be in any way logically, factually, or legally connected with the matter discussed.
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i.
"Audit Trail" means a complete, detailed listing of each and every
alteration, deletion, inquiry into, modification or other change to the credit report or profile as maintained in recorded form, in the broadest sense, by "you". The listing should include the identity, address, employer and title of the person(s) taking the action, the identity, address, employer and title of the person(s) authorizing the action, a detailed explanation of the action taken, the date of the action, the means used to effect such action, the location of origin of the action and the reason the action was taken. The term "audit trail" also includes the definition provided for the phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion Letter, March 10, 1983. j. "Data" means the physical symbols in the broadest sense that
apparatuses, including hardware, software, and other databanks, that can store, retrieve, access, update, combine, rearrange, print, read, process or otherwise alter data whether such data maintained in that device or at some other location. The term "computer" includes any and all magnetic recordings or systems, systems operating on or maintaining data in digital, analog, or hybrid format, or other mechanical devices, or other devices capable of maintaining writings or
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recordings, of any kind, in condensed format, and includes any disk, tape, recording, or other informational source, regardless of its physical dimension or size. l. "Format" means the general makeup or general plan of
give the reason for or cause of, and to show the logical development or relationships thereof. n. o. "Describe" means to represent or give an account of in words. User means any person or computer which interacts with a
overall design and operating objectives for the security, continuity and control of your consumer database. r. Consumer Database is intended to mean The Sankey Firms
entire consumer network, including but not limited to text files made, file purge, file reorganization mode, all operator preamble, identification and password
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modes, and all other single or overlaying programs, applications and/or systems and does include, but is not limited to the main operating system.
PLAINTIFFS REQUEST FOR ADMISSIONS:
REQUEST FOR ADMISSION NO. 1: Admit EXHIBIT A attached hereto is an Email sent from The Sankey Firm, Inc. by Neil Sankey.
REQUEST FOR ADMISSION NO. 2: Admit you have accounts with Confi-Chek, U.S. Search, Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc., and KnowX.
REQUEST FOR ADMISSION NO. 3: Admit Neil Sankey and Todd Sankey used your log-in credentials and obtained Plaintiffs financial records, credit records, employment records, medical records and other records from Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint,
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Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc. without a permissible purpose or any type of legal entitlement.
REQUEST FOR ADMISSION NO. 4: Admit Neil Sankey is not a licensed Private Investigator for The Sankey Firm.
REQUEST FOR ADMISSION NO. 5: Admit you are responsible for your employee(s) actions and inactions.
REQUEST FOR ADMISSION NO. 6: Admit you and your employee(s) Private Investigations licensing is governed by the California Bureau of Security and Investigative Services [BSIS].
REQUEST FOR ADMISSION NO. 7: Admit you and your employee(s) are required to adhere to the California laws and the guidelines, requirements, and regulations outlined in the California BSIS.
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REQUEST FOR ADMISSION NO. 8: Admit you and/or your employee(s) accessed and obtained the People Finder data, Personal Identifiers, Credit Reports, Financial Reports, Sealed Court Documents and other documents on the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family members through Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc., without any type of permissible purpose or legal entitlement and provided Plaintiffs data to the other Defendants, including but not limited to Neil Sankey.
REQUEST FOR ADMISSION NO. 9: Admit EXHIBIT A attached hereto contains Plaintiff Lisa Liberis name, Social Security number(s), date of birth, Spouses name, date of birth and Social Security number and other confidential information obtained from Intelius, Inc., Reed Elsevier, Inc., LexisNexis.com, LexisNexis, Inc., LexisNexis Group, Accurint, ChoicePoint, Inc., LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc.
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REQUEST FOR ADMISSION NO. 10: Admit when you or your employee(s) investigate an Individual, you and your employee(s) are required to maintain the Individual(s) private and personal data, including but not limited to name, address, telephone number, date of birth, place of birth, Social Security number, mothers maiden names, financial and credit data, medical data, etc. confidential and not share it with the public.
REQUEST FOR ADMISSION NO. 11: Admit the California BSIS restricts you and your employee(s) from accessing and obtaining a person(s) full Social Security number and other private identifying information for the purpose of publishing the personal data to harm the individual(s).
REQUEST FOR ADMISSION NO. 12: Admit Neil Sankey and Todd Sankey utilized your log in credentials and obtained information from the California Department of Motor Vehicles, other person(s), agencies and entities, including the other Defendants, on the Plaintiffs based on false pretenses.
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REQUEST FOR ADMISSION NO. 13: Admit you and your employee(s) have created irreversible harm and damages to Plaintiffs by disseminating erroneous information; their People Finder Data and their Personal Identifiers to an immeasurable amount of people and businesses.
REQUEST FOR ADMISSION NO. 14: Admit you or your employee(s) did not have any permissible purpose or legal entitlement to any information regarding any of the Plaintiffs.
REQUEST FOR ADMISSION NO. 15: Admit you are unable to demonstrate how many people have received Plaintiffs private personal identifying information and incorrect information because of the nature of the internet and the numerous ways it was repeatedly posted on the Internet and sent out by Defendants Orly Taitz, Neil Sankey and the other Defendants.
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REQUEST FOR ADMISSION NO. 16: Admit you and your employee(s) must have a permissible purpose and legal entitlement to access any individual(s) Personal Identifiers, People Finder data, financial data, credit data, medical data, and any other information and data.
REQUEST FOR ADMISSION NO. 17: Admit you and your employee(s) allowed Neil Sankey and Todd Sankey to use your log-in credentials and your resources to assist Defendant Orly Taitz in harming and causing damages to the Plaintiffs.
REQUEST FOR ADMISSION NO. 18: Admit LexisNexis (Reed Elsevier, Inc.) cancelled your subscription in or about 2010 to their products due to abuse.
REQUEST FOR ADMISSION NO. 19: Admit you and your employee(s) failed to report to law enforcement the misuse of Plaintiffs People Finder Data and Personal Identifier data that Neil Sankey through you and your employee(s), obtained and provided to Defendant Orly Taitz and the other Defendants and allowed Defendant Orly Taitz to distribute Plaintiffs data all over the Internet, through mass Emailing, mass mailing, etc.
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REQUEST FOR ADMISSION NO. 20: Admit you and your employee(s) allowed Neil Sankey to use your log-in credentials and access and pull sealed documents including, but not limited to sealed court documents pertaining to the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members.
REQUEST FOR ADMISSION NO. 21: Admit when you and/or your Private Investigator(s) are requested or hired to perform a job for a client, you and your Private Investigator(s) are required to ensure your client has a permissible purpose or legal entitlement to the information sought.
REQUEST FOR ADMISSION NO. 22: Admit you and your employee(s) are required to verify the permissible purpose and/or legal entitlement of your Client to Individual(s) People Finder Data, Personal Identifier Data, Financial Records, Credit Data, and other information.
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REQUEST FOR ADMISSION NO. 23: Admit you and your employee(s) failed to obtain and/or verify Orly Taitzs, permissible purpose and/or legal entitlement to Plaintiffs People Finder Data, Personal Identifier Data, Financial Data, Background Checks, Credit Data, or any other information and/or data.
REQUEST FOR ADMISSION NO. 24: Admit your client, Orly Taitz, did not have any type of permissible purpose or legal entitlement to any of the Plaintiffs data.
REQUEST FOR ADMISSION NO. 25: Admit you and your employee(s) were fully aware Orly Taitz or any of the other Defendants, did not have a permissible purpose or legal entitlement to any of the Plaintiffs information or data, but you and your employee(s) provided it anyway. Respectfully submitted,
______________________________ Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 Email: philjberg@gmail.com Attorney for Plaintiffs
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EXHIBIT A
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From: Neil SANKEY <nsankey@thesankeyfirm.com> Subject: FW: LISA LIBERI etc To: dr_taitz@yahoo.com Date: Monday, April 13, 2009, 7:04 PM Here is the Liberi stuff you requested. This is also what I sent to Bob Unruh
From: Neil SANKEY [mailto:nsankey@thesankeyfirm.com] Sent: Friday, April 10, 2009 10:01 AM To: Bob Unruh Subject: LISA LIBERI etc
Bob here are some bare facts about Bergs assistant. See below and attachments I dont know how much of the story you have already, but is essentially about WHO she really is and the questions that unfortunately brings up about Berg. Call, if you need to, at your convenience. Neil Sankey Investigator & Consultant. THE SANKEY FIRM Simi Valley, California 93063 nsankey@thesankeyfirm.com 805 520 3151 818 212 7615 cell
According to the Police she was born COURVILLE and married a Richardson (Possible Alan Douglas Richardson, currently residing in Las Vegas .) IF it was the other way around, then the Courville is Bill Marshall Courville 11/10/61 of Houston , Tx. 457-71-x I have several SS#'s for her and a LOT of AKA's. Her real SS# is probably 462-45-xxxx. Most prominent otherwise are 563-60-xxxx, 572-17-x, 622-19-x She went BK in 2002 Her brother is probably Lawrence E Morris of Fontana and Rancho Cuc , CA . He was born 1/16/64 Her Husband, Brent J, a Parolee, I have not researched that. Is probably Brent J McCormack 563-77, also uses 331-02-x There is also a Jerry HELLER and Douglas Cramer look interesting, but where do you stop?.
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> From: nsankey@thesankeyfirm.com > To: lisaostella@hotmail.com; dr_taitz@yahoo.com > Subject: FW: >>>>>>>>>>Urgent IMPORTANT INFO SAME SUBJECT<<<<< > Date: Mon, 16 Mar 2009 14:57:13 -0700 > > > > PLEASE NOTE THE LAST LINE! > > Thursday, April 10, 2008 > > > New Mexico Woman Sentenced in Identity Theft and Real Estate Fraud > > > Lisa Liberi, aka Lisa Richardson, 42, New Mexico, was sentenced in > connection with felony charges involving identity theft and forged > documents. Liberi appeared in San Bernardino County, Rancho Cucamonga, > Superior Court, on March 21, 2008. She was sentenced to a state prison term > of 8 years, imposed but stayed, and placed on supervised probation for 3 > years as part of a plea agreement. Liberi was sentenced on ten felony > counts ranging from Grand Theft, Forgery, and Filing False Documents. > > From 2000 to 2004, Liberi engaged in a complex fraud involving falsification > of police reports, manipulation of credit bureau reports, loan fraud, and > counterfeiting of court documents resulting in hundreds of thousands of > dollars in losses to banks and credit unions. > > In 2002, San Bernardino County Sheriff's Department personnel arrested > Liberi on theft by false pretense charges. In July 2004, Investigators from > the San Bernardino County District Attorney's Real Estate Fraud Unit > arrested Liberi at the Ontario International Airport for additional felony > charges while she was out on bail. > > She has an extensive criminal record going back to the 90's.
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Neil This report came from volunteer Sarah redacted Case FWV028000 - Defendants
Seq Defendant 1 LIBERI , LISA R ALIAS: LIBERI, LISA R ALIAS: COURVILLERICHARDSON, LISA ALIAS: LIBERI, LISA A ALIAS: RICHARDSON, LISA C ALIAS: COURVILLERICH, LISA ALIAS: LIBERI, LISA RENEE ALIAS: LIBERI, LISA ALIAS: RICHARDSON, LISA RENEE Next Court Date Status Agency / Arrest Date Count 1 DR Number Charge RA 05/18/2001 PC 115(A) 110013759 Violation Date 05/18/2001
Case FWV028000 Defendant 1608112 LIBERI, LISA RENEE - Status

Filing Type Held to Answer Ordered Bail $0.00 D.A. James R. Secord Next Action: Warrant Type Status NONE Probation Type Formal Sentence Convicted Date 01/25/2008 State Prison N/A Fine and Penalty Issued N/A Granted 03/21/2008 County Jail 26 Days Max Sentence N/A Restitution Fine 0 Custody Filing Date Posted Bail Defense Deputy Report #: Affidavit N/A Expiration 03/21/2011 CTS 26 Days N/A 05/09/2003 $0.00 Dean Pitcl (Court Appointed) RA-RC 110013759
Restitution to Victim N/A
Case FWV028000 Defendant 1608112 LIBERI, LISA RENEE - Charges
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Arrest Charges Count Charge Severity Description Violation Date 05/18/2001 Violation Date Plea Status
1 PC 459 Filed Charges Count Charge
BURGLARY
Severity Description
Plea
Status
PC 487(A) PC 2 470(D) 3 PC 472 PC 4 115(A) PC 5 487(A) PC 6 470(D) 7 PC 472 PC 8 115(A) PC 9 487(A) PC 10 487(A) PC 11 487(D)(1) PC 12 487(A) PC 13 487(D)(1) PC 14 487(A) PC 15 487(D)(1) PC 16 487(A) PC 17 487(A) Infor Charges 1 Count Charge
F F F F F F F F F F F F F F F F F
GRAND THEFT: PROPERTY/ETC OVER $400 FORGERY
05/18/2001 05/18/2001
HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA HTA
FORGE OFFICIAL SEAL 05/18/2001 OFFER/ETC FALSE/FORGED 05/18/2001 INSTRUMENT TO FILE GRAND THEFT: 05/18/2001 PROPERTY/ETC OVER $400 FORGERY FORGE OFFICIAL SEAL OFFER/ETC FALSE/FORGED INSTRUMENT TO FILE GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: PROPERTY/ETC OVER $400 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001
Severity Description
Violation Date
Plea
Status
PC 487(A)
GRAND THEFT: PROPERTY/ETC OVER $400
05/18/2001 GUILTY CONVICTED
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PC 476A(A) PC 470(D) PC 472 PC 115(A) PC 487(A) PC 476 PC 470(D) PC 472 PC 115(A) PC 487(A) PC 487(A) PC 487(D)(1) PC 487(A) PC 487(D)(1) PC 487(A) PC 487(D)(1) PC 487(A) PC 487(A) PC 115(A) PC 470(D) PC 470(D) PC 472
F F F F F F F F F F F F F F F F F F F F F F
NONSUFFICIENT FUNDS: CHECKS FORGERY FORGE OFFICIAL SEAL OFFER/ETC FALSE/FORGED INSTRUMENT TO FILE GRAND THEFT: PROPERTY/ETC OVER $400 MAKING, POSSESSING, UTTERING FICTIOUS INSTRS FORGERY FORGE OFFICIAL SEAL OFFER/ETC FALSE/FORGED INSTRUMENT TO FILE GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: AUTOMOBILE/ANIMAL/ETC GRAND THEFT: PROPERTY/ETC OVER $400 GRAND THEFT: PROPERTY/ETC OVER $400 OFFER/ETC FALSE/FORGED INSTRUMENT TO FILE FORGERY FORGERY FORGE OFFICIAL SEAL
05/18/2001 GUILTY CONVICTED 05/18/2001 05/18/2001 DISMISSED DISMISSED
05/18/2001 GUILTY CONVICTED 05/18/2001 GUILTY CONVICTED 05/18/2001 05/18/2001 DISMISSED DISMISSED
05/18/2001 GUILTY CONVICTED 05/18/2001 DISMISSED
05/18/2001 GUILTY CONVICTED 05/18/2001 GUILTY CONVICTED 05/18/2001 05/18/2001 05/18/2001 05/18/2001 05/18/2001 DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED
05/18/2001 GUILTY CONVICTED 05/18/2001 GUILTY CONVICTED 05/18/2001 GUILTY CONVICTED 05/18/2001 05/18/2001 05/18/2001 DISMISSED DISMISSED DISMISSED
Case FWV028000 Defendant 1608112 LIBERI, LISA RENEE - Probation

Probation Type: FORMAL Granted: 03/21/2008 Expire: 03/21/2011
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SUPERVISED PROBATION GRANTED FOR A PERIOD OF 36 MONTHS ON FOLLOWING TERMS AND CONDITIONS: SERVE 26 DAYS IN A SAN BERNARDINO COUNTY JAIL FACILITY, WITH CREDIT FOR TIME SERVED, A MATTER OF 26 DAYS, PLUS CONDUCT CREDIT 1) PURSUANT TO 1-PC4019 ND ABIDE BY ALL RULES AND REGULATIONS OF THE FACILITY WITHOUT THE POSSIBILITY OF COUNTY PAROLE. 2) VIOLATE NO LAW. REPORT TO THE PROB OFFICER IN PERSON IMMEDIATELY 0- ND THEREAFTER ONCE EVERY FOURTEEN (14) DAYS OR AS DIRECTED. REPORT 3) TO THE PROB OFFICER IN PERSON IMMEDIATELY 0- ND THEREAFTER ONCE EVERY FOURTEEN (14) DAYS OR AS DIRECTED. COOPERATE WITH THE PROBATION OFFICER IN A PLAN OF REHABILITATION 4) AND FOLLOW ALL REASONABLE DIRECTIVES OF THE PROBATION OFFICER. SEEK AND MAINTAIN GAINFUL EMPLOYMENT, OR ATTEND SCHOOL, AND 5) KEEP THE PROBATION OFFICER INFORMED OF STATUS OF EMPLOYMENT, OR SCHOOL. KEEP THE PROBATION OFFICER INFORMED OF PLACE OF RESIDENCE AND COHABITANTS AND GIVE WRITTEN NOTICE TO THE PROBATION OFFICER TWENTY-FOUR (24) HOURS PRIOR TO ANY CHANGES. PRIOR TO ANY MOVE PROVIDE WRITTEN AUTHORIZATION TO THE POST OFFICE TO FORWARD MAIL TO THE NEW ADDRESS. PERMIT VISITS AND SEARCHES OF PLACES OF RESIDENCE BY AGENTS OF THE PROBATION DEPT. AND/OR LAW ENFORCEMENT FOR THE PURPOSE OF ENSURING COMPLIANCE WITH PERMIT VISITS AND SEARCHES OF PLACES OF RESIDENCE BY AGENTS OF THE PROBATION DEPT. AND/OR LAW ENFORCEMENT FOR THE PURPOSE OF ENSURING COMPLIANCE WITH PERMIT VISITS AND SEARCHES OF PLACES OF RESIDENCE BY AGENTS OF THE PROBATION DEPT. AND/OR LAW ENFORCEMENT FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THE 6) TERMS AND CONDITIONS OF PROBATION; NOT DO ANYTHING TO INTERFERE WITH THIS REQUIREMENT, OR DETER OFFICERS FROM FULFILLING THIS REQUIREMENT, SUCH AS THE TERMS AND CONDITIONS OF PROBATION; NOT DO ANYTHING TO INTERFERE WITH THIS REQUIREMENT, OR DETER OFFICERS FROM FULFILLING THIS REQUIREMENT, SUCH AS ERECTING ANY LOCKED FENCES/GATES THAT WOULD DENY ACCESS TO PROBATION OFFICERS, OR HAVE ANY ANIMALS ON THE PREMISES THAT WOULD REASONABLY DETER, ERECTING ANY LOCKED FENCES/GATES THAT WOULD DENY ACCESS TO PROBATION OFFICERS, OR HAVE ANY ANIMALS ON THE PREMISES THAT WOULD REASONABLY DETER, THREAT THREATEN THE SAFETY OF, OR INTERFERE WITH, OFFICERS ENFORCING THIS TERM. EN THE SAFETY OF, OR INTERFERE WITH, OFFICERS ENFORCING THIS TERM. NEITHER POSSESS NOR HAVE UNDER YOUR CONTROL ANY DANGEROUS OR 7) DEADLY WEAPONS OR EXPLOSIVE DEVICES OR MATERIALS TO MAKE EXPLOSIVE DEVICES. SUBMIT TO A SEARCH AND SEIZURE OF YOUR PERSON, RESIDENCE AND/OR PROPERTY UNDER YOUR CONTROL AT ANY TIME OF THE DAY OR NIGHT BY 8) ANY LAW-ENFORCEMENT OFFICER, WITH OR WITHOUT A SEARCH WARRANT, AND WITH OR WITHOUT CAUSE (PEOPLE -V- BRAVO). NEITHER USE NOR POSSESS ANY CONTROLLED SUBSTANCE WITHOUT 9) MEDICAL PRESCRIPTION. A PHYSICIANS'S WRITTEN NOTICE IS TO BE GIVEN TO THE PROBATION OFFICER. SUBMIT TO A CONTROLLED SUBSTANCE TEST AT DIRECTION OF PROBATION 10) OFFICER. EACH TEST IS SUBJECT TO AN $11.00 FEE, TO BE COLLECTED BY CENTRAL COLLECTIONS 11) NOT POSSESS ANY TYPE OF DRUG PARAPHERNALIA, AS DEFINED IN
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12)
13) 14)
15)
16) 17) 18) 19) 20)
21)
22)
23)
24)
25) 26) 27) 28) 29) 30) 31) 32)
H&S11364.5(D) PARTICIPATE IN A COUNSELING PROGRAM AS DIRECTED BY THE PROBATION OFFICER, SUBMIT MONTHLY PROOF OF ATTENDANCE AND/OR SUCCESSFUL COMPLETION TO THE PROBATION OFFICER AS DIRECTED AND BE RESPONSIBLE FOR PAYMENT OF ALL PROGRAM FEE(S). NOT ASSOCIATE WITH KNOWN CONVICTED FELONS OR ANYONE ACTIVELY ENGAGED IN CRIMINAL ACTIVITY B-OR CODEFENDANT(S) OR VICTIM(S). NOT ASSOCIATE WITH KNOWN ILLEGAL USERS OR SELLERS OF CONTROLLED SUBSTANCES, NOT MAINTAIN A CHECKING ACCOUNT OR COMPLETE OR ENDORSE ANY CHECKS UNLESS MADE PAYABLE TO YOU AND NOT HAVE ANY BLANK CHECKS IN YOUR POSSESSION WITHOUT PERMISSION OF THE PROBATION OFFICER. SUBMIT A RECORD OF INCOME AND EXPENDITURES TO THE PROBATION OFFICER QUARTERLY. NEITHER POSSESS NOR USE ANY CREDIT CARD WITHOUT PERMISSION OF THE PROBATION OFFICER. NOT DRIVE OR POSSESS KEYS OR DOCUMENTATION TO ANY MOTOR VEHICLE UNLESS LEGALLY REGISTERED TO YOU OR AN IMMEDIATE FAMILY MEMBER, EXCEPT IN THE COURSE OF EMPLOYMENT. REPORT ALL MOTOR VEHICLES REGISTERED TO YOU TO THE PROBATION OFFICER WITHIN SEVEN (7) DAYS OF ACQUISITION. SUBMIT TO AND COOPERATE IN A FIELD INTERROGATION BY ANY PEACE OFFICER AT ANY TIME OF THE DAY OR NIGHT. CARRY AT ALL TIMES A VALID DRIVERS LICENSE OR DEPARTMENT OF MOTOR VEHICLES IDENTIFICATION CARD AND DISPLAY SUCH IDENTIFICATION UPON REQUEST BY ANY PURPOSE WITHOUT FIRST NOTIFYING THE PO. CONTAINING YOUR TRUE NAME AGE AND CURRENT ADDRESS ENROLL IN THE DRUG TREATMENT PROGRAM AT THE DIRECTION OF THE PROBATION OFFICER, AND SHOW PROOF OF ENROLLMENT TO THE PROBATION OFFICER WITHIN SEVEN (7) DAYS. MAKE RESTITUTION TO THE VICTIM(S) (SEE PROBATION REPORT) IN THE AMOUNT OF $9223.77 PLUS A 10% ADMINISTRATIVE FEE, TO BE PAID THROUGH CENTRAL COLLECTIONS MAKE RESTITUTION TO THE VICTIM (SEE PROBATION REPORT) IN THE AM OUNT OF $35000.00 PLUS A 10% ADMINISTRATIVE FEE, TO BEPAID THROUGH CENTRAL COLLECTIONS MAKE RESTITUTION TO THE VICTIM (SEE PROBATION REPORT) IN THE AMO UNT OF $66951.08 PLUS A 10% ADMINISTRATIVE FEE, TO BE PAID THROUGH CENTRAL COLLECTIONS PAY A RESTITUTION FINE IN THE AMOUNT OF $200.00, PLUS A TEN PERCENT (10%) ADMINISTRATIVE FEE THROUGH CENTRAL COLLECTIONS. THE DEFENDANT IS NOT TO FILE ANY LAWSUIT/LEGAL ACTION WITHOUT PRIOR CONTACT WITH PROBATION OFFICER. DO NOT APPLY FOR CREDIT OR A LOAN WITHOUT PRIOR CONTACT WITH PROBATION OFFICER. COMPLY WITH ANY COURT-ORDERED PAYMENT SCHEDULE. MAKE RESTITUTION TO VICTIM (SEE PROBATION REPORT) IN AN AMOUNT TO BE DETERMINED BY PROBATION. MAKE RESTITUTION TO VICTIM (SEE PROBATION REPORT) IN AN AMOUNT TO BE DETERMINED BY PROBATION. PROBATION MAY BE SERVED THROUGH INTER STATE COMPACT AGREEMENT IN THE STATE OF NEW MEXICO UPON APPROVAL FROM PROBATION.
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LISA LIBERI, et al,
Request for Admissions propounded upon Defendant The Sankey Firm, Inc. were served through Email and First Class Mail with Postage fully prepaid this 19th day of January 2012, upon the following:
20
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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 Attorney for Defendant Intelius, Inc. James F McCabe, Esquire Morrison & Foerster 425 Market Street San Francisco, CA 94105-2482 Email: jmccabe@mofo.com 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.
21
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Case 8:11-cv-00485-AG-AJW Document 499-12 #:12450
Filed 04/19/12 Page 1 of 3 Page ID
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EXHIBIT 12
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From: Marc Colen <mcolen@colenlaw.com> Date: Fri, Jan 20, 2012 at 12:47 PM Subject: Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv--00485 - Discovery Re: Todd Sankey To: Philip Berg <philjberg@gmail.com> The docs that we sent will be delivered to you today. Just glanced at your requests and note quite some problems which we will deal with in due time.
Marc Steven Colen The Colen Law Firm 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Tel: 1.818.716.2891 Fax: 1.818.597.4631
This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected.
On Jan 19, 2012, at 10:38 PM, Philip Berg wrote:
January 19, 2012
Marc Steven Colen, Esquire Law Offices of Marc Steven Colen 5737 Kanan Road, Suite 347 Agoura Hills, CA 91301
Sent via Email to mcolen@colenlaw.com, lcolen@aol.com, and lcolen@colenlaw.com; and
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U.S.P.S., Signature Confirmation: 2308 3250 0000 5244 8185
Re:
Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AJG Plaintiffs Discovery served upon Defendant Todd Sankey
Please find attached the correspondence and discovery propounded on Defendant Todd Sankey by the Plaintiffs. Respectfully, Philip J. Berg, Esquire Law Offices of Philip J. Berg 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Cell: (610) 662-3005 Email: philjberg@gmail.com cc: James McCabe, Attorney for the Reed Defendants; and Edward Chang and John A. Vogt, Attorney's for Defendant Intelius, Inc.;
<Liberi - ltr to counsel for Todd Sankey re Discovery 01..pdf><Liberi Plfs Interrogs re Todd Sankey 1.19.pdf><Liberi Plfs Request Admissions on Todd Sankey.pdf><Liberi, Plfs RFP to Todd Sankey.pdf>
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EXHIBIT 13
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Date: 04/18/2012 PHILIP BERG: The following is in response to your 04/18/2012 request for delivery information on your Signature Confirmation(TM) item number 2308 3250 0000 5244 8185. The delivery record shows that this item was delivered on 01/21/2012 at 07:55 AM in AGOURA HILLS, CA 91301 to R SHROYER. The scanned image of the recipient information is provided below.
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Date: 04/18/2012 PHILIP BERG: The following is in response to your 04/18/2012 request for delivery information on your Signature Confirmation(TM) item number 2308 3250 0000 5244 8192. The delivery record shows that this item was delivered on 01/21/2012 at 07:55 AM in AGOURA HILLS, CA 91301 to R SHROYER. The scanned image of the recipient information is provided below.
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309
Case 8:11-cv-00485-AG-AJW Document 499-13 #:12457 LAW OFFICES OF PHILIP J. BERG
555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531

PHILIP J. BERG ______________ (610) 825-3134 NORMAN B. BERG, Paralegal [Deceased] Fax (610) 834-7659 E-Mail: philjberg@gmail.com
January 19, 2012 Marc Steven Colen, Esquire Law Offices of Marc Steven Colen 5737 Kanan Road, Suite 347 Agoura Hills, CA 91301 Sent via Email to mcolen@colenlaw.com, lcolen@aol.com, and lcolen@colenlaw.com; and U.S.P.S., Signature Confirmation: 2308 3250 0000 5244 8185 Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AJG Plaintiffs Discovery served upon Defendant Todd Sankey
Dear Mr. Colen: Please find enclosed the following Discovery being propounded upon your client, Defendant Todd Sankey by the Plaintiffs. 1. 2. 3. Plaintiffs First Set of Interrogatories; Plaintiffs First Set of Request for Production of Documents; and Plaintiffs First Set of Request for Admissions.
Please do not hesitate contacting me should you have any questions. Respectfully,
Philip J. Berg PJB:jb Enclosures Cc: James McCabe, Esquire Counsel for the Reed Defendants by Email John A. Vogt, Esquire Counsel for Defendant Intelius, Inc. by Email
Liberi, et al 01/19/2011 Letter to Counsel for Todd Sankey re Discovery
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January 19, 2012 Marc Steven Colen, Esquire Law Offices of Marc Steven Colen 5737 Kanan Road, Suite 347 Agoura Hills, CA 91301 Sent via Email to mcolen@colenlaw.com, lcolen@aol.com, and lcolen@colenlaw.com; and U.S.P.S., Signature Confirmation: 2308 3250 0000 5244 8192 Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AJG Plaintiffs Discovery served upon Defendant The Sankey Firm, Inc.
Dear Mr. Colen: Please find enclosed the following Discovery being propounded upon your client, Defendant The Sankey Firm, Inc. by the Plaintiffs. 1. 2. 3. Plaintiffs First Set of Interrogatories; Plaintiffs First Set of Request for Production of Documents; and Plaintiffs First Set of Request for Admissions.
Please do not hesitate contacting me should you have any questions. Respectfully,
Philip J. Berg PJB:jb Enclosures Cc: James McCabe, Esquire Counsel for the Reed Defendants by Email John A. Vogt, Esquire Counsel for Defendant Intelius, Inc. by Email
Liberi, et al 01/19/2011 Letter to Counsel for The Sankey Firm, Inc. re Discovery
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EXHIBIT 14
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From: Philip Berg <philjberg@gmail.com> Date: Sat, Feb 25, 2012 at 9:31 PM Subject: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG To: Marc Colen <mcolen@colenlaw.com>, lcolen@colenlaw.com
February 25, 2012 Re: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG Plaintiffs "Meet and Confer" pursuant to Local Rule 7-3. Dear Marc, In the very near future, Plaintiffs intend to move for Summary Judgment on the claims against Todd Sankey, Neil Sankey, Sankey Investigations, Inc., and the Sankey Firm ["The Sankey Defendants"]. I write to satisfy Plaintiffs "Meet and Confer" obligation under Local Rule 7-3. There are not any genuine issues of material facts and therefore Summary Judgment against the Sankey Defendants is appropriate. With the evidence supplied to you and your clients in Plaintiffs Initial Disclosures, and the additional private consumer reports obtained by the Sankey Defendants on the Plaintiffs supplied with the Sankey's Initial Disclosures, there is enough evidence to substantiate Plaintiffs claims against the Sankey Defendants and render judgment in favor of the Plaintiffs. I request the courtesy of a Response to this communication no later than the end of business, Monday, February 27, 2012. If I do not hear from you by then, I will move forward and seek Leave of Court to file a Motion for Summary Judgment against the Sankey Defendants. I look forward to hearing from you. Respectfully, Philip J. Berg, Esquire LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134
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Fx: (610) 834-7659 Cell: (610) 662-3005 Email: philjberg@gmail.com
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EXHIBIT 15
315
From: Marc Colen <mcolen@colenlaw.com> Date: Mon, Feb 27, 2012 at 12:27 PM Subject: Re: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG To: Philip Berg <philjberg@gmail.com>
Dear Phil,
You need not send text in bold font. My eyes are not what they were, but I can read small text on my two computer screens. In any event, it is annoying. This manner of this response merely as an example of annoying text and not intended as a personal or professional slight.
The following are a few comments; these and more will be used to respond to your threatened request to the Court.
I doubt that the Judge will look fondly on a Meet and Confer sent over the weekend and thus on a Monday morning should have a deadline to respond on the same day. Your deadlines have been and obviously continue to be without merit. I believe that your conduct is sanctionable; that you have Liberi doyour work will not be an excuse. Well certainly find out.
Whether a particular allegation is a material fact will be open to question and your ability to establish anything at this point is minuscule or less, as you will see. Declarations by Liberi will be challenged: she is s convicted felon and her convictions include fraud. They will be discounted.
A MSJ is not going to happen until our discovery is complete. You have not provided responses to our discovery and I suspect that your responses will require motions to compel. Delaying your responses until the deadline or responding in an inadequate manner is not to your advantage. last Sending me inappropriate replies that require
316
motions to compel will delay your MSJ further. Somehow I think that I will be filing such motions.
The following is a delineation of a very few portion of the authority that I made use.
F.R.C.P. 56
Anderson v. Liberty Lobby (1986) 477 U.S. 242 Eastman Kodak v. Image (1992) 504 U.S. 451
Bryant v. Hall (5th Cir 1956) 238 Fed 2nd 283 DePinto v. Provident (9th Cir. 1963) 323 Fed.2nd 826 Harris v. Itzaki (9th Cir. 1999) 183 Fed.3rd 1043 Hopkins v. Andaya (9th Cir. 1992) 958 Fed.2nd 881 Low v. Pate (5th Cir 1977) 558 Fed.2nd 769 Nunez v. Superior Oil (5th Cir 1988) 572 Fed 2nd 1119 SEC v. Koracorp (9th Cir. 1978) 575 F.2d 692 Simien v. Kresge ( 5th Cir 1978) 566 Fed.2nd 551 T.W. Elec v. Pacific (9th Cir. 1987) 809 Fed.2nd 626 United States v. One Tintoretto (2nd ACir 1982) 691 Fed. 603 Wilson v. Chicago (7th Cir. 1988) 841
317
Enough, I will finish my research and you will do your own research. In any event, I am totally confident that you will lose any MSJ and we end this case by way of jury. Weve got a trial attorney picked out.
Regards,
Marc
From: Philip Berg <philjberg@gmail.com> Date: Sat, 25 Feb 2012 23:31:47 -0500 To: MSC Physics <mcolen@colenlaw.com>, <lcolen@colenlaw.com> Subject: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG
February 25, 2012 Re: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG Plaintiffs "Meet and Confer" pursuant to Local Rule 7-3. Dear Marc, In the very near future, Plaintiffs intend to move for Summary Judgment on the claims against Todd Sankey, Neil Sankey, Sankey Investigations, Inc., and the Sankey Firm ["The Sankey Defendants"]. I write to satisfy Plaintiffs "Meet and Confer" obligation under Local Rule 7-3. There are not any genuine issues of material facts and therefore Summary Judgment against the Sankey Defendants is appropriate. With the evidence supplied to you and your clients in Plaintiffs Initial
318
Disclosures, and the additional private consumer reports obtained by the Sankey Defendants on the Plaintiffs supplied with the Sankey's Initial Disclosures, there is enough evidence to substantiate Plaintiffs claims against the Sankey Defendants and render judgment in favor of the Plaintiffs. I request the courtesy of a Response to this communication no later than the end of business, Monday, February 27, 2012. If I do not hear from you by then, I will move forward and seek Leave of Court to file a Motion for Summary Judgment against the Sankey Defendants. I look forward to hearing from you. Respectfully, Philip J. Berg, Esquire LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Cell: (610) 662-3005 Email: philjberg@gmail.com
319
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EXHIBIT 16
320
From: Philip Berg <philjberg@gmail.com> Date: Mon, Feb 27, 2012 at 2:53 PM Subject: Re: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG To: Marc Colen <mcolen@colenlaw.com>
Marc, In response to your Email, I sent the Email over the weekend so you would have it first thing this morning. I requested a response that you received my Email by the end of Monday, February 27, 2012, which you did. You, as an Attorney, always have the right to respond that a different date or time is needed, which you did not do. As for your disagreements with Plaintiffs filing a Summary Judgment Motion, I take this to mean you are not in agreement and disagree. Therefore, I will proceed forward and seek leave of Court to file Plaintiffs Motion for Summary Judgment against your clients. A Summary Judgment Motion can be brought at any time. Respectfully, Philip J. Berg, Esquire On Mon, Feb 27, 2012 at 12:27 PM, Marc Colen <mcolen@colenlaw.com> wrote:
Dear Phil,
You need not send text in bold font. My eyes are not what they were, but I can read small text on my two computer screens. In any event, it is annoying. This manner of this response merely as an example of annoying text and not intended as a personal or professional slight.
The following are a few comments; these and more will be used to respond to your threatened request to the Court.
I doubt that the Judge will look fondly on a Meet and Confer sent over the weekend and thus on a Monday morning should have a deadline to respond on the same day. Your deadlines have been and obviously continue to be without merit. I believe that your
321
conduct is sanctionable; that you have Liberi doyour work will not be an excuse. Well certainly find out.
Whether a particular allegation is a material fact will be open to question and your ability to establish anything at this point is minuscule or less, as you will see. Declarations by Liberi will be challenged: she is s convicted felon and her convictions include fraud. They will be discounted.
A MSJ is not going to happen until our discovery is complete. You have not provided responses to our discovery and I suspect that your responses will require motions to compel. Delaying your responses until the deadline or responding in an inadequate manner is not to your advantage. last Sending me inappropriate replies that require motions to compel will delay your MSJ further. Somehow I think that I will be filing such motions.
The following is a delineation of a very few portion of the authority that I made use.
F.R.C.P. 56
Anderson v. Liberty Lobby (1986) 477 U.S. 242 Eastman Kodak v. Image (1992) 504 U.S. 451
Bryant v. Hall (5th Cir 1956) 238 Fed 2nd 283 DePinto v. Provident (9th Cir. 1963) 323 Fed.2nd 826 Harris v. Itzaki (9th Cir. 1999) 183 Fed.3rd 1043 Hopkins v. Andaya (9th Cir. 1992) 958 Fed.2nd 881
322
Low v. Pate (5th Cir 1977) 558 Fed.2nd 769 Nunez v. Superior Oil (5th Cir 1988) 572 Fed 2nd 1119 SEC v. Koracorp (9th Cir. 1978) 575 F.2d 692 Simien v. Kresge ( 5th Cir 1978) 566 Fed.2nd 551 T.W. Elec v. Pacific (9th Cir. 1987) 809 Fed.2nd 626 United States v. One Tintoretto (2nd ACir 1982) 691 Fed. 603 Wilson v. Chicago (7th Cir. 1988) 841
Enough, I will finish my research and you will do your own research. In any event, I am totally confident that you will lose any MSJ and we end this case by way of jury. Weve got a trial attorney picked out.
Regards,
Marc
From: Philip Berg <philjberg@gmail.com> Date: Sat, 25 Feb 2012 23:31:47 -0500 To: MSC Physics <mcolen@colenlaw.com>, <lcolen@colenlaw.com> Subject: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG
323
February 25, 2012 Re: Liberi et al v. Taitz et al, Case No. 8:11-cv-00485 AJG Plaintiffs "Meet and Confer" pursuant to Local Rule 7-3. Dear Marc, In the very near future, Plaintiffs intend to move for Summary Judgment on the claims against Todd Sankey, Neil Sankey, Sankey Investigations, Inc., and the Sankey Firm ["The Sankey Defendants"]. I write to satisfy Plaintiffs "Meet and Confer" obligation under Local Rule 7-3. There are not any genuine issues of material facts and therefore Summary Judgment against the Sankey Defendants is appropriate. With the evidence supplied to you and your clients in Plaintiffs Initial Disclosures, and the additional private consumer reports obtained by the Sankey Defendants on the Plaintiffs supplied with the Sankey's Initial Disclosures, there is enough evidence to substantiate Plaintiffs claims against the Sankey Defendants and render judgment in favor of the Plaintiffs. I request the courtesy of a Response to this communication no later than the end of business, Monday, February 27, 2012. If I do not hear from you by then, I will move forward and seek Leave of Court to file a Motion for Summary Judgment against the Sankey Defendants. I look forward to hearing from you. Respectfully, Philip J. Berg, Esquire LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Cell: (610) 662-3005 Email: philjberg@gmail.com
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EXHIBIT 17
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From: Philip Berg <philjberg@gmail.com> Date: Mon, Feb 27, 2012 at 4:04 PM Subject: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AJG - Request for Leave of Court To: Lisa Bredahl <AG_Chambers@cacd.uscourts.gov> Cc: "Miller, Michael B." <MBMiller@mofo.com>, "McCall, C. J." <CJMccall@mofo.com>, echang@jonesday.com, mcolen@colenlaw.com, jcunningham@srrlawfirm.com, kschumann@srrlawfirm.com, orly.taitz@gmail.com, javogt@jonesday.com, "McCabe, Jim" <JMcCabe@mofo.com>
February 27, 2012 Honorable Andrew J. Guilford Judge, United States District Court U.S. District Court, Central District of CA, Southern Division 411 W. 4th Street, Courtroom 10-D Santa Ana, CA 92701
Sent via Email to: AG_Chambers@cacd.uscourts.gov
Re:
Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AG
Dear Judge Guilford:
Please find attached hereto Plaintiffs letter Requesting Leave to file a Motion for Summary Judgment against Defendants, Neil Sankey, Todd Sankey, Sankey Investigations, Inc. and The Sankey Firm, Inc. Thank you.
Respectfully,
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Philip J. Berg 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Cell: (610) 662-3005 Email: philjberg@gmail.com
cc: Jeffrey Cunningham, Esquire, Attorney for Orly Taitz; Orly Taitz, Attorney for Defendant Defend our Freedoms Foundations, Inc.; Jim McCabe, Esquire and Michael B. Miller, Attorneys for the Reed Defendants; John A Vogt, Jr., Esquire, and Edward San Chang, Esquire, Attorneys for Defendant Intelius, Inc.; and Marc Steven Colen, Esquire, Attorney for Neil Sankey, Todd Sankey, Sankey Investigations, Inc. and the Sankey Firm, Inc.
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February 27, 2012 Honorable Andrew J. Guilford Judge, United States District Court U.S. District Court, Central District of CA, Southern Division 411 W. 4th Street, Courtroom 10-D Santa Ana, CA 92701 Sent via Email to: AG_Chambers@cacd.uscourts.gov Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AG (AJWx)
Dear Judge Guilford: Pursuant to this Courts Order of June 14, 2011, Docket No. 227, Plaintiffs are seeking Leave to File a Motion for Summary Judgment against Neil Sankey, Todd Sankey, Sankey Investigations, Inc. and The Sankey Firm, pursuant to Fed. R. Civ. P. 56. As will be outlined in Plaintiffs prospective Motion for Summary Judgment, the indisputable evidence will show that Plaintiffs are entitled to Summary Judgment against Neil Sankey, Todd Sankey, Sankey Investigations, Inc. and the Sankey Firm as a matter of law as to all Plaintiffs claims. Therefore, Plaintiffs respectfully submit that good cause exists to Grant Plaintiffs Leave to file a Motion for Summary Judgment. Thank you. Respectfully,
Philip J. Berg
PJB:jb
Liberi, et al, Plaintiffs letter seeking Leave to file a Motion for Summary Judgment against the Sankey Defendants
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Filed 04/19/12 Page 5 of 5 Page ID February 27, 2012
Honorable Andrew J. Guilford Judge, United States District Court U.S. District Court, Central District of CA, Southern Division Page Two
cc:
Jeffrey Cunningham, Esquire, Attorney for Defendants Orly Taitz, Law Offices of Orly Taitz, and Orly Taitz, Inc. Orly Taitz, Esquire, Attorney for Defendant Defend our Freedoms Foundations, Inc. Marc S. Colen, Esquire, Attorney for Sankey Defendants James McCabe, Esquire, and Michael B. Miller, Esquire Attorneys for the Reed Defendants John A. Vogt, Jr., Esquire, and Edward S. Chang, Esquire, Attorneys for Defendant Intelius, Inc.
Liberi, et al, Plaintiffs letter seeking Leave to file a Motion for Summary Judgment against the Sankey Defendants
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EXHIBIT 18
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From: Marc Colen <mcolen@colenlaw.com> Date: Thu, Mar 1, 2012 at 11:26 AM Subject: Responses To: Philip Berg <philjberg@gmail.com> Hello, Philip, For unanticipated reasons the responses to your discovery is late. We will need another 2 weeks max. to get it to you. I am aware of the issue of waiving objections and intend to respond without objections. Marc
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EXHIBIT 19
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C LF
March 7, 2012
The Colen Law Firm
Honorable Andrew J. Guilford Judge, United States District Court U.S. District Court, Central District of CA, Southern Division 411 W. 4th Street, Courtroom 10-D Santa Ana, CA 92701 Sent via Email to: AG_Chambers@cacd.uscourts.gov Re: Liberi, et al v. Taitz, et al, Case No. 8:11-cv-00485 AG
Dear Judge Guilford: Defendants The Sankey Firm, Inc. and Todd Sankey request that this Honorable Court permit these Defendants to file a Motion pursuant to Rule 36 on the bases that the admissions are contrary to the actual facts, that the presentation of the case on the merits will be precluded and that there will be no prejudice to the Plaintiffs. The Sankey Defendants There are two distinct groups within the Sankey Defendants. The first group is comprised of Todd Sankey and The Sankey Firm, Inc. which will henceforth be referred to as TSF. The second group is comprised of Neil Sankey and his own company, Sankey Investigations, Inc. They will be filing for bankruptcy protection within a week. This letter and the proposed motion is thus confined to TSF. Immediate Acknowledgement of Error As a result of a failure of our calendaring system and consequently my own error, we failed to respond to the Plaintiffs discovery in a timely fashion. As
5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301
Telephone (818) 716-2891 Facsimile (818) 597-4631 Writers email: mcolen@colenlaw.com
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Honorable Andrew J. Guilford Judge, United States District Court March 7, 2011 Page 2
soon as we so determined, I sent an email to Mr. Berg stating our acknowledgement of error and that we would respond fully to his entire voluminous discovery without objection within 14 days [despite that the limit of 25 interrogatories is exceeded by many hundreds and that the requests for admissions are improper]. Responses Sent herewith are the Responses to the Request for Admissions. They are currently unsigned; the first day that Todd Sankey and I can meet is Saturday after which the originals will be sent to the Plaintiffs counsel with copies to counsel. ARGUMENT A. The Requests are Contrary to the Actual Facts
1. There is no relationship between TSF and the work performed by Neil Sankey, Todds father, for Orly Taitz. Neil Sankey worked for Orly Taitz on a project of their mutual interest, the President Obama birth certificate issue. 2. TSF has never had any interest in the Obama birth certificate issue and never did any work concerning that issue. 3. TSF has never been retained by Orly Taitz to do any work for her, never volunteered to do so and never did any such work. 4. Todd Sankey admits a single Request which requested of an admission that Neil Sankey is not a licensed private investigator for The Sankey Firm. This is precisely TSFs contention. That is shown on the copy of the Responses sent herewith. 5. The Sankey Firm admits three Requests of which two are effectively identical. The non-duplicative Request is the same as the one as for Todd Sankey; The Sankey Firm agrees that Neil Sankey is not a licensed private investigator for The Sankey Firm. The duplicative Request desires the admission that private investigators are regulated by the California Bureau of
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Honorable Andrew J. Guilford Judge, United States District Court March 7, 2011 Page 3 Security and Investigative Services. No substantive admissions were made. That
is shown on the copy of the Responses sent herewith. 6. The conclusions of law that are simply wrong.
7. No acquisiti0n of information concerning the Plaintiffs was performed by Todd Sankey or The Sankey Firm. 8. No dissemination of purportedly confidential information was performed by Todd Sankey or The Sankey Firm. B. These Defendants Will Be Precluded for Presenting their Case on Its Merits Upholding the [deemed] admissions would practically eliminate any presentation of the merits of the case. Conlon v. U.S., 474 F.3d 616, 622 (9th Cir. 2007). If the Plaintiffs are deserving of prevailing on a Motion for Summary Judgment than they should do so on the basis of the merits of this case. C. There is No Prejudice to the Plaintiffs
Plaintiffs will obtain far more information than they would have received if the responses had been timely. The facts upon which TSF bases its nonadmissions, the relevant witnesses and the documents supporting the nonadmissions, none of which would have been provided because TSF last lost the ability to object to the astronomical amount of interrogatories and subparts. D. A Motion for Summary Judgment is Not Timely in any Event
1. Plaintiffs have not yet responded to the Sankey Defendants discovery and no Motion for Summary Judgment against them can proceed until all the entirety of their discovery is completed. It appears highly likely that the Responses by the Defendants will be problematic because of Mr. Bergs
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Honorable Andrew J. Guilford Judge, United States District Court March 7, 2011 Page 4
conflict derived from his role as both a plaintiff and as counsel for the remaining Plaintiffs counsel and the Responses will not be appropriate. It seems reasonably likely that one or more motions to compel will be required to resolve these issues. 2. No discovery could be had from the Taitz defendants because of the Stay. That discovery is critical to the defense of this action. CONCLUSION In view of the foregoing, I respectfully request leave of Court to file a Motion pursuant to Rule 36 to allow Todd Sankey and The Sankey Firm to properly respond to Plaintiffs Requests for Admissions. That objections were waived is not disputed. Respectfully yours,
Marc S. Colen
Marc S. Colen
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Marc Steven Colen, sbn 108275 Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Tele: 818.716.2891 Fax: 818.597.4631 Attorney for Defendants Neil Sankey, Todd Sankey, The Sankey Firm, Inc., and Sankey Investigations, Inc.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
) ( Lisa Liberi, et al., ) ) ) Plaintiffs, ) ) vs. ) ) Orly Taitz, et al., ) ) Defendants ) ) __________________________ )
Case No.: 8:11-cv-00485 AG (AJWx) RESPONSE TO REQUEST FOR ADMISSIONS SET 1 PROPOUNDING PARTY: PLAINTIFFS LISA LIBERI, LISA OSTELLA, PHILIP J. BERG, ESQUIRE, GO EXCEL GLOBAL AND THE LAW OFFICES OF PHILIP J. BERG RESPONDING PARTY: DEFENDANT, TODD SANKEY
Liberi v. Taitz Case No.: 8:11-cv-00485 AG Todd Sankeys Response to Request for Admissions 1
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REQUEST FOR ADMISSION NO. 1: Admit YOU were aware and allowed Neil Sankey to use YOUR log in credentials to access Plaintiffs People Finder data and Personal Identifiers through the Reed Defendants (Reed Defendants includes Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc.) and Defendant Intelius, Inc. without any type of permissible purpose or legal entitlement. RESPONSE TO REQUEST FOR ADMISSION NO. 1 Deny. REQUEST FOR ADMISSION NO. 2: Admit YOU have accounts with Confi-Chek, U.S. Search, Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc.) RESPONSE TO REQUEST FOR ADMISSION NO. 2 Deny. REQUEST FOR ADMISSION NO. 3: Admit YOU were aware and allowed Neil Sankey to use YOUR log-in
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credentials and obtain Plaintiffs financial records, credit records, employment records, medical records and other records from Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc. without a permissible purpose or any type of legal entitlement. RESPONSE TO REQUEST FOR ADMISSION NO. 3 Deny. REQUEST FOR ADMISSION NO. 4: Admit Neil Sankey is not a licensed Private Investigator for the Sankey Firm. RESPONSE TO REQUEST FOR ADMISSION NO. 4 Admit. REQUEST FOR ADMISSION NO. 5: Admit YOU are the owner and operator of The Sankey Firm, Inc. /// /// /// ///
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RESPONSE TO REQUEST FOR ADMISSION NO. 5 Admit that I am an owner of The Sankey Firm, Inc. The definition of operator of the Sankey Firm, Inc. is not provided nor understood the word operator is not used by licensed private investigators. REQUEST FOR ADMISSION NO. 6: Admit YOU were aware and assisted Neil Sankey in filing false allegations about the Plaintiffs with State and Federal Agencies, including probation departments. RESPONSE TO REQUEST FOR ADMISSION NO. 6 Deny. REQUEST FOR ADMISSION NO. 7: Admit Neil Sankey used YOUR office, YOUR telephone number, YOUR Company, The Sankey Firm, and YOUR log-in credentials to obtain the People Finder data, financial data, sealed court documents, medical data, and Personal Identifiers of the Plaintiffs. RESPONSE TO REQUEST FOR ADMISSION NO. 7 Deny. ///
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REQUEST FOR ADMISSION NO. 8: Admit YOU accessed and obtained the People Finder data, Personal Identifiers, Credit Reports, Financial Reports, Sealed Court Documents and other documents on the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family members through Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc., without any type of permissible purpose or legal entitlement and provided Plaintiffs data to the other Defendants, including but not limited to Neil Sankey. RESPONSE TO REQUEST FOR ADMISSION NO. 8 Deny. REQUEST FOR ADMISSION NO. 9: Admit Neil Sankey has portrayed himself as a Private Investigator for The Sankey Firm. RESPONSE TO REQUEST FOR ADMISSION NO. 9 I have made a reasonable inquiry and the information known or readily obtainable is insufficient to enable me to admit or deny. ///
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REQUEST FOR ADMISSION NO. 10: Admit YOU were aware Neil Sankey sent an email to Reporter Bob Unruh with World Net Daily, from the Sankey Firm, about Plaintiff Lisa Liberi that contained Plaintiff Liberis full Social Security number, date of birth, spouses name and Social Security number and other private data. RESPONSE TO REQUEST FOR ADMISSION NO. 10 Deny. REQUEST FOR ADMISSION NO. 11: Admit the California Bureau of Security and Investigative Services restricts Private Investigators from accessing and obtaining a person(s) full Social Security number and other private identifying information for the purpose of publishing to harm the individual(s). RESPONSE TO REQUEST FOR ADMISSION NO. 11 Deny. REQUEST FOR ADMISSION NO. 12: Admit YOU were aware and allowed Neil Sankey to utilize YOUR log in credentials and obtain information from the California Department of Motor Vehicles, other person(s), agencies and entities, including the other Defendants, on the Plaintiffs based on false pretenses.
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RESPONSE TO REQUEST FOR ADMISSION NO. 12 Deny. REQUEST FOR ADMISSION NO. 13: Admit YOU have created irreversible harm and damages to Plaintiffs by disseminating erroneous information; their People Finder Data and their Personal Identifiers to an immeasurable amount of people and businesses. RESPONSE TO REQUEST FOR ADMISSION NO. 13 Deny. REQUEST FOR ADMISSION NO. 14: Admit YOU did not have any permissible purpose or legal entitlement to any information regarding any of the Plaintiffs. RESPONSE TO REQUEST FOR ADMISSION NO. 14 Deny that I require any purpose or entitlement to obtain publicly available information about the Plaintiffs. REQUEST FOR ADMISSION NO. 15: Admit YOU are unable to demonstrate how many people have received Plaintiffs private personal identifying information and incorrect information
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because of the nature of the internet and the numerous ways it was repeatedly posted on the Internet and sent out by Defendant Orly Taitz. RESPONSE TO REQUEST FOR ADMISSION NO. 15 Admit that I am unable to demonstrate how many people have obtained information concerning the Plaintiffs. As to the rest, I have made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 16: Admit YOU were aware Neil Sankey falsely accused Plaintiff Lisa Liberis husband of being a parolee and diverting funds from Philip J. Berg, Esquires website. RESPONSE TO REQUEST FOR ADMISSION NO. 16 Deny. REQUEST FOR ADMISSION NO. 17: Admit YOU were aware and allowed Neil Sankey to use YOUR log-in credentials and YOUR resources to assist Defendant Orly Taitz in harming and causing damages to the Plaintiffs. /// ///
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RESPONSE TO REQUEST FOR ADMISSION NO. 17 Deny. REQUEST FOR ADMISSION NO. 18: Admit LexisNexis (Reed Elsevier, Inc.) cancelled YOUR subscription in or about 2010 to their products due to abuse. RESPONSE TO REQUEST FOR ADMISSION NO. 18 I have made a reasonable inquiry and the information known or readily obtainable is insufficient to enable me to admit or deny. REQUEST FOR ADMISSION NO. 19: Admit YOU never reported to law enforcement the misuse of Plaintiffs People Finder Data and Personal Identifier data that Neil Sankey through YOU and the Sankey Firm, obtained and provided to Defendant Orly Taitz and the other Defendants and allowed Defendant Orly Taitz to distribute Plaintiffs data all over the Internet, through mass emailing, mass mailing, etc. RESPONSE TO REQUEST FOR ADMISSION NO. 19 This Request is so convoluted as to be unintelligible. Based on my best possible guess of what it means, I admit that I never reported anything to law enforcement concerning any portion of this case. Deny that Neil Sankey did anything through me. As to the rest, I have made a reasonable inquiry and the
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information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 20: Admit YOU were aware and allowed Neil Sankey to use your log-in credentials and access and pull sealed documents including, but not limited to sealed court documents pertaining to the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members. RESPONSE TO REQUEST FOR ADMISSION NO. 20 Deny.
Dated this ___ of March, 2012
____________________ Marc Steven Colen Law Offices of Marc Steven Colen Attorney for Defendants Neil Sankey, Todd Sankey, The Sankey Firm, Inc., and Sankey Investigations, Inc.
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Marc Steven Colen, sbn 108275 Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Tele: 818.716.2891 Fax: 818.597.4631 Attorney for Defendants Neil Sankey, Todd Sankey, The Sankey Firm, Inc., and Sankey Investigations, Inc.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
) ( Lisa Liberi, et al., ) ) ) Plaintiffs, ) ) vs. ) ) Orly Taitz, et al., ) ) Defendants ) ) __________________________ )
Case No.: 8:11-cv-00485 AG (AJWx) RESPONSE TO REQUEST FOR ADMISSIONS SET 1 PROPOUNDING PARTY: PLAINTIFFS LISA LIBERI, LISA OSTELLA, PHILIP J. BERG, ESQUIRE, GO EXCEL GLOBAL AND THE LAW OFFICES OF PHILIP J. BERG RESPONDING PARTY: DEFENDANT, THE SANKEY FIRM, INC.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions !"""""""""""""""""
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REQUEST FOR ADMISSION NO. 1: Admit EXHIBIT A attached hereto is an Email sent from The Sankey Firm, Inc. by Neil Sankey. RESPONSE TO REQUEST FOR ADMISSION NO. 1 This Responding Party has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 2: Admit you have accounts with Confi-Chek, U.S. Search, Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, ChoicePoint, Inc., and KnowX. RESPONSE TO REQUEST FOR ADMISSION NO. 2 Deny. REQUEST FOR ADMISSION NO. 3: Admit Neil Sankey and Todd Sankey used your log-in credentials and obtained Plaintiffs financial records, credit records, employment records, medical records and other records from Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions #"""""""""""""""""
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Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc. without a permissible purpose or any type of legal entitlement. RESPONSE TO REQUEST FOR ADMISSION NO. 3 Deny. REQUEST FOR ADMISSION NO. 4: Admit Neil Sankey is not a licensed Private Investigator for The Sankey Firm. RESPONSE TO REQUEST FOR ADMISSION NO. 4 Admit. REQUEST FOR ADMISSION NO. 5: Admit you are responsible for your employee(s) actions and inactions. RESPONSE TO REQUEST FOR ADMISSION NO. 5 Deny as to all actions and inactions, admit that this Responding Party has limited responsibility for a few actions and inactions of its employees. REQUEST FOR ADMISSION NO. 6:
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions $"""""""""""""""""
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Admit you and your employee(s) Private Investigations licensing is governed by the California Bureau of Security and Investigative Services [BSIS]. RESPONSE TO REQUEST FOR ADMISSION NO. 6 Admit. REQUEST FOR ADMISSION NO. 7: Admit you and your employee(s) are required to adhere to the California laws and the guidelines, requirements, and regulations outlined in the California BSIS. RESPONSE TO REQUEST FOR ADMISSION NO. 7 Admit. REQUEST FOR ADMISSION NO. 8: Admit you and/or your employee(s) accessed and obtained the People Finder data, Personal Identifiers, Credit Reports, Financial Reports, Sealed Court Documents and other documents on the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family members through Intelius, Inc., Reed Elsevier, Inc.; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis.com; LexisNexis, Inc.; LexisNexis Group; Accurint, and ChoicePoint, Inc., Intelius, Inc., U.S. Search, KnowX, Confi-Chek, etc., without any type of permissible purpose or legal entitlement
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions %"""""""""""""""""
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and provided Plaintiffs data to the other Defendants, including but not limited to Neil Sankey. RESPONSE TO REQUEST FOR ADMISSION NO. 8 Deny. REQUEST FOR ADMISSION NO. 9: Admit EXHIBIT A attached hereto contains Plaintiff Lisa Liberis name, Social Security number(s), date of birth, Spouses name, date of birth and Social Security number and other confidential information obtained from Intelius, Inc., Reed Elsevier, Inc., LexisNexis.com, LexisNexis, Inc., LexisNexis Group, Accurint, ChoicePoint, Inc., LexisNexis Risk Solutions, Inc., LexisNexis Risk and Information Analytics Group, Inc. RESPONSE TO REQUEST FOR ADMISSION NO. 9 This Responding Party has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 10: Admit when you or your employee(s) investigate an Individual, you and your employee(s) are required to maintain the Individual(s) private and personal data, including but not limited to name, address, telephone number, date of birth, place of birth, Social Security number, mothers maiden names,
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions &"""""""""""""""""
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financial and credit data, medical data, etc. confidential and not share it with the public. RESPONSE TO REQUEST FOR ADMISSION NO. 10 Deny. REQUEST FOR ADMISSION NO. 11: Admit the California BSIS restricts you and your employee(s) from accessing and obtaining a person(s) full Social Security number and other private identifying information for the purpose of publishing the personal data to harm the individual(s). RESPONSE TO REQUEST FOR ADMISSION NO. 11 Deny. REQUEST FOR ADMISSION NO. 12: Admit Neil Sankey and Todd Sankey utilized your log in credentials and obtained information from the California Department of Motor Vehicles, other person(s), agencies and entities, including the other Defendants, on the Plaintiffs based on false pretenses. RESPONSE TO REQUEST FOR ADMISSION NO. 12 Deny.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions '"""""""""""""""""
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REQUEST FOR ADMISSION NO. 13: Admit you and your employee(s) have created irreversible harm and damages to Plaintiffs by disseminating erroneous information; their People Finder Data and their Personal Identifiers to an immeasurable amount of people and businesses. RESPONSE TO REQUEST FOR ADMISSION NO. 13 Deny. REQUEST FOR ADMISSION NO. 14: Admit you or your employee(s) did not have any permissible purpose or legal entitlement to any information regarding any of the Plaintiffs. RESPONSE TO REQUEST FOR ADMISSION NO. 14 Deny that The Sankey Firm requires any particular purpose or entitlement to obtain publicly available information. REQUEST FOR ADMISSION NO. 15: Admit you are unable to demonstrate how many people have received Plaintiffs private personal identifying information and incorrect information because of the nature of the internet and the numerous ways it was repeatedly posted on the Internet and sent out by Defendants Orly Taitz, Neil Sankey and the other Defendants.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions ("""""""""""""""""
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RESPONSE TO REQUEST FOR ADMISSION NO. 15 Admit that The Sankey Firm is unable to demonstrate anything regarding the Plaintiffs. As to the remainder, has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 16: Admit you and your employee(s) must have a permissible purpose and legal entitlement to access any individual(s) Personal Identifiers, People Finder data, financial data, credit data, medical data, and any other information and data. RESPONSE TO REQUEST FOR ADMISSION NO. 16 Deny that The Sankey Firm requires any particular purpose or entitlement to obtain publicly available information. REQUEST FOR ADMISSION NO. 17: Admit you and your employee(s) allowed Neil Sankey and Todd Sankey to use your log-in credentials and your resources to assist Defendant Orly Taitz in harming and causing damages to the Plaintiffs. RESPONSE TO REQUEST FOR ADMISSION NO. 17 Deny
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions )"""""""""""""""""
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REQUEST FOR ADMISSION NO. 18: Admit LexisNexis (Reed Elsevier, Inc.) cancelled your subscription in or about 2010 to their products due to abuse. RESPONSE TO REQUEST FOR ADMISSION NO. 18 The Sankey Firm has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. REQUEST FOR ADMISSION NO. 19: Admit you and your employee(s) failed to report to law enforcement the misuse of Plaintiffs People Finder Data and Personal Identifier data that Neil Sankey through you and your employee(s), obtained and provided to Defendant Orly Taitz and the other Defendants and allowed Defendant Orly Taitz to distribute Plaintiffs data all over the Internet, through mass Emailing, mass mailing, etc. RESPONSE TO REQUEST FOR ADMISSION NO. 19 This request is unintelligible but to the extent that a response can be made, The Sankey Firm additionally responds as follows: The Sankey Firm took no actions to assist Defendant Orly Taitz. As to the remainder, The Sankey Firm has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions *"""""""""""""""""
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REQUEST FOR ADMISSION NO. 20: Admit you and your employee(s) allowed Neil Sankey to use your log-in credentials and access and pull sealed documents including, but not limited to sealed court documents pertaining to the Plaintiffs, Plaintiffs Spouses, Plaintiffs Children and Plaintiffs Family Members. RESPONSE TO REQUEST FOR ADMISSION NO. 20 Deny. REQUEST FOR ADMISSION NO. 21: Admit when you and/or your Private Investigator(s) are requested or hired to perform a job for a client, you and your Private Investigator(s) are required to ensure your client has a permissible purpose or legal entitlement to the information sought. RESPONSE TO REQUEST FOR ADMISSION NO. 21 Deny. REQUEST FOR ADMISSION NO. 22: Admit you and your employee(s) are required to verify the permissible purpose and/or legal entitlement of your Client to Individual(s) People Finder Data, Personal Identifier Data, Financial Records, Credit Data, and other information.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions !+"""""""""""""""""
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RESPONSE TO REQUEST FOR ADMISSION NO. 22 Deny. REQUEST FOR ADMISSION NO. 23: Admit you and your employee(s) failed to obtain and/or verify Orly Taitzs, permissible purpose and/or legal entitlement to Plaintiffs People Finder Data, Personal Identifier Data, Financial Data, Background Checks, Credit Data, or any other information and/or data. RESPONSE TO REQUEST FOR ADMISSION NO. 23 Deny that The Sankey Firm had anything to do with Defendant Orly Taitz. REQUEST FOR ADMISSION NO. 24: Admit your client, Orly Taitz, did not have any type of permissible purpose or legal entitlement to any of the Plaintiffs data. RESPONSE TO REQUEST FOR ADMISSION NO. 24 The Sankey Firm has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable this responding Party to admit or deny. /// ///
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions !!"""""""""""""""""
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REQUEST FOR ADMISSION NO. 25: Admit you and your employee(s) were fully aware Orly Taitz or any of the other Defendants, did not have a permissible purpose or legal entitlement to any of the Plaintiffs information or data, but you and your employee(s) provided it anyway. RESPONSE TO REQUEST FOR ADMISSION NO. 25 Deny.
Dated this ___ of March, 2012
____________________ Marc Steven Colen Law Offices of Marc Steven Colen Attorney for Defendants Neil Sankey, Todd Sankey, The Sankey Firm, Inc., and Sankey Investigations, Inc.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG The Sankey Firms Response to Req. for Admissions !#"""""""""""""""""
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LISA LIBERI, et al,
I, Philip J. Berg, Esquire, hereby certify a true and correct copy of Philip J. Berg,
Esquires Declaration in support of Plaintiffs Opposition to Todd Sankey and The Sankey Firm, Inc.s Motion to Withdraw their Admissions Deemed Admitted was served through the ECF filing system this 19th day of April 2012 upon the following:
Marc Steven Colen, Esq. Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Email: mcolen@colenlaw.com Attorney for Defendants: Todd Sankey; and The Sankey Firm, Inc.
Liberi, et al Plaintiffs Cert of Svc re Declaration of Philip J. Berg, Esquire
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James F McCabe Morrison & Foerster 425 Market St San Francisco, CA 94105-2482 Email: jmccabe@mofo.com Attorney for Defendants: Reed Elsevier, Inc.; LexisNexis Group; LexisNexis; LexisNexis Risk and Information Analytics Group, Inc.; LexisNexis Risk Solutions, Inc.; LexisNexis Seisint, Inc. d/b/a Accurint; Choicepoint, Inc.
Orly Taitz 29839 Santa Margarita Parkway, Suite 100 Rancho Santa Margarita, CA 92688 Email: orly.taitz@gmail.com and Email: dr_taitz@yahoo.com Attorney for Defendant Defend our Freedoms Foundation, Inc.
Kim Schumann, Esquire Jeffrey P. Cunningham, Esquire SCHUMANN, RALLO & ROSENBERG, LLP 3100 Bristol Street, Suite 400 Costa Mesa, CA 92626 Email: pcookA@srrlawfirm.com Attorney for Defendants Orly Taitz; Orly Taitz, Inc.; and Law Offices of Orly Taitz /s/ Philip J. Berg Philip J. Berg, Esquire
Liberi, et al Plaintiffs Cert of Svc re Declaration of Philip J. Berg, Esquire

Liberi V Taiitz Philip J Berg Esq Decl in Opp ToSankey's Rule 36 (B) Motion - Doc 499

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Liberi V Taiitz Philip J Berg Esq Decl in Opp ToSankey's Rule 36 (B) Motion - Doc 499

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Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 1 of 12 Page ID #:12148

LISA LIBERI, et al,

vs. ORLY TAITZ, et al,

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 2 of 12 Page ID #:12149

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 3 of 12 Page ID #:12150

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 4 of 12 Page ID #:12151

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 5 of 12 Page ID #:12152

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 6 of 12 Page ID #:12153

On May 28, 2009 Neil Sankey representing himself as a Private

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 7 of 12 Page ID #:12154

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 8 of 12 Page ID #:12155

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 9 of 12 Page ID #:12156

I did not receive the Discovery

On March 7, 2012, Mr. Colen sought Leave of Court to file a Motion

Declaration of Philip J. Berg, Esquire

Case 8:11-cv-00485-AG-AJW Document 499 Filed 04/19/12 Page 10 of 12 Page ID #:12157

Declaration of Philip J. Berg, Esquire

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Declaration of Philip J. Berg, Esquire

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