Case 8:11-cv-00485-AG-AJW Document 506 Filed 04/20/12 Page 1 of 11 Page ID #:13262

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Philip J. Berg, Esquire Pennsylvania I.D. 9867 LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 E-mail: philjberg@gmail.com

Attorney for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION LISA LIBERI, et al : : : Plaintiffs, : : : : : : : : : : Defendants. : : : :

CIVIL ACTION NUMBER: 8:11-cv-00485-AG (AJW) DECLARATION OF DR. FRANK OSTELLA Date of Hearing: May 14, 2012 Time of Hearing: 10:00 a.m. Location: Courtroom 10D

vs. ORLY TAITZ, et al,

Declaration of Dr. Frank Ostella I, Frank Ostella am over the age of 18 and have a direct interest 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.

Declaration of Dr. Frank Ostella

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1.

I am a Doctor of Osteopathic Medicine, practicing in the field of

Psychiatry. My curriculum vitae and wet signature are on file with the Law Offices of Philip J. Berg and can be provided to this Court, under seal, upon request of Your Honor. 2. My wife, Lisa Ostella [Ostella], began doing website work with

Defendant Orly Taitz [Taitz], in or about the Fall 2008. 3. Ostella stopped working with Taitz in April 2009 when Taitz was

requesting unethical actions of my wife. 4. family. Since that time, Taitz has retaliated against Ostella as well as our We have been accused of crimes, had all our information publicized in

various formats, our neighbors and families have been contacted, and have been harassed and threatened. 5. Through interviews, Taitz website postings, and Court filings Ostella

and Plaintiff Lisa Liberi [Liberi], learned that Taitz was obtaining our information through Private Investigators. These Private Investigators had

accounts with entities of Reed Elsevier, Inc. [the Reed Defendants], and their Resellers, including but not limited to IRBsearch, LLC and Confi-Chek. 6. The Reed Defendants were put on notice by us that our data, obtained

from their companies, was obtained without any type of legal or permissible purpose and was being distributed all over the Internet, snail mail, radio shows,
Declaration of Dr. Frank Ostella

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hand delivered, filed in unrelated court cases and numerous false law enforcement reports on February 28, 2010. Since that time, more letters, data requests, and phone conferences have been held with the Reed Defendants. All of these letters and conferences were for the full disclosure of who performed searches and purchased reports on us. 7. On October 27, 2010, in compliance with the Reed Defendants

instructions and policies to receive my full disclosure consumer report, I submitted their full disclosure report form along with my drivers license and bank records. I also submitted executed opt-out forms on October 27, 2010. 8. My wife had requested copies all our reports sold to the Sankey

Defendants, and any other third party, through her attorney, Philip J. Berg, Esquire by letter of February 28, 2010, which I have reviewed. Instead of receiving the requested information, she only received partial reports with very limited information. 9. I did not receive copies of any of my reports from the Reed

Defendants. The Reed Defendants received my request and supporting documentation as confirmed in the letter we received from Jelani Headley of LexisNexis Risk Solutions Consumer Center, a true and correct copy of which is attached hereto as EXHIBIT A.

Declaration of Dr. Frank Ostella

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10.

As requested in Mr. Headleys letter, I sent a copy of my drivers

license to him under separate cover to POB 105108 Atlanta, GA 303048-5108. I never received any of my reports. 11. In the Accurint (Reed Defendants) responses to Plaintiffs

Interrogatories, attached to the Declaration of Lisa Ostella as Exhibit 1, are Accurints admissions, which I have reviewed, that searches were conducted on me and my wife by Neil Sankey and the Sankey Firm, Inc. and reports on us were sold to Neil Sankey and The Sankey Firm, Inc. collectively [the Sankey Defendants], as well as a private investigating and surveillance firm, IRBSearch, LLC, on April 13, 2009, and April 19, 2009. 12. The partial information received from Accurint (The Reed

Defendants) in response to the Plaintiffs Discovery requests, show the Sankey Defendant's purpose under the Gramm Leach Bliley Act [GLBA] was For use by persons holding a legal or beneficial interest relating to the consumer and For use by persons acting in a fiduciary or representative capacity on behalf of the consumer. 13. None of the Sankey Defendants ever represented me or my wife in a

legal or fiduciary manner, and they have never had any type of a legal or beneficial interest in me or my wife.

Declaration of Dr. Frank Ostella

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14.

None of the Sankey Defendants in this suit had mine or my wifes

permission to obtain any type of reports, conduct searches or act on our behalf in any fashion. I have never met nor spoken with Neil Sankey. I never heard of any of the Sankey Defendants prior to the time my wife filed suit in May 2009. This stated purpose of Fiduciary/Beneficiary, which is a permissible purpose under the Fair Credit Reporting Act, was selected at the Reed Defendant's login as admitted by the Reed Defendant's in their Summary Judgment Motion, that I have reviewed and have personal knowledge of, see the Reed Defendants MSJ Memorandum, page 5, lines 22-25. 15. The Reed Defendant's MSJ Memorandum on page 11, lines 5-12,

admits Neil Sankey was given account access through The Sankey Firm, Inc. A simple search through the California Department of Consumer Affairs, Bureau of Security and Investigative Services, license verification located on the Internet at http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=PI&p_qte _pgm_code=2420 reflects that Neil Sankey was never licensed as a Private Investigator through the Sankey Firm, Inc. 16. The Reed Defendants have refused to supply me with the reports they

sold to the Sankey Defendants, IRBsearch, LLC and other third parties. These are documents I am clearly entitled to.

Declaration of Dr. Frank Ostella

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17.

As stated, the Reed Defendants have admitted in their Court filings

that the Sankey Defendants and IRBsearch, LLC obtained reports on me. I am also aware, as I provided permission, that Plaintiff Liberi searched me in the LexisNexis database, for which she had an account. All of course, I am entitled

to receive copies of from the Reed Defendants, again which they have refused to provide. 18. My wife purchased background reports from Confi-Chek, Reseller of

the Reed Defendants products, on herself, and our minor children. This is very concerning to me for a number of reasons. Not only does it violate our laws protecting our children, it has, in this instance, endangered my children. 19. In reviewing the partial reports my wife received from the Reed Because of my

Defendants, I noticed our phone numbers were provided.

profession, our home number has always been unlisted and unpublished. The only way the Reed Defendants could have obtained our unlisted and unpublished home phone numbers, is from our telephone carrier. Neither my wife nor I have ever authorized release of our telephone records or unlisted/unpublished phone numbers. 20. Also concerning is the facts the Reed Defendants have information on

me and my wife that was provided by my financial institutions. We have not received any notification or opt-out notices from any of our financial institutions
Declaration of Dr. Frank Ostella

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that the Reed Defendants or any other third party was seeking our private information. Although the Reed Defendants have supplied my private information obtained from my financial institutions, we never received a notice or opt-out notice from the Reed Defendants, as mandated by our laws. 21. I also read in the Reed Defendants Motion for Summary Judgment

that they obtain credit header information and reports from the National Credit Reporting Bureaus. Both I and my wife are opted out of promotional purposes and disclosure of our information with each of the three bureaus, Equifax, TransUnion and Experian. It is my understanding that the only way the Reed Defendants would have access to my credit information from the National Credit Bureaus is if I had applied for credit, which I had not done; or they were a consumer credit reporting agency. 22. The Reed Defendants need to disclose all their resellers and third

parties that have conducted search queries on me and my wife and have obtained and/or sold our information, including who the end user of this information was. The Reed Defendants failure to disclose this information to me and my wife is prejudicial, dangerous and hampers my ability to ensure the safety of me, my wife and our children.

Declaration of Dr. Frank Ostella

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I declare under the penalty of perjury of the Laws of the United States and the State of California that the foregoing is true and correct. Executed this 18th day of April, 2012 in the State of New Jersey.

Dr. Frank Ostella has reviewed this Declaration, is aware of and approves its contents. Dr. Ostella has given full permission for his electronic signature to be input on the within Document. Philip J. Berg, Esquire maintains in his office, the originally signed copy of Dr. Ostellas Declaration along with his Curriculum Vitae.

/s/ Frank Ostella

Dr. Frank Ostella, Declarant

Declaration of Dr. Frank Ostella

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Declaration of Dr. Frank Ostella

EXHIBIT A
9

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Case 8:11-cv-00485-AG-AJW Document 506-1 Filed 04/20/12 Page 1 of 2 Page ID #:13273

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Philip J. Berg, Esquire (PA I.D. 9867) E-mail: philjberg@gmail.com LAW OFFICES OF PHILIP J. BERG 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Telephone: (610) 825-3134 Fax: (610) 834-7659 Attorney in pro se and for Plaintiffs UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION LISA LIBERI, et al, vs. ORLY TAITZ, et al, : : : Plaintiffs, : : : : : : Defendants. : :

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 the Declaration
of Dr. Frank Ostella in support of Plaintiffs Opposition to the Reed Defendants Motion for Summary Judgment was served through the ECF filing system this 20th day of April 2012 upon the following:

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.

Liberi, et al Plaintiffs Cert of Svc re Declaration of Dr. Frank Ostella

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Marc Steven Colen, Esq. Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Email: mcolen@colenlaw.com Attorney for Defendants: Todd Sankey; and The Sankey Firm, 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 Dr. Frank Ostella