LIBERI v TAITZ (C.D. CA) - 392 - DECLARATION of Lisa Ostella In Opposition MOTION to Dismiss Case...

8/4/2019 LIBERI v TAITZ (C.D. CA) - 392 - DECLARATION of Lisa Ostella In Opposition MOTION to Dismiss Case 381 - 392.0

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Declaration of Lisa Ostella 1

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Philip J. Berg, EsquirePennsylvania I.D. 9867

LAW OFFICES OF PHILIP J. BERG555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531

Telephone: (610) 825-3134E-mail:[email protected] Attorney for Plaintiffs

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA,

SOUTHERN DIVISION

LISA LIBERI, et al

Plaintiffs,

vs.

ORLY TAITZ, et al,

Defendants.

:

::::::::::::::

:

CIVIL ACTION NUMBER:8:11-cv-00485-AG (AJW)

DECLARATION OF LISA

OSTELLA

Date of Hearing: October 17, 2011Time of Hearing: 10:00 a.m.Location: Courtroom 10D

Declaration of Lisa Ostella

I, Lisa Ostella am over the age of 18 and am a party to the within action. I

have personal knowledge of the facts herein, and if called to do, I could and would

competently testify. I am making this Declaration under the penalty of perjury of

the Laws of the United States pursuant to 28 U.S.C. 1746.

1. I incorporate the history of this case to date from my previous

declarations, which clearly shows I am not part of any venomous clique, and our

First Amended Complaint herein to prevent repeating of events. See my

Case 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 1 of 10 Page ID#:9466


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declaration filed September 24, 2011, docket number 390-5.

2. As per a Quo Warranto that was filed by Orly Taitz (herein referred to

as Taitz) in Washington DC, we, Lisa Liberi (herein referred to as Liberi) and

myself, learned that Taitz had been using services of the Reed defendants as wel

as Intelius to have backgrounds run on us and to obtain our primary identifying

information, see the Orange County Sheriffs Department report filed by Taitz

filed in the Courts Docket May 20, 2009, Exhibit 16, Docket No. (DN) 190-4.

Taitz has also admitted this in her Court filings.

3. Liberi had a Lexis account through her school with services by the

Reed defendants. On February 19, 2010, I asked Liberi to run my report to see

what type of information the Reed defendants had on me. The report I received

from Lexis contained incorrect information and showed my Social Security

number being used by multiple people, see EXHIBIT 1. I ran myself through

my married and maiden names as well as my husband and children. At that time

there were no results returning on my children. Now, however, I have reports from

online data services provided by Lexis on my children.

4. Since Taitz filed her Quo Warranto that stated her background

information she receives on people comes from LexisNexis, ChoicePoint and

Intelius, she has been more vocal and more frequent with these statements. She

leverages the credibility of these services as credibility to the false information she



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provides to her media. Sankey has done print and radio interviews testifying tha

he received his information from defendants LexisNexis, ChoicePoint, Inc. and

Intelius.

5. As per the guidance of counsel, I ordered reports from three credit

reporting agencies, Experian, TransUnion and Equifax. I wrote to Intelius and the

Reed Defendents requesting copies of all data requested on me and data they

maintained. I reported to these entities, through a letter from my attorney, Philip J

Berg, incorrect data they had on me. I have credit inquiries on my Equifax and

Experian credit reports showing ChoicePoint accessed my credit on two occasions

and LexisNexis accessed my credit on one occasion, with no permissible purpose

and without my knowledge, permission or authorization.

6. As per my letters to the Reed defendants, I did not receive my ful

reports or requested information. Nor, did I receive any type of confirmation that

they had reinvestigated the incorrect information they maintained on me or

corrected it.

7. Jelani Headley of Lexiss Risk Solutions verified the names of the

Reed Elsevier business aggregates I sent my Consumer Report Requests to and

also verified the data queries I should have received from these entities. To date, I

only received partial data.

8. As per Taitz, Sankey as well as an email exchange I provided to this



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court, Taitz had Sankey run these reports through Intelius, LexisNexis

ChoicePoint, Inc. and Accurint. My Social Security number was posted within this

timeframe on the Internet. The Reed Defendants have an incorrect year of my

birth. Intelius also has the incorrect year for my birth as they obtained m

information from the Reed Defendants. After Taitz published all my private data, I

began receiving contact from a woman, claiming to be Jane, posing as my

biological mother. What was odd was Jane was using the incorrect year of my

birth, as my actual birth year. The same incorrect year of birth as listed on my

Reed Defendants reports and with Intelius. Both of these identifiers, my Social

Security number and year of birth are specific and could only have been obtained

from the Reed and Intelius defendants.

9. KnowX is a subscription database owned by Choicepoint, Inc. The

attached screen shot shows in the left navigational menu bar accesses offered by

Knowx to Experian, a credit reporting agency that showed two queries in my

credit report from Choicepoint, Inc. EXHIBIT 2.

10. My name, maiden name, places I lived, phone numbers, husband's

information were posted, mailed, emailed and vocalized by Taitz, including

internationally, after she claims to have had this information run.

11. Ecommerce sites I had never heard of started debiting monies from

my bank account after Taitz started disseminating my private information.



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12. Once Taitz made it known who the entities were that provided our

data to her, we discovered that her husband, Yosef Taitz and his company

Daylight Chemical Information Systems, Inc. (Daylight) had a connection to the

Reed and Intelius defendants as well.

13. Daylight's own website shows they are partnered with the Reed

defendants,see http://www.daylight.com/partners/existing_partners.html as well

as a separate partnering of services through Daylight's Chemoinformatics database

systems. In addition, they are share services of Intelius and the Reed Elsevier

defendants through Oracle. This information is published on the Internet by

Daylight at http://www.daylight.com/partners/existing_partners.html. Reed clearly

uses Oracle products, see the Reed defendants job listing located online at

https://reedelsevier.taleo.net/careersection/50/jobdetail.ftl?lang=en&job=LEX003

Q5.

14. Daylights connections to the Reed and Intelius defendants are

through software and hardware applications. These connections, as repeatedly

stated in Daylight's manuals, allow backdoor access. These companies, Intelius

and the Reed Defendants run databases with private, sensitive and confidentia

information.

15. None of us ever gave the Reed defendants or Intelius permission to

have, store or sell our private information, let alone sell it to people that were



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trying to hurt us.

16. The Reed and Intelius defendants did sell our information to Taitz, the

Sankey defendants and allowed access by Yosef Taitz through Daylight. And

with the private information Taitz and the Sankey defendants gained, they used it

to harm us as they had threatened to do. We have been hurt, severely damaged and

suffered severe emotional distress as a result. We have damages that are not

repairable. We can never pull back all the data on us, that was published and sent

out by the defendants. We have lost control over private confidential data. These

defendants had no right to do any of this.

I declare under the penalty of perjury of the Laws of the United States and

the State of California that the foregoing is true and correct.

Executed this 26th day of September, 2011 in the State of New Jersey.

Lisa Ostella, Declarant



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28EXHIBIT 1



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Switch Client Preferences Sign Out Help

My Lexis Search Research Tasks Get a Document Shepard's Alerts Total Litigator Transactional Advisor

c Records Search https://w3.lexis.com/research2/pubrec/searchpr.do?_m=ecb4662

2/19/2010



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28 EXHIBIT 2



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ps://www.knowx.com/fein/search.jspCase 8:11-cv-00485-AG -AJW Document 392 Filed 09/26/11 Page 10 of 10 Page ID#:9475


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Liberi, et al Plaintiffs Cert of Svc re Decl of Ostella in Opp to Reed Defendants MTD 1

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Philip J. Berg, Esquire (PA I.D. 9867)E-mail:[email protected]

LAW OFFICES OF PHILIP J. BERG

555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531

Telephone: (610) 825-3134 Fax: (610) 834-7659Attorney in pro se and for Plaintiffs

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA,

SOUTHERN DIVISION

LISA LIBERI, et al

Plaintiffs,

vs.

ORLY TAITZ, et al,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 Plaintiff Lisa

Ostellas Declaration and Certificate of Service in Opposition to the Reed Defendants

Motion to Dismiss was served through the ECF filing system this 26th day of September

2011 upon the following:

Orly Taitz

29839 Santa Margarita Parkway, Suite 100

Rancho Santa Margarita, CA 92688

Email: [email protected] and

Email: [email protected] via the ECF Filing System

Attorney for Defendant Defend our Freedoms Foundation, Inc.

Case 8:11-cv-00485-AG -AJW Document 392-1 Filed 09/26/11 Page 1 of 3 Page ID#:9476


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Kim Schumann, EsquireJeffrey P. Cunningham, Esquire

Peter Cook, Esquire

SCHUMANN, RALLO & ROSENBERG, LLP

3100 Bristol Street, Suite 400Costa Mesa, CA 92626


Attorney for Defendants Orly Taitz; Orly Taitz, Inc.; and

Law Offices of Orly Taitz

James F McCabe

Morrison & Foerster

425 Market St

San Francisco, CA 94105-2482Email:[email protected]

Served via the ECF Filing System

Attorney for Defendants:Reed Elsevier, Inc.

LexisNexis Group, IncLexisNexis, Inc.

LexisNexis Risk and Information Analytics Group, Inc.LexisNexis Risk Solutions, Inc.

LexisNexis Seisint, Inc.

LexisNexis Choicepoint, Inc.

John A Vogt, Jr., Esquire

Edward San Chang, Esquire

Jones Day

3161 Michelson Drive Suite 800Irvine, CA 92612

Email:[email protected]


Attorney for Defendant Intelius, Inc.



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Marc Steven Colen, Esq.Law Offices of Marc Steven Colen

5737 Kanan Road, Ste. 347Agoura Hills, CA 91301


Attorney for Defendants:

Neil Sankey; Todd Sankey; Sankey Investigations, Inc. andThe Sankey Firm, Inc.

Michael J Niborski, Esquire

Pryor Cashman LLP

1801 Century Park East 24th FloorLos Angeles, CA 90067

Email: [email protected] for Daylight Chemical Information Systems, Inc.

/s/ Philip J. Berg

Philip J. Berg, Esquire


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