EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

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realist
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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#1

Post by realist » Fri Jan 18, 2013 1:19 pm

Didn't know about this one 'til Orly's latest missive... :oops: But just for funzies...





United States District Court


Eastern District of Pennsylvania (Philadelphia)


CIVIL DOCKET FOR CASE #: 2:12-cv-07002-TON





OSTELLA et al v. IRBSEARCH, LLC et al


Assigned to: HONORABLE THOMAS N. ONEILL, JR


[highlight]Demand: $250,000,000[/highlight]


Cause: 18:2721 [highlight]Federal Drivers Privacy Protection Act[/highlight]





Date Filed: 12/14/2012


Jury Demand: None


Nature of Suit: 890 Other Statutes: Other Statutory Actions


Jurisdiction: Federal Question











12/14/2012 [link]1,[/link]


COMPLAINT against DOES 1-50, IRBSEARCH, LLC, LEXISNEXIS RISK DATA MANAGEMENT, INC., NEIL SANKEY, TODD SANKEY, THE SANKEY FIRM, INC. ( Filing fee $ 350 receipt number 073993.), filed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI. (Attachments: # 1 Civil Cover Sheet)(mima, ) (Entered: 12/14/2012)





12/14/2012 Summons Issued as to IRBSEARCH, LLC, LEXISNEXIS RISK DATA MANAGEMENT, INC., NEIL SANKEY, TODD SANKEY, THE SANKEY FIRM, INC.. Five Given To: Counsel on December 14, 2012 (mima, ) (Entered: 12/14/2012)





12/14/2012 DEMAND for Trial by Jury by PHILIP J. BERG, BRENT LIBERI, LISA LIBERI, FRANK M. OSTELLA, LISA OSTELLA. (mima, ) (Entered: 12/14/2012)





12/14/2012 2


Disclosure Statement Form pursuant to FRCP 7.1 by PHILIP J. BERG, BRENT LIBERI, LISA LIBERI, FRANK M. OSTELLA, LISA OSTELLA.(mima, ) (Entered: 12/14/2012)





01/02/2013 3


AFFIDAVIT of Service by Carlos Pardo re: served Summons, Complaint, Notice of Right to Consent to Exercise of Jurisdiction by a United States Magistrate Judge, and Case Management Track Designation Form upon Donna Mock on behalf of LEXISNEXIS RISK DATA MANAGEMENT, INC. by Personal on December 17, 2012 (BERG, PHILIP) Modified on 1/2/2013 (nd, ). (Entered: 01/02/2013)





01/02/2013 4


AFFIDAVIT of Service by Michael Nolan re: served Summons, Complaint, Notice of Right to Consent to Exercise of Jurisdiction by a United States Magistrate Judge, and Case Management Track Designation Form upon Karen Denson on behalf of IRBSEARCH, LLC by Personal on December 19, 2012 (BERG, PHILIP) Modified on 1/2/2013 (nd, ). (Entered: 01/02/2013)





01/02/2013 5


SUMMONS Returned Executed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI re: Carlos Pardo served Summons and Complaint upon LEXISNEXIS RISK DATA MANAGEMENT, INC. by Personal. LEXISNEXIS RISK DATA MANAGEMENT, INC. served on 12/17/2012, answer due 1/7/2013. (BERG, PHILIP) (Entered: 01/02/2013)





01/02/2013 6


SUMMONS Returned Executed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI re: Michael Nolan served Summons and Complaint upon IRBSEARCH, LLC by Personal. IRBSEARCH, LLC served on 12/19/2012, answer due 1/9/2013. (BERG, PHILIP) (Entered: 01/02/2013)





01/04/2013 7


ORDER THAT THE TIME FOR DEFENDANT LEXISNEXIS RISK DATA MANAGEMENT, INC. TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IN THIS ACTION ISEXTENDED UNTIL 2/1/2013. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/4/2013. 1/4/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kk, ) (Entered: 01/04/2013)





01/07/2013 8


ORDER THAT THE DEADLINE FOR DEFENDANT IRBSEARCH, LLC TO RESPOND TO THE COMPLAINT IN THIS CASE IS EXTENDED TO AND INCLUDING 2/11/2013. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/7/2013. 1/7/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kk, ) (Entered: 01/07/2013)





01/07/2013 9


SUMMONS Returned Executed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI re: Alexander Guzman - Reg. #482 served Summons and Complaint upon NEIL SANKEY, NEIL SANKEY by Personal. NEIL SANKEY served on 1/2/2013, answer due 1/23/2013; NEIL SANKEY served on 1/2/2013, answer due 1/23/2013. (BERG, PHILIP) (Entered: 01/07/2013)





01/07/2013 10


SUMMONS Returned Executed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI re: Alexander Guzman - Reg. #482 served Summons and Complaint upon TODD SANKEY, TODD SANKEY by Personal. TODD SANKEY served on 1/2/2013, answer due 1/23/2013; TODD SANKEY served on 1/2/2013, answer due 1/23/2013. (BERG, PHILIP) (Entered: 01/07/2013)





01/07/2013 11


SUMMONS Returned Executed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI re: Alexander Guzman - Reg. #482 served Summons and Complaint upon THE SANKEY FIRM, INC., THE SANKEY FIRM, INC. by Personal. THE SANKEY FIRM, INC. served on 1/2/2013, answer due 1/23/2013; THE SANKEY FIRM, INC. served on 1/2/2013, answer due 1/23/2013. (BERG, PHILIP) (Entered: 01/07/2013)





01/07/2013 12


AFFIDAVIT of Service by Alexander Guzman - Reg. #482 re: served Summons, Complaint, Notice of Right to Consent to Exercise of Jurisdiction by a United States Magistrate Judge, and Case Management Track Designation Form upon Neil Sankey by Personal on January 2, 2013 (BERG, PHILIP) (Entered: 01/07/2013)





01/07/2013 13


AFFIDAVIT of Service by Alexander Guzman - Reg. #482 re: served Summons, Complaint, Notice of Right to Consent to Exercise of Jurisdiction by a United States Magistrate Judge, and Case Management Track Designation Form upon Jeff authorized to accept service on behalf of The Sankey Firm. Inc. by Personal on January 2, 2013 (BERG, PHILIP) (Entered: 01/07/2013)





01/07/2013 14


AFFIDAVIT of Service by Alexander Guzman - Reg. #482 re: served Summons, Complaint, Notice of Right to Consent to Exercise of Jurisdiction by a United States Magistrate Judge, and Case Management Track Designation Form upon Jeff authorized to accept service on behalf of Todd Sankey by Personal on January 2, 2013 (BERG, PHILIP) (Entered: 01/07/2013)





01/08/2013 15


[highlight]ORDER THAT THE TIME FOR DEFENDANT THE SANKEY FIRM, INC. TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IN THIS ACTION IS EXTENDED UNTIL 2/1/2013[/highlight]. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/8/2013. 1/8/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kk, ) (Entered: 01/08/2013)





01/15/2013 16


NOTICE of Appearance by SHARON F. MCKEE on behalf of LEXISNEXIS RISK DATA MANAGEMENT, INC. with Certificate of Service(MCKEE, SHARON) (Entered: 01/15/2013)







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mimi
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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#2

Post by mimi » Fri Jan 18, 2013 1:29 pm

Can somebody give me a mother goose explanation of what this is? You know, just a sentence or two.



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Sterngard Friegen
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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#3

Post by Sterngard Friegen » Fri Jan 18, 2013 1:35 pm

It appears that Lisa Liberi, Frank M. Ostella, Philip J. Berg, Lisa Ostella and Brent Liberi have sued Sankey, Lexis-Nexis and others over some invasion of privacy. We'll know more when we see the complaint. While Berg is a pretty crappy lawyer (with all his pleadings in the first Liberi case being done by Liberi) I suspect the current alleged invasion of privacy is a new one, not related to the prior litigation.



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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#4

Post by mimi » Fri Jan 18, 2013 1:38 pm

Thank you. :D



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bob
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#5

Post by bob » Fri Jan 18, 2013 2:20 pm

You would think after Liberi I, Berg would know to not file in E.D. Pa. (wrong venue).


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#6

Post by AnitaMaria » Fri Jan 18, 2013 2:22 pm

They are asking for damages of $250 million. :-?



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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#7

Post by Suranis » Fri Jan 18, 2013 3:17 pm

they might have a better shot with Iraqi dinars.


Irony can be pretty ironic sometimes.

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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#8

Post by esseff44 » Fri Jan 18, 2013 3:42 pm

$250 million! OMG, this is getting into SovCit paper terrorism territory.



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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#9

Post by xKat » Fri Jan 18, 2013 3:50 pm

Not as much fun as the birther cases, but finally they are coming back to Philadelphia. Maybe I can make another field trip to the Federal Courthouse to see Phil in action (if he isn't suspended or disbarred by then). It won't be as much fun without Orly.


If we amplify everything,
we hear nothing.

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EDPA - OSTELLA et al v. IRBSEARCH, LLC et al

#10

Post by magdalen77 » Sat Jan 19, 2013 2:22 pm

Ohhhh, an Eastern District of PA case. Maybe the circus has come back to town.



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#11

Post by Mikedunford » Sat Jan 19, 2013 2:37 pm

I suspect that we'll find out shortly. I believe that Jack Ryan may have the complaint soon.


"I don't give a fuck whether we're peers or not."
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#12

Post by realist » Sat Jan 19, 2013 8:31 pm

I suspect that we'll find out shortly. I believe that Jack Ryan may have the complaint soon.Yes, he does. Again, apologies for the delay. Linked above and bringing it here as well for ease of reference.





12/14/2012 [link]1,[/link]


COMPLAINT against DOES 1-50, IRBSEARCH, LLC, LEXISNEXIS RISK DATA MANAGEMENT, INC., NEIL SANKEY, TODD SANKEY, THE SANKEY FIRM, INC. ( Filing fee $ 350 receipt number 073993.), filed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI. (Attachments: # [link]1,[/link] Civil Cover Sheet)(mima, ) (Entered: 12/14/2012)


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#13

Post by A Legal Lohengrin » Sat Jan 19, 2013 8:37 pm

I suspect that we'll find out shortly. I believe that Jack Ryan may have the complaint soon.Yes, he does. Again, apologies for the delay. Linked above and bringing it here as well for ease of reference.





12/14/2012 [link]1,[/link]


COMPLAINT against DOES 1-50, IRBSEARCH, LLC, LEXISNEXIS RISK DATA MANAGEMENT, INC., NEIL SANKEY, TODD SANKEY, THE SANKEY FIRM, INC. ( Filing fee $ 350 receipt number 073993.), filed by LISA LIBERI, FRANK M. OSTELLA, PHILIP J. BERG, LISA OSTELLA, BRENT LIBERI. (Attachments: # 1 Civil Cover Sheet)(mima, ) (Entered: 12/14/2012)Exactly why is this crap any more properly in the Eastern District of Pennsylvania than it was the first time this shithead filed this garbage? At least we can trust that LexisNexis will have no compunction about filing for sanctions if they feel them warranted.





What possible purpose does this utterly ridiculous and patently frivolous suit serve to anyone?





Note, in yet another genius move by Berg, the case appears to be assigned to the very judge who threw it out last time, Judge Robreno. What a moron Berg is. TSWLITOHU.



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#14

Post by Piffle » Sat Jan 19, 2013 8:40 pm

Nice to see that Berg's not macro is still working.





This suit could be more closely related to birfer shit than first meets the eye since it is a broadside attack on Sankey and the information firms for malicious use of private data and related illegal practices.





But who knows? I have no inclination to read 69 pages of Berg droppings carefully.



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#15

Post by Mikedunford » Sat Jan 19, 2013 8:50 pm

Nice to see that Berg's not macro is still working.





This suit could be more closely related to birfer shit than first meets the eye since it is a broadside attack on Sankey and the information firms for malicious use of private data and related illegal practices.





But who knows? I have no inclination to read 69 pages of Berg droppings carefully.I didn't do more than skim through the rest, but, yeah, I think this is basically an attempt to re-litigate the same claims against LexisNexis that (I believe) were dismissed in the Berg-Taitz-Liberi tangle in C.D. Ca. A few other defendants have been added, and Orly has been relegated from defendant to probable hostile witless, but aside from that it looks like it's the same claim, or at least one that arises from the same transaction or occurrence, as the CA bullshit.


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#16

Post by A Legal Lohengrin » Sat Jan 19, 2013 9:02 pm

I didn't do more than skim through the rest, but, yeah, I think this is basically an attempt to re-litigate the same claims against LexisNexis that (I believe) were dismissed in the Berg-Taitz-Liberi tangle in C.D. Ca. A few other defendants have been added, and Orly has been relegated from defendant to probable hostile witless, but aside from that it looks like it's the same claim, or at least one that arises from the same transaction or occurrence, as the CA bullshit.Those claims were abjectly frivolous when he first litigated them. They have not improved with age, or collateral estoppel, or plain old res judicata, which might be the best fit for what prevents Berg from doing what he is attempting to do. I hope they go after sanctions and that filing this nonsense again is considered in his disciplinary proceedings.This asshole should not have a license to continue to do this.



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#17

Post by tjh » Sat Jan 19, 2013 9:58 pm

Filed 12/14/12 : Berg, Plaintiff AND Attorney for PlaintiffsUmm ... wasn't he suspended by then?



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#18

Post by SueDB » Sat Jan 19, 2013 10:01 pm

Filed 12/14/12 : Berg, Plaintiff AND Attorney for PlaintiffsUmm ... wasn't he suspended by then?IRR somewhere Orly got in trouble for telling a court he was suspended where the panel still had not published a decision??????????????????????????????????I don't think it has been "executed" yet. :-k :-k :-k :-k -xx -xx


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#19

Post by Roboe » Sat Jan 19, 2013 10:38 pm

Filed 12/14/12 : Berg, Plaintiff AND Attorney for PlaintiffsUmm ... wasn't he suspended by then?IRR somewhere Orly got in trouble for telling a court he was suspended where the panel still had not published a decision??????????????????????????????????I don't think it has been "executed" yet. :-k :-k :-k :-k -xx -xxAccording to [/break1]org/look-up/supreme-court-actions.php]http://padisciplinaryboard.org/look-up/ ... ctions.php it hasn't been executed yet, and [/break1]org/look-up/pa-attorney-info.php?id=9867&pdcount=11]http://padisciplinaryboard.org/look-up/ ... pdcount=11 still lists Berg as "Active".



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#20

Post by SueDB » Sat Jan 19, 2013 10:44 pm

Filed 12/14/12 : Berg, Plaintiff AND Attorney for PlaintiffsUmm ... wasn't he suspended by then?IRR somewhere Orly got in trouble for telling a court he was suspended where the panel still had not published a decision??????????????????????????????????I don't think it has been "executed" yet. :-k :-k :-k :-k -xx -xxAccording to [/break1]org/look-up/supreme-court-actions.php]http://padisciplinaryboard.org/look-up/ ... ctions.php it hasn't been executed yet, and [/break1]org/look-up/pa-attorney-info.php?id=9867&pdcount=11]http://padisciplinaryboard.org/look-up/ ... pdcount=11 still lists Berg as "Active".Thanks...So that was what was banging around in my noggin a bit a go. Didn't know where to confirm. I do think that Orly got a reaming out of it.


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#21

Post by A Legal Lohengrin » Sat Jan 19, 2013 10:51 pm

Incidentally, suspended or not, Berg is violating legal ethics by continuing to represent these clients, not even taking into consideration that it is a breach of legal ethics even to file this piece of shit again.His upcoming ethics issue, whether it is now executed or not, represents a conflict of interest which will eventually leave him with no ability to represent any client other than himself, and will leave the other plaintiffs without representation.This is in violation of RPC 1.7(a)(2), relating to conflicts of interest with current clients.. . .A concurrent conflict of interest exists if:(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person [highlight]or by a personal interest of the lawyer[/highlight].Of course, since Berg is incompetent at the best of times, arguably nothing he is doing now is any more incompetent than his usual practice.



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#22

Post by AnitaMaria » Tue Apr 09, 2013 10:38 pm

Wow. This case moved fast. Per the docket [link]here,http://ia601505.us.archive.org/32/items ... ocket.html[/link], there was a hearing on Motions to Dismiss last Friday.Minute Entry for proceedings held before HONORABLE THOMAS N. ONEILL, JR: Motion Hearing held on 4/3/2013 re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Transfer Venue as to any Remaining Claims, filed by IRBSEARCH, LLC, 22 MOTION to Dismiss and to Transfer Venue as to Any Remaining Claims filed by LEXISNEXIS RISK DATA MANAGEMENT, INC., 21 MOTION to Dismiss for Lack of Jurisdiction filed by TODD SANKEY, NEIL SANKEY, THE SANKEY FIRM, INC. Court Reporter: ESR. (kk, ) (Entered: 04/03/2013)



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#23

Post by A Legal Lohengrin » Wed Apr 10, 2013 1:33 am

Good Christ.Why the fuck is this asshole not disbarred yet?



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#24

Post by magdalen77 » Wed Apr 10, 2013 9:53 am

Good Christ.Why the fuck is this asshole not disbarred yet?No one ever accused the SCOPA of working quickly. They're too busy trying to get rid of the mandatory retirement age so the Chief Justice can get another 10 years.



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realist
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#25

Post by realist » Wed Apr 10, 2013 10:14 am

Good Christ.Why the fuck is this asshole not disbarred yet?No one ever accused the SCOPA of working quickly. They're too busy trying to get rid of the mandatory retirement age so the Chief Justice can get another 10 years.As I posted in the Phil Berg thread a few days ago, someone is trying to light a fire in SCOPA...208 DB 2010 [highlight]03/08/2013[/highlight] REQUEST FOR SUPREME COURT ACTIONE-FILED[/break1]padisciplinaryboard.org/look-up/pa-attorney-public.php?id=9867&attname=Philip+J.+Berg+&violations=11]http://www.padisciplinaryboard.org/look ... lations=11


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