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Case 8:11-cv-00485-AG-AJW Document 494

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JAMES F. MCCABE (CA SBN 104686) JMcCabe@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 MICHAEL B. MILLER (Pro Hac Vice) MBMiller@mofo.com MORRISON & FOERSTER LLP 1290 Avenue of the Americas New York, New York 10104-0050 Telephone: 212.468.8009 Facsimile: 212.468.7900 Attorneys for Reed Elsevier Inc., LexisNexis Risk and Information Analytics Group Inc., LexisNexis, Inc., LexisNexis Risk Solutions, Inc., LexisNexis ChoicePoint, Inc., LexisNexis Seisint, Inc., d/b/a Accurint, and LexisNexis Group Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION LISA LIBERI, et al., Plaintiffs, v. ORLY TAITZ, et al., Defendants. Case No. 8:11-cv-00485-AG-AJW DECLARATION OF NEIL SANKEY IN SUPPORT OF LEXISNEXIS DEFENDANTS MOTION FOR SUMMARY JUDGMENT

DECLARATION OF NEIL SANKEY I, NEIL SANKEY, declare and state: 1. I am the President of Sankey Investigations, Inc. I make this
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DECL. OF NEIL SANKEY IN SUPPORT OF THE LEXISNEXIS DEFS. MOTION. FOR SUMMARY JUDGMENT Case No. 8:11-cv-00485-AG-AJW sf-3128213

Case 8:11-cv-00485-AG-AJW Document 494

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Declaration in both my individual capacity and my capacity as President of Sankey Investigations, Inc. in support of the Motion for Summary Judgment being filed by Reed Elsevier Inc., LexisNexis Risk and Information Analytics Group Inc., LexisNexis, Inc., LexisNexis Risk Solutions, Inc., LexisNexis ChoicePoint, Inc., LexisNexis Seisint, Inc., d/b/a Accurint, and LexisNexis Group Inc. (the LexisNexis Defendants). I have personal knowledge of the facts set forth in this Declaration, and if called as a witness, I could and would competently testify concerning such matters. 2. Plaintiffs in this action have alleged that I or another of the Sankey Defendants obtained private or confidential information about Lisa Liberi or Lisa Ostella (such as a social security number or other non-public identification information) from one of the LexisNexis Defendants. Specifically, at Paragraph 70 of the Amended Complaint, Plaintiffs allege that: On or about April 17, 2009 at approximately 9:31 a.m. Taitz sent out a mass e-mailing of false statements in a document Taitz called Dossier #6, pertaining to Liberi, Ostella, Berg and the Law Offices of Philip J. Berg. Taitz published personal identifying information regarding Liberi including her full Social Security number and date of birth . . . (the emails which Taitz received from Sankey and The Sankey Firm). 3. Plaintiffs appear to suggest that the personal identifying information regarding Ms. Liberi alleged to have been published by Defendant Taitz, including her full Social Security number and date of birth, was obtained by me from one of the LexisNexis Defendants. This is incorrect. In fact, I obtained the so-called personal identifying information regarding Liberi including her full Social Security number and date of birth from court filings made by Ms. Liberi as detailed below. I obtained the court filings directly from the courts in question,
DECL. OF NEIL SANKEY IN SUPPORT OF THE LEXISNEXIS DEFS. MOTION. FOR SUMMARY JUDGMENT Case No. 8:11-cv-00485-AG-AJW sf-3128213

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before the e-mailing referred to by the Plaintiffs. None of the LexisNexis Defendants was involved in any way in my retrieval of these publicly available documents. 4. Attached as Exhibit A is a true and correct copy of the Declaration of Lisa Liberi that was filed by Ms. Liberi on September 21, 2006, in a criminal action brought against Ms. Liberi in San Bernardino, California (Case No. FWV 028000). In that declaration, Ms. Liberi set forth her full unredacted social security number, her date of birth, her marriage history (along with maiden names and her husbands name) and some portion of her criminal history. 5. Attached as Exhibit B is a true and correct copy of documents filed by Ms. Liberi in connection with a bankruptcy action filed on behalf of Lisa Liberi in the U.S. Bankruptcy Court in the Central District of California (Bankruptcy Petition No. 6:02-bk-22845-PC). That document is a public filing which included full unredacted social security numbers related to Ms. Liberi. Although all account and social security numbers appearing as Exhibit B have been at least partially redacted, the original copy on file with the court was unredacted. 6. The Sankey Firm, which offers private investigation services, maintained an account with IRBsearch, LLC (IRB). IRB provides information search services exclusively to private investigators, process servers, bail bondsmen, judgment recovery and repossession specialists. (See http://www.irbsearch.com/about_irbsearch.shtml.) 7. The Sankey Firms account with IRB did not permit me to obtain the full social security number of any individual identified in response to a database search. In other words, I could not have obtained either of Ms. Liberis or Ms. Ostellas (or anyone elses) full social security numbers through an IRB search.

DECL. OF NEIL SANKEY IN SUPPORT OF THE LEXISNEXIS DEFS. MOTION. FOR SUMMARY JUDGMENT Case No. 8:11-cv-00485-AG-AJW sf-3128213

Case 8:11-cv-00485-AG-AJW Document 494

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8.

I have never run any search on plaintiff Lisa Liberi (or the name "Lisa

Liberi" in any capacity) or plaintiff Lisa Ostella (or the name "Lisa Ostella" in any capacity) directly through the LexisNexis Defendants or any of their affiliates.

I declare, under penalty of perjury, under the laws of the United States of America, at the foregoing is true and correct. Executed this

_1,n day of March,

2012, in

~; ~LJ.6_((

,California.

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DECL. OF NEIL SANKEY IN SUPPORT OF THE LEXISNEXIS DEFS.' MOTION. FOR SUMMARY JUDGMENT

Case No. 8: ll-cv-00485-AG-AJW

ny-1018166

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