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IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
In Re: ) Case No. 02-16172
Level Propane, Gases, Inc., et. al. )
Debtors. ) Ch. 11
)
* * * * * * * * * * * * * * * * * * * )
William H. Maloof ) Adv. Pro. Case No. 09-1127
Plaintiff )
)
vs. )
) Hon. Randolph Baxter
Mark Uhrich, Plan Adminstrator )
of the Consolidated Estate of )
Level Propane Gases, Inc. )
Defendant )
___________________________________________________________________________
EXPERT’S STATEMENT SUBMITTED IN SUPPORT OF
PLAINTIFF’S MOTION TO RECUSE
___________________________________________________________________________
Now comes the Plaintiff, William H. Maloof, by and through counsel undersigned, and hereby submits the statement of his expert, H. William Nelson, made under penalty of perjury, in support of the Plaintiff’s Motion to Recuse, Ex. 1 and 2. The expert’s conclusion is that the emails in question are genuine. In further support of Plaintiff’s Motion is also attached an additional decrypted email exchange between John Rudd and John Verbos, discussing continued payout to those involved, on the authenticated media, Ex. 3. Finally, the Plaintiff notes that a forensic copy of the media, containing IP addresses, is in preparation and will delivered to the Public Integrity Section of the Department of Justice upon completion, and that additional emails are being decrypted now that the authentication is complete, among which those addressed to “RB” are expected to be found.
Respectfully submitted,
/s/ David C. Eisler________________________________
David C. Eisler, Counsel for the Plaintiff
Ohio Reg. No. 0020362
P.O. B. 1721
Medina, OH 44258
(216) 214-2106
inqs@AOL.com
SERVICE
The foregoing has been filed electronically this 16 th day of July, 2009. It is available to all parties who access the Court website. Parties may access this filing through the Court’s system.
/s/David C. Eisler _______________
David C. Eisler, Counsel for Plaintiff
09-01127-rb Doc 35 FILED 07/16/09 ENTERED 07/16/09 14:32:40 Page 2 of 2
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