Case 1:07-cv-05118 Document 42 Filed 09/30/2009 Page 1 of 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case No. 1:07-ev-05118 In re: Leo D. Stoller Assigned to: Honorable John W. Darrah Referred to: Honorable Geraldine Soat Brown from the Seventh Circuit Court of Appeals, Case No. 08-04240 TRUSTEE’S SUBMISSION REGARDING MAY 14,2009 REFERRAL ORDER On May 14, 2009, the United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) entered an order under Federal Rule of Appellate Procedure 48 referring this matter to this Court, as Special Master (the “Referral Order”). The Referral Order directed the Special Master to conduct an investigation and make a recommended disposition to the Seventh Circuit regarding the Seventh Circuit's rule to show cause entered against Leo D. Stoller (“Stoller”) on April 24, 2009 (the “Rule to Show Cause”). The Rule to Show Cause arose in one of ten related appeals that Stoller brought before the Seventh Circuit, in all of which he sought leave to proceed in forma pauperis. The Rule to Show Cause required Stoller to explain why issues Taised by Pure Fishing, Inc. (“PFI”), a creditor of Stoller’s bankruptcy estate and an appellee in at least one of Stoller’s appeals, should not result in the Seventh Circuit's conclusion that Stoller perjured himself before it, Stoller filed his response to the Rule to Show Cause, after which the Seventh Circuit issued the Referral Order. On August 24, 2009, the Special Master directed the parties to submit papers that include, but are not limited to, (a) the identification of issues and evidence relevant to the determination of Stoller’s credibility, (b) the need, scope and extent of any additional discovery that may be needed as part of the Referral and (c) a proposed schedule for that discovery. (S814 MSC A02#1471,D0C}Case 1:07-cv-05118 Document 42 Filed 09/30/2009 Page 2 of 4 ‘On September 30, 2009, PFI submitted its Evidentiary Statement (the “PFI Statement”). ‘The PFI Statement sets forth various documents that it believes evidence Stoller’s perjury before the Seventh Circuit, identifies other parties that may have knowledge of relevant information or be in possession of relevant documents that support this belief, and identifies additional discovery that PFI believes would further support its position. Richard M. Fogel, not individually but as the chapter 7 bankruptcy trustee for Stoller's bankruptcy estate (the “Trustee”), believes that Stoller has perjured himself before the Seventh Circuit. The Trustee's belief is based on (a) information and belief that Stoller has had access to money and property from various sources since the appointment of the Trustee in 2006, which information and belief is in part based on the facts set forth in the PFI Statement, (b) Stoller’s continued ability to have access to and utilize assets and other resources when necessary for his convenience and (c) three plus years of bankruptcy related litigation and public attacks during which Stoller has evidenced a strong propensity to say what needs to be said to further his immediate interests without regard to the truth. ‘The Trustee currently intends to rely on the issues, evidence and other submissions tendered to the Special Master as part of the PFI Statement for his presentation at the hearing on the Referral. The Trustee, however, does reserve the right to submit additional submissions, and present such additional evidence and take additional discovery as needed in rebuttal to any submission made by or on behalf of Stoller in this matter. {SBL4 MSC A0241471,DOC}Case 1:07-cv-05118 Dated: September 30, 2009 Brian L. Shaw Shaw Gussis Fishman Glantz Woflson & Towbin LLC 321 N, Clark Street, Suite 800 Chicago, IL 60654 (312) 541-0151 {S814 MSC An2s1471 DOC} Document 42 Filed 09/30/2009 Page 3 of 4 Respectfully submitted, Richard M. Fogel, not individually, but solely as trustee of the bankruptcy estate of Leo Stoller /s/ Brian L. Shaw One of his AttorneysCase 1:07-cv-05118 Document 42 Filed 09/30/2009 Page 4 of 4 IFICATE OF SERVI Brian L. Shaw certifies that he caused to be served a true copy of TRUSTEE’S SUBMISSION REGARDING MAY 14, 2009 REFERRAL ORDER upon the parties listed below via electronic notice to ECF registrants on this 30” day of September, 2009. (s/ Brian L. Show Mailing Information for a Case 1:07-cv-05118 Electronic Mail Notice List ‘The following are those who are currently on the list to receive e-mail notices for this case. + Beth A Davis bdavis@nbrennan-associates.com + Richard M. Fogel rfogel @shawgussis.com + Brian L. Shaw bshaw100@shawgussis.com james B. Sowka jsowka@seyfarth.com + Stephen G. Wolfe steve.g wolfe@usdoj.gov + Michael Thomas Zeller michaelzeller@quinnemanuel.com {S814 MSC A0241471,DOC}