11
Exhibit B Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 1 of 11
Exhibit B
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 1 of 11
UNITED STATES g:Sl'RICT COURT FOR THE souTHE~!. J)l~l'. RICT OF FLORIDA
MIA1n SION
ANDREA ROSSI, et al., ) ) ) ) ) ) ) )
Plaintiffs, v. No. 16-cv-21199-CMA (JJO)
THOMAS DARDEN, et al.,
Defendant .
DECLARATION OF UZI SHAY A
I, Uzi Shaya, declare a follows:
1. I submit this Declaration in response to the March 3, 20 I 7 Declaration of
Giuseppe Levi (the ··Levi Declaration' '). The Levi Declaration refers to a report entitled
"'Observation of Abundant Heat Production From a Reactor Device and of Isotopic Change in
the fuel.·· published on October 6, 2014 (the ''Lugano Report").
2. l am a citizen of Israel, and I was retained by attorney Schneor Z. (Zalli) Jaffe to
assist Mr. Jaffe with his legal advice to Thomas Darden (''Darden'"). In connection with that
work. I met several times with Dr. Levi.
3. I never discussed with Dr. Levi any litigation anywhere, or the subject of him
testifying in any legal proceeding anywhere. I never discussed with Dr. Levi the United States
litigation involving Andrea Rossi ('"Rossi' ) and Darden.
4. I never offered to pay Dr. Levi to recant or withdraw his support for the Lugano
Report. I never discussed payment to Dr. Levi for any scientific work other than prospective
or.le that he said that he was willing and wanted to perform. I never threatened Dr. Levi directly
or indirect! y.
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 2 of 11
· De ·laration. As can b , , . . . . 5. I ha\.e read the Levi i.; c seen from various corrcspond<:ncc
that lie h nted to proceed · ent me. Dr. Levi very muc wa incctmg with me, he asked to meet with
d t tt1e dients. I never . · d h · · me, and very much wante to mee 1 mcnt1one t c identity of any client, and
of course. neither directly or indirectly did 1 mention any legal proceedings. Copies of
correspondence sent by Dr. Levi to me are attached to this declaration.
6. Dr. Levi's insinuation that he felt pressured is utterly uncalled for. He wanted to
proceed negotiating with me, he was interested in cooperating with me. It was I who told Dr.
Levi that my clients do not wish to proceed. Notwithstanding this notice, he did ask to meet me
again.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this ____ day of March, 2017.
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 3 of 11
••ooo Partner 4G 17:18
<
+
Uzi Shaya
Chag Sameach! Ok know.
let me
i ' · . 1 .J 28 : ..
Hello any news ? Shabat Shalom!
Yes most probably wiill be in Rome this coming Wednesday Shabbat shalom
. 6:21
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 4 of 11
••ooo Partner 4G 17:19
<
+
UziShaya on line
· 1·.:i..,,:; . ·1 01 '
Shabbat Shalom ! Hear you on Sunday.
Shabbat shalom
• •:1 17 ' H. 01 ·
Hi can we meet next Monday the 25.7 ?
16:ib
Shabat Shalom, any news?
· y~~ .!i~ ~~,i~m~.;~ill·:·~9m~~~-. .. t ~13 'w,111 let you know ·where
.; llatter hope it's ·Ok Shabbat shalom
•'71• __ 2 ' H. " i'
Good morning pis confirm the date and time
, 1
\ 1 .l .:'. ·- , , L I'
ok but where?
We will meet at 13 in _t h P ' 16:20
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 5 of 11
••ooo Partner 4G 17:19 ...,._
< Uzi Shaya oa ~ on li ne
+
Tue 14 Mar
I . .. .
. ~~~\~i~J:Hf~opJ<i'~rllZ~g·--.-,:-:~@2"1~9--~ ;\j.lj~~r~~r ·; ~·:~$~P¢$~due 1to . the ·~aGt :tn~t ':Y-9~\t1
.. ·. ·,rna~~:8~flJ~~~lQ!~~te~~~!~£,~~~. ·• ·_·_ f.!?~.~e.r-:m1 .Qhl be .. ~ ~pr.able~ fiere~~ rtor us· . . . . . '. .. .
: But ·we r ~look i ng into po.ssible ., . projects that don''t involve the ...
Rossi project Sorry it takes t ime Shabbat shalom
Shalom professor We have some developments Let me know when I can call you 16:15
come next weeK f
:· _.- - .~. -,.- . ..-~---~__,,...,-...-~ ~..,.,..,""" ; :~~ ~ .. ..
· ·1 don't know yet will know Sunday
. , ·1 D ! '
Shabbat Shalom ! Hear you on Sunday.
Shabbat shalom
'91' ."Till
.././
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 6 of 11
From: ~'JJW 'TlJJ <[email protected]<mailto:[email protected]>> Date: Tuesday, 14 March 2017 at 16:32 To: Jaffe Fund <[email protected]<mailto:[email protected]>> Subject: FWD: RE: Shabat Shalom.Any news ? Any NOA ?
n'VID 'TlJJ :nNn <[email protected]<mailto:[email protected]>> IN: Giuseppe Levi <[email protected]<mailto:[email protected]>>, ji'n i JJ: 1/6/2016 :['"lNn n1n1J: RE: Shabat Shalom.Any news ? Any NOA ? Yes will be in touch next week Shabbat shalom Uzi
17:35 2016 ,1 'tl' J, Giuseppe Levi JnJ: Hi, Shabat Shalom, we met more then two weeks ago at Rav. Borenstein home in Bologna. Any news ? Any NOA ? Giuseppe Levi
(And yes here is my phone number:)
Dr. Giuseppe Levi Physics Dpt and INFN viale Berti Pichat 6/2 40127 BOLOGNA Mobile: +39 393 0086704
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 7 of 11
From: n'DW 'TlD <[email protected]<mailto:[email protected]>> Date: Tuesday, 21 March 2017 at 16:21 To: Jaffe Fund <[email protected]<mailto:[email protected]>> Subject: FWD: Shabat Shalom.Any news ? Any NDA ?
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 8 of 11
From: n'UW 'TlU <[email protected]<mailto:[email protected]>> Date: Tuesday, 21 March 2017 at 16:37 To: Jaffe Fund <[email protected]<mailto:[email protected]>> Subject: RE: Re: A draft list of names .....
Dear Uzi, ShavuaTov, as I have told you probably one good solution for you and your investors is to have a group of consultants instead of one. In the LENR field because of the high economical interest many researchers are connected in some way to companies, or has submitted patent applications and is quite difficult to fine a single person that is expert of the field AND completely neutral. Here are some names: First of all the Nobel Laureate Brian Josephson <[email protected]<mailto:[email protected]>> He is a very clever and nice person, and I have been in contact with him up to 2013.
Also I can reconunend to you my Swedish colleague Bo Hoistad, [email protected]<mailto:[email protected]> but be informed that he is in strict contact with Volvo (trucks) and others trying to replicate LENR reactions in Uppsala.
Also from MIT: Peter L. Hagelstein, I have not been in contact with him directly but we all appreciate his work in our group.
Alexander Parkhomov (Moscow) [email protected]<mailto:[email protected]> Which was the first to replicate the Lugano reactor ( I have met him personally ) .
Vittorio Violante (Enea, Italy) who is a very fine experimentalist. I have met him on Skype. Note that he is probably already in contact with some industrial group (even one in Israel as far as I know).
This are just few names in the field. I think we can start from those names to form a group of experts in which each one could be biased in some way but have the TOTAL sum of bias very near zero. I would be glad if I can help you in any way. No problem.
I will try to phone you this week.
Giuseppe.
Case 1:16-cv-21199-CMA Document 307-2 Entered on FLSD Docket 05/18/2017 Page 9 of 11
Dr. Giuseppe Levi Physics Dpt and INFN viale Berti Pichat 6/2 40127 BOLOGNA Mobile: +39 393 0086704<tel:+39%20393%200086704>
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