2. It is my belief that this action should NOT be certified as a class action for the following reasons:

3. Attorney for the Plaintiffs, Mr. Allyn Lite is acting adverse to the interests of the plaintiffs themselves, as well as against the interests of any prospective class member.

4. In March and April of 1999 I have offered Mr. Lite a free distribution of the texts of his complaints to the prospective members of the class via the Internet. Please note that Mr. Lite has filed more the one Holocaust related civil action seeking a class status. My offer was with regard to all his Holocaust lawsuits, including this one. Mr. Lite repeatedly lied to me that he would cooperate with me in advising prospective class members of his lawsuits. He ultimately refused to make the texts available to the public, directing me to obtain the copies of his documents through the court, and at my own expense. See Certification of M.Kulowski attached.

5. I the meantime, Mr. Lite, along with other lawyers involved in this and similar lawsuits in other American federal courts, have held a number of secret negotiations with the Defendants in order to settle out of court. Secret negotiations were held in May, June and July 1999 in Washington, DC, and in Germany. Although the press was notified about the meetings, the negotiations itself are held behind closed door.

6. Although Mr. Lite never called those secret negotiations negotiatons, they are such in the view of the American law. Specifically, Mr. Lite negotiates as detailed as to what amount a prospective class member would receive, what will be the total amount of the settlement, what Defendant would contribute what to the settlement, what group of beneficiaries will be excluded, and the like.

7. Mr. Lite is not entitled to hold any negotiations on behalf of the prospective class members, because this case (Solarczyk et al versus Bayer AG et al) never was certified as class action on the first place. The plaintiffs merely seek such a status. Moreover, the negotiations were held even BEFORE the Defendants were served with the Summons and the Complaint in this case. The Defendants were not even requested by the Plaintiff's attorneys (including Mr. Lite) to account for the profits they made on war crimes.

8. Mr. Lite allows the secret negotiations to be conducted on behalf of the Plaintiffs by Mr. Turczynski, who is not licensed to practice law in New Jersey, including negotiating legal maneuvers in this case. Mr. Turczynski is believed to be a resident of Warsaw, Poland, and is an agent for the Defendants there (he is on the payroll of the Defendants in Poland). This is a dual position he holds at the same time. He cannot hold those two positions at the same time.

9. Plaintiff's Solarczyk attorney Mr. Lite was notified by me in March and in April of 1999 that the Defendants, using Mr Turczynski in Warsaw, Poland, do secretly settle some of the claims with the prospective class members. I notified Mr Lite that, according to various media reports, Mr Turczynski, while acting on behalf of the Defendants, is paying the prospective class members in Poland the sum about 1500 PLN (about US$350) per claimant. Mr Turczynski demands from the payee, who is also a prospective class member, to legally give up a right to seek further compensation through the US courts, including through this lawsuit. This includes a demand for promise not to be a class member in this case. Mr. Turczynski never told such persons about their rights associated with the Holocaust lawsuits, including this one.

10. Plaintiff Mr. Mostowicz is involved with Mr. Turczynski in Poland on the project of secretly settling claims in Poland for giving up of the right to be part of the US Holocaust lawsuits, including this one.

11. At least one individual Plaintiff in this case, Mr. Arnold Mostowicz, secretly received a payment or payments from one Defendant, the Degussa AG. The Degussa was an inventor and manufacturer of Zyklon B, the gas used in Aushwitz' gas chambers. Because of the secrecy, which Mr Lite wants to maintain in this very public case, I was not able to establish the details of the Degussa's payments to Mr. Mostowicz.

12. There are at least 10 Holocaust related lawsuits pending at the moment before the US federal courts. In most of them there is the same set of Defendants, similar to this case. All of them seek a class action status. Mr. Lite has filed four "class actions" in this court alone (Newark, New Jersey). However Mr. Lite brought unusually high number of other attorneys and law firms with him to serve the Plaintiffs. 12 in this case alone. The sole purpose of it is to share 1/3 of any settlement. Mr. Lite failed to inform this Court that some of the attorneys in this case have filed similar competitive lawsuits in other US federal courts, and that Mr. Lite is an attorney in those "competitive" class actions as well. From the victim's and beneficiaries' perspective, this looks like a massive multi billion dollar fraud.

13. In instance, attorney for the Plaintiffs Mr, Lite has replaced himself with himself. It is likely a tax-related move, but the Plaintiffs and prospective class members were never notified about it.

14. To represent the Holocaust victims in the lawsuits Mr. Lite has found an attorney in... remote Australia. Australia has completely different legal system, and the need for services of a lawyer from that country is at least dubious. The majority of the prospective class members, and witnesses live in Poland, Israel, Ukraine, Russia, Canada, and Western Europe, and yet, conveniently for Mr Lite, no lawyer form those countries (except Germany) was brought into the case.

15. Mr. Lite and the Defendants are attempting to defraud the victims one more time. As said, they are conducting secret detailed negotiations, which were started even before the Defendants have received the Summons before this Court. The Plaintiffs and the prospective class members are withheld basic information, which affects their rights under the US legal system. Publicly, the Defendant Volkswagen advertises to the press that they are making attempts to reach internationally as many prospective class members as possible. I have asked the Defendant Volkswagen to make a link on their website to the website where I placed materials from this and other lawsuits, and the Defendant Volkswagen arrogantly have refused. This indicates that the policy of the Defendants is to negotiate in secrecy, without the knowledge of the courts and the prospective class members.

16. The above described activities of Mr. Lite and his friends (the other lawyers involved on both sides) constitute unethical acts by attorneys, and is a fraud against the individual named Plaintiffs, and any prospective class members, including M.Kulowski (myself).

17. Therefore, I request the Court to act on its own and to deny the Plaintiffs request for certification of this action as a class action.

18. I also request the Court (Judge Magistrate) to act on its own, and to order the attorneys for the Plaintiffs and for the Defendants not to hold any settlement negotiations until the class status is certified. I also request that the Court holds any settlement negotiations until the Defendants disclose all the secret war time documents, and account in public for all their profits from the war crimes.

19. Alternatively, I request the Court to hold a public hearing regarding certification of this case as class action. Such public hearing should be held with a proper advance international notice to any prospective class member (at least one-month, including on the front pages of the Defendants Internet websites, and in the various national newspapers). Mr Lite should be ordered to make publicly available all the documents form the cases, which he wants certified as class action. The public should be allowed to address the Court on all matters related to the class status.

Sincerely,

M.Kulowski

Cc:

1. Judge Magistrate.
2. Mr. Allyn Lite, attorney for the Plaintiffs.
3. The Defendants, via attorney Mr. Allyn Lite (no names of the Defendants' attorneys were available at the time).

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