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John T. Reed’s Second supplement to Russ Whitney’s Remand Motion

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 03-60195-Civ-Marra

WHITNEY INFORMATION NETWORK, INC.,
a Florida Corporation, and RUSS WHITNEY,
an individual,

Plaintiffs,

v.

JOHN T. REED, an individual,

Defendant.
_______________________________________
SECOND SUPPLEMENT TO
OPPOSITION TO MOTION FOR REMAND AND SUPPORTING MEMORANDUM OF LAW BY DEFENDANT

Defendant John T. Reed pro se hereby supplements his opposition to Plaintiffs’ motion for remand of this case to the Florida state court from which it was removed as follows:
PLAINTIFF INTENDS TO COMBINE THIS SUIT WITH ONE LATER FILED IN MIAMI FEDERAL COURT
1. On April 1, 2003, after Defendant filed his opposition to remand with the Court, Defendant was served with a third lawsuit by Plaintiff Whitney Information Network, Inc.
2. That lawsuit, filed in U.S. District Court for the Southern District of Florida (Miami Division), claims federal jurisdiction on grounds of diversity and states in its paragraph 2 that “…the amount in controversy is greater than $75,000 exclusive of interest, attorneys’ fees and costs.”
3. On April 17, 2003, by telephone, Plaintiff’s counsel Scott Rothstein told Defendant that he intended to combine the Fort Lauderdale and Miami suits after this Court decided his motion for remand. He said this plan was definite, not merely a possibility.
4. In his memorandum supporting his opposition to the motion to remand, Defendant argued that related suits in Fort Myers, Fort Lauderdale, and Miami should be combined for purposes of ascertaining whether the jurisdictional threshold of $75,000 has been met by Defendant in his removal, citing pertinent precedent.
5. Since the Miami suit claims federal jurisdiction on diversity grounds and asserts that the amount in controversy exceeds $75,000, the combination of that suit with the Fort Lauderdale suit will also exceed the jurisdictional threshold of $75,000.
6. Plaintiff’s plan to combine the Fort Lauderdale and Miami suits renders their remand moot.
7. On April 17 and 18, 2003, Defendant left messages on Rothstein’s answering machine pointing out the need to withdraw the remand motion in light of the plan to combine the Fort Lauderdale and Miami suits. Defendant asked Rothstein to do that and to confirm that he would do so with Defendant. As of April 19, 2003, Rothstein had not responded to Defendant’s requests. In light of the possibility of an imminent decision on the remand motion, Defendant concluded that this new development needed to be brought to the attention of the Court immediately.
For the reasons stated above and in Defendant’s original opposition and supplemental to motion to remand, the Court should deny Plaintiffs’ motion to remand.

April 19, 2003 ________________________________
Date John T. Reed, pro se Defendant
John T. Reed Publishing
342 Bryan Drive, Alamo, CA 94507
925-820-6292, Fax: 925-820-1259
johnreed@johntreed.com
John T. Reed on real-estate-investment information | Real estate investment page | Order form | Real estate investment books
John T. Reed, a.k.a. John Reed, Jack Reed, 342 Bryan Drive, Alamo, CA 94507, Voice: 925-820-7262, Fax: 925-820-1259, Email: johnreed@johntreed.com

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