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Russ Whitney withdraws opposition to Reed' motion to move the case back to Fort Myers Russ Whitney sued me in federal court in Fort Myers, FL on June 25, 2002. Whitney lives and works in Cape Coral, FL, which is adjacent to Fort Myers. The following January, he sued me again, but this time in a state court in Fort Lauderdale. Why Fort Lauderdale"”which is on the other side of the state? I don"t know for sure. I suspect it was just to jerk me around. More travel and having to learn and comply with state procedure which is harder to research when you are in California. Or because his attorney had his office there and he felt he would have an advantage in a court where he regularly appeared. I immediately filed a Notice of Removal which transferred the case to federal court in Fort Lauderdale. Whitney filed a motion for remand to send the case back to the state court. I filed an opposition to that motion for remand. Then I filed a motion for change of venue to consolidate the new case with the existing case in Fort Myers. Whitney then filed a third suit against me in federal court in Miami. Why would that be in Miami rather than Fort Lauderdale or Fort Myers? Beats me. Probably just to jerk me around and intimidate me with lots of legal process stuff. In the Fort Lauderdale case, Whitney' lawyers failed to state that the amount in dispute was less than $75,000. I said

it was more than $75,000"”quoting their Fort Myers suit on how the world was ending financially for Russ Whitney because of my alleged misbehaviors. When a suit is between guys in different states and it is for more than $75,000, it goes to federal rather than state court. Amazingly, in their Miami suit against me, they alleged the amount in dispute was more than $75,000 in order to claim federal jurisdiction. I promptly pointed this out to the Fort Lauderdale judge. The Miami judge said she did not think they had personal jurisdiction over me and that she was inclined to transfer the case to San Francisco federal court. Whitney immediately decided they wanted out of that judge' court and agreed to consolidate the Miami case to Fort Lauderdale. In the interim on April 29, 2003, Whitney withdrew the Fort Myers suit. That is, they dropped it. I then filed a motion for change of venue to San Francisco. See also Whitney1404toSF.html and WhitneySFvenue.html. The Fort Lauderdale judge denied that. I immediately filed a motion for change of venue to Fort Myers arguing that at least one of the parties was there. Neither party was in Fort Lauderdale. Whitney strongly opposed that motion. That was March 4, 2004. The Fort Lauderdale judge never acted on that motion. For unknown reasons, Whitney suddenly and without explanation dropped his opposition to my motion to move the case to Fort Myers. The case was promptly sent back to Fort Myers. But stay tuned. Whitney may sue me in Orlando or Key West or God knows where else at any moment. John T. Reed Copyright 2004 by John T. Reed John T. Reed, a.k.a. John Reed, Jack Reed, 342 Bryan Drive, Alamo, CA 94507, Voice: 925-820-7262, Fax: 925-820-1259, www.johntreed.com

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