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Surprise, surprise! When the deadline for answering my questions under oath arrived, Russ Whitney left the country and says he needs yet another delay because of his being out of the country and because of his attorney' illness Today, June 13, 2005, is the date the federal court ordered Russ Whitney and his corporation to answer my 50 interrogatories under oath. I do not believe Whitney will ever answer those questions. When they can no longer get delays, I expect they will withdraw the case rather than answer. The latest excuse So what' the latest excuse? I don"t think it matters. If it wasn"t these excuses, he would have others. But for the record, here are Russ Whitney' latest excuses for running away from this litigation that he started. Whitney lawyer Scott Rothstein is ill. Because of his illness, Russ Whitney and his corporation have not been able to answer the interrogatories on time, or so they claim. This is the same Scott Rothstein whose illness necessitated the 33-day postponement of the May 13, 2005 evidentiary hearing to June 15, 2005. And it is the same Scott Rothstein whose illness necessitated postponing the June 15, 2005 hearing to at least a month in the future. Whitney seems to be getting a lot of mileage out of Rothstein' illness. Too much in my opinion. Here' why. Why can"t the other lawyers handle it? Whitney' law firm, Rothstein Rosenfeldt has 23 lawyers. They have claimed at various times that four of them are working on this case. Who has really been working on this case? Christina M. Kitterman started signing the many, many documents filed by the Whitney side as far back as June 2, 2003. Rothstein may have signed a few here and there since, but my impression is that Kitterman has signed virtually every document, if not every document, since 2003. I would count them for you but

they fill 14 two-inch thick looseleaf binders. Let Whitney count them. New guys Lately, she seems to have all but disappeared and new guys named Shawn Birken and Christopher Sharp have suddenly appeared and started sending me emails. My suspicion is that these two guys are suddenly doing a lot of stuff so the Whitney side has as many guys as possible who can claim to be working on this case. Then they can use each lawyer' schedule and family illnesses and travels to get delays. The plain fact is that Christina Kitterman has been doing almost everything in this case for years as far as I can tell. I am sick of hearing about Scott Rothstein being sick in Whitney endless delay motions. I am sorry he is ill. I wish him well. But the time has passed for him to still be involved in the case if he is too ill to handle it. Send in a substitute. Christina Kitterman comes to mind. When they first learned that Rothstein was ill, they should have taken him off the case, if he was ever really needed to begin with. Seems like Kitterman was doing just fine without him. Why can"t she do without him now? Whitney is out of the country Whitney' lawyers also want a delay because Russ is out of the country. He was ordered to answer my interrogatories by June 13, 2005. What business does he have leaving the country when he is under a court order to answer those questions? They were originally supposed to be answered a long time ago. They delayed the original date for answering my interrogatories months ago by asking the court for a protective order to save him from having to answer ever. The court denied the protective order, ordered Whitney and his corporation answer them, and gave them 20 days to do so. The 20 days ended June 13, 2005. ENOUGH! Answer the questions. Quit stalling. Quit hiding. In one court paper, I said Russ Whitney may be a judicial first: a libel plaintiff who is simultaneously a flight risk. And now we are told he has left the country. How about the court takes away his passport? Too many questions Whitney' lawyer of the month also says there are many questions to answer and that is also why they need more time. There are exactly 50 questions. That is exactly how many the federal rule of civil procedure allows. The magistrate judge who set the 20-day deadline knew exactly how many questions there were when he set that deadline. Whitney himself has also known exactly how many questions there were since the court issued their order on May 23, 2005. How can they claim they just discovered that there were too many questions on the day the answers are due? Russ Whitney has never wanted to have this case tried on the merits. This has been abuse of process harassment from day one. Now that he is having to provide proof of his accusations and his good reputation, he stonewalls. I will ask the court"”again"”to deny this latest attempt to delay the inevitable. And I will ask the court to punish Whitney for these shenanigans. John T. Reed Copyright 2005 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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