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Russ Whitney asks for emergence hearing, then files emergency motion to delay it Russ Whitney filed an emergency motion for a preliminary injunction that would prevent my from criticizing by name anywhere including on the internet and it my newsletter and books. I think that' unconstitutional prior restraint. But we"ll see what the Fort Myers federal court says. Gotta postpone because of trial involving junior lawyer The evidentiary hearing was supposed to be Friday, May 13, 2005. Then, on Monday, May 9, 2005, Whitney attorney Shawn Birken sent me an email saying he needed to postpone the hearing a week because he had a trial in another case on the same day. My response? Who the heck is Shawn Birken? I never heard a word about him in this case in three years. He represented Whitney once in a hearing in another Whitney lawsuit against me in Lee County Court, but Birken has never been mentioned in the federal case. Birken is the guy who told the Lee County judge that Whitney was suing me for copyright infringement. Actually, Whitney has never sued me for that. I told Mr. Birken I thought we could get along without his presence. Gotta postpone because of medical problem of head lawyer A few hours later, I get another email from Birken saying his trial has been postponed so he can be at the May 13th hearing with me. Then, a few minutes later, I get an email from Scott Rothstein, the head of Whitney' law firm saying that he needs an identical one-week extension because he has an unidentified medical emergency. It' not

the Michael Jackson trial I told him I thought this sequence of reasons for a one-week postponement was highly suspicious and that I would oppose it. I also noted that the main attorney on the case has long been Christina Kitterman and wondered why she could not handle the hearing (with Birken' help?). I mean I"m only a pro se (non-lawyer representing himself). Why would Whitney need three lawyers to go up against me? And it' just a motion hearing, not the trial. Whatever, the court looked at Rothstein' medical records in camera (in chambers secretly) and felt they warranted the postponement, so the hearing has been postponed until, Wednesday, June 15, 2005. I am sorry about Rothstein' medical problem whatever it is and apologize to him for my suspicion about it. I still think two other lawyers in his firm would have been enough to deal with a mere hearing against a pro se. Mini trial This hearing is a sort of mini trial. Whitney and will be on the witness stand I will be direct examining and cross examining him. His lawyers will be doing the same to me. I have never done this. Should be interesting. The hearing is open to the public. 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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