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John T. Reed' supplement to opposition to Russ Whitney' motion to remand 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. _______________________________________ 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 FILED A THIRD SUIT AGAINST DEFENDANT 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. That complaint is attached hereto as Exhibit A. 2. This new 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. This new lawsuit has the same Defendant and one of the two plaintiffs in the Fort Lauderdale suit. The cause of action"”defamation"”matches the libel and trade libel claims filed by the same Plaintiff against the same Defendant in the Fort Myers Division of the Middle District of Florida in June 2002. And the subject matter, as in the Fort Myers and Fort Lauderdale suits, is comments about Plaintiff at the Defendant' Web site. 4. In his memorandum supporting his opposition to the motion to remand, Defendant argued that related suits in Fort Myers and Fort Lauderdale 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. This new third lawsuit marks the first time Plaintiff has claimed diversity as grounds for federal jurisdiction. In the Fort Myers suit, they claimed federal question (Lanham Act). In the Fort Lauderdale suit, they deny federal jurisdiction on grounds that the amount in controversy is less than $75,000. 6. All three of these suits by this Plaintiff against this Defendant regarding his Web site should be combined for the purpose of determining whether the amount in controversy exceeds $75,000. If they are combined for that purpose, the matter of remand is rendered moot by the above-mentioned paragraph 3 of the Miami complaint. For the reasons stated above and in Defendant' original opposition to motion to remand, the Court should deny Plaintiffs" motion to remand. April 1, 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 www.johntreed.com Copyright 2003 Last update 4/23/03 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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