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John T. Reed' motion to dismiss Whitney' case for failure to prosecute UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA WHITNEY INFORMATION NETWORK, INC., a Florida Corporation, and RUSS WHITNEY, an individual, DISPOSITIVE Plaintiffs, MOTION TO DISMISS FOR FAILURE TO PROSECUTE v. JOHN T. REED, an individual, CASE NO.: 2:02-CV-288-FTM-29DNF Defendant. Now comes the defendant, John T. Reed, pro se, and moves this court pursuant to Local Rule 3.10 to dismiss the captioned complaint against him for failure to prosecute. In support thereof, the defendant asserts as follows: The case is not being diligently prosecuted by the Plaintiffs An affidavit in support of this motion is attached hereto. Wherefore the defendant moves this court to dismiss the complaint against him with reasonable attorney fees and costs. Respectfully submitted, ____________ _____________________ Date John T. Reed Defendant 342 Bryan Drive Alamo, CA 94507 Telephone: 925-820-6292 Fax: 925-820-1250 www.johntreed.com UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA WHITNEY INFORMATION NETWORK, INC., a Florida Corporation, and RUSS WHITNEY, an individual, Plaintiffs, AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS FOR v. FAILURE TO PROSECUTE JOHN T. REED, an individual, CASE NO.: 2:02-CV-288-FTM-29DNF Defendant. I, Plaintiff John T. Reed declare and state as follows: 1. In July, 2002, I called Plaintiffs" attorney repeatedly to ask for an extension of time to answer or move with respect to the complaint. When I got no response, I was forced to file a motion with the Court which the Court Granted on July 31, 2002. 2. On October 28, 2002, the Court issued a Show Cause Order directing the Plaintiffs to show cause why this case should not be

dismissed for lack of prosecution under Local Rule 3.10. 3. In November, 2002, I again called Plaintiffs" attorney to seek an extension of the time to answer. Again, I got no answer and was forced to file a motion which the Court granted on November 6, 2002. 4. In November, 2002, I went to Schenectady, NY to investigate Plaintiff Russell A. Whitney' claims of real estate investment success there. I discovered that he had little or no success; greatly exaggerated his assets, profits, and net worth in public claims to promote his real estate investment seminars; and failed to mention his arrest and $1.2 million civil judgment as a result of his involvement as the driver in a hit-and-run accident that left a pedestrian permanently crippled and brain damaged. After giving Plaintiffs an opportunity to read the article and point out any errors or omissions and/or make a statement about the article, I published these facts in my newsletter Real Estate Investor' Monthly and at my Web site (The Web site article was attached by Plaintiffs to their February 26, 2003 Motion to Strike as Exhibit A). After Plaintiffs read the article, Plaintiffs" attorney Louis Gigliotti asked me in a phone call, "What would you say if I told you Russ regrets having filed this suit?" 5. In December, 2002 and January, 2003 I repeatedly contacted Plaintiffs" attorney to arrange exchange of Initial Disclosures and to schedule a mediation as required by the Court' Case Management Order. The Court' Case Management Order said that exchange of initial disclosures was supposed to take place on December 9, 2002. After I attempted to arrange exchange of Initial Disclosures and schedule mediation many times, Louis Gigliotti sent me an email informing me he was no longer representing Plaintiffs. After another exchange of emails, I obtained the phone number of the new attorney, Scott Rothstein. 6. In January, 2003, I sent Rothstein three faxes seeking to exchange Initial Disclosures and to schedule the mediation. I also called for the same purpose. Rothstein finally returned my call, informed me that he was the new attorney for the Plaintiffs, promised to send me formal notification of that and to get back to me with regard to the Initial Disclosures and mediation. He never sent the formal notification nor responded regarding the Initial Disclosures or mediation. 7. The problem with opposing counsel does not appear that they are too busy. Mr. Rothstein has had time to file a complaint and an amended complaint against me in Florida state court in Broward County. He also filed an emergency motion for a preliminary injunction against me there. He has also filed a motion to strike my February 12, 2003 letter to this Court and has served me with a Rule 11 motion pertaining to that same letter to this Court to be filed against me after the 21-day safe-harbor period has expired. Respectfully submitted, ___________________________ John T. Reed, Pro Se Defendant 342 Bryan Drive Alamo, CA 94507 Telephone: 925-820-6292 Fax: 925-820-1250 www.johntreed.com Copyright 2003 Last update 3/11/03 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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