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Federal court in Fort Myers gives Russ Whitney yet another delay in the hearing he requested On June 9, 2005, the U.S. District Court in Fort Myers, FL granted Russ Whitney his second postponement of the "emergency" hearing he requested months ago. That hearing wal originally supposed to be May13, 2005. Then Whitney got it postponed to June 15, 2005. This time, the postponement will be for at least a month. That means until after July 15th. Heck, the trial is October 4th. Why are we bothering with a hearing about an emergency preliminary injunction? The purpose of a preliminary injunction is to get the court order for me to stop doing something between the date of the preliminary injunction and the verdict in the trial. If we have the hearing in late July, and the magistrate judge makes a recommendation to the regular judge, as he has been ordered to do by that judge, the injunction won"t happen until when? August? September? At the trial, Whitney is seeking a permanent injunction. He is not supposed to be able to get the preliminary injunction unless it is likely that he will get the permanent one. If the preliminary injunction is only going to be good for a couple of months, what is the point of going to all this trouble? Why not just wait until the trial and get the permanent injunction? One of Whitney' complaints is that I am using his name without his permission. Yeah. To criticize him. Everybody in America who is being criticized publicly would love to be able to escape all criticism by filing a trademark suit. Plus, I have been using his name since 1997. How come he could live with that for eight years but now can"t stand to wait anoter two months. The most logical answer is that he is less interested in getting a preliminary injunction than he is in jerking me around by scheduling and rescheduling this hearing. Also, I am not sure he knew when he had his lawyers file the motion for a preliminary injunction that he was going to have to be questioned by me under oath at the resulting hearing. It appears to me that Russ Whitney has no intention of testifying under oath, especially with me as his questioner. 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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