­

Emails sent to John T. Reed by Robert Yates and Reed' answers 1 On July 30, 2004, WIN filed a fourth lawsuit against me, John T. Reed. The suit is apparently based entirely on emails that some guy named Robert Yates sent me and my answers to them. I figured the emails were a trick and that my responses were going straight to Whitney. I also knew that Whitney would eventually get those emails as part of discovery in the case if he was not in cahoots with Yates. Because they have sued me over them, I filed a motion with the court to dimiss the case for lack of personal jurisdiction and failure to state a cause of action. I attached the emails to the motion as part of my affidavit. That made them public information, so I might as well put them here, too. If you have any information that might help me in this new lawsuit, please let me know. I am especially interested in any evidence that Yates was working with Whitney

when he sent these emails to me and/or that he is in cahoots with Whitney in this suit against me and Yates. Here is the affidavit I filed with the 20th Circuit Court in Lee County, FL. The emails from Yates and my answers are at the end. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CASE NO.: 04-CA-003045 Judge William C. McIver WHITNEY INFORMATION NETWORK, INC. A Colorado Corporation, Plaintiff, v. ROBERT E. YATES, an individual, and JOHN T. REED, an individual, Defendants. JOHN T. REED'S AFFIDAVIT IN SUPPORT OF HIS DISPOSITIVE MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION I Defendant John T. Reed declare and state as follows: 1. I am a one-man shop, home-office-based self-publisher of books on real estate investment, football and baseball coaching, and succeeding and a newsletter. In conjunction with that business, I have a Web site (https://www.johntreed.com/index.html) that, among other things, offers reviews of books and real estate investment gurus, including Russ Whitney, the majority owner, chairman and chief executive officer of Plaintiff Whitney information Network, Inc. (WIN). 2. Between 2000 and 2002, WIN ordered me to remove all mention of Russ Whitney from my Web site. I did not comply except that I did remove several phrases that WIN complained of from an email that was written by one of WIN's unhappy customers. 3. I have never spoken to Robert Yates by telephone or in person. 4. I have never sent any documents or other physical thing to Robert Yates. 5. I have never received any documents or other physical thing from Robert Yates. 6. I have never paid any money or other thing of value to Robert Yates. 7. I have never received any money or other thing of value from Robert Yates. 8. I never heard of Robert Yates before I received an unsolicited email signed with that name on May 4, 2004 (Exhibit A). 9. I responded to that email on May 4, 2004 (Exhibit B). 10. I subsequently received and responded to emails from Robert Yates as shown by Exhibits C through R. 11. Exhibits A through R constitute my entire relationship with Robert Yates. I never sent any other communication to him nor did I ever receive any other communication from him. 12. I have never lived in Florida. 13. I have never visited Florida during the period material to this action. 14. I have never had an agent in or sent an agent to Florida. 15. I have never had a post office box or other mailing address in Florida. 16. I have never operated a business in Florida. 17. I have never committed a tort in Florida. 18. I would be greatly burdened by having to defend this action in Lee County, Florida court because of the time consumption, cost of travel between California and Florida, disruption of my one-man business, and need to research Florida law without having access to Florida law libraries or California law libraries that have materials for researching Florida case law. 19. I have never been in a partnership or joint venture with anyone in Florida. 20. I have never offered anything to Robert Yates. 21. I have never registered to do business in Florida. 22. I have never sought nor held a license or permit from the state of Florida or any local or county government in Florida. 23. I have never had a representative in Florida. 24. At all times material to this action and to date, I have never mailed, emailed, shipped, or faxed advertising materials to anyone in Florida. 25. At all times material to this action and to date, I have never made or caused to be made on my behalf, a telephone sales call to anyone in Florida. 26. I have no meaningful business ties, relations, or contacts with persons in Florida. 27. At all times material to this action and to date, I have not sold any of my books to book stores in Florida either directly or through any middleman. 28. I have never advertised in a Florida print publication, billboard, or any other Florida media including, but not limited to, radio or television. 29. At all times material to this action and to date, I have never advertised in a national medium that had circulation in or broadcast to Florida. 30. I have never registered a vehicle or vessel in Florida. 31. I have never operated a vessel that called on a Florida port. 32. At all times material to this action and to date, I have never sold any of my products to a third party who was authorized to resell them to residents of Florida. 33. I have never had an employee in Florida or sent an employee to Florida. 34. I have never agreed to a contract that contained a Florida law or Florida venue clause. 35. I have never employed or retained a Florida attorney. 36. My only place of business is my home in Alamo, California. 37. The only business license I hold is from Contra Costa County, California. 38. The only state sales tax seller's permit I hold is from California. 39. I have never been incorporated in Florida or any other state. 40. I have never had a registered service agent in Florida. 41. At all times material to this action and to date, I have never shipped a sample product to Florida. 42. I have never had or controlled a bank account or safe deposit box in Florida. 43. I have never owned or rented real estate in Florida. 44. I have never had a telephone or fax machine or telephone listing in Florida. 45. I have never engaged in any lobbying or other political activities in Florida. 46. At all times material to this action and to date, I have never owned any personal property located in Florida. 47. At all times material to this action and to date, I have never returned mail, phone calls, or faxes from anyone in Florida seeking information about my products. 48. At all times material to this action and to date, I have never accepted a check or money order or purchase order from anyone for my books, including anyone in Florida. 49. At all times material to this action and to date, I have never accepted an order via telephone, fax, email, delivery service, or mail for my book from anyone including anyone in Florida. 50. I have never made any inquiries regarding Robert Yates' background, character, or activities. 51. I do not know whether Robert Yates exists. 52. At all times material to this action and to date, I have never sent a debt-collection letter to Florida. 53. At all times material to this action and to date, I have never performed any services for compensation in Florida. 54. At all times material to this action and to date, I have never offered seminars to anyone. 55. I have never offered "mentoring" services to anyone. 56. I have never utilized a television infomercial to advertise my products or services. 57. I have never utilized the services of a telephone marketing company to advertise my products or services. 58. I did not know the contents of the contracts between WIN and YATES until I received a copy of the complaint in this case with copies of said contracts attached. 59. I do not know and have never known whether Defendant YATES acquired Plaintiff's trade secrets through any means, improper or otherwise, or what duties YATES may owe WIN with regard to WIN's trade secrets if, indeed, YATES does know any such trade secrets. 60. Defendant YATES never communicated to me any formula, pattern, compilation, program, device, method, technique, or process. 61. In 2004, WIN twice tried to subpoena me to give non-party depositions in the breach-of-contract case of WIN v. Glenn Purdy, a former associate of WIN (Case # 03-60693-CIV-MARRA, Southern District of Florida). I successfully moved to quash both subpoenas and never gave such a deposition. 62. I declare under penalty of perjury that the foregoing is true and correct. _____________ ______________________________ Date John T. Reed, pro se 342 Bryan Drive Alamo, CA 94507 925-820-6292 fax 925-820-1259 www.johntreed.com Sworn to before me this ___________ day of November, 2004 Notary public

Log in to comment
­