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To: scion who wrote (2702)	10/27/2010 6:53:31 PM
From: scion	Read Replies (1) \| Respond to of 53574

The minimum contacts analysis requires a review of any contacts by Mr. Bordynuik with the state of Florida. See Consolidated Energy, Inc. v. Strumor, 920 So. 2d 829, 832 (Fla. 4th DCA 2006). A review of the Complaint establishes that Plaintiff has alleged no facts to establish any contacts between Mr. Bordynuik and Florida. The Complaint clearly states that Mr. Bordynuik is a resident of Ontario, Canada and that he is the CEO and President of JBI, a Nevada corporation with a principal place of business in Cambridge, Massachusetts.3 (Complaint, irs 3,4) However, the Plaintiffs Complaint contains no allegation of acts committed by Mr. Bordynuik in Florida. Further, the Plaintiff has not alleged the existence of activities or conduct that Mr. Bordynuik purposefully directed to the state of Florida. Given the absence of such allegations, the Plaintiff has failed to establish that Mr. Bordynuik has purposefully availed himself of the jurisdiction of the courts of Florida or that Mr. Bordynuik should reasonably have anticipated being hailed into court in Florida. Therefore, the Plaintiff has failed to meet its burden that Mr. Bordynuik maintains sufficient minimum contacts with the state of Florida. Doc 10 PDF file, p5 viewer.zoho.com Florida Limited Liability Company PAK-IT, LLC Title MGR BORDYNUIK, JOHN 311 PARK PLACE, #190 CLEARWATER FL 33759 tinyurl.com

To: scion who wrote (2702)	10/27/2010 7:00:18 PM
From: SteveF	Read Replies (1) \| Respond to of 53574

Figures. He answers Count 1 by saying Kaplanis wasn't a resident of Florida when the employment agreement and relevant events occurred. Not that it didn't happen, but that Florida has no jurisdiction / Kaplanis lacks standing. He then moves to dismiss Counts 2 and 3 (the biggie, Misrepresentation) because Honest John lives in Canada and Florida law doesn't apply to him or the circumstances of the complaint. I think JB has him on Count 1. How does Kaplanis prove he was fired without cause? The Emp Agreement does waive the right to a jury trial so that's out. Counts 2 & 3, however, have to make JB pretty nervous. His only hope is the improper jurisdiction gambit. If it fails, then MUCH JBII dirty laundry will be made public - perhaps enough to bring down the entire house of cards. Kaplanis need only read the PR's from last year into the record followed by the restated 10Q/A's and 10K/A. I hope the PIPE investors and large retail bagholders are paying attention. They can expect to see the same defense if they ever try to pursue him for this con. (Disclaimer: I'm not an attorney - only pretend to be one on the internets)