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Erica Kinsman opposes transfer of Jameis Winston lawsuit to Tallahassee

Erica Kinsman argues that she cannot receive a fair trial in Tallahassee.

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Rachel Axon-USA TODAY Sports

Erica Kinsman, the former Florida State student who accused former Florida State star QB Jameis Winston of rape filed a response Tuesday in opposition to Winston's motion to transfer her lawsuit against him from the Middle District of Florida (Orlando) to the Northern District (Tallahassee).

This case stems from an incident in December of 2012, but didn't become public until the fall of 2013. By then Kinsman had already withdrawn from Florida State, claiming that she feared for her safety. Three investigations failed to charge Winston, finding that the allegation was unsupported, but Kinsman maintains that the quarterback sexually assaulted her and has filed lawsuits against Florida State University and Winston.

Winston responded to the suit earlier this month with a countersuit of his own. In the suit he claims that Kinsman is guilty of defamation, defamation per se and tortious interference with prospective business advantage.

Along with Winston's response he sought to have the suit removed from state to federal court and in addition to change the venue from the Middle District to the Northern District.

Kinsman argues she cannot receive a fair trial in Northern District. In support of her motion, Kinsman's legal team included studies on the regional biases of college football fans and Tallahassee residents, surveys on the pre-existing opinions of the case against Winston, and screenshots of vitriolic or threatening social media and message board posts by Florida State supporters, as well as a breakdown of the location and distances of potential witnesses and key evidence, to try and show that Winston's motion does not satisfy the nine federal court "transfer factors."

Further, Kinsman argues that Winston, recently drafted No. 1 overall by the NFL's Tampa Bay Buccaneers, now resides in Tampa, which is located in the Middle District.

Read the entire response below.

Kinsman Opposes Transfer by Patrik Nohe

Here is exhibit four, a declaration by Baine Kerr which features a collection of "internet posts, tweets and emails from FSU fans based in Tallahassee."

Exhibit 4 (Tweets and Social Media) by Patrik Nohe

Also of note, is that while Kinsman's legal team claimed to have found the cab driver that allegedly gave Kinsman, Winston and some teammates a ride back to Winston's apartment complex on the night in question, it was unable or unwilling to identify the person by name or address in its notes on the defendant's list of non-party witnesses.