Brett Kimberlin (aka Dread Pirate Kimberlin) has been engaging in lawfare by bringing frivolous legal action against people who have the effrontery to write the truth about him and his background. Fortunately, some of the folks Mr. Kimberlin has gone after are pushing back. Of course, he views this as unfair. He reminds me of a bully who whines when he gets hit back.
The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Mr. Kimberlin has made it clear that he does not intend to cooperate with discovery in these cases. On Tuesday, I posted the Motion to Compel Discovery filed by Mr. Walker’s lawyer Dan Backer in the Virginia case. It referred to several exhibits. Yesterday, we looked at Exhibits A through D. Exhibit E consists of Certified Mail Receipts. Let’s skip that and go to Exhibits F through K.
Exhibits F through J are emails recording an exchange between Dan Backer and Brett Kimberlin over whether or not Mr. Kimberlin will meet his obligations in the discovery process. Note that the top part of each Exhibit is a new email and that all or part of a previous email may be seen at the bottom. Note also that I have redacted Mr. Kimberlin’s email address.
In Exhibit F Brett Kimberlin informs Dan Backer that he will not reply to the discovery in a timely manner.
In Exhibit G Mr. Backer reminds Mr. Kimberlin of the upcoming due date and offers extra time if needed.
In Exhibit H Brett Kimberlin replies that he views the case as frivolous and suggests that Dan Backer “review the rules on sanctions prior to proceeding with this case.”
In Exhibit I Mr. Blocker offers to work with Brett Kimberlin on a joint motion to ask the court to resolve their impasse.
In Exhibit J Mr. Kimberlin claims that his 15 December date to file a Motion for Sanctions, a Motion to Dismiss, and a Motion for Protective Order Is justified because he is “cooperating with the FBI and other law enforcement agencies on several issues involving your client.” He asserts that no judge is going to force him to participate in discovery. He wraps everything in his claim that he is being harassed.
Exhibit K is a copy of a post by Patrick Frey (of Patterico’s Pontifications) concerning an email he says he received from Brett Kimberlin. If properly authenticated, it would tend to demonstrate a pattern of behavior on Mr. Kimberlin’s part regarding claims of harassment and defamation and also of threats to use the courts as a blunt instrument through lawsuits against those who publish information about him.
Of course, Aaron Walker and his lawyers have called Brett Kimberlin’s bluff and have filed a Motion to Compel Discovery. There will be a hearing on that motion tomorrow, and tomorrow I’ll post information related on how Mr. Kimberlin has tried get that hearing delayed.
Tick, tick, tick, tick, …