In the previous episodes in the continuing saga of Dread Pirate Kimberlin we looked at the filings relating to yesterday’s hearing on Aaron Walker’s Motion to Compel Discovery in Walker v. Kimberlin, et. al. Those who have been following the exciting narrative will recall that Mr. Kimberlin has said that he didn’t intend to cooperate with discovery in the case.
Yesterday, the court ruled on Mr. Walker’s Motion to Compel Discovery. I wasn’t in court, and Mr. Walker’s lawyer has asked him not to comment, so I can’t be certain what happened. OTOH, Mr. Walker was in a good mood yesterday, and @BrietbartUnmask wasn’t touting a victory. I’ll have to wait until I’ve got my hands on the ruling to say for sure, but I’ll bet that the court ruled in Mr. Walker’s favor and ordered Kimberlin to answer the interrogatories, provide the documents, and admit or deny the admissions submitted.
Mr. Kimberlin has not been doing very well for himself in this case thus far. Today, we’ll look at how he tried to intervene in the default hearing for Ron Brynaert and Neal Rauhauser. The first document to examine is Brett Kimberlin’s Motion in Opposition to Plaintiff’s Motion for Default. Note that Mr. Kimberlin’s home address has been redacted. Here it is:
And here are the Exhibits:
Where to begin? Actually, Dan Backer, Aaron Walker’s lawyer, does an excellent job of shredding Mr. Kimberlin’s motion. Here’s Mr. Backer’s filing (Motion to Strike Defendant Kimberlin’s Motion in Opposition In Toto and Order His Testimony):
Note the points that Mr. Backer makes in paragraphs 1 and 2. Even if Kimberlin had the authority to file on the behalf of the other defendants, he did not file in a timely manner. In the next paragraph he asks the court not to allow Mr. Kimberlin to use his pro se status to get around the Rules of the court.
In paragraph 4 Mr. Backer observes that in both of the filings Mr. Kimberlin had made with the court at that point “neither has cited a single authority for the legal propositions contained therein.” Well, yes, that is a common failing of many of Brett Kimberlin’s court filings.
In the next few paragraphs Mr. Kimberlin’s lack of standing to file is noted along with the conflict of interest that would arise if he were to act as an agent for the other defendants.
One of Mr. Kimberlin’s claims (which Mr. Backer did not specifially deal with) is that the court has no jurisdiction over the torts committed in other states. IANAL, and neither is Brett Kimberlin, but he might find reading up on the topic of Choice of Law useful.
On the day of the default hearing, Brett Kimberlin filed a Reply to Plaintiff’s Motion to Strike. Here it is:
A good deal of the motion is recycled rant. However, he does get into one interesting question about Service of Process. He claims that since Aaron Walker did not avail himself of opportunities to personally serve Neal Rauhauser and Ron Brynaert, they weren’t properly served. There were some questions about the addresses used on the first service to Messrs. Rauhauser and Brynaert, so the judge ordered that they be served a second time. That restarted the 21-day clock for their responses, and, if they don’t respond in a timely manner, they will have opened themselves up for a default judgment again.
Thus far, I’ve only dealt with the procedural side of the case, and remember IANAL so my opinions aren’t gospel. However, I noticed some interesting things that Mr. Kimberlin has let slip in his filings. I’ll discuss one or two them in tomorrow’s post.
Meanwhile, comments are open but moderated.
Oh, and one more thing—
Tick, tick, tick, tick, …