Dread Pirate #BrettKimberlin Ordered to Comply With Discovery


Judge Potter ordered TBPK to comply with discovery in the Virginia Walker v. Kimberlin, et al. lawsuit not later than 5 pm TODAY!

More later.

UPDATE–TDPK ‘s Motion for Sanctions, Etc. was generally denied. However, anything that is turned over in discovery will be kept confidential between the parties unless it is actually used in evidence.

UPDATE 2—There was a court reporter taking a transcript of the hearing, but it won’t be available for several days. The following is based on my recollection of the morning. TDPK rehashed his story as found in his motion. Judge Potter was not swayed by his argument. Dan Backer, Aaron Walker’s lawyer, pointed out that TDPK had not raised any applicable points of law. The Judge agreed and generally ruled against the Kimberlin motion. Furthermore, he instructed Kimberlin that he was obliged to comply the order compelling discovery with written responses to the Walker interrogatories and requests for admissions not later than 5 pm today and that the same deadline applied for the production of the documents sought in discovery. It was explained that if the responses were not adequate that Mr. Backer could bring the matter back to the court’s attention.

TDPK has a bit less than two hours left before the deadline as I type this. I’ll bet that Mr. Backer will be in the Clerk’s office first thing Tuesday morning (Monday’s a holiday) checking on the Kimberlin response. If it’s inadequate, I expect that we’ll see a motion from Mr. Backer that very day.

It’s no big deal that the Judge has ordered that the discovery be kept confidential. Such orders are not uncommon, and it doesn’t prevent the information from being used as evidence, but it will allow unused material to say private.

The Judge also informed TDPK that motions filed with the court and testimony in court are part of the public record and can be published. I picked up copies of TDPK’s latest motions while I was at the courthouse this morning. Expect more mockery.

5 thoughts on “Dread Pirate #BrettKimberlin Ordered to Comply With Discovery

  1. YAY. This is some goof news.

    While it means we will not be able to crowdsource whatever B.S. he hands over with discovery, I think that is probably a fair deal. Once something gets put on the public record we’ll get to mock his superior intellect./sarc once again.

    I do look forward to reading about how the Motion for Sanctions was considered. Guess that’ll be something to read later today, I hope.

  2. “Anything that is turned over in discovery will be kept confidential between the parties”

    Another rule that only affects the honest. The dishonest can ‘accidentally’ leak it or claim they were hacked. Of course, the same applies to discovery in the first place. One side will comply with the law because they are honest. The evil side won’t release anything damaging to themselves and is quite plain about its intent not to comply in good faith.

    Such is the nature of lawfare.

  3. The consequence for “accidentally” leaking information can be pretty rough – sanctions, contempt and possibly giving rise to claims for damages. Especially because the only two people who know the information are you and the other party.

    I suspect TDPK will fail (or refuse) to comply with discovery, again. Even if he intended to comply, there’s no way he can get all that information in a couple of hours. Tuesday we should see a motion for sanctions, at least for the attorney’s fees in having to deal with the delays in discovery.

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