All good things must come to an end, and so, too (thankfully), does our examination and fisking of the TDPK in his Motion to Order Plaintiff to Cease and Desist and for Sanctions Against Plaintiff’s Counsel in the Virginia Walker v. Kimberlin, et al. case.
<mockery>His paragraph 6 begins:
Counsel says that he has not responded in kind for sanctions against Defendant Kimberlin.
We can probably assume that this isn’t because of the lack of provocation. Rather, it’s likely that Mr. Backer is experienced enough to know how judges react to litigants who openly defy court orders.
No, instead, counsel has sued Defendant in Federal court seeking a permanent injunction against Defendant and $150,000.
Yes, but that lawsuit deals with other issues, and the injunction sought is related to TDPK’s behavior as a “vexatious” litigant. The only thing unusual about the lawsuit is that is asks for only $150k in damages instead of the normal boilerplate megabuck.
TDPK’s motion concludes:
Wherefore, for all the above reasons, Defendant Kimberlin moves this Court to impose sanctions and Order counsel and his client to stop trying this case on the internet and stop raising funds for this frivolous litigation.
Judge Potter’s response can be summarized as “No.” The judge didn’t buy a single claim that Brett Kimberlin made when he ruled generally against his motion. Ruling that discovery material would stay confidential unless introduced into evidence and applying that to both parties was wise in this case. Similarly, reminding TDPK that bloggers and the rest of the media will be able to continue to publish testimony and public record documents puts him on notice to stop trying to hinder coverage of the lawsuit.
The judge also was quite emphatic with Brett Kimberlin about his responsibility to comply with discovery not later that the time ordered. He had, after all, been given an additional three weeks. He made sure that TDPK understood that if his response was inadequate that Mr. Backer could bring the matter back before the court. Judge Potter made it clear that he expected the court’s order to be obeyed.
One way or the other, TDPK is probably in a world of hurt.</mockery>
Meanwhile, the saga continues. Pop some more popcorn and stay tuned.
Or better yet … Go donate to the Bloggers Defense Team. You’ll be helping to defray Aaron Walker’s legal expenses and aggravating TDPK.