Brett Kimberlin has bragged about the number of lawsuits that he has filed. His codefendant Neal Rauhauser has written about using the tactic of pro se litigation as a weapon to harass opponents.
We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.
<mockery>So how has that tactic worked when you tried it against a lawyer who was an experienced litigator and who knows his way around the legal system? How are things going for you now that he’s sued you on his home turf?</mockery>
I posted Aaron Walker’s Motion for Sanctions Against Defendant Kimberlin yesterday. Let’s take a look at Count Three, Violations of Va. Code Ann. § 8.01-271.1. That bit of Virginia’s statues requires that when a motion is filed that “it is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation.”
<mockery>That statute is there for the purpose of thwarting lawfare tactics of the sort that Team Kimberlin wishes to use, and it seems clear that Dan Backer, Aaron Walker’s lawyer, has has enough of it. In particular, he is calling TDPK to account for the filing of unrelated material (eg., 23 pages of Eveyone Draw Mohammed cartoons) and for multiple baseless threats of sanctions followed by a baseless sanctions motion. (TDPK’s sanctions motion against Mr. Backer was denied on 5 October.)
So TDPK probably had better resign himself to either discovery or contempt. If he chooses to remain in contempt, he can possibly look forward to the judge ruling that all of the claims in Mr. Walker’s complaint are valid.</mockery>
The hearing on the Walker Motion for Sanctions is a week from today. In a week, we’ll see if TDPK was able to take a day away from his election duties, whatever they are, to defend his interests. We’ll see if he decides to obey the court’s orders on discovery.
Meanwhile, there’s still plenty of unridiculed foolishness left to mock. Considering how this could affect popcorn sales, I’m beginning to wish that I’d invested in Orville Redenbacher. Stay tuned.
Tick, tock, tick, tock, …