Gentle Reader, we’re nearing the end of my commentary on Defendant Kimberlin’s Response to Plaintiff’s Motion for Sanctions in the Virginia Walker v. Kimberlin, et. al. lawsuit. Just one more bit of fisking is left.
<fisking>In paragraph 23 TDPK doubles down on stupid.
23. Counsel for Plaintiff has, as Defendant previously informed the Court, even filed another suit in Maryland Federal District Court asking the judge to prohibit Defendant from filing any further litigation or motions.
That. Is. Not. True. Here is what is sought in the federal lawsuit:
55. Plaintiffs ask this Court to declare Defendant Kimberlin a vexatious “SCALPer” and require him to seek approval from an administrative law judge before he can bring any type of ex part criminal proceedings such as “peace orders,” against media entities. This declaration would save scarce judicial resources from those wishing to silence the constitutional and lawful rights of the media to report on matters of public concern.
56. Plaintiffs ask this Court to declare Defendant Kimberlin a vexatious litigant and require any litigation he may seek to initiate, particularly against media entities, be approved by an Administrative Law Judge before filing.
57. One hundred fifty thousand dollars in punitive damages.
58. Attorney’s fees with interest.
59. Such other relief as deemed mete and proper.
Nothing in that would prohibit TDPK from engaging in proper litigation or filing legitimate motions. His stuff would simply have to be pre-screened for propriety by a judge.
<mockery>Now that I think about it, that might have the effect of locking him out of the courthouse. Hmmmm.</mockery>
In that suit, he also sued two non-profit charities that the Defendant is involved and/or employed by. When the Executive Director of those charities, and attorney, politely contacted counsel and asked him to remove the charities from the suit because they have nothing to do with the spurious allegations made Plaintiff, …
Given the questions being raised about those “charities’” IRS filings, their non-registration with the Maryland Secretary of State, etc., and given that they appear to be TDPK’s sole income stream, it isn’t unreasonable for Aaron Walker’s lawyer to include them as defendants in the federal suit.
… counsel responded that he would only do so if the ED would terminate Defendant’s employment and involvement with the non profits. The ED responded that he would not succumb to such extortionate conduct but would seek Rule 11 sanctions against counsel for bring a frivolous suit and then trying to use that suit to terminate Defendant. (Defendant will provide this written exchange to the Court at the hearing).
<mockery>Let me get this straight. TDPK filed a motion for sanctions against Dan Backer (Aaron Walker’s lawyer) which was shot down. He’s now defending himself against a motion for sanctions, one of the count in which concerns TDPK threatening to file and then filing a bogus sanctions motion. So in the process of that defense, he makes another sanctions threat against Mr. Backer. As I’ve written before, this must be some sort of amazingly creative legal strategy, or it’s one of the most effective examples of doubling down on stupid that I’ve ever seen.</mockery></fisking>
That’s it for now. Unless something breaks, I’m gonna take the rest of the evening off from dealing with TDPK and his crew. I’ll have an early morning Brett Kimberlin post tomorrow and then head for the courtroom. I can’t bring an Internet device into the courthouse, but I will head for my iPad in my car as soon as there is news.
Tick, tock, tick, tock, …