Dread Pirate #BrettKimberlin and Sanctions


The Dread Pirate Kimberlin has unsuccessfully sought sanctions against Dan Backer, Aaron Walker’s lawyer, in both the federal and Virginia Walker v. Kimberlin, et al. lawsuits. At 10 am this morning, the shoe will be on the other foot. One of the multiple motions to be heard by Judge Potter today is a sanctions motion against TDPK. Sanctions are being sought on four grounds.

The first is the publication of sealed discovery documents. Discovery was sealed because TDPK complained about material leaking onto the Internet and being used to mock him. <mockery>I note that he has used posts from Hogewash! to show how he was being mocked.</mockery> The relief sought in the (Amended) Motion for Sanctions is this:

10. Plaintiff Walker prays this Court hold Defendant Kimberlin in contempt for his willful, purposeful, and blatant violations of this Court’s October 5 Order.

The second is for failing to obey the court’s order to provided the discovery materials sought by Mr. Walker.

19. Plaintiff seeks Attorney’s fees caused by the failure of Defendant Kimberlin to obey the September 14 Order.

20. Plaintiff Walker seeks an order striking out Defendant Kimberlin’s pleadings until the September 14 Order is obeyed in good faith, particularly Defendant Kimberlin’s Motion for Protective Order to Stay Discovery and Motion to Dismiss, which where hand delivered to Counsel on October 5, 2012.

21. Treating Defendant Kimberlin’s actions as contempt of court if he has still refused to fully and faithfully comply with the September 14 Order after the December 4 hearing.

The third count concerns practicing law without a license. While it is perfectly legal for TDPK to represent himself, he isn’t a member of the bar in Virginia and cannnot represent his codefendants.

29. Plaintiff seeks Attorney’s fees caused by bringing to the Court’s attention Defendant Kimberlin’s unlicensed practice of law.

30. Plaintiff requests this Court bar Defendant Kimberlin from defending anyone’s legal interests in this matter other than his own. …

31. Refer Defendant Kimberlin to the proper authorities for misdemeanor charges should he continue to represent his co-defendants.

The fourth count is for filing frivolous motions littered with irrelevant material for improper purposes.

44. Plaintiff seeks Attorney’s fees caused by Defendant Kimbelin’s violation of Va. Code Ann. ยง 8.01-271.1

45. An Order from this Court directing Defendant Kimberlin to tether his factual assertions, legal arguments, and exhibits to the issue at hand and refrain from including superfluous, immaterial, and irrelevant material related to Counsel or Plaintiff.

Whew. This one motion would make for an interesting hearing, but there’s several more. TDPK has the two motioned mentions above before the court, and Aaron Walker has default motions against the et al. defendants, First Mate Neal Rauhauser and Crew Member Ron Brynaert. It could be a long day in Manassas. It’s a shame they won’t allow popcorn in the courtroom.

popcorn4bkIt’s a two hour drive from Westminster to Manassas, so I’ll be leaving before Oh-Dark-Thirty. I’ll check in on my way into the Court House. I won’t be able to take my iPad or iPhone in to the building, but I’ll head back to my car for them as soon as there’s something to report.

Stay tuned.

Tick, tock, tick, tock, …

8 thoughts on “Dread Pirate #BrettKimberlin and Sanctions

  1. Godspeed good man. Be careful. No doubt FMNR and TDBK have at the very least thought about having something planned for you. Now with CMBS in tow, and he seemingly having little in the way of moral restraint, I’d be watching my back and front.

    • Thanks for your good wishes.

      I do take certain precautions, but, as Harry Truman once said, I’ve been shot at by experts. I’m not particularly concerned by these bozos.

  2. I look forward to hearing your report(s) from the courthouse today. If all goes the way it should you should have some fun things to report.

    If, God forbid, things do not go well, I hope you will report that as quickly as possible as well.

    Thanks for your tireless work on this Mr. Hoge.

    Out of curiosity, how was it that Kimberlin was able to get his iPad into the courthouse on January 9, if they are not allowed in at all?

      • Doh! Right. It was maryland and not Virginia. I knew that. Just couldn;t remember it that early in the morning when I posted the above…that’s my story and I’m sticking to it. 8)

  3. It’s not often said, but thanks for your efforts to inform on this. We all appreciate it, even if we don’t say it in every post. You’re putting in a big commitment simply to keep us informed.

    Thanks Mr. Hoge!

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