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