Dread Pirate #BrettKimberlin and the Sanctions Motion


I’m sitting in a Starbucks in Manassas having a late lunch and looking over the Motions for Sanctions Against Defendant Kimberlin filed yesterday by Dan Backer, Aaron Walker’s lawyer in the Virginia Walker v. Kimberlin, et al. civil suit.

Wow.

The motion seeks sanctions on three counts—failure to obey a court order, practicing law without a license, and bringing motions not grounded in law and for an improper purpose.

On the count of failing to obey the court’s order to comply with discovery, the motion seeks relief in the form of attorney’s fees caused by TDPK’s failure to obey the court’s 14 September order, relief in the form of striking all of TDPK’s pleadings filed since 14 September, and relief in the form of treating TDPK’s actions as contempt of court if he still refuses to obey the 14 September order by the time of the 26 October hearing on the motion.

On the count of practicing law without a license, the motion seeks relief in the form of attorney’s fees caused by TDPK’s unlicensed practice of law, relief in the form of preventing him from defending anyone else’s legal interest in the lawsuit, and relief in the form of a criminal referral of the matter to the proper authorities.

On the count of filing motions not based in law and for an improper purpose, the relief sought is attorney’s fees caused by TDPK’s violations of Va. Code Ann. § 8.01-271.1 and relief in the form of an order “directing Defendant Kimberlin to tether his factual assertions, legal arguments and exhibits to the issues at hand and refrain from including superfluous, immaterial, and irrelevant material related to Counsel or Plaintiff.”

<mockery>Deep doo-doo. Very deep doo-doo.</mockery>

I’m finishing lunch, and am getting back on the road. There’s 60+ pages to feed to the scanner and enough material to mine for several days.

It is getting interesting. Stay tuned.

4 thoughts on “Dread Pirate #BrettKimberlin and the Sanctions Motion

  1. Ooooh, that’s gonna leave a mark. I don’t think building up an immunity to iocaine powder will help TDPK. This is no silly Sicilian with a lisp. This is an accreddited and accepted member of the Bar. Boo-yah.

  2. Oh hell yeah! I hope he’s got some butt hurt medicine, because I don’t think he should be sitting down very comfortably at the moment!

    I like the unauthorized practice of law charge. Maybe this’ll teach him that he can’t file motions or make arguments on behalf of Bynart and Rauhauser. If he wants them to argue against something, they will have to do it themselves, or hire a real attorney to argue for them. It is time they got brought into the party, I hope.

    60 pages of scanning, eh? Sounds like there might be some fun reading in the future. Hope you have a safe trip home.

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