I’m gonna cut to the chase. Here is Defendant Kimberlin’s Response to Plaintiff’s Motion to Deny Motion to Dismiss and Motion for Protective Order for Failure to Follow Rules 4:15 [sic] in the Virginia Walker v. Kimberlin, et al. case. Scroll down to paragraph 8.
What’s so incredible that a blogger who has been covering this lawsuit would continue to do so? The hearings are public events. The court documents not under seal are public documents.
… Plaintiff’s associate, William Hoge, …
I suppose that I am associated with Aaron Walker in that I have come to see him as a friend over the past few months. However, I have no interest in his lawsuit with TDPK other than my support for a friend’s First Amendment and other legal rights.
… who was at the hearing with Plaintiff, …
Well, yes, I was at the hearing, and after schlepping all the way from Westminster, MD, to Manassas, VA, I went to lunch with him that day also. I plan to be at the hearing this Friday too.
… has since posted more than a dozen blog posts about this case, …
Sure have. More on the way.
… including many that discuss Defendant’s discovery filings, his response to that discovery and how dire the Defendant’s legal problems are due to his failure to understand or follow the rules.
I have not, however, disclosed the contents of any of the discovery. I don’t have access to any of those sealed documents, and even if I did, I would respect Judge Potter’s order to keep discovery confidential. TDPK is the one who has included material from sealed documents in open filings.<fisking>
<mockery>Dear Dread Pirate Kimberlin:
If you wish me to stop using your motions as a grist for the mill of Internet mockery, I suggest you stop creating the source material.
Also, I’ve worked hard at trying to have a neat and clean appearance here at Hogewash! While I understand that your use of my blog posts as exhibits in your motions is “fair use,” I ask that you at least use good quality screen captures or printouts of my posts. If you can’t get decent versions with your equipment, let me know what you need, and I will be pleased to provide high-resolution electronic copies of any of my material.
W. J. J. Hoge</mockery>
Gentle Readers, I’ll be fisking more of this filing a bit later. Also, I’ll be commenting on TDPK’s reply to the sanctions motion after I’ve redacted the improperly included materials that should have remained under seal.
You’ll need a large bag of popcorn for what’s coming. Stay tuned.
Tick, tock, tick, tock, …