Dread Pirate #BrettKimberlin Reads My Blog, Part Deux


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.

<fisking>

Incredibly, …

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.

Laughingly yours,
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, …

6 thoughts on “Dread Pirate #BrettKimberlin Reads My Blog, Part Deux

  1. TDPK knows full well that anything filed with the court are public records and hearings are public events. Hell, it was because he was trying to get Aaron’s personal information into the public record that all of this started.

    He is trying, again, to influence the court to put some sort of gag order on the proceedings. He figures since he has managed to get Aaron himself to stop writing about the case, and they have also managed to keep Patterico from writing about HIS case, that if they can shut YOU up that interest will fade from the case.

    I look forward to hearing what sort of BS he lays out in the Reply to Motion for Sanctions.

  2. One other thing I noticed. He is again using the Accuse the Accuser tactic. He is claiming that Aaron is filing motions strictly to annoy him and waste the courts time.

  3. I hope Dan Backer files another motion for sanctions based on this response. Specifically, Kimberlin is fully aware that he was an obligation to work out disputes such as publication of documents from the case on the internet. In those negotiations Backer stated that he had asked his client to cease such publications, and, Walker has. Backer has also stated he no control over any journalist seeking public documents. Nevertheless, Kimberlin has attempted to perpetrate a fraud on the court by arguing that 1) Walker has persisted in such a course of conduct when is aware that he has not; 2) by gratitiously adding “Plantiff,” and “counsel,” in an accusation of wrong doing against a journalist for reporting the case; 3) by claiming a conspiracy between counsel, Walker and Hoge in the absence of any evidence; and 4) Walker or counsel have revealed sealed information based on an equivocation upon the meaning of “discuss[ing] Defendants discovery filings.”

  4. This is the thing: I got the impression from Mr. Backer’s filings that Kimberlin didn’t comply with the judge’s order…by any legal standard. I mean, Mr. Backer’s motion for sanctions pretty much announced to everyone that Kimberlin didn’t respond to any of the discovery (not to mention, DPBK just confirmed it with his latest masterpiece). So how exactly would Mr. Backer or Mr. Walker have discussed any of Kimberlin’s discovery with Mr. Hoge? Especially since everyone with half a brain could read plain english in the motion that there was no discovery to discuss.

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