Dread Pirate #BrettKimberlin Breaks the Rules

Yesterday, I got a copy of Defendant Kimberlin’s Response to Plaintiff’s Motion for Sanctions filed in the Virginia Walker v. Kimberlin, et al. case. I was not able to post it without review and redaction because it contains substantial amounts of information filed under seal by Aaron Walker per Judge Potter’s order.

The sealed material in the body of the motion and its exhibits have been redacted.

<mockery>IANAL. My formal legal experience consists of a one semester course in the Uniform Code of Military Justice while in ROTC, work as an expert witness, service as a jury foreman, plaintiff in various lawsuits, and defendant in a criminal case (a trumped up charge on which I was acquitted). Oh, and traffic court. I believe I have good general understanding of the Rules of Evidence. My experience suggests that judges expect their orders to be obeyed.

Judge Potter ordered that the parties to the suit would keep discovery materials confidential between themselves. Including multiple pages of such material in an unsealed motion strikes me as a violation of the judge’s order. Given that TDPK had included a document sealed by a Maryland court in a previous motion, I wonder how he will convince the judge that his behavior is acceptable.</mockery>

Gentle Reader, if you scan the motion, you’ll see that it is a target rich environment for fisking and mockery. Stay tuned.

Tick, tock, tick, tock, …

UPDATE—In my neighborhood the Boy Scouts are having their annual popcorn sale fundraiser. It’s good time to stock up and help a worthy organization.

UPDATE 2–An emailer reminds me that the White Chocolate Covered Pretzels that the Scouts sell are good too.

8 thoughts on “Dread Pirate #BrettKimberlin Breaks the Rules

  1. Is the redacted information actually received as part of discovery in this case or was it material that had previously been submitted under seal and Kimberlin is trying to submit as unsealed?

    If the former than we should expect a motion for contempt.

  2. Is it just me or does it seem like he is making arguments against the Federal case in the above.? What does the Federal case have to do with the Virginia case? They are two separate cases, and what happens in one does not affect what happens in the other, as far as I know.

    I’m assuming the redacted portion of the filing is information from the sealed Maryland order, dealing with AW’s former employment.

    I have more to say about the above, but I think I’ll hold off until the fisking of those sections are done.

  3. I think the judge said that discovery should be kept confidential unless it was necessary to exhibit it in order to bring a motion of some sort. That suggests TDPK did not break the rules, as long as the materials he exhibited were reasonably necessary to seek the court’s assistance.

    • IANAL, and I could be misinterpreting what the Judge said, but my understanding was that discovery material was to stay sealed unless introduced as evidence at trial, that pre-trial motions should be sealed if necessary to prevent premature disclosure.

      • Honestly I haven’t followed this case quite closely enough to know if you’re correct about what the judge said.

        And since you’ve redacted the discovery material, I have no way of evaluating whether it was necessary for TDPK to include it in his motion. I think you did the right thing, redacting it, if there’s any question that the judge will want to seal it later. You certainly don’t want to get drawn into this case as more than just an observer.

        • I note that Aaron Walker’s lawyer has filed his exhibit containing discovery material received from TDPK under seal based on his understanding of Judge Potter’s instructions.

  4. There’s a lot I could say about this motion (the bad arguments and bad writing in it), but I wiould only help TDPK because there’s nothing I could say that Mr. Worthing’s lawyers don’t already know.

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