Dread Pirate #BrettKimberlin [Redacted]

I want to skip over some of the mumbo jumbo in Defendant Kimberlin’s Response to Plaintiff’s Motion for Sanctions in the Virginia Walker v. Kimberlin, et al. lawsuit and discuss the part of the filing that I am unwilling to publish. A substantial portion of the main body and all of the exhibits consist of material from discovery, material that Judge Potter ordered should be kept confidential.

<fisking>Paragraph 13 claims that Aaron Walker and his lawyer are perpetrating a fraud by spinning a false tail relating to why Mr. Walker was fired from his job at [name redacted]. The next six paragraphs consist of [redacted] which on close reading does not support the argument TDPK attempts to make. Indeed, the [redacted] provides some support for Aaron Walker’s version of events.

Which brings us to paragraph 20:

Clearly, in light of the above, Plaintiff and his counsel are intentionally misrepresenting the reasons for Plaintiff’s firing, …

As noted above, that conclusion is not at all clear from the material cited by TDPK.

… and are using that false pretense to raise funds to litigate this case against Defendants.

And he goes on and on about why he thinks a criminal fraud is being perpetrated.

21. Counsel knows that Plaintiff’s Muslim hate blog provided a strong basis for his firing.

How TDPK is aware of what Dan Backer, Aaron Walker’s lawyer, knows is not established. Indeed, for Mr. Backer to know (as opposed to believe) those things, they would have to be true, and no evidence has been present establishing that the blog in question was a hate blog or that the imagined hate was directed at Muslims as a whole. Nor has any evidence been presented that the blog per se was the cause of the firing.

Therefore, Defendant has every right to include portions that blog [sic] to show the Court the vile depictions  that precipitated his firing.

All that to try to explain why including non-germane material should be allowed in TDPK’s filings. If the blogging, or its contents, were the reason for Mr. Walker’s termination, a simple statement by the former employer would establish it. However, nothing in the [redacted] supports TDPK’s proposition.</fisking>

<mockery>A poorly reasoned argument unsupported by pages of material that tend to support the opposition. Wow. Either we’re about to be blown away by an unsuspected legal genius, or …

… yeah, that’s what I think too.</mockery>

Tomorrow, the hearing on the sanction’s motion is scheduled for 10 am. I look forward to seeing how Judge Potter rules.

Internet devices aren’t permitted in the courthouse, so I plan to blog the results from the parking lot very soon after the hearing ends. Get your popcorn ready and stay tuned.

Tick, tock, tick, tock, …

9 thoughts on “Dread Pirate #BrettKimberlin [Redacted]

  1. My prediction. Kimberlin is sanctioned with some attorney fees. Backer insists on a payment schedule starting in the near future. Kimberlin pleads poverty. Backer makes Kimberlin’s alleged poverty a matter of discovery. Kimberlin claims numerous privileges, and, harassment. Judge orders default hearing, and gives Kimberlin one more chance to comply. On the eve of that hearing, Kimberlin files appeal of judge’s ruling to appeals court. Appeal fails. Judge has enough of Kimberlin and rules all Backer’s claims are presumed to be true, and enters default judgment. Judge magically accused of corruption on the internet. Justice through Music subpeona to provide details Kimberlin’s compensation. Kimberlin refuses rehashing same arguments already dismissed. Kimberlin goes to jail for contempt.

  2. Ya know, I almost think TDPK would LIKE Mr. Hoge to sue him. If that happened I think that Mr. Hoge would be told to stop blogging about this case or anything else having to do with TDPK.

    • Not a chance, at least at the moment.

      TBPK and I have one thing in common. We are both the son of a lawyer, but I get the feeling that I may have learned more from my father than he did from his.

      • It would appear so.
        Keep your eyes open. I just had the rather unsettling thought that FMNR’s countdown clock may be intended for you, and not AW.
        Or, as Stacy McCain tweeted earlier, it could mean nothing.

        • I appreciate your concern. I take reasonable (and sometimes unreasonable) precautions. I have dealt with my share of tough guys and wannabe tough guys through the years. I’m not particularly impressed by FMNR. As Harry Truman once remarked, “I’ve shot at by experts.” The last person who truly frightened me was wearing black pajamas and aiming an SKS rifle at me.

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