Dread Pirate #BrettKimberlin’s Exhibitionism

TDPK’s Motion to Dismiss in the federal Walker v. Kimberlin, et al. lawsuit has 15 exhibits. Here they are:

The Gentle Reader will notice that Exhibit A has been completely redacted. This is because it was lifted from the discovery Aaron Walker provided to TDPK in the Virginia case. Exhibits F, H, I, and J are also redacted entirely for the same reason. Exhibit E is partially redacted. It is a copy of the motion sealed by Judge Rupp in the Maryland Kimberlin v. Allen case and which TDPK has also used as an exhibit in an open filing in the Virginia case. It has been partially redacted to remove some of Aaron Walker’s personal information and identifying information concerning his former employer.

Very little of the material in these exhibits is germane to a motion to dismiss. Such motions are supposed to ask the court to decide that the plaintiff’s claims, even if everything alleged be true, are not ones for which there are legal remedies. A motion to dismiss is not the proper place to offer evidence or argue the truthfulness of the plaintiff’s claims.

Still, if TDPK wants to offer evidence and argue prematurely, we can look at what he offers. Some of it is hard to read while keeping a straight face what with all the flawed reasoning stacked on top of non-facts. As I wrote in an earlier post, the Motion to Dismiss and its accompanying exhibits are a target-rich environment for mockery.

Pop some more popcorn and stay tuned.

5 thoughts on “Dread Pirate #BrettKimberlin’s Exhibitionism

    • You’d have to ask Dan Backer.

      I note that, other than Exhibit E, the sealed docs in question here were placed under seal because of TDPK’s complaint about being mocked on the Internet. Judge Potter responded by requiring both sides’ discovery to be sealed. TDPK is violating the order that he sought.

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