The Gentle Reader who has been following the Saga of The Dread Pirate Kimberlin for a while may remember that TDPK threatened Dan Backer, Aaron Walker’s lawyer, with a Motion for Sanctions in the federal Walker v. Kimberlin, et al. lawsuit, said motion to be filed on 20 November. Here are the documents that were filed in the case on that day:
Even the Most Casual Reader will note that neither of the documents is a Motion for Sanctions. The paperwork for a Rule 11 sanction was served on Mr. Backer in time to allow filing with the court on the 20th. Given that Mr. Cohen filed this on that date without filing the Motion for Sanctions as well, perhaps he has reconsidered its validity. It may not be in best interests of his clients, Justice Through Music Project and Velvet Revolution US. Those interests may be rapidly diverging from TDPK’s.
<mockery>Thus far, TDPK’s threat is empty. He may follow through at a later date, or perhaps he’s figured out that wasting a court’s time is not a good way to win a judge to one’s argument.</mockery>
Meanwhile, back in Virginia, the clock is ticking down to 10 am, 4 December. There are, if I’ve got the count right, seven motions on the docket. Two are from TDPK. One is a Motion to Dismiss, and the other is Motion for a Protective Order to allow him to blow off discovery. There is one from the Prince William County Police to quash a subpoena from TDPK for information concerning the ongoing criminal investigation into the SWATting of Aaron Walker. There are four from Aaron Walker. One is a Motion to Deny Dismissal. One is a Motion for Sanctions against TDPK for multiple reasons. Two are Motions for Default Judgments, one against Crew Member Ron Brynaert, the other against First Mate Neal Rauhauser.
IANAL, but folks who are tell me that TDPK’s motions don’t seem to have much basis in law. They also tell me that the police motion to quash is a slam dunk for the cops. They also believe that the default motions against CMRB and FMNR should probably be granted. My lawyer acquaintances say that the interesting part of the hearing will be the sanctions motion against TDPK. They all believe that he should be sanctioned, but there’s a wide range of expectations about what Judge Potter will do.
Tick, tock, tick, tock, …
CORRECTION—The Waivers of Service were actually filed with the court by Mr. Backer. It may be that a sanctions motion has been filed but has not been posted to the docket on PACER yet. We will see.