Well, well, well, he actually did it. TDPK filed a Motion and Memorandum in Support of Rule 11 Sanctions Against Plaintiff’s Attorney Dan Backer in the federal Walker v. Kimberlin, et al. lawsuit on 20 November. It showed up in the docket on PACER today. Here it is:
I haven’t got time to get into fisking this nonsense document this evening. I’ll tend to it later. There were a bunch of other filings appearing on the docket today, and I want to read them. However, I will point out a couple of glaring errors.
The first is the blatantly false statement on the first page claiming that Aaron Walker’s complaint alleges that the Montgomery County, Maryland, courts are in “cahoots” with TDPK. There is no such statement or inference in the complaint.
Second, Exhibit C is yet another breach of the seal Judge Potter placed on discovery documents in the Virginia Walker v. Kimberlin, et al. case. In for a penny, in for a pound, I guess. Or maybe stupid is as stupid does.
In an earlier filing in the Virginia case TDPK threatened that a Rule 11 sanctions motion would be filed in the federal case, but he implied that it would be filed by the counsel for Justice Through Music Project and Velvet Revolution US on behalf of those defendants. TDPK has filed one instead, whereas JTMP and VRUS have simply filed a Motion to Dismiss (that’s one of the filing I want to get around to reading tonight). Hmmmmm.
I suppose Dan Backer will file yet another Notice of Breach with Judge Potter. That will make a six pack. I’ll bet that the judge will not be amused by this during the sanctions hearing against TDPK on 4 December.
Start popping the corn, and stay tuned.
Tick, tock, tick, tock, …
UPDATE–In response to questions about redacting Exhibit C, I left it intact for two reasons. First, it has already been widely circulated, so it can’t do Aaron Walker any additional harm. Second, it serves to demonstrate how desperately TDPK is grasping for any defense.