Dread Pirate #BrettKimberlin and Discovery

In his continuing effort to keep from complying with discovery in the lawsuits against him, TDPK has filed a Motion for Protective Order to Stay Discovery in the federal Walker v. Kimberlin, et al. case. Here it is.

Talk about a target rich environment for fisking and mockery!

<fisking>Much of this document is recycled drivel from previous filings that is not germane to the motion at hand. In the Argument section of the motion, TDPK cites Federal Rule of Civil Procedure 26(c).

Protective Orders. (1) In General. A party or any persons from whom discovery is sought may move for a protective order in the court where the action is pending—or as an alternative on matters related to a deposition, in the court for the district where the disposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. …

Gentle Reader, guess what’s missing from the motion? Yep, that’s right; there’s no certification that the movant (TDPK) has conferred with anyone about an out-of-court resolution to the dispute. The motion is defective if it lacks that certification.

Game Over!</fisking>

<mockery>Here we have another example of TDPK and his crew fighting above their weight. If one is going to file a motion in a court case, one really should include all the necessary elements for that type of motion. Furthermore, one should not burden the motion with non-germane arguments, especially counterfactual nonsense.

TDPK got an undergraduate degree related to community legal services (with a 3.96 GPA) while he was in the slammer; he also got certified as a paralegal. Clearly, none of that has been adequate training to allow him to stick to the appropriate forms for the motions he files. As Ogden Nash once wrote, “Too clever is dumb.”</mockery>

Those of you who do Twitter may want to check out my timeline (@wjjhoge) for some of the nonsensical blithering Team Kimberlin is emitting. Their foaming at the mouth is almost as much fun as I expect to have watching TDPK’s sanctions hearing in Manassas next Tuesday.

John Doe 1 (aka Breitbart Unmasked) has suggested bringing a camera so that he can interview me. Hmmmmm. If, as I suspect, John Doe 1 is TDPK, then he knows that cameras aren’t allowed in the courthouse. If it’s First Mate Neal Rauhauser (as Stacy McCain believes), it will be interesting to see him at the hearing on his default motion.

Stay tuned.

Tick, tock, tick, tock, …

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