When one looks at what TDPK writes in his filings and says in court, one may wonder if he’s just making stuff up as he goes along. Quite often, the tales he tells bear only a passing resemblance to the real world. Here’s an example from the Virginia Walker v. Kimberlin, et al. case.
In Defendant Kimberlin’s Response to Plaintiff’s Motion for Sanction we find the following:
However, Plaintiff [sic] did comply by 5:00 pm on October 5, 2012, by sending Plaintiff’s counsel his objections to each and every discovery question. This is exactly what the Court told Defendant to do at the October 5, 2012, hearing—either comply with discovery by turning over the requested information or object to each question/request.
Uh, no. That ‘s not what the transcript of the hearing reflects.
THE COURT: Let me just advise you—I can’t give you legal advice and I can’t represent you from the bench. You need to know that whenever you receive discovery like this, interrogatories, request for admissions, request for production of documents, that under the Rules of the Supreme Court, you’re required to file written responses to those within a certain time period.
MR. KIMBERLIN: Right.
THE COURT: That’s why the compel was granted, because you hadn’t done it. They alleged—now discovery is handled outside the Court. That’s why I had to ask you these things.
MR. KIMBERLIN: Yes, sir.
THE COURT: They’ve alleged that you didn’t file within the twenty-one days and I found that to be the case. I didn’t have any evidence to the contrary, so that’s why I entered the order in September.
You have a certain time period and you didn’t file, so I gave you about three weeks to go ahead and file a response to these three things.
Now, the Rules under 4:12 are very clear. If you don’t do that, you limit your ability to respond and defend the case. So I think it’s imperative that you understand that you need to file a written response to these things.
MR. BACKER: I’m not discussing adequacy, Your Honor. He actually hasn’t filed responses to either of those requests. He filed unrelated motions this morning.
THE COURT: All right. He needs to do that. I’ve advised him of that. Today’s the last day. He’s got until about 5:00 o’clock. So he’s got to try and get those filed.
[Speaking to Kimberlin] Having said that, you’ve got until 5:00 o’clock to answer all these documents and all these requests. Do you understand that?
MR. KIMBERLIN: Like I said, I’ve filed a protection order on—
THE COURT: I realize that, but I don’t have it and you haven’t filed it timely. So I’m not going to entertain orders of motions you may have filed.
Nothing in the Judge Potter’s instructions to TDPK gave him any wiggle room. He was ordered to comply with discovery by 5:00 pm on the day of the hearing or face the possibility of a sanctions motion from Mr. Walker.
TDPK didn’t follow the judge’s instructions, and now Aaron Walker’s lawyer is using that as one basis (there are others) for a sanctions motion.
Tick, tock, tick, tock, …
UPDATE—I note with some amusement that someone has hit the “down twinkles” button. Apparently, some member of Team Kimberlin (or an enabler or fanboy) is distressed by seeing what actually transpired in the courtroom as opposed to TDPK’s version of the event.
You don’t have to sort of enhance reality. There is nothing stranger than truth.