Team Kimberlin Post of the Day

Brett Kimberlin has a history of trying to use the court system to silence those who he perceives as his enemies, and one sure-fire way to get on his enemies list is to publish the truth about his past or his current activities. His latest bit of lawfare names me along with four other bloggers as a defendant. Gentle Reader, please allow me to make the following points.

1. The case will be disposed of through the courts not the Internet.

2.  Unless advised to do so by my lawyers, I will make no public comments about any pending matter in the case.

3. Tactically, suing me is a dumb move on Kimberlin’s part. He will find that I now have a reason to focus more of my attention on him.

orvilleredenbacher4. Strategically, suing me is an even dumber move. He will now either answer my discovery interrogatories and admissions and produce the documents I seek, or he will have to explain to the court why his suit should not be dismissed.

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14 thoughts on “Team Kimberlin Post of the Day

  1. “The case will be disposed of through the courts not the Internet.”

    You are about to engage in what is deemed asymmetrical warfare. While you intent to dispose of this suit through the courts Kimberlin almost certainly intends to try you and your fellow defendants on the internet. First of all, he is going to take full advantage of the exemption for pleadings from libel laws to soil your reputation. He will do so persistently. Second, he will consistently play of the role of liberal martyr to an evil conservative conspiracy who finally had enough and fought back. As he presents it, the facts in the case won’t matter, but, political ideology will. Third, he will accuse you of precisely the behaviors he was engaged in so as to characterize the entire trial as two antagonists trade dueling charges from financial impropriety to pedophilia at each other. The more duality he asserts the more he can try to shift attention away for relative merits of the respective charges. There might not be much correlation between the charges he levels against you in court and those his lackeys level on the internet. Nor, should you expect any of his accounts of each days proceeding to be accurate. Almost certainly we will be regaled with tales about how the judge’s tone and body language indicate you are going to lose. When he inevitably loses that will merely be used as a basis to show how unfair the legal system is, and how the laws need to be changed to put those rascally Republicans in their places.

    Of course, during this time you will be pinned down in your bunker on the advice of counsel. So will be just about every one of his critics. How convenient for Brett Kimberlin.

  2. One thing worries me. TDPK didn’t answer discovery last time…on more than one occasion…what makes anyone think hell answer this time.

    He doesn’t care if the case gets tossed…he’ll have thrown it all on the Internet. And he’ll put YOUR discovery all over the Internet too..because you’ll obey the order for discovery while he doesn’t. He’ll leak it even if the judge orders it sealed. He’s done it before with no consequences.

    I would go the unusual route of having the discovery given to the court, but Not TDPK , until BOTH sides have turned over discovery. I don’t know if a judge will go for that, but I’d sure as hell would ask for it, or something like it.

    Hang in there guys. I’ll continue to pray for all 5 of you until this farce ends.

  3. I do not think Mr. Hoge has anything to hide. So why would he care if Kimberlin takes his discovery and makes it public? Seems to me that The Dread Pedo Kimberlin is the one with everything to lose.

    • Even the innocent man can have things twisted around to look like there is something going on.

      Aaron Walker is innocent, yet an internal email from a lawyer of his former employer has been used against him time and time again.

      I don’t think Mr Hoge has anything to hide either. Neither do I believe any of the other defendants has something to hide…but words can be twisted, until the honest, obvious answer is murky from all the mud thrown at it. That has been part of TDPK’s motive from the beginning.

    • Even a saint does not want all the private details of his life, finances, and such circulated among the public nor the Brett Kimberlin Crime Family.

  4. I wonder if the judge would be amenable to requiring Kimberlin to produce documents requested before handing over any from the defendants.

    • Does not work that way. There is a date to respond by. Let’s simplify and say there are two parties involved here, plaintiff and defendant. Plaintiff will send to defendant a set of admissions – in other words, accusations that the defendant must respond with admit or deny to. In this case, I would guess these will attempt to build up the elements of the charges – so, for example, it will take the elements of harassment, and say, on such and such date, you defendant, did X. And then the respondent has to say admit or deny. Anything that is admit is not adjudicated. Anything that is denied has to be tried, because it is a point of disagreement.

      Plaintiff will also request information and documents to questions that are related to the matter. And of course, worded as broadly as possible. So, for example, I would bet that plaintiff will request all emails between the defendants. But a properly crafted one would ask for all emails from the defendant that are related to such and such event.

      The judge will not predicate one party’s delivery on the delivery of the other party. So, for example, to the scheduling of this case on Case Search, all Discovery is due by 5/12/14. At that point, if one party is not satisfied that the other has fulfilled the discovery requests, they could do a Motion to Compel a response, as well as ask for sanctions. Typically attorneys communicate about that before hand, hey, we were expecting a package of info and we didn’t get it did it get lost in the mail? And if the other side does not respond, they go to the motion to compel. I am guessing there would be no working it out with plaintiff’s atty.

      A sanction that could be levelled beyond attorney fees is to exclude any information about an item that was not responded to – so, for example, pace Mr. Hoge, defendant does not ask for admissions from plaintiff, but rather has to ask for proof, information, documents, etc. supporting their charge. If there was no discovery provided for that, the defense atty could then request – at trial – that the charge be dismissed because there is nothing that the plaintiff can provide in support of it.

      • Except the intent is not to actually adjudicate the claims, but to use discovery to force the disclosure of information that will “leak” to the public. The whole lawsuit is in bad faith, and filed — pro se! — by someone who cannot give testimony. If the judge doesn’t want to throw it out as abuse of process, then some protection should be given to the defendants.

      • And there you see the violence inherent in the system. 😉

        The court has to presume that the case is in good faith. They cannot presume abuse of process without some judgment that this is the case. I get it, TK does not care, and they are not in it to win it, but rather to use lawfare to harass. Every defense to these things takes time, and time for lawyers costs money. Plus individual annoyance and time taken.

        And that is my point. TK has been at this for a while. He is not afraid of discovery because he isn’t going to play. Worst case for him is that his case is dismissed, which might – MIGHT – open him up to a malicious prosecution suit, but that again will take time and money. And given the volume of his lawfare, one would think that it would have already happened. It isn’t easy. I mean, even if his case was in good faith, he would have a hard time winning that case. But we have already established that isn’t his intent.

  5. I see BS has a new moniker for those BS has sued. Interesting. Of course, according to BS’s own standards, he is guilty of defamation since no one has yet been found guilty of defamation.

    • Emerson wrote that a foolish consistency is the hobgoblin of a small mind. The Cabin Boy’s writing is the small inconsistency of a hobgoblin’s foolish mind.

      • Lack of attention to detail is another small problem that certain people have, even after reading your blog for over a year. I will say no more because I have no desire to aid people who are attempting to suppress speech with which they disagree.

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