Here’s a request for production of documents that the Dread Pro-Se Kimberlin doesn’t want to honor in the Kimberlin v. Walker, et al. nuisance suit.
One of TDPK’s alleged causes of action against me is the fact that I have Applications for Statement of Charges and peace order petitions against him based on evidence that he is one of the users of the @Breitbartunmask Twitter account and the actual beneficial owner of the Breitbart Unmasked website. This from his amended complaint in the Kimberlin v. Walker, et al. suit.
If he has never had any communication with Breitbart Unmasked, all he would have to do is say so. Of course, that would then raise the question of how the picture TDPK took of Aaron Walker and his wife at the Howard County District Courthouse on 1 March, 2013, got published on Breitbart Unmasked that very afternoon.
I’m tempted to write that I wonder what TDPK is trying to hide, but that’s not completely true.
i didn’t realize you were alive in the year 1013…
What’s even more surprising is that “Storm” is tacitly admitting that he was… hahahaha
Actually, it’s just that the case was denied a full millenium before it was filed.
Kyle! What have you been up to?!? Is Betty’s pony involved?
I’ve noticed the detents on the eon dial are a bit loose, so everyone pay attention to the settings before punching the starter on the time machine, OK?
Safety first, people!
[Kyle, you *did* schedule that 5000 year service, right? If not, zip back a week, and take care of it, please, and have them check that knob, too.]
It just occurred to me that in making the overly broad accusation that Aaron Walker et al had promoted a “false narrative” it would allow the defendants equally broad discovery efforts to argue for the correctness of their “narrative.” Brett Kimberlin has listed a broad list of links. If any of the articles linked discuss the subject of an interrogatory then none of the questions is “irrelevant.” They concern subjects Kimberlin himself has made the subject of the suit. In making generalized claims about how the Team Kimberlin Post of Day was defamatory, Kimberlin, arguably, has made just about everything John Hoge has ever posted germaine. If Kimberlin wishes to pursue the claim that the body of work by John Hoge is defamatory, then, John Hoge ought to have every right to prove that that same body of work is true.
It was Brett Kimberlin who chose to pursue the broad subject of “false narratives.” The defendants objected to the lack of specificity, but, the court ruled against them. The court Is now bound to enforce its own decision. If that makes discovery quite broad, so be it.
BINGO!
We have a winner, folks!
Yup, once discovery closes, the bulk of Kimberlin’s actions should be dismissed based on his failure to provide facts to substantiate his claims.
The defendants can also ask for a directed verdict based on the information they provided, which shows that they didn’t engage in the claimed conspiracy.
And sanctions are appropriate. Both for failing to cooperate with discovery and for filing a lawsuit that lacked merit.
The court Is now bound to enforce its own decision.
Hahahaha! This court would not even punish BK for presenting forged evidence. What makes you think that it needs to be bound by consistency?
Defendants have in this past month asked the court for the following in response to BK’s failure to abide by the rules of discovery:
1. Motions for Immediate sanctions
2. Motions to compel
3. Motions for summary judgement
The motions for immediate sanctions were filed at the beginning of this month. The court has yet to make any notice of that. I suspect that the motion for protective order is going to be used as a reason by the court to deny the motions for immediate sanctions because, hey, he isn’t willfully avoiding discovery, he has reasons.
Just guessing – and I am not a lawyer, and have no insider information, so it is just a guess – that the court will now decide to have a hearing on discovery. That hearing will consider all 4 motions. Some of the objections that BK has raised will be sustained – meaning he will not have to provide answers. The court will deny the motions for immediate sanctions. The court will then compel responses to the remaining questions (and requests for document production) within a time certain – I would bet they give another 21 days. By compelling discovery, it will start a new clock, and thus the motions for summary judgement will also be denied.
On the particular question of Breitbart Unmasked, I suspect he will answer as Mr. Hoge as suggested – “I have never had any communication with BreitbartUnmasked.” Which is likely false, but the court has given BK the green light to falsify evidence. Lying about connection to BreitbartUnmasked won’t be harmful to his case, but it will be to the defendants. Are they going to introduce a Schmalfeldtian flowchart to show why he is connected? Whois records and EXIF info? Right, the judges are going to follow that. And BK argues that the case is not about him, but about the defendants, so why are we looking into such things? The case isn’t so much about false narrative as a bunch of meany conservatives being mean to him and his cute daughters – and I know, we shouldn’t make mention of family members, but he did have his daughter, who is NOT a party to the case, submit an affidavit. And apparently the ladies of the District Court in Montgomery County are swayed by such things.
So, yeah, majesty of the law and all that, but that is the game.
The motions for immediate sanctions were filed at the beginning of this month. The court has yet to make any notice of that.
The process to do ANYTHING in court is a bit more arduous than simply filing a motion. The motion simply puts into the record (court file) that one of the parties is asking for something. In order to have the motion heard a party must typically notice a hearing (with dates cleared both with opposing counsel/parties and the court), attend the hearing and present argument and evidence, and then have the Judge enter an Order. Now, I do not know how quickly matters can be heard in Maryland, but in many parts of the country it can take weeks to months to have a motion heard. Even in courts which designate open civil motions dates (and allow parties to set as many matters as they want on that date without permission of the court) there are still typically notice rules meaning the other party needs to have 7, or 14, or 21 days, or more notice before putting the matter on the motion docket.
The wheels of justice turn very slowly, but they eventually lead to results. As to your suggestion that a hearing will now be had because of Mr. Kimberlin’s protective order motion, again, ALL motions must eventually be heard unless they are withdrawn by the moving party. It stands to reason that both motions will be heard at the same hearing. It does not stand to reason that Mr. Kimberlin will be successful on his motion.
Reblogged this on Dead Citizen's Rights Society.
Off Topic alert – well kind of on topic. In this whole drama-saga we are exposed to one of the participants who has a terminal disease and is suffering for it and in effect so are some of the good people here, especially the host and Aaron from some of the problems created by this individual.
Not to divulge anything but a close relative of mine is in the health profession and her only daughter came down with sudden onset diabetes I – an active child, cross country and swimmer – bang – no family history – type I – needles for life. Children, probably not, early onset blindness – quite possibly – they cant get her blood sugar below 200 consistently
So…. Far…..
The one thing Obama and his willing handmaidens of leaping before thinking, did with this ACA, was to underestimate the enormity of the scientific war being waged on diseases, illness and disabilities.
The Democrats in Washington failed to take into account, except for a handful of Rocket Scientists – the best of those attending the best schools in the world located right here in the USA, these schools – paid for by decades of profit enterprise and rampant capitalism – the main effort of our vast and mighty scientific apparatus – the apparatus that cured polio, that stopped AIDS from being a death sentence of misery and suffering, that is extending the life of cancer patients and in some cases – curing the disease, the relentless march of research that is cutting down on birth defects, heart disease, what did they – these democrats – products of the incurable disease of laziness and entitlement – what did they do to the greatest effort mankind has ever seen:
They brought it to a stop, with a one vote margin in the house
Thanks… They should be so proud….
Prayers are being offered.
I prayed for your niece and your family, EPWJ. If you DM me her first name, I’ll add her to our daily prayer list. Despite the disagnosis, she’s a lucky girl to have you in her corner and clearly caring so very deeply about her.
Thanks everyone, thank you for your thoughts and prayers – we are fortunate that she has the very best of care as her mom is chief nurse of the children’s hospital where she lives and doctors around the country are looking after her, I pray for all of you and especially Bill and Brett’s daughters and wife and the Delong’s and the little girl in Indiana oh so many decades ago
I didn’t proof read the post what I meant to say was the best students – aside from a few Rocket scientists – are in the fight to improve the health care of all of us – rereading it, it could have used some editing, a few phrases out of place a missing word or two
after all it was 1013 and the word processing back then sucked
Prayers for the young Lady EPJW.
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I find it interesting that the TDPsK forgets to lie when the needle is too close to the heart. I’m reminded of his
responsereaction to the “Speedway Bomber” line of inquiry during his testimony v. AW.