In Re Kimberlin v. Walker, et al.

The hearing today was a very brief. The only item on the docket was agreeing to a possible date for a trial if the case survives the motions for summary judgment. Both sides have filed such motions. There is a hearing scheduled on 1 July to deal with those motions and the defendant’s motions to compel discovery from The Dread Pro-Se Kimberlin.  The trial date agreed to was 11 August.

I don’t expect to have any further substantive comments on this lawsuit until after the 1 July hearing.

12 thoughts on “In Re Kimberlin v. Walker, et al.

  1. BK has not answered discovery. If the court hears the motion to compel/protective order issue on July 1 and Orders BK to answer, the Court will have to give time for that to occur. Even if the Judge gives little time to respond (say 10 days) there will still need to be time to review discovery and determine whether the questions have in fact been answered. I suspect he will not answer fully. Perhaps a motion in limine will follow, possibly seeking to exclude any evidence not produced (which will essentially prevent BK from putting forward evidence). In the alternative, the court could just grant the motions for summary judgment and make the discovery issues moot. So we have to wait a few weeks to see how this plays out. I do not think a full trial will happen.

    • I have made my prediction before.

      In the July 1 hearing, the judge will grant at least some of the protections from discovery that BK has asked for (after today, I am leaning toward all). That will be the basis for denying the motions for immediate sanctions, because there will be a reason for having not provided discovery. If the judge does not grant all protections from discovery, he may issue an order to compel with say 21 days to comply – which will be 2 weeks before the August 11 trial – so that will be okay as far as the timeline goes. It will only leave two weeks before the trial to go for a motion for contempt when BK refuses to provide discovery – so it won’t happen. BK will pay no price for having once again telling the court to stuff it. Having set a new timeline on discovery, the motions for summary judgment will be denied. (Or, if all, not some of the protective order is affirmed, they will just be denied.)

      This will be going to trial before a jury. Yes, it may mean that he cannot present things as evidence, but doesn’t really matter. And, yes, probably the first thing that would happen is a MTD from Ostronic because the plaintiff failed to provide discovery. Which could, possible, be awarded. BKs intent isn’t to win anyway.

      • So BK wants a jury trial where he won’t be allowed to produce any evidence because he’s been allowed to avoid most if not all discovery? If that isn’t proof that the whole purpose of this case is to cost the defendants time and money, I can’t imagine what would be.

Leave a Reply