In Re Kimberlin v. Walker, et al.


I did not attend the hearing this morning in the Kimberlin v. Walker, et al. nuisance lawsuit. However, I have been briefed by my lawyer on the outcome.

The net of the hearing is that the judge dismissed all of Kimberlin’s claims except for defamation and false light. Kimberlin was also ordered to fully comply with our discovery request not later than 10 July.

I may have more to say after I have reviewed the hearing audio.

UPDATE—I’m listening to the court audio. Thus far, I can say that The Dread Pro-Se Kimberlin did not have a good morning in front of Judge McGann. When it became evident that stalking and harassment are not, in fact, torts, the judge dismissed those counts for all defendants.

More later.

UPDATE 2—Because TDPK did not properly allege the elements of the torts of malicious prosecution and conspiracy to abuse of process, the judge dismissed those counts against Aaron Walker, Stacy McCain, Ali Akbar, and me.

Note: The judge had to order TPDK several times to stop interrupting my lawyer when it was his turn to address the court.

More later.

UPDATE 3—TDPK tried to convince the judge that he has suffered intentional infliction of emotional distress. He was unable to offer any specific allegation to support the tort. The judge dismissed that count against Aaron Walker, Stacy McCain, Ali Akbar, and me.

TDPK admitted that he had not answered our interrogatories or responded to my request for production of documents. The judge was not amused that TDPK was the plaintiff and not cooperating with discovery.

The judge wound up dismissing all of the counts except defamation and false light, but also granted our defense motion for sanctions for failure to comply with discovery. All discovery must be completed by noon on 10 July or the TDPK will not be able to offer related evidence at trial.

UPDATE 4—If TDPK does not comply with discovery, we have the option of filing an additional motion for summary judgment on the remaining counts.

Stay tuned.

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

    • yeah, i think that is a fair reading, although if you understand what MSJs are all about, it is a little weird. I think the fact any of it survived at all was a bone given to him as a pro se, but… its on life support now.

  1. You can bet Brett will try to twist “fully comply with discovery” into something outrageous, so let’s just hope that he doesn’t twist it into him setting off bombs around town to distract the cops from his crimes.

  2. What are the discovery requests that Brett has to comply with by July 10? (They may have been posted here before, but I’m not sure how to locate them.)

    • All right! Sanctions! Let’s hope they have teeth, this guy is positively stinking up the courts with lies and forgeries and he needs to be hit with something that will make him never, EVER want to pull crap like this again.

  3. A good outcome. We shall see what else is in the details. Not reported, disposition of motions for sanctions. I would guess not granted, but maybe held until after July 10?

  4. Complying with the discovery requests from ten defendants is going to be beyond his capability, I think. Nine days– Then a raft of crap for him as he will not, I think, actually provide true and full documentation.

    • He should have just complied in the first place, months ago. If that means he gets smacked twice, it’s fitting since it’s his own mis-use of the court that put him in the situation.

      Even if Brett actually puts an appropriate amount of work into writing his responses, though, what do you think are the odds the responses will be truthful? As always with Brett Kimberlin, the truth about him is devastatingly damaging, and he’s as dishonest and slimy as they get.

      • I’m thinking he’ll try to (again) claim 5th Amendment prevents duty to self-incriminate, and then suit will be thrown out. I highly doubt he’d ever provide any useful information.

      • But come to think of it… seems like defendants would be wise to subpoena info from alternate sources before case is dropped/thrown out to avoid disclosure.

      • Jane, INAL but, It is my understanding that taking the protections of the 5th ammendment in a civil matter exposes the protectee to a taint of guilt by denial. Sooooooo. Refusing to provide discovery by dint of refusal to self incriminate lends credence to the defendants claims of truth as a defense.

        As for the vexatious litigant… Not sure. MD has a weak SLAPP statute from what I hear, or was that VA?

      • Gus, a vexatious litigant finding has nothing to do with SLAPP and everything to do with a person’s history of vexatious litigation. Given that TDPK’s is lengthy and that he’s been stupid enough to repeatedly brag about the grief he can cause by filing yet another suit, he’s clearly a candidate.

        The day that happens is a day for cork popping.

    • The upcoming holiday will probably figure prominently in his excuses this time, the same way the snow and his daughter’s very, very minor illness have in the past.

      I’m sure he’s praying for a hurricane right now. Maybe he can get Arthur to veer inland on Friday….

    • He won’t comply. His only goal is to drag this out as long as he can, disrupting the lives of the defendants as much as possible. Good news on sanctions, but hope they will have some teeth. It’s the only way to put a stop to this twerp.

  5. I do have some questions:
    1. Was the judge wearing a bow tie?
    2. Was he a “country judge” who is frightened and confused by modern technology?
    3. Was the judge held in romantic thrall by anyone in the courtroom?

    An “investigative journalist” may want the answers to these questions.

  6. Hey Billy Boy!!!

    Come here, Billy!!!

    Time for your trip to the woodshed for some extra special “attention”!!!!

    Come on, Billy Boy!

    Man up, now!!

    NOM, NOM, NOM, NOM, NOM

    • Kyle has asked both Cabin Boy and that creepy NumberNone on Twitter to share their thoughts on the happenings in court today.

      Thus far… *crickets*

      • You know that creepy account is believed to be the Speedway Bomber, convicted felon Brett Kimberlin, of Justice Through Music Project (JTMP) and Velvet Revolution (VR), right?

      • The account was tweeting while the bombing perjurer was in court. So either it’s not Brett or it’s a shared effort. Take your pick. Who ever was tweeting this morning seemed to take great glee in announcing it was not brett.

      • Army Vet is right, he was tweeting (not just scheduled tweets, but trolloquies with various people including Aaron) during the time the hearing was in progress. Doesn’t necessarily mean anything. Osborne could’ve been running the account while court was in session. As “A Reader” noted, shared troll accounts are a Rauhauser (and hence by extension TK) trademark.

  7. How will they try to spin this into a positive for BK? Or will they conveniently ignore this and change the subject?

    • CIA conspiracy.
      Secret exoneration.
      True, he didn’t comply with discovery, but that’s his deceased brother’s fault.
      Julia Scypher’s daughter did it, evidence is buried in her yard.
      He will be appealing to the Supreme Court and the World Court if necessary.

  8. Hmmm, this is interesting. Look forward to details. At this, it sounds like the judge is not tolerating frivolous claims by TDPK finally.

  9. Speaking fo the RICO case, who can spot the funny from the Docket:

    SECOND AMENDED COMPLAINT against Ace of Spades, Ali Akbar, Dan Backer, Glenn Beck, Breitbart.com, DB Capital Strategies, Erick Erickson, Patrick Frey, William Hoge, Michelle Malkin, Robert Stacy McCain, Mercury Radio Arts, Mandy Nagy, National Bloggers Club, James O’Keefe, Redstate, William M. Schmalfeldt, Simon and Schuster, Inc., Lee Stranahan, The American Spectator, The Blaze, The Franklin Center, Lynn Thomas, Twitchy, Aaron Walker, filed by Brett Kimberlin.(aos, Deputy Clerk) (Entered: 06/25/2014)

  10. If I understand correctly, this is the state court lawsuit, not the Federal RICO lawsuit. Nevertheless, this is very good news. If BK does indeed answer the interrogatories, it will be interesting to see what all of his email says, if anything, about swatting. However, I would suspect that BK will not turn over any incriminating emails just because of an interrogatory.

    • au contraire

      it’s the state lawsuit that is the riskiest. maryland is a really weird place with some really odd results. the fed case has always been an absolute sure loser for bk, albeit also a huge sink of money and time for his victims. the state lawsuit… well you never know.

      it’s very good to see something done right in a maryland court.

  11. Jane wrote: “You know that creepy account is believed to be the Speedway Bomber, convicted felon Brett Kimberlin, of Justice Through Music Project (JTMP) and Velvet Revolution (VR), right?”

    Indeed. I even have a screenshot floating around somewhere on my old iPad of that creepy account admitting as much. Months ago, creepy was in one of its let-stalk-and-harass-Aaron-Walker-on-Twitter moods… again… and, slipped. Oops.

  12. Just checking in for news. Glad to hear his unserious objections to compliance with discovery were dealt with forcefully.

  13. Poor Bill. All he can find to complain about is that folks over here are happy. He must be taking it pretty hard, as he isn’t even trying to explain to all us “poor dim Hogeists” how the judge got it wrong, bless his heart.

    • From BS’s memory-holed blog, Feb. 7, 2014:

      from Feb. 7:

      “Now, I will report aggressively on Brett Kimberlin’s lawsuit against Hoge and his co-defendants. But I will not be unbiased.
      ***
      And for every dollar Kimberlin takes from Hoge, for every piece of property Kimberlin takes from Hoge, for every bit of suffering Kimberlin causes Hoge, I will smile. I will laugh. God forgive me, I want the man to suffer. And according to this story I am sitting on, suffer he will.

      Remember where you read it.

      Suffer, he will. It won’t match what he’s done to me. But it will be a small measure of satisfaction to have lived long enough to see Karma bite him on his pockmarked, pimply ass.”

      • Schmalfeldt’s actually being a less biased reporter, for a change.

        He said he’d report if Hoge suffered. Instead he’s reporting that Hoge and fans are pleased. Schmalfeldt had better get practicing because Brett still has a lot of outstanding nonsense that has yet to get smacked down.

        I can’t wait to see his diligent reporting on the sanctions against Brett.

      • His bias is still showing. He claims we’re “spiking the ball on the 10 yard line”, implying that we’re prematurely happy here, because the case isn’t over, and I guess he’s trying to imply that BK will still win what’s left of it. However I just don’t see how he can spin today’s events as any sort of “win” for BK.

      • I don’t think spiking the ball on the 10 is an adequate description of the events. After all, Walker et al is the defense, so that means there was an interception, the ball has been run to the one yard line, a party is occurring down on the one, and the defensive line is arrayed on the five looking back at the offense currently standing on the other side of the 50 looking confused. Touchdown? No. But the clock is ticking, and the offense better get in the game and salvage something.

  14. librarygryffon wrote: “However I just don’t see how he can spin today’s events as any sort of “win” for BK.”

    He can’t. No way. No how. Hence, the reason the meathead isn’t pounding out two tweets per minute with his big, gooey, sweaty fingers declaring victory for his excellent friend — the sawed-off, domestic terrorist — and, DOOOOOOM for the defendants.

    Poor Cabin Boy.

    • The simple fact that he isn’t frenetically tweeting shows how bad today must have been. Because usually BS can find some way to prove, the plain language of the court to the contrary, that things aren’t going well for Hoge and the other defendants, and the court really is siding with BK.

      • When the court dismisses all counts with prejudice, sanction Kimberlin, and, declares him a vexatious litigant it will have sided with both justice and the law. Until, and unless, that day happens, the courts are de facto siding with Kimberlin.

  15. Mr. Hoge, did ALL the defendants submit discovery questions that did not get answered by Kimberlin and he must do so now? Or does this only involve those defendants who pursued sanctions?

    • The stalking and harassment counts are gone for all defendants, including Kimberlin Unmasked. The malicious prosecution, abuse of process, and intentional infliction of emotional distress counts are dismissed for Walker, McCain, Akbar, and me.

      The sanctions apply to the discovery requests from Walker, McCain, and me.

  16. So, what exactly does it say about the judge who denied the first MTDs that some of the counts were dismissed because they weren’t even torts?

  17. Pingback: Congratulations | Running Wolf

      • I would never turn away someone who had truly renounced evil ways, truly attempted to make amends for his past misdeeds, and who was striving to live uprightly. Should that ever happen in this particular instance, I would hope that we would welcome him.

      • He has some intrinsic bad habits that aren’t really associated with his association to Kimberlin, but more the reason they were drawn together. Not saying he can’t reform, just doubting he will.

        We can always pray for his redemption. … Just did.

    • Well, BS has broken his silence. He is dying again, blaming Hoge, and talking about “rending flesh” and corpse desecration. No, I’m not kidding.

      • I would have to ponder BS’s question. I think that when BS becomes a “Hogeist”, he will finally be happy. That’s really what his goal is I’m sure. So no Bill, dying won’t do it, seeing the light will.

      • Cabin Boy is hilarious — in a sick-and-twisted way, of course. And, thank goodness for his medication adjustment, or he’d really be beside himself after today’s news.

        Cabin Boy should be honest with himself, and realize he has absolutely zero capacity to make others angry. Disgusted? Sure. But, angry? Nope. However, he is very much point-and-laugh worthy. He serves no other purpose. Heck, even his excellent friend — the sawed-off, domestic terrorist Brett Kimberlin — laughs at him from what I’ve heard from eyewitnesses.

        Yep. Still pointing and laughing.

      • Again, Bill Schmalfeldt gives himself way too much credit. While, the death of Bill Schmalfeldt would end the problem of Bill Schmalfeldt, it would not end the Bill Schmalfeldt problem. That problem is that the anonymity and physical remoteness of the internet create a breeding group for marginal persons to act out their anti-social impulses with relative impunity. While reading the death notice for William Schmalfeldt would bring a certain level of satisfaction it would not solve that problem.

        The solution to the Bill Schmalfeldt problem is for the laws to change sufficiently to punish his ilk for their anti-social acts. One of Bill Schmalfeldt’s victims is doing precisely that in Arizona. What Bill Schmalfeldt simply can’t grasp is while Bill Schmalfeldt thought of that family in Arizona as enemies that needed to be destroyed, that family merely considered Bill Schmalfeldt an example of what is wrong with the laws in Arizona. When the laws of Arizona, and every other state change, then it will be time to celebrate.

    • the audio is fun to listen to, too. Apparently his community has been warned and they are taking appropriate precautionary steps and he is mad! I think he was hoping to meet the next future Mrs. Kimberlin and this is putting the kybosh on that.

  18. To respond to the current Feldtdown/pity party going on I’d like to quote Bill Schmalfeldt only 2 short days ago:

    “And quit being such a god damned pussy.”

  19. I hope this swiftly ends, and the law catches on to this shutuppery. What Hoge et al are going through is just criminal. But in putting up a solid defense, they are helping to protect all online speech. Good going!

  20. A question, if you don’t mind. What, specifically, does it mean when the judge sanctions Kimberlin? Is that a monetary penalty, or a stern warning not to do the same thing again? I know what the term sanction means, literally, just not how it’s applied in a courtroom, or in this case.

    Thanks.

    • It depends. Often, it means an award of attorney’s fees. I do not know what it means in this case.

    • If he doesn’t comply with discovery, he won’t be able to introduce evidence related to our requests at trial. Effectively, that will mean he has no case to present.

      The real world effect of the order is to tell him to put up or shut up.

      Note that we will also be able to seek further sanctions if he doesn’t comply. I’d rather not discuss what we are contemplating.

      • What helped here is the fact that telling the truth is especially often a catch-22 for notorious unrepentant criminal Brett Kimberlin.

        For those imperfect people watching this from afar, the lesson is to take your lumps early and often – admit your fault & take it upon yourself to fix it. Brett picks and chooses which of his crimes he even admits to according to the image he wants. Make sure to do the opposite.

  21. So what about KU? I see things were dropped against everyone but she/him/it. Is there a reason for that?

    • The claims related to non-existent torts were thrown out for all defendants. The other stuff was thrown out based on out motions for summary judgment. KU was not a part of those motions.

    • KU wasn’t there to move for it, but unless i am missing something the judge was granting these as judgments on the merits, so collateral estoppel applies.

      CE is much more effective as a shield than a sword. For instance, Brett cannot use Seth’s losses against me, because I wasn’t a party to his case (being his out-of-court lawyer doesn’t count, or in-court lawyer for that matter), But if Seth had won we could have used that. Brett lost his criminal case, so he can’t deny he is a terrorist.

      CE can be a sword, but the problem is that it can only used against the guy who lost to him. So if Brett sued Seth Allen for some crap tomorrow, Allen would be collaterally estopped from denying he defamed brett, to name an example. But even on that, *I* can deny that Allen defamed him because the decision was not against me.

      So should KU have to appear, I believe at this point KU can say that these counts have to be dismissed due to collateral estoppel.

  22. Pingback: The Court dismisses a lot of Brett Kimberlin’s case… | Batshit Crazy News

  23. Pingback: ‘This Is How Bullies and Abusers Function. … They Will Stop at Nothing to Silence Their Victims’ : The Other McCain

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