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.
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.
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.