It’s Thursday Afternoon

During the 1 July hearing on motions in the Kimberlin v. Walker, et al. nuisance lawsuit, Judge McGann ordered The Dread Pro-Se Kimberlin to deliver all of the discovery items originally due to Aaron Walker, Stacy McCain, and me to our lawyer not later than noon today. The sanctions imposed at the hearing included TDPK being barred from introducing any evidence related to unproduced discovery during the coming trial.

I’ll be in touch with our lawyer later this afternoon to find out to what extent TDPK complied with the judge’s order. If the legal situation permits, I’ll post further information probably beginning late this evening.

Stay tuned.

27 thoughts on “It’s Thursday Afternoon

  1. In case you didn’t know “Mr.” Hoge, there was a major category E1eventy! hurricane in the area last week. I’m sure the major power outages and flooded roads kept the honorable Mr. Kimberlin from being able to get the proper documents together. I suggest an extension of at least 6 months, well into winter.

  2. I am going to guess he sends something minimally compliant. So, for example, in requests for emails between himself and others, he will say he doesn’t have any. And if those emails are not necessary for his case, it doesn’t cost him anything not to be able to introduce that evidence in trial. Unless there is some other proof that he had those emails. Because presenting lies and forgeries to the court is not a problem for him.

    If he sends more objections, well, he’s crazier than I think.

      • I think the discovery questions were better crafted in this case. I mean, he certainly could just not produce anything. But I think it is clear that would NOT be cost free this time.

      • Since all the answers to the Virginia discovery were, apparently, “I have filed a protective order concerning this question.,” it hardly matters how well crafted the questions were.

      • I don’t think that in Virginia he tried for a protective order – IIRC he pled the Fifth in some cases and in others simply refused to answer. The case was dismissed before anything came of that. But it has been a while and I am not as well versed in that case.

        In Maryland, he filed for a protective order that the Judge denied. So he can’t rely on that.

        He can try for other objections but it seems that the ones he raised before were overruled.

        I do not believe that he is ignorant of the law, nor stupid. I think he acts deliberately. He will act in ways that cost him the least and his targets the most.

      • My recollection is that Brett Kimberlin blew off the discovery deadline. The judge gave him a second deadline with a hint from the bench that he had better comply. At the last minute he filed for a protective order and hand-delivered his replies to Dan Backer, which read, essentially, as I stated.

  3. I’m with Earll on this one. Unless the defendants already have contradictory evidence in hand to prove what he submits is not truthful, what is to stop the little diddler from either not producing documents saying they don’t exist, changing documents, forging documents, or just engaging in his general asshattery as usual?

    • In the immediate, it hurts him not. What I think TDPK is gambling (foolishly) on is that these defendants will be relived when this case is dismissed. I think the mistake is that failure to comply with these well written interrogatories will show that he never had evidence to support his claims; which in turn exposes the truth of his intention to abuse process. With a little (okay in MD a lot) of luck this would weigh heavily on having him adjudicated as a vexatious litigant. Nifty gambit if it works.

      The truly amusing result would be if he surrenders substantial material. It would squelch the above scenario, but my heavens at what he’d have to reveal.

    • Do you think there is a chance in hell he’ll actually answer? He’d have to admit that yes, people copyright books and movies all the time that contain NASA photos yet they are not claiming copyright of the photos themselves. His head may explode if he has to admit he was wrong.

      • This may be one of his dumbest ideas yet. He is trying to assert that there are NO BOOKS, with US copyrights, that have NASA photos in them that don’t have “special arrangements” with NASA.

        Go look at the hundreds (thousands) of books on Amazon that have NASA photos in them. Now read Bill’s tweets again.

        He’s completely lost touch with reality.

        BTW, he also needs to admit he lied about contacting NASA when he was tattling on John for posting NASA photos and videos a few months back. Bad boy Bill!

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