I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.
Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.
—Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.
BTW, all sorts of nifty Res Judicata stuff is for sale over at The Hogewash Store.