Moving right along with our month-by-month review of the top stories relating to Team Kimberlin, here are the biggies from July and August. I really enjoyed July and August.
Most of Kimberlin v. Walker, et al. Thrown Out on Summary Judgment
Originally Posted on 1 July, 2014
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.
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.
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Yes, July started on a high note, and things got even better, peaking in mid August …
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Kimberlin Loses Kimberlin v. Walker, et al. at Trial
Originally Posted on 12 August, 2014
We win, and Brett Kimberlin loses!
UPDATE—We did not put on a defense. Judge Johnson ruled that The Dread Pro-Se Kimberlin did not present evidence of the torts he was alleging, and he ruled in our favor as a matter of law after TDPK rested his case.
UPDATE 2—I’d like to offer my thanks to all of you folks who have offered your prayers and encouragement. I’d like to thank Patrick Ostronic, who provided Aaron, Stacy, and me with a pro bono defense. Thanks are also due to Ken White for putting up the Popehat signal on our behalf and to Glenn Reynolds for the Instalanche of Ken’s post that alerted Patrick to our plight.
UPDATE 3—Instalanche! Thanks again, Prof. Reynolds, and welcome, Instapundit readers. BTW, the Blogfather is correct in his estimation that one of Brett Kimberlin’s biggest mistakes was trying to outcrazy Stacy McCain.
UPDATE 4—Mrs. Hoge and I have just returned home from a celebratory dinner with Mr. and Mrs. Walker. Aaron will be home later tonight. I suspect that he will have a blog post reviewing the Kimberlin v. Walker, et al. nuisance lawsuit up later tonight or tomorrow.
UPDATE 5—Night Shift Politics points out that stupid is as stupid does.
UPDATE 6—Popehat comments here.
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After all that, Brett haz sad, as we will see when we take a look at September and October.