What I Saw In Court Today

The docket allowed 30 minutes for the hearing on Aaron Walker’s motion to dismiss and motion for summary judgment in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason strictly enforced that time limit, allowing either party only 15 minutes. At the outset, the judge announced that he had just returned from a trip abroad and that he had not yet read the motions and oppositions in depth. He said that he would listen to the oral argument and the review the written record before ruling. He said that he planned to rule by the beginning of next week.

Aaron Walker took 10 minutes to briefly state his case. He outlined his overall argument and then focused on the issue of res judicata and The Dread Pro-Se Kimberlin’s failure to state a claim in relation to three privacy torts.

TDPK spent his 15 minutes dealing with battery claim against Aaron (trying to get around collateral estoppel and res judicata) and rambling about SWATting and being called a pedophile (a matter dealt with in his previous state LOLsuit). He tried to bring up being photographed by third parties, admitting that he had been photographed on the steps his office in Cabin John (which contradicts his testimony in a peace order case … more perjury?) When Aaron objected to the non-germane testimony, Judge Mason said that he would not consider anything not pleaded in the written record.

Aaron used his remaining 5 minutes for a brief rebuttal and to answer a few questions from the judge.

I’ll have more later.

Stay tuned.

29 thoughts on “What I Saw In Court Today

  1. Smells like the end is near for the Pedo bomber drug dealing murdering psycho

    Guess the e-vites to the next slumber party were cancelled

  2. “At the outset, the judge announced that he had just returned from a trip abroad and that he had not yet read the motions and oppositions in depth.”

    In other words, he admitted he wasn’t prepared. Joy. 😐

    • This:

      When Aaron objected to the non-germane testimony, Judge Mason said that he would not consider anything not pleaded in the written record.

      • I was mystified as to why the Judge ruled as he did. Either, the testimony was not germane, or it was. If it was germane, the Judge ought to have denied Aaron’s objection. If it was not germane, the Judge ought to have upheld it.

        It makes sense now: the Judge simply did not how to rule.

        • No, that’s not it. i think, respectfully to our host, that john is not explaining it well.

          You seem to know enough, BSB, to know that a MTD is not an evidentiary hearing. so no testimony is germane to that.

          a MSJ might have some evidence, and therefore testimony might be germane, but he didn’t try to talk about the facts related to those issues. Further, it wasn’t literally testimony. He wasn’t sworn in. I objected, saying something like “your honor, he is testifying. None of this is in the complaint. So i have to object.”

          The judge didn’t stop him, but the judge made it absolutely clear that if he was making new allegations in relation to the MTD that is not found in the complaint, he wasn’t going to consider it. I saw nothing today suggesting Mason was confused on the law. Otoh, I don’t feel i have as much of a read on him as John.

      • What the judge did makes perfect sense to me if Kimberlin was spewing all sorts of incoherent stuff as he frequently does. The judge was not going to try to parse all that garbage on the fly. He’ll ignore it until he can compare it to the pleadings. If I were AW, that response would have satisfied me.

    • A judge does not need to prepare to see collateral estoppel, res judicata, and failure to state a claim staring him in the face.

      But hard to set the countdown clock to “by early next week.”

      • Justice in Maryland seems as elusive as that pot of gold at the other side of the rainbow. “By nearly next week” seems like a dramatic improvement.

    • I don’t criticize mason on this point. Let me give you some background. I filed 3 motions. A MTD, a partial MSJ, and an-anti-SLAPP motion. The anti-slapp motion asked for one thing: a hearing as soon as possible. Giving me today’s hearing was giving me exactly what I asked for in that motion. (Consider that: the judge applied the anti-SLAPP statute to this case!) As a result, this hearing apparently was before the judge was able to read the motions as deeply as he’d like, so he didn’t want to rule today. That is fine by me, because it does suggest they were really trying to get me that hearing as soon as possible.

      I’ll add that this might work even better because when it comes to the papers, Brett doesn’t have much to help him. He filed no new opposition this time around. And he belatedly tried to adopt his argument from before, which I pointed out *failed* last time, at least in response to Twitchy, Breitbart, etc. And I pointed out that as the law of this case, the judge’s ruling last time gutted much of Kimberlin’s case for the rest of us. And if the judge had read it in depth, he might have asked brett more questions and brett might have given a much more effective presentation.

      As it stood Brett’s presentation was pretty bad, addressing issues I have never contested, and not saying anything to rebut what I did say (though he attempted to). I’d say more, but why educate the midget?

  3. So let me get this straight.
    Aaron went first and reserved some time for a brief rebuttal.
    Even seeing this, TDPK decided to just ramble through his 15 minutes reserving 0 of it? Or is standard procedure to allow the first person a chance for a rebuttal but not the second?

    ‘Cause if it’s the former, then TDPK is just stupid, at the very least allow 2 minutes so you’re the last heard.

      • Now now. Bill is smarter than Kimberlin. After all, Bill had sense enough to dismiss his suit before it was adjudicated. No judge has ever opined that Bill’s claim to have been defamed was not supported by a “scintilla of evidence.”

        Bill has no impusle control that I can see, but he has the capacity to reflect on his stupidity and realize its magnitude.

        • And then delete everything of his that might reference his stupidity. Which is just about everything up to that point in time. Then he starts anew creating more stupidity.

          • Charles, you are right. His deletions are legion. But I think they prove my point that eventually he sees that he has acted idiotically AGAIN, which shows some modicum of intelligence. Of course it is a very limited amount of intelligence because, as Dr, Mike says, he repeats his idiocy over and over again and then deletes it over again.

            The problem with comparing the intelligence of the individual members of Team Kimberlin is that they are all dumb as rocks, a situation that makes it difficult for people of normal intelligence even to grasp the level of stupidity on display, let alone disciminate which stooge is stupidest versus which is the most impulsive.

    • typically in dealing with motions, it goes like this: movant => opposition => reply, end.

      • Well, what we do know is that butthurt from taking an iPad away from the midget diddler and hanging it over his head lasts a really long time.

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