I believe that this was one of the more important exchanges during yesterday’s hearing on Aaron Walker’s motions to dismiss and for summary judgment in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.
THE COURT: Let me stop you for a second. Just so you understand, when I said to Mr. Walker I gonna let you argue, if you’re arguing anything that is not contained in your pleading, I will not consider it. I don’t want the record to reflect that I’m agreeing to consider anything that you haven’t filed. The limits of what I will consider on these motions are the exhibits that are properly filed and arguments that are properly filed.
MR. KIMBERLIN: I understand. I’m just amplifying on what I said.
THE COURT: Well, but to extent that you argue outside the record, I’m not gonna — I will not consider it when I rule on the motion. I’m not gonna take time now to sit and decide whether there is or isn’t something covered in the record.
Judge Mason said that he wanted to rule on the motions by Friday or possibly Monday.