Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has filed a motion seeking to have Patrick Frey’s protective order lifted in the Kimberlin v. Frey RICO Remnant LOLsuit. This would allow him to use Breitbart Unmasked Bunny Boy Unread and the Cabin Boy’s™ blog du jour to post Frey’s confidential material. He cites Rushford v. New Yorker Magazine, 846 F.2d 249, 253 (4th Cir. 1988) as case law supporting his contention that the press’s First Amendment right of access should overcome Frey’s protective order. The Gentle Reader should not be surprised to learn that Rushford says no such thing.

That case doesn’t deal with discovery materials as they currently are in the RICO Remnant LOLsuit. In Rushford the Washington Post was seeking access to a motion for summary judgment and its attached exhibits after the district court had granted the motion and ended the case. The Fourth Circuit ruled that prior to any motion for summary judgment, any protective order should be enforced. However, the Circuit Court noted that since the exhibits to the motion for summary judgment had been filed by the party seeking to protect them, they were no longer the fruits of raw discovery but could be treated as if they were evidence submitted at trial. There has been no such motion in the RICO Remnant LOLsuit, and Patterico has not submitted any of his own discovery materials as exhibits. Cleary, Rushford is not applicable to the case as it now stands.

7 thoughts on “Team Kimberlin Post of the Day

  1. IANAL, but The Diddler doesn’t have standing to argue the First Amendment rights of the press. Step right up, Bunny Boy. You can nutshuffle up too, Blob. Your master calls. You’ve got some filing to do.

    • You think the Scooter of Doom (It’s red Vroom, Vroom) has the range to make it to MD to present his request to the court? Good thing Bill announced to the world he’d have NO trouble travelling back and forth to MD for court hearings.

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