The Dread Pro-Se Kimberlin is in a desperate search for some shred of evidence to keep his Kimberlin v. Frey RICO Remnant LOLsuit alive. I was somewhat surprised that it was allowed to proceed into discovery, but now that it’s there, I’m not surprised that TDPK is failing to find anything substantial to support his case. He’s already tried to subpoena information from the FBI, Aaron Walker, and me without any useful result, and he isn’t doing much better with the overly broad subpoena he sent to Patrick Frey either. He now wants Judge Hazel to look at a group of privileged emails and say that TDPK can have copies even though he’s not entitled to them.
Note: TDPK included a 19-page list of emails he wants. I have redacted the list because it appears to contain some personal email addresses.
TPDK is also asking for more time to try to find something to support his case.
I’ll offer a few observations on this second motion. First, paragraph 7 is not true, but I don’t wish to make any further comment on the matter just yet. Second, there may be an interesting story that will develop out of paragraph 14. Third, the bit about running out the discovery clock is something TDPK knows something about trying to do—and he still hasn’t paid the sanctions he owes.
Stay tuned.
Somewhat surprised? I’m actually shocked “color of law” or however it’s described went to discovery. The judge was a US Attorney prior if I’m not mistaken. With Volokh reporting again about Kimberlin (and Volokh being the most read legal blog in DC circles) I’m thinking this and other cases will swiftly come to a close.
I bet judges rather than being overturned are more fearful about looking like fools in the Washington Post.
Assistant US Attorney for the DC District from 2005-2008 and for the District of Maryland from 2008-2010. From 2010 to his confirmation in 2014 he was Chief Deputy State’s Attorney for Baltimore.
Hilarious that he misrepresented the claimed privilege.
He knows what he is doing. He knows there is a joint defense and common interest privilege. He just wants to make more work for Frey and his attorneys because that’s lawfare.
Aaron (and Hoge) will have fun writing their next motions I’m sure and hopefully Frey’s attorneys just respond with a … “what they said” reply. He should really take his ball and go home mentioning Walker because I bet Aaron has motions already written in advance.
I don’t think this is correct. Kimberlin has seen an avenue to deny privilege, and has completely internalized it. It is not a rational position. His position cannot survive a superficial inspection. Anyone capable of a minimal level of objectivity would realize that it is a losing strategy. But, Brett Kimberlin is not rational. Brett Kimberlin is kah-kah-kah-krazy.
Anyone else notice Kimberlin is now changing his Certificate of Service date by marking through the typed date and writing in the next day? Did he finally “get it” after 25 posts from Mr Hoge, or is this just an attempt at Acme Law humor?
He still did not follow the proper procedure, close but no cigar.
John, if you are one of those subpoenaed for a sworn deposition, I would suggest that you inform the Court that Brett Kimberlin through his flunkies such as Bill Schmalfeldt at bbu has portrayed you as a “senile old bastard.” By his account you are not a credible witness. What purpose could he have in calling you to the stand?
“Defendant Frey did nto serve a document request on Plaintiff until December 30, 2015 and therefore Palintiff just this week began complying with that request”.
So… what you’re saying is that, even though you had a month you haven’t done anything. Even though you launched the litigation and should have had that stuff ready to go before you even filed the lawsuit.
I’m no lawyer, but I’d be unimpressed with that.
The time to respond to a request to produce documents, etc. is 30 days, Rule 34, Federal Rules of Civil Procedure.
But, but, but, the dog ate the document request Judge! And those mean people wouldn’t give me another one! But then I found it on my desk more than a month later, so it’s now all good and I’ll get *right* on it! I just need more time!
Whatta maroon!
So there’s 30 days for law abiding people. I’m assuming that if you don’t care it’s 30 days, plus allowance for postage, plus time to write a motion to the court, postage, waiting for the judge to read it, responses, (and it’s Brett so) counter responses, motions to strike counter responses, and then there’s a fine which isn’t paid.
http://kimberlinunmask.com/files/acme-subpoenas.jpg
Reblogged this on A Conservative Christian Man.
Like the croc said to Captain Hook: Tick tock, tick tock.