Team Kimberlin Post of the Day

On Monday, Aaron Walker filed a motion for summary judgment against Tetyana Kimberlin in the Walker v. Kimberlin, et al. lawsuit. The text of the entire motion is posted at Scribd and can be read via the link below.

Here’s the TLDR—

Neither Brett nor Tetyana Kimberlin responded to the discovery requests served on them by Aaron Walker. Additionally, Tetyana Kimberlin did not serve any discovery requests on Aaron, either on her own or jointly with The Dread Pro-Se Kimberlin. Therefore, she cannot offer any further evidence beyond what she has already put on the record, and Aaron maintains that because there are no disputed facts to be tried that relate to his claims against her and that those facts support his claims, he is entitled to summary judgment in his favor as a matter of law.

Everything is proceeding as I have foreseen.

24 thoughts on “Team Kimberlin Post of the Day

  1. More seriously, three things to note in relation to the motion:

    1. There is also a motion for leave to exceed page limitations, so there you go.

    2. Exhibit A is actually *just* the charges against me: John’s is not included, there.


    That is all.

  2. A very well done, if repetitive (although that’s the price of doing business when it comes to legal work) motion.

    I do have some complaints, or maybe questions because I’m not a litigator. For example, there’s currently no evidence that K. suffered emotional distress because of Aaron’s behavior. Couldn’t that be evidence introduced through testimony at trial? Or does the evidence have to appear in a deposition during discovery before it can be testified to?

    Anyway, well done, and hopefully the Kimberlins finally realize that using the legal system as a weapon is not profitable.

      • The problem I have is that the purpose of discovery is to get information from the opposing party. If all of the information is in the hands of the Defendants, why do the Defendants need to engage in discovery?

        That’s not to say that there isn’t an obligation to disclose witnesses, or to allow the Plaintiff to depose those witnesses. But that’s not the Defendant’s discovery, the identity of witnesses is handled in pre-disclosure and it’s the Plaintiff’s job to depose the witnesses.

        I might be missing something important. Like I said, I’m not a litigator. But I don’t think the failure of the Defendants to request discovery from the Plaintiff is sufficient for summary judgment.

        • In the 2nd introductory ¶, prior to the numbered items in the msj included in the op, Aaron asserts the defendant didn’t participate in discovery. IIUC, the defendant not only didn’t serve any discovery demands on the plaintiff, she ignored his demands, other than the ridiculous motion to be totally excused from providing any discovery. She can’t present any evidence at trial that she refused to provide in discovery.

          As Aaron is a Yale-trained lawyer with over a decade of experience, I think it’s safe to bet he propounded discovery demands on her wrt to every issue. This would include all related records, and reports from experts. Remember, too, that in the silly motion to be excused from discovery, they listed some of these items.

          Seems to me that Aaron has put himself in a pretty good position. No surprise, though, as, again, it’s a Yale trained lawyer with over a decade of experience v. a high-school educated and prison trained ‘feels like a lawyer’ and his uneducated immigrant bride who likely hasn’t even been paying attention to these proceedings.

          • she ignored his demands

            It doesn’t say that. It says he held off his motion so the defendants could seek discovery. If she refused to participate in discovery then Aaron should be filing a motion to compel, not for summary judgment.

            No offense intended, but I asked a question about legal procedure. If you don’t know the answer, that’s fine.

  3. Why do I get the feeling that the tiny diddler hasn’t been very forthcoming with his child bride about the case and how it’s going?

      • You mean around the time when she gets to court to fight the msj and is told the puny pedo can’t represent her, so they get a continuance to get her a lawyer, and the lawyer explains it to her?

        Or after she defaults, then she notices a chunk is missing from her paycheck because of a garnishment to pay the judgment and court costs?


        • The court should be notified that she may not be aware of legal filings made on her behalf. By a non-lawyer, to boot.

          • Wouldn’t Schmallballs argue that would be practicing law without a license?

  4. I’m sure an opposition will be filed. Whether it’s actually by the defendant or someone else who isn’t legally allowed to is another story… But suffice to say it will be full of sound and fury, signifying nothing.

    • The frustrating thing is that there actually could be well-thought-out, substantive responses to some of Team Free Speech’s filings in the various cases. But Team Kimberlin seems incapable of rational thought.

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