Earlier today, I posted Aaron Walker’s motions for summary judgment against Brett and Tetyana Kimberlin in the Walker v. Kimberlin, et al. lawsuit. Here is their response to those motions. They clearly failed to read Rule 2-501 before filing this.
It deserves some comments. I’ll go paragraph by paragraph beginning with paragraph 2. The Kimberlins seem to think that a hearing on a motion for summary judgment is one in which new evidence can be presented. It isn’t. Only the existing evidence can be considered. They can try to argue that the Commissioners had probable cause to issue charges against Aaron Walker, but the only evidence in the record is what Aaron has put there, and that doesn’t support their argument. The Kimberlins seem to have forgotten that when they were asked in discovery what evidence they had to support their defense, they answered, “None.”
Paragraph 3. Even if they could call a witness at a hearing on a motion for summary judgment (and they can’t), ex-Judge Creighton isn’t on their list of witnesses. When asked during discovery who they had for witnesses, they answered, “None.”
Paragraph 4. They’re wrong, but I’m not going to educate them as to why.
Paragraph 5. They’re wrong. It is within the power of the Circuit Court as a court of equity to enjoin stalking.
Paragraph 6. They’re wrong. It’s clear that they don’t understand Rules 2-501 and 2-601.
Paragraph 7. The Kimberlins don’t seem to understand that there isn’t any dispute of the facts that are in evidence before the court and that a hearing on a motion for summary judgment doesn’t allow for the introduction of new evidence.
Further, neither one of them can testify. Brett’s disability as a convicted perjurer doesn’t go away until 1 October. Tetyana pleaded the Fifth on any discovery question Aaron Walker might ask, so she should not be able to testify on any matter related to the case.
Once again, The Dread Pro-Se Kimberlin tried to game discovery, and once again, he blew it.