Doin’ the Loco Motions

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.

popcorn4bkFurther, 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.


15 thoughts on “Doin’ the Loco Motions

  1. I’m sure Brett will try and argue he’s a pro-se, he doesn’t know the rules, he’s not a lawyer and needs liberal latitude..

    Then he goes and tells the Judge the Aaron wasn’t paying attention in law school.

    Yeah, I can totally see where this going.

  2. This Judge Creighton, who was about to be kicked off the bench and jailed but resigned which stopped the investigation?

    Its like if you are in a Wisconsin Civil Case and you like want ta get a Yale Educated Lawyer without a single admonishment on their record removed from a case, well you should always submit a false affidavit from a current Federal Parole convicted of violent crimes as the chief witness against an opposing parties lawyer.

    Yeah bring a totally currently disgraced judge who found the defendants innocent and are suing the complainers as your key witness, that’s if she will show…

    • As I recall, Judge Creighton jumped to conclusions and her hasty remarks indicated she believed in the lies told by the Kimberlin’s daughter. That was before she heard the defendants’ side of the story, i.e. that the daughter’s testimony was bunk. Creighton then walked back her remarks and found for the defendants, due to lack of evidence against them. How dishonest of BK to quote the judge’s hasty, preliminary remarks without revealing that she changed her stance in favor of the defendants.

      • My recollection is that Judge Creighton formed a basic sympathy with the Kimberlin’s case, and admonished John only to have to walk back her words after she researched the law as it actually was, as opposed to what she thought it ought be.

    • This is pure speculation, but she may be the source of the legal advice for Team Kimberlin: she is on AVVO. .

  3. Oh yes, by all means, drag a judge into the other courtroom and inform her what he disnt tell her the first time around. That will end well for him.

  4. This is Maryland. Five bucks says both Kimberlins will be allowed to testify, because the rules are more like guidelines…

  5. It’s almost as if Brett only understands enough civil law and procedure to be a vexatious plaintiff, but not enough to effectively act as a pro se defendant.

    After all, under the American system a losing pro se plaintiff is only out the time he spends writing (and maybe postage). There’s a lot more downside for a losing defendant.

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