The Kimberlins have filed Defendants’ Strong Opposition to Continuance of Trial Date in the Walker v. Kimberlin, et al. lawsuit. I have a strong wish to fisk their filing.
In paragraph 1 The Dread Pro-Se Kimberlin seems shocked …
shocked that there is gambling … wrong commentary … shocked that the plaintiff would file a motion that would be to the plaintiff’s advantage. This may be the least illogical paragraph in the whole thing.
Paragraph 2 reminds the court that the Kimberlins earlier sought to move the trial date up in an attempt to short-circuit the discovery process. Given that the reason for Aaron Walker’s seeking a continuance is to deal with issues caused by the Kimberlins’ diddling with discovery, it may not have been the wise to remind Judge Mason of their previous frivolous motion.
Paragraph 3 is a lie. I know that its a lie because I mailed TDPK a copy of Citizen K (Kimberlin’s authorized biography—he said that he didn’t have a copy during the discovery for Kimberlin v. Walker, et al. in 2014.) as a part of Aaron’s service of interrogatories on TDPK. I mailed it simultaneously with Aaron’s mailing of the rest of the discovery requests, and I mailed it in June, before the drop dead date for service of such requests.
In paragraph 4 the Kimberlins tell the judge that subpoenas won’t be complied with. Let’s just say that it would be foolish for TDPK to believe that some of them haven’t already produced results.
In paragraph 5 TDPK asserts that it is “fantasy” for Aaron to have suggested that the court will grant either his request for default or his motions for summary judgment on the 30th. Perhaps. It’s also not true that Aaron has said the court will. He has asked the court for a continuance if it does not grant either default or summary judgment.
Each of the items mentioned in paragraph 6 that the Kimberlins don’t want to hand over is connected to allegations they made in their false Applications for Statement of Charges or is something that reasonably could lead to the discovery of admissible evidence for a trial. That makes every bit of it fair game for discovery.
Paragraph 7 informs the court that the plaintiff filed the lawsuit. I’ll bet the judge knew that plaintiff’s initiate lawsuits even before he was a first-year law student. However, Aaron has not had adequate time to prepare his case because the Kimberlins have continued to diddle with discovery. The reason for a three-month continuance (in the unlikely event that the case isn’t over on the 30th) would be to give the Kimberlins some time to properly respond to the still pending discovery requests and to give Aaron some time to finish preparing the case based on the evidence developed in discovery.
Paragraph 8—I have no sympathy for the Kimberlins having a lawsuit hanging over their heads since February, 2015. I’ve had one or more lawsuits filed by TDPK hanging over mine since August, 2013. Even the first suit, Kimberlin v. Walker, et al., which we won in August, 2014, was still twitching early this summer. I was dismissed from the Kimberlin v. National Bloggers Club, et al. (I) suit in federal court in March, 2015, but I still have a motions for sanctions pending against me in the Kimberlin v. Frey remnant of the case. TDPK filed that motion in January, 2016, because he was unhappy with information I voluntarily provided rather than ignoring an improperly served subpoena. I was dismissed from the Kimberlin v. Hunton & Williams LLP, et al. lawsuit in federal court last March, but TDPK has appealed that case to the Fourth Circuit Court of Appeals. Although he has said in a footnote that I’m not a part of the appeal, he hasn’t dismissed me from it. I was dismissed from the Kimberlin v. National Bloggers Club, et. al. (II) lawsuit in state court as well, and TDPK has filed an appeal in that case. Come to think of it, the bogus peace order petition counts as a civil suit as well.
The real fantasy in filing is in paragraph 9. If TDPK really thinks there’s a reasonable chance that his motion for sanctions will be successful on the 30th, he may [redacted].
Everything is proceeding as I have foreseen.