Walker v. Kimberlin, et al. Will Go To Trial

Judge Mason found that while Aaron Walker was entitled to have his motions for summary judgment granted, the issues related to punitive damages will require a trial. Aaron was granted partial summary judgment and will not have to prove that the Kimberlins filed the criminal complaints and that the State dropped the charges.

Next week will be consumed with a fast-track discovery process, and the trial will begin on the 11 October. Aaron Walker will be deposed for two hours next Wednesday, and so will Tetyana Kimberlin. The Kimberlins will have to provide answers to limited numbers of interrogatories and requests for admissions. Aaron will have to respond to the Kimberlins’ interrogatories.

Believe it or not, everything is more or less proceeding as I have foreseen.

50 thoughts on “Walker v. Kimberlin, et al. Will Go To Trial

  1. Popcorn Eleventy!!!11!1!

    I can’t wait to hear how the PedoBomber disposes “The World’s Worst Lawyer”.
    I hope Aaron has witnesses at both depositions, course you know the Pedo will lie and claim Aaron attacked him or Tetyana.

  2. She’s not entitled to have Brett in the room, is she? He’s not representing her, and is a party with interests of his own.

      • He’s not going to be very nice to her if she says the wrong thing. But he’s not allowed to interject and offer advice or object to questions, is he?

          • very few rules in a deposition, but you sont want the transcript to be an exhibit in a motion for sanctions

        • Brett cannot address or consult with his wife while Aaron is examining her during the deposition. He cannot raise objections or direct his wife not to answer a question. If he does any of these things, Aaron can call chambers and get (subject to availability) the judge on the line, explain what Brett is doing and have the judge read Kimberlin the riot act. What Aaron would do then, if Brett persists, is file a motion to hold Kimberlin in contempt and for sanctions. If there are several instances of Brett violating the judge’s instructions, each would likely be sanctionable. I got a client $100 apiece for 13 individual contempts under much the same circumstances many years ago. Oh, and if the assigned judge isn’t able to get on the line, there is generally an “available judge” who can. Depositions are an extension of the court proceeding, even though they occur pretrial, and judges will require the parties to comport themselves accordingly.

    • “Also what about injunctive relief?”

      You had better not let King Fear Peeonidas read this, he will think it is an invitation to relieve himself on your children.

  3. I think it would be wise to set an expectation that some of these questions may go unanswered in service to a defined strategy.

    Sort of like “So what do you expect to happen if the judge finds that Schmalfeldt isn’t in default?” The answer to that question before the fact would have revealed information best kept concealed until the ruling was made.

    The same probably applies here. Delayed gratification. Let that barrel age until the wine is just right.

  4. “…Believe it or not, everything is more or less proceeding as I have foreseen.”

    Anyone who has been following along not only has no doubt, we rely on it. 😀

  5. Obviously, Case First, Blog Second; but I do hope Aaron can give us some narrative of the proceedings from the hearing.

  6. I was going to say “BOOM” but considering who is involved, that might be in poor taste.

    I will say, though, Qapla’! And well done, Aaron.

  7. Actually, I find the result a bit odd. Prove damages? This is defamation per se. I think I will have to read the rulings before I feel completely comfortable.

    However, this is obviously good news for Aaron and John, and I congratulate them both and applaud Aaron for a job well done.

    • No, Brett and Tetyana have been found guilty, there was no need to prove “actual damages” at that stage.

      The next step appears to be haggling over the dollar amount. If I were Aaron, I’d point out Brett still owes Aaron’s paralegal’s lawyer from a previous judgement. Oh, and the DeLongs, of course. Can’t forget them. Didn’t a court send him back to the big house for that? Isn’t he still on parole?

      Anyway, this should be familiar territory from Bill’s LOLsuits, you know, if any of them had survived a MTD.

      • Brett and his wife would not be determined “guilty” in any event: this isn’t a criminal trial. They both or one or the other would, if Aaron prevails, be found to have wronged Aaron civily. This would not be a conviction, but rather a “determination” or a “finding.”

        I don’t think that this has happened in any event. It simply sounds like the judge has made findings about several disputed matters of fact and that those findings are favorable to Aaron. He still has more work to do to demonstrate to the court’s satisfaction that one or both of the Kimberlins has wronged Aaron in a legally addressable way.

    • Is there a defamation per se claim in the complaint? I can’t recall. The partial summary judgment is definitely not a finding of guilt, though. It will still have to be established that filing the nolle prosse’d charges amounted to malicious prosecution. Not the highest of hurdles, I think, but not yet cleared.

      • In a suit of this type, “guilt” is probably the wrong word to use, causation fits a tort better. Sounds like Judge Mason found that Kimberlin absolutely caused the actions that are the basis of the suit, now the trial will be to simply determine if there was legally redressable financial damages associated with those actions, and if so, the dollar amount of those damages.

        As someone else has stated, Aaron has already won on principle, that part of the case is over. All that remains to determine is the price tag.

    • I’m a little confused by the recounting of the partial summary judgement. This is not going to be a trial purely for damages? Or is it? Is there a tort that remains to be proven?

  8. Please, please, please , can someone ask Tetyana if she knows anything about “moose and squirrel” just to see if you get a reaction.

    I know it’s childish, but it’s these trivial things that bring so much joy. 🙂

  9. Oh, this trial is going to be interesting. The Dread Pedo will not be able to pull most of his trial stunts (a mixed blessing as I believe that juries don’t appreciate psychopaths’ altered realities).

    So we get to see what a jury thinks will be an adequate punitive damage award to prevent the Kimberlins from further tortious and criminal acts. Given his response to other judgements in the past …. a jury could conclude that its a very high number.

    A very high number indeed.

  10. Maybe I’m alone in this, maybe not, but I have a fantasy scenario running through my head….

    Judge: Defendant is ordered to pay XXXX dollars in damages to the plaintiff.
    BK (smarmily): Yeah, good luck collecting….
    Judge: What was that? That sounded a lot like contempt. Bailiff, take the defendant into custody….

    A man can dream, can’t he?

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