Team Kimberlin Post of the Day

Throughout the past decade, Brett Kimberlin has leaked to “journalists” at outlets such as breitbartunmasked dot com various sealed documents obtained during the discovery phase of lawsuits. He has also tried to us discovery material subject to a protective order in one case as evidence in another. The Frey case was the remnant of the early RICO Madness LOLsuit. Although my motion to dismiss had be granted and I was no longer a party, a weird twist in the Frey discovery cause me to be bound by that case’s protective order along with remaining parties. The RICO Remnant LOLsuit News post from six years ago today dealt with my effort to keep sealed discovery from the Kimberlin v. Frey case out of Hoge v. Kimberlin, et al.

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Late this morning, Judge Hazel ruled on three outstanding motions in the Kimberlin v. Frey RICO Remanant LOLsuit.

There are a couple things worth noting in the judge’s rulings on my motions. First, my motion for a modification or exception to the Protective order was denied as unnecessary. The judge instructed me simply to tell the other court how Kimberlin had violated the Order. Second, he granted my motion to seal the emails that Kimberlin filed in Hoge v. Kimberlin, et al.—something that he should not have done unless they were, in fact, confidential discovery from the Frey case.

Judge Hazel also denied Kimberlin’s request for leave to file an interlocutory appeal.

Everything is proceeding as I have foreseen.

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Judge Hecker, the judge in the Hoge v. Kimberlin, et al. case took the position that it wasn’t his job to enforce the federal court’s order. He told Kimberlin that he wouldn’t stop him from offering the Frey discovery in the state case, but he suggested to Kimberlin that Judge Hazel was fully capable of enforce his order if it were violated.

Kimberlin decided not use any of the Frey discover during the state trial.

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