Team Kimberlin Post of the Day

Brett Kimberlin became less and less successful as his campaign of lawfare went forward. The Kimberlin v. Walker,, et al. LOLsuit, the first of four to include me among the defendants, was the only one that actually made it to trial, and most of it was killed off at summary judgment. The TKPOTD for eight years ago today dealt with Kimberlin’s inept handling of the discovery phase of that case.

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I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.BK v AW 2013 Op2MSJ-1TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.

Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.

Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.

res_judicata_mugsThe hearing on our motions is scheduled for 7 August. If things go well, that will be the end of the case. Otherwise, we will go to trial on 11 August.

BTW, all sorts of nifty Res Judicata stuff is for sale over at The Hogewash Store.

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Maryland courts seem to be prejudiced against granting summary judgments. The fact that five of seven claims were nuked should have been a warning to Kimberlin about how weak his case was. When he rested his case at the trial, Judge Johnson stopped the trial and granted a verdict in favor of the defendants because Kimberlin had failed to show any evidence (“not a scintilla”) to support his claims.

Almost a year before the trial, I warned Kimberlin that if he didn’t drop the suit before my lawyer had to make an appearance in the case, that he was in for the fight of his life. I adopted the saying Murum Aries Attigit as a motto.

I’m not done with him yet.

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