About wjjhoge

An expert on nothing with opinions on everything.

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.

Pro Se Tip

Now that Judge Hecker has ruled on all of the open motions in the Hoge v. Kimberlin, et al. lawsuit, I’ll begin commenting on some of those motions.

If an order of default had been entered against the Cabin Boy™ on Tuesday, he would have had 30 days to file a motion to vacate. Then I would have had 15 days to oppose his motion. Then the judge would have ordered a hearing with at least 30 days notice. At the end of the delay of possibly 75 days or more, the judge likely would have found that it was equitable to waive default for an incompetent pro se defendant such as The Dreadful Pro-Se Schmalfeldt. At that point, he would have been given 15 days to file an answer.

By simply denying the Cabin Boy’s™ motions to dismiss and ordering him to file his answer within 15 days, Judge Hecker managed to keep the case moving along briskly. I doubt that this case will drag on the way most of the cases file by The Dread Pro-Se Kimberlin have. I suspect it will be on the rocket docket.

Now that the Cabin Boy™ has answered, discovery can begin as soon as the stay on discovery expires on 17 October. Being able to proceed to discovery from Cabin Boy™ is actually more advantageous for me than having to slog through a default. It’s also the outcome I expected based on my research on how Maryland courts have typically handled similar cases.

Everything is proceeding as I have foreseen.


2016 SEP 30 00:54:24 UTC Home Page
2016 SEP 30 00:54:44 UTC Home Page
2016 SEP 30 03:20:20 UTC Home Page

UPDATE—2016 SEP 30 03:43:36 UTC Home Page
2016 SEP 30 03:43:50 UTC Home Page
2016 SEP 30 03:46:23 UTC Home Page
2016 SEP 30 04:14:24 UTC Home Page
2016 SEP 30 04:15:24 UTC Home Page
2016 SEP 30 04:41:16 UTC Home Page
2016 SEP 30 04:45:01 UTC Home Page

UPDATE 2—2016 SEP 30 11:26:13 UTC Home Page
2016 SEP 30 11:26:24 UTC Home Page
2016 SEP 30 11:28:13 UTC Home Page
2016 SEP 30 11:28:30 UTC Home Page