Team Kimberlin Post of the Day

Yesterday morning, I filed what is known as a Rule 2-504.2 statement with the court in the Hoge v. Kimberlin, et al. lawsuit. All the parties to the case were supposed to have filed one by close of business yesterday so that the magistrate who is presiding over the pretrial conference next Friday can prepare for that meeting.

Rule 2-504.2 lists topics that should be covered in the statement depending on which party is providing the information. In my statement I listed the facts I intend to use to prove my case, suggested simplifications and limitations of issues, detailed the damages I’m claiming and the relief I’m seeking, listed of documents I plan to offer as evidence, and identified my prospective witnesses.

The pretrial conference is scheduled for 10:30 Friday morning. The scheduling orders says:

All interested parties to a case … shall personally be in attendance at the pretrial conference. Failure to do so will result in the continuance of the pretrial conference and sanctions, including attorney’s fees.

Everything is proceeding as I have foreseen.

T-minus 6 days and counting.




ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!


ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.


Team Kimberlin Post of the Day

During the show cause hearing on 5 May, Judge Hecker told the Cabin Boy™ to get access to a copy of the Maryland Rules and to obey them. Rule 1-321 deals with service of court papers other than original pleadings.

Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address.

Rule 1-321(a). In the past I have waived physical service in some cases and accepted service via email. However, I am no longer waiving physical service, so the Cabin Boy™ is required to deliver physical copies of all of his filing to me. Day before yesterday, I received an email from the Cabin Boy™ with an incomplete version of what appeared to be a motion attached. The text of his email read

I am not killing any more trees for you.
Here. It’s in the mail today.

If that filing appears on the court docket and I have not received a complete physical copy of what has been filed, I suppose I will have to go to the Clerk’s Office and buy a copy. If that happens, I’m sure the Cabin Boy™ will be given an opportunity to speak with the judge about it.

T-minus 33 days and counting.

Team Kimberlin Post of the Day

It is my general policy not to comment on the specific merits of the various court papers filed in cases in which I am a party until after the court has ruled on the matters they address. However, I do sometimes try to provide a layman’s perspective of the legal issues involved. Remember, IANAL, so this is layman’s commentary.

As I understand it, the purpose of summary judgment is to allow the court to decide all or part of a case as a matter of law for those portions of the case where there are no facts to be tried.  For example, when The Dread Pro-Se Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, and me in the Kimberlin v. Walker, et al. LOLsuit, we defendants were granted summary judgment on five of the seven counts because given the facts that both sides agreed to, we were entitled to win as a matter of law. So in order for a motion for summary judgment to be successful, the moving party must first show that there are no genuinely disputed material facts that require the court to conduct a trial. Then the moving party must show that he is entitled to judgment in his favor as a matter of law. Thus, if there is even one genuinely disputed material fact, a motion for summary judgment should fail.

The Gentle Reader may wish to keep that in mind while reading this latest filing from the Kimberlins in the Hoge v. Kimberlin, et al. lawsuit.

Everything is proceeding as I have foreseen.