Team Kimberlin Post of the Day

Judge Mason has narrowed the scope of discovery in the Walker v. Kimberlin, et al. lawsuit. Everything that remains to be served must be served not later than Monday, and all responses are due either by Friday. Some are due as soon as Tuesday. The two short depositions will occur on Wednesday afternoon.

I won’t be able to provide much coverage of the discovery process, but stay tuned—interesting things are afoot.

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.

Team Kimberlin Post of the Day

It’s been a rough week so far for The Dread Pro-Se Kimberlin. He left Westminster on Tuesday having lost all of his written motions and having got only what I volunteered to give him on his oral motion to stay discovery. The date I picked for discovery to begin is one that is particularly advantageous for me. Meanwhile, TDPK was ordered to resubmit all of his previous filings with corrected signature blocks not later than 12 October. If the Walker v. Kimberlin case goes to trial on schedule, that trial will begin on 11 October. The courts will be closed on the 10th for Columbus Day, so TDPK may want get his stuff filed by the 7th, the last business day before the trial might start.

Of course, the Walker lawsuit may not go to trial. There’s a motions hearing in that case scheduled for this afternoon. Among the motions to be considered are Aaron Walker’s motions for summary judgment. If those are granted and if the judge awards damages at the hearing (possible, but unlikely in Maryland), the case will be over. If the motions for summary judgment are granted without an award of damages, the judge could convert the trial to a hearing on damages, or he could set a different date for such a hearing.

There will be several members of the Vast Hogewash Research Organization at the hearing, and I expect to be able to post a report late this afternoon.

Stay tuned.

Kimberlin v. Allen News

Kimberlin v. Allen? Wasn’t that case decided over four years ago? Yes, it was, but part of it was sealed at Aaron Walker’s request, and Aaron has moved to have some things relating to him unsealed. There was a hearing this morning on that motion before Judge Marielsa Bernard.

At one point, the judge recessed the hearing to consult with Judge Mason. During the recess, Brett Kimberlin left the courtroom, and he did not return when the hearing resumed. I’ll bet that he will not be pleased with the result of the hearing.

I’ll report more when appropriate.

Team Kimberlin Post of the Day

I find it interesting that the first motion The Dread Pro-Se Kimberlin filed in the Hoge v. Kimberlin, et al. lawsuit was a Motion to Quash Subpoenas and Stay Discovery. I opposed TDPK’s motion and also filed a motion to compel GoDaddy to comply with the subpoena sent to them. Judge Hecker denied Kimberlin’s motion and granted mine.

Kimberlin whined that my subpoenas were part of a campaign to harass him and that I knew his address because he had just given it to the court, so the subpoena was unnecessary.

Between my written opposition and my oral argument, I responded that TDPK did not have standing to move to quash the subpoenas relating to Matt Osborne, Almighty Media, and Breitbart Unmasked—unless he was admitting to being the person writing as Matt Osborne on Breitbart Umasked or that he was the owner of Almighty Media and/or Breitbart Unmasked. As for the GoDaddy subpoena, it was issued when the Kimberlins were evading service. It sought the billing address for Brett Kimberlin’s personal website as a likely means of determining a good address for service of process.

The judge determined that my subpoena was not abusive and that the address provided by GoDadday would be a good check on the address provided by the Kimberlins.

TDPK appears to be deeply concerned about discovery. At the end of the hearing, he moved to stay discovery, and I agreed to put it on hold until after Schmalfeldt’s answer was due and the scheduled Walker v. Kimberlin, et al. trial was supposed to end. We agreed on a stay until 17 October, the Monday following the trial.

So here is the schedule of upcoming dates for Aaron’s case and mine—

Tomorrow—Motions Hearing, Walker v. Kimberlni, et al., Montgomery County

3 October, Deposition of Aaron Walker by Brett Kimberlin, Walker v. Kimberlin, et al. (Will not occur if Aaron’s motions for summary judgment are granted on Friday.)

11 through 13 October, Trial, Walker v. Kimberlin, et al., Montgomery County (Will not occur if Aaron’s motions for summary judgment are granted on Friday.)

12 October, The Kimberlins’ Corrected Filings Due, Hoge v. Kimberlin, et al.

17 October, Discovery Stay Ends, Hoge v. Kimberlin, et al.

Everything is proceeding as I have foreseen.

The “Close to 400” Lie

For the past few months the Kimberlins (and the Cabin Boy™) have been touting the false story that I have filed “close to 400 legal actions against [the Kimberlins] and those associated with them in three different counties in Maryland, including Carroll, Howard and Montgomery.” That falsehood was the foundation of the Kimberlins’ motion in the Hoge v. Kimberlin, et al. lawsuit to find me a vexatious litigant.

Yesterday, Judge Hecker looked at the evidence and found that I did not file so many legal actions. He further noted that it appeared I had been the defendant in cases that had actually been filed more often than not. Then he denied the Kimberlins motion.

The Kimberlins have also used the same lie in some of their filings in the Walker v. Kimberlin, et al. lawsuit—as if their bizarre claim about the number of lawsuits I supposedly filed has any bearing on whether or not they filed false criminal complaints against Aaron Walker. IANAL, but I’ll bet that given Judge Hecker’s finding, the Kimberlins are now estopped from further use of the “close to 400” allegation. (That probably should apply to the Cabin Boy™ as well.) We’ll see if The Dread Pro-Se Kimberlin tries to bring it up during the motions hearing in Aaron’s case this Friday.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

During the oral argument for the Kimberlins’ failed motion to dismiss the Hoge v. Kimberlin, et al. lawsuit because they were alleging it was a SLAPP suit, The Dread Pro-Se Kimberlin tried to argue that the First Amendment protected his right to say anything in a complaint filed with a public official. Of course, that’s nonsense. Neither the First Amendment nor the Maryland Declaration of Rights protects perjury in a criminal complaint.

While TDPK was trying to make his case, Judge Hecker posed some hypothetical questions along these lines—

Suppose Mr. Hoge went to the Sheriff’s Office and falsely told them you were a pedophile. Would the First Amendment protect him from being sued for defamation?

Suppose your lawsuit had not ended in a directed verdict, and Mr. Hoge had had to present a defense. Would he have been able to use the First Amendment as a defense in that case?

TDPK seemed to have difficulty answering those questions.

In the end, Judge Hecker came to the same conclusion as Judge Mason did in the Walker v. Kimberlin, et al. case—if TDPK’s theory of the law were correct, the tort of malicious prosecution could not exist. For that and other reasons he found that my suit is not a SLAPP suit and denied the Kimberlins’ motion.

And that proceeded as I foresaw.