It should not surprise the Gentle Reader who has been following The Saga of The Dread Pro-Se Kimberlin that discovery documents TDPK provide last week in the Hoge v. Kimberlin, et al. lawsuit were deficient and were not properly responsive to the request for production of documents served on him. I contacted TDPK to attempt to resolve the issue, but I received not response. Therefore, I filed the following motion yesterday.
The usual boilerplate statement about not commenting on a motion until the court rules applies to this one too.
And more deadlines go whooshing by.
Inactions have consequences.
The online docket for the Kimberlin v. Frey RICO Remnant LOLsuit shows the Patterico’s lawyers filed their last bit of paperwork related motions for summary judgment in the case.The ball is now in Judge Hazel’s court. If he doesn’t grant summary judgment to either party, the case will go to trial.
The Daily Caller has a piece up that looks into Brett Kimberlin’s connection to a former Democratic National Committee official and the forged documents recently debunked by BuzzFeed.
I’ve had some questions about how the various appeals are going. The only one that is sorta/kinda active at the moment is The Dread Pro-Se Kimberlin’s appeal of the Kimberlin v. National Bloggers Club, et al. RICO Retread Appeal in the Maryland Court of Special Appeals. The briefs are in and some procedural motions are going back and forth. The most recent order I’ve seen in the case strikes part of the record extract TDPK filed as non-germane.
Everything is proceeding as I have foreseen.
Judge Hazel has decided to accept The Dread Pro-Se Kimberlin’s reply to Patrick Frey’s opposition to his motion for summary judgment and opposition to Frey’s cross-motion for summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit. The judge has also granted Patterico’s lawyers an extension to file their reply to TDPK’s opposition to their cross-motion.
This approach makes sense. It only delays the case a couple of days, and it eliminates one potential bit of fuel for TDPK’s inevitable appeal. After Patterico’s lawyers file on the 24th, the ball will be in Judge Hazel’s court.