Dread Pirate #BrettKimberlin’s Defiance


I’ve finally made it through all the motions and exhibits that I picked up at the courthouse in Manassas today. Here’s a list of them:

Motion to Dismiss (from TDPK)
Motion for Protective Order to Stay Discovery (from TDPK)
Motion for Sanctions Against Defendant Kimberlin (from Walker)
Motion to Deny Defendant Kimberlin’s Motion to Dismiss and Motion for Protective Order to Stay Discovery for Failure to Follow Rule 4:15 (from Walker)

TDPK’s motions are mostly rehashes of previous arguments. I’ll get around to them later. The meaty material is in Dan Backer’s filings on behalf of Aaron Walker. It will take a while to get them scanned and uploaded. Bear with me.

One of the exhibits for the Motion for Sanctions Against Defendant Kimberlin (Exhibit A) is sealed because it contains information received in discovery. It was filed under seal because of the judge’s order with respect to confidentiality of discovery materials. However, Exhibit C of the Motion to Deny Defendant Kimberlin’s Motion to Dismiss and Motion for Protective Order to Stay Discovery for Failure to Follow Rule 4:15 has some interesting information with respect to discovery without divulging actual material.

<mockery>This is an email exchange between TDPK and Dan Backer. Look at Mr. Backer’s second paragraph.

Your single response, duplicated for every query, …

Giving the same answer for dozens of questions each of which requires a unique answer smells like someone pleading some sort of privilege against having to answer. And that, as Mr. Backer says,

… meets neither the letter nor the spirit of the Court’s September 14, 2102 Order.

It’s beginning to look as if TDPK really did defy Judge Potter’s order compelling discovery and his additional instructions on how to fulfill the order that he gave last week. Judge Potter seems like a fair and patient man, but I’ve never seen a judge put up with this kind of defiance. One wonders what is so important for TDPK to hide that he is willing to risk being held in contempt.</mockery>

Oh, and there’s so much more. It’ll take several days to work though this lode of material. There’s even stuff of another fun post in this Exhibit C.

So get some more popcorn (or Jujubes or Raisinets) and stay tuned.

We’re just getting started.

UPDATE—A lawyer who practices in Virginia has pointed me to Va. Code Ann. 18.2-456 et seq. which specifies what a judge can do to summarily punish contempt. 10 days or $250. If the Judge wants to go for a criminal contempt charge, things get much more serious.