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.
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.
And here’s The Dread Pro-Se Kimberlin’s whiny excuse for being late in filing his reply to Patrick Frey’s opposition to TDPK’s motion for summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit.
One of Kimberlin’s lame excuses is that he had to provide discovery to me in the Hoge v. Kimberlin, et al. case.
“… literally hundred of documents …”
The discovery he provided contains 241 pages, and one of the documents (a hearing transcript) is 100 pages long all by itself. There are 11 other multipage documents and 81 single sheets of paper, some of which are clearly related and may form multipage documents. At most, Kimberlin provided 93 documents to me in response to the request for production of documents propounded to him.
But it did snow this week.
There was a hearing in the case this afternoon. Judge Hecker had issued an order compelling Brett Kimberlin to fully answer certain interrogatories propounded to him in discovery, and The Dread Pro-Se Kimberlin had refused to do so. Judge Hecker then issued an order to TDPK requiring him appear at the hearing today to show cause why he was not in contempt of court.
I expected that TDPK would purge his contempt, and he did so, but not in the way I thought he would. I thought he would invoke his Fifth Amendment right against self-incrimination. Instead, he chose to fully answer the interrogatories under oath in open court. Of course, his answers seem to be contradicted by documentary evidence, but that’s a separate issue which he may have to deal with at a later date.
I also brought up the pending motion to compel discovery from the Cabin Boy™ and the pending contempt petition from him. The judge noted that the motion was ripe and that he should rule on it soon.
So everything is proceeding (more or less) as I have foreseen.
Yesterday, Patrick Frey’s lawyers filed a motion asking that their time to reply to The Dread Pro-Se Kimberlin’s latest late filing be extended by the same number of business days as TDPK was late with his paperwork.
There’s a hearing scheduled for 1:30 pm today in the Hoge v. Kimberlin, et al. lawsuit. Judge Hecker has ordered Brett Kimberlin to show cause why he is not in contempt of court for failing to obey an order concerning discovery.
A deadline has passed. More approach.
Somethings are proceeding even better than I have foreseen.
T-minus 1 day and counting.