Judge Hazel has asked for additional briefing on a matter related to summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit.
I have to admit that Judge Hazel is not proceeding as I foresaw. He appears to be taking a different route that may lead to the same destination.
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.
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.
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.
Judge Hazel issued a scheduling order for filings related to motions for summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit in the U.S. District Court for the District of Maryland. The order specified that The Dread Pro-Se Kimberlin’s reply to Patrick Frey’s opposition to TDPK’s motion for summary judgment was due on 8 March. TDPK filed his reply two days late on the 10th.The reply is sealed. That’s not surprising given that TDPK’s original motion and exhibits are sealed as is Patterico’s opposition. I suspect the reason for sealing is that TDPK is trying to use confidential discovery material to support his argument.
It will be interesting to see if the District Court is a strict as the Fourth Circuit Court of Appeals when it comes to enforcing deadlines.
T-minus 3 days and counting.
Everything is proceeding as I have foreseen.
T-minus 4 days and counting.