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The #BrettKimberlin Report D+83: The Noose Tightens

16 August 2012 @ 20:05

From the Blogger’s Defense Team [tip of the fedora to Mandy Nagy, aka: @Liberty_Chick]:

Forcing Brett Kimberlin & Allies To Comply With Discovery

For Immediate Release
8/16/2012

The Bloggers Defense Team representing Aaron Walker in his lawsuit against Brett Kimberlin, Ron Brynaert and Neal Rauhauser – – led by Washington lawyer Dan Backer – continued to move the case forward to resolve the issues in a just and timely manner. To that end, Backer filed a Motion to Compel Discovery on Defendant Kimberlin today, and requested the motion be heard on 9-14-2012. The motion became necessary after it became clear that Defendant Kimberlin did not plan on cooperating with discovery requests absent a court order.

This motion comes on the heels of motions for default judgment filed against Neil Rauhauser and Ron Brynaert that are scheduled to be heard later this month.

“These are real issues and they need to be resolved; not dragged out in perpetuity to further harass Aaron Walker or delay justice. Delaying this case or the discovery necessary to bring it to a just close is simply unreasonable.” noted Backer.

In January, Aaron Walker sued Brett Kimberlin and his associates, Ron Brynaert and Neal Rauhauser, in Virginia, on charges of defamation, state and federal extortion, and intentional infliction of emotional distress. After having been sidelined by a barrage of Kimberlin legal harassment in Maryland – which led to a temporary and wholly unconstitutional Court order silencing Walker’s blogging – the Virginia litigation is now continuing. Written discovery has already been served on Kimberlin and was due by August 10th, with no response. His cohorts, Brynaert and Rauhauser, have continued to duck service and have never answered the lawsuit, despite their actual knowledge, and default judgment motions have now been filed against them – a major step forward.

While this case is making progress, there is much more to do. Kimberlin and company have many other victims and the tactics they’ve mastered will certainly be used by others to silence and harass their critics.

To support the cost of pro bono representation of Aaron Walker and other victims, RightSolutions, a 501c3, has launched the Bloggers Defense Team to raise tax-deductible contributions to continue fighting back, and is underwriting the costs of the Virginia state lawsuit and another Maryland Federal lawsuit.

Victims are also calling upon members of Congress and the Department of Justice to form an FBI task force to coordinate law enforcement resources to investigate not only the SWATtings, but the Lawfare and continued and potentially illegal harassment activities aimed at silencing speech and political opinion.

The internet should be the ultimate “marketplace of ideas” where all are free to share opinions without threat of legal harassment, cyber-bullying, or real world threats.

For more information, or to donate to the Blogger’s Defense Team, go to http://bloggersdefenseteam.com/

Please give what you can [not associated with the National Blogger’s Club].

-Aaron Walker weighs-in over at his place.  A highlight:

Glenn Reynolds once observed that in a promised lawsuit by Brandon Darby against Neal Rauhauser that “the discovery process should be productive.” Well, apparently that is precisely what Kimberlin doesn’t want in this case: productive discovery. The deadline has passed and Kimberlin has refused to comply, to any degree, with legally mandated discovery requests. He hasn’t produced one relevant document, answered a single interrogatory, and so on.

Perhaps some intrepid reporter who knows something of the law should ask Kimberlin why he is not complying. I know his stated reason but my attorneys have asked me not to disclose it, but I will say that it is frivolous as a matter of law.

-The noose tightens.

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