Professional Documents
Culture Documents
Aaron Walker,
Plaintiff
v.
Cir. Ct. 2016), Mr. Walker filed a motion to strike based on lack of service (Dkt. No. 9). Mr.
Walker incorporates the entirety of that filing by reference.1
5. Unlike the last time Mr. Walker wasnt served by Mr. or Mrs. Kimberlin, this Motion is presently
under seal. For this reason, Mr. Walker does not believe he will be able to obtain a copy from the
Clerk, even if he provides photographic identification proving he is the Plaintiff.
6. Therefore, the Defendants Motion is effectively an improper attempt to obtain ex parte relief
from this Court. Mr. Walker has no idea what the Defendants have asked of this Court or what
possible grounds there are for their request. Since they have not filed a Motion to Seal (as is the
appropriate procedure), Mr. Walker does not even know why they think they are entitled to such
an ex parte communication. They have effectively robbed Mr. Walker of both notice and any
effective opportunity to be heard. See, e.g., Powell v. Alabama, 287 U.S. 45 (1932) (the
necessity of due notice and an opportunity of being heard is described as among the immutable
principles of justice which inhere in the very idea of free government which no member of the
Union may disregard) (internal quotation marks omitted).
7. This is not the first time Mr. Kimberlin has attempted to file a sealed motion, without filing a
motion to seal and without serving a copy on Mr. Walker and other opposing parties . In the
federal case of Kimberlin v. National Bloggers Club, et al. (I), No. GJH-13-3059 (D. Md., March
17, 2013), Mr. Kimberlin improperly filed a letter requesting permission 2 to seek a preliminary
injunction against several peopleincluding Mr. Walkerand filed it under seal without moving
for it to be placed under seal. He then steadfastly refused to serve Mr. Walker and other pro se
defendants. When another attorney in the case, Paul Allen Levy, objected to this conduct, Mr.
Kimberlin responded with vulgarity that I [Levy] prefer not to place in the public record. The
majority of that story is detailed in Exhibit A.
1 An unsigned copy of this filing, sans exhibits, is attached to this motion as Exhibit A for this
Courts convenience.
2 That court had imposed a case management order, stating that no party could file many types of
motions without pre-clearance from the court. Mr. Kimberlin violated that order repeatedly.
2
8. In that case Judge Hazel summarily unsealed Mr. Kimberlins letter, 3 and this Court could
reasonably follow suit and grant other relief appropriate in this case, see infra 11. However, Mr.
Walker respectfully disagrees with Judge Hazels decision. In that case it seemed that Mr.
Kimberlin was attempting to save Tetyanas teenage daughter, from embarrassment. 4 As a result,
the only person who might have suffered any consequences due to Mr. Kimberlins misconduct,
was that teenager.
9. While Mr. Walker believes Mr. Kimberlin should suffer consequences because of the
Defendants attempt to improperly engage in ex parte communication with this Court, he does
not believe any third party should suffer as a result.
Declaration of Rights states that no conviction shall work corruption of blood, a talisman of
the American legal and moral norm that we do not punish children for the conduct of their
parents. See also U.S. CONST. Art. III, 3, 2 (no Attainder of Treason shall work Corruption of
Blood.)
10. Accordingly, Mr. Walker believes that the fairest outcome for all involvedincluding third
parties who might be embarrassed by whatever is contained in that sealed motionis to strike
the motion in its entirety and return it to the Defendants. Then the Defendants can choose among
three options: 1) to re-file it in edited form, 2) to re-file it with a motion to seal any specific
exhibits containing sensitive information, or 3) not to re-file it at all. If a motion to strike is
granted, Mr. Walker also moves that the docket and record reflect that the Defendants have made
an appearance in this case on July 21, 2015.
11. Alternatively, if this Court does not strike the Defendants Motion, then Mr. Walker moves that
this Court unseal the Defendants Motion and order the clerk to mail a copy to Mr. Walker.
Under those circumstances, Mr. Walker should be given the ordinary time to respond under the
Maryland Rules commensurate with the late date of service.
12. Finally, Mr. Walker moves for an Order to Show Cause (under this Courts inherent authority to
manage its docket, under Station Maint. Solutions, Inc. v. Two Farms, Inc., 209 Md.App. 464, 60
A.3d 72, 86 (2013)) requiring Mr. Kimberlin to show why he should not be sanctioned for his
chronic and willful failure to provide service of process. Mr. Walker believes this misconduct is
driven entirely by Mr. Kimberlin and does not seek sanctions against Mrs. Kimberlin at this
time.5
WHEREFORE, based on the foregoing, Defendant Walker respectfully requests that the
Defendants Motion be stricken and returned to them; and that the docket and record reflect that
the Defendants have made an appearance in this case on July 21, 2015. In the alternative, Mr.
Walker requests that their motion be unsealed, that the Clerk of the Court be commanded to mail
a copy of the Motion and all Exhibits thereto to Mr. Walker and that Mr. Walker be granted
additional time to respond commensurate with the late date of actual service. Finally, Mr. Walker
moves for an Order to Show Cause requiring Mr. Kimberlin to explain why he should not be
sanctioned for this conduct.
5 It is also significant to Mr. Walker that Mrs. Kimberlin has not, to Mr. Walkers knowledge,
engaged in similar conduct in the past, in sharp contrast to her husband.
4
Respectfully submitted,