Case 8:13-cv-03059-GJH Document 324 Filed 12/28/15 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND
BRETT KIMBERLIN,
Plaintiff,

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--DEPUTY

No GJH13-3"~5~

v.
PATRICK FREY,
Defendant.

MOTION TO COMPEL COMPLIANCE WITH SUBPOENA DUCES TECUM AND

REQUEST FORAN ORDER TO SHOW CASE BY NON-PARTY AARON WALKER
SHOULD NOT BE HELD IN CONTEMPT
Pursuant to Rule 45 of the Federal Rules' of Civil Procedure,

Plaintiff respectfully

moves this Court for an order compelling non-party Aaron Walker ("Walker") to
immediately

and fully comply with a subpoena

duces tecum served upon him on or

about November 16, 2015, and to show cause why he should not be held in
contempt for his noncompliance.
1. This Court ordered the Clerk of the Court, on or about November 5, 2015, to
issue a subpoena duces tecum at Plaintiffs request to Walker. Exhibit A. On or
about November 16, 2015, Plaintiff served that subpoena

on Walker via first class

Priority Mail with a date of December 16, 2015 for compliance.

See Plaintiffs

Declaration at Exhibit B. At the same time, Plaintiff served subpoenas

and Los Angeles County District Attorneys Office. These subpoenas
information

on the FBI
are seeking

relevant to the matters at issue in the instant case.

2. Walker never responded

in any way to the subpoena.

He did not file any

objections, motion to quash or even contact Plaintiff to request additional

Instead, he willfully and intentionally

time.

refused to comply. In contrast, both the FBI

Case 8:13-cv-03059-GJH Document 324 Filed 12/28/15 Page 2 of 3

and the LA County DA's Office did contact Plaintiff with regard to their subpoenas,
and Plaintiff is working with them to exact compliance as soon as possible.
3. The Federal Rules provide that litigants may obtain "discovery regarding any
non privileged matter that is relevant to any party's claim or defense" and that
"appears reasonably
Rule 26(b)(1).

calculated to lead to the discovery of admissible evidence."

Such discovery may be obtained for a non-party

subpoena commanding

the production

of documents.

from which a subpoena

is issued has the authority

through service of a

Rule 45(a). The district court

to enforce compliance and may

hold in contempt and sanction any "person who, having been served, fails without
adequate

excuse to obey the subpoena."

Rule 45(e).

4. Federal courts have held that a Rule 45 subpoena

should be enforced unless

it is clear that the evidence sought can have no possible bearing on the issues. In the
instant case, Plaintiff has requested
to the issues in this case-I.e.,

information

from Walker that is highly relevant

emails to and from Defendant Frey regarding

swatting and attempts to retaliate against Plaintiff and have him arrested.
5. Walker's failure to respond in any way to the subpoena was "without
adequate excuse" and constitutes

grounds for a finding of contempt.

also 9A, Wright & Miller, section 2465 ("failure of a subpoenaed

produce according to the terms of a subpoena
6. Walker is an attorney and therefore
a complete understanding

Rule 45(e). See

party to attend or

is prima facie evidence of contempt").

is an officer of the Court. As such, he has

of the rules and of his obligation to comply with them.

His failure to do so provides sufficient grounds for imposing sanctions.

Case 8:13-cv-03059-GJH Document 324 Filed 12/28/15 Page 3 of 3

Wherefore

Plaintiff moves this Court to compel Walker to immediately

and fully

comply with the subpoena, and require Walker to show cause why he should not be
held in contempt for failing to comply in the first place.
Respectfully submitte
Brett Kimberlin
8100 Beech Tree Rd
Bethesda, MD 20817
(301) 3205921
justicejtm p@comcast.neJ

Certificate of Service
1 certify that 1 mailed a copy of this motion to Aaron Walker and emailed a copy to
the attorneys for Defendant Frey this 28th day of December.
~
Brett Kimberlin

DECLARATION

\)

OF BRETT KIMBERLIN

I, Brett Kimberlin, declare under penalty of perjury pursuant

to 28 USC 1746,

that on or about November 16, 2015 I served Aaron Walker with a copy of a court
ordered subpoena duces tecum by priority first class mail sent to 7537 Remington
road, Manassas, VA 20109

Case 8:13-cv-03059-GJH Document 324-1 Filed 12/28/15 Page 1 of 1

Case 8:13-cv-03059-GJH

Document 308-1

Filed 09/17/15

Page 1 of 7

AD 8gB (Rev. 02114) Subpoena \0 Produce DocumentS. Information.. or Objects or to Permit Inspection ofPremism in G Ci\'il At:tion

UNITED STATES DISTRICT COURT

for the
District of Maryland
Brett Kimberlin

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Plaimiff

Patric"KFrey
Defendant

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Civil Action No. GJH 13 3059

---_._--

SUBPOENA TO PRODUCE DOCUMENTS, lNFORMA TION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CML ACTION

Aaron Walker, 7537 Remington Rd Manassas, VA 20109

To:

(Name o/person

/0

whom (his subpoena is directed)

~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents electronicallY stored informati9.'1 pJ:obi~ts. and to permit inspection, CODyjnll.lestiOIl.or sarDolinJ/ofrhe
. ,All communlcalibns between you"" ,0 t'afncK J-tey concernmg !:lrenKimoennnram ~eptemper ~u,f mrougn
matenalMay 2013, Including those coneming alleged swallings of you and Mr. Frey

",

Place:B100 Beech Iree Ad

Bethesda, MD 20817

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect. measure, survey, photograph, test, or sample the property or any designated object or operation on it.
te_:

-':_D_a_te_an_d_Tim_e._:

-----

The following provisions of Fed. R. eiv. P. 45 are attached - Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g). relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date: 11/4/2015
CLERK OF COURT
Signature ole/uk (

OR
Attorn~)'

'J signature

The name, address, e-mail address, and telephone number of the attorney representing (Mme a/party)
Bre,1tKimberlin
Beech Tree Rd, Bethesda. MD 208171301) 3205921
,who issues or requests this subpoena, are:
lustIceJtmp@comcast.net

6100

Notice to the person who issues or requests this subpoena

!fthis subpoena commands the production of documents, electronically stored information, or tangible things or tbe
inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
it is served on the person to whom it is directed. Fed. R. eiv. P. 45(a)(4).

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