MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

PLAINTIFFS MOTION TO STRIKE THE DEFENDANTS ANSWER (DKT. NO. 163)

AND LATEST MOTION FOR SUMMARY JUDGMENT (DKT. NO. 164)
NOW COMES the Plaintiff, Aaron J. Walker, Esq., and files this motion to strike. He
states the following:
1.

At a March 10, 2016, hearing this Court issued an order stating that if a document

was filed without being served on the other party by certified mail, it would be summarily
stricken.
2.

On or about June 22, 2016, the Defendants filed a purported Answer to the Fourth

Amended Complaint (Dkt. No. 163) and a purported Motion for Summary Judgment on Basis
[sic] of Lack of Jurisdiction and Failure to Properly Plead Damages (Dkt. No. 164).
3.

Both documents state in their respective certificates of service that I certify that I

served a copy of this motion on Plaintiff via certified mail[.]

4.

However, neither document was actually served by certified mail. Mr. Walker

received both documents in a single envelope attached as Exhibit A.1 It is precisely how Mr.
Walker received it, except Mr. Walker has opened it and removed its contents. It was simply left
at his home mailbox without the postwoman knocking on the door, because evidently, there was
no effort to send it as certified mail or to attach a certified mail return receipt green card to the
envelope. Mr. Walker heard the postwoman deliver ithis mailbox is attached to his home, and
it makes a distinctive sound when large envelopes are stuffed into itand retrieved it
immediately afterward. There are no green cardboard strips attached to the envelope, suggesting
that there never was a certified mail green card attached to it. Further, attached as Exhibit B is
a copy of the tracking information from the USPS website, lacking any indication that it was sent
via certified mail. Finally, the amount on the stamp ($6.45) lines up with what it appears to be: a
flat rate priority mail envelope purchased at a post office, see Exhibit C, and, therefore, the
postage is insufficient for certified mail. Based on the foregoing, it is exceedingly clear that this
was not sent by certified mail.2
5.

Therefore, Mr. Walker asks this Court to carry through with its promise to strike

future filings that do not comply with its order requiring such service to be performed by
certified mail. Although Mr. Walker recognizes that ordinarily this Court does not wish to see
additional motions to strike, he believes that given this Courts orders (see Dkt. Nos. 111 and
117), this motion is justified.

Naturally the original of Exhibit A will be filed with the Civil Clerk. Copies will be served on
others as appropriate, but there is no substitute for examining the original.
2
Likewise, as of this writing no certified mail green card has been filed with this Court
corresponding to the purported Answer (Dkt. No. 163) and motion for summary judgment (Dkt.
No. 164) and no genuine green card exists to file.
2

WHEREFORE, based on the foregoing, the Plaintiff respectfully requests that the Defendants
Answer to the Fourth Amended Complaint (Dkt. No. 163) and Motion for Summary Judgment
on Basis [sic] of Lack of Jurisdiction and Failure to Properly Plead Damages (Dkt. No. 164) be
stricken, and that this Court grant any other relief that is just and equitable.

Friday, July 1, 2016

Respectfully submitted,

Aaron J. Walker, Esq.

Va Bar# 48882
P.O. Box 3075
Manassas, Virginia 20108
AaronJW72@gmail.com
(703) 216-0455
(no fax)

VERIFICATION
I, Aaron Walker, solemnly affirm under the penalties of perjury that the contents of the
foregoing paper are true to the best of my knowledge, information, and belief and that the
Exhibits B and C are true and correct copies of their respective originals, and Exhibit A is the
original exactly as received, except that the envelope was opened and its contents were removed.

Dated:

CERTIFICATE OF SERVICE
I certify that on the
day of
, 2016, I served copies of this
document on Brett and Tetyana Kimberlin at 8100 Beech Tree Road, Bethesda, Maryland 20817.

MARYLAND:
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

AARON WALKER,
Plaintiff
v.

Case No. 398855-V

BRETT KIMBERLIN, ET AL.,

Defendants

ORDER GRANTING PLAINTIFFS MOTION TO STRIKE

Upon consideration of the Plaintiffs Motion to Strike Defendants Answer (Dkt. No.
163) and Latest Motion for Summary Judgment (Dkt. No. 164), and any other filing in support
or opposition thereto, it is this

day of

, 2016, hereby

ORDERED that the Plaintiffs Motion to Strike is GRANTED; and it is further

ORDERED that the Defendants Answer to Plaintiff Walkers Complaint (Dkt. No. 163)
and the Defendants Motion for Partial Summary Judgment on Basis of Lack of Jurisdiction is
hereby STRICKEN and the Clerk of Court is directed to return these documents to the
Defendants.

Hon. Michael D. Mason

Judge, Circuit Court of Maryland for Montgomery County