Professional Documents
Culture Documents
AARON WALKER,
Plaintiff
v.
PRETRIAL STATEMENT
Now Comes the Plaintiff, Aaron J. Walker, Esq., and files this Pretrial Statement. He
states the following:
Mr. Walker notes briefly that this represents only the statement of Mr. Walker. Mr.
Walker knows that this Court ordered the parties to file a joint pretrial statement, and about two
weeks before the deadline, Mr. Walker attempted to communicate with the Defendants in an
attempt to coordinate with them within the limitations of this Courts order at Dkt. No. 57. Mr.
Walker has received no response from the Defendants. Because of the Defendants failure of
cooperation, it was not possible to create a joint pretrial statement. Instead, Mr. Walker submits
the following proposed pretrial statement and moves that this Court adopt it in light of the
Defendants failure to cooperate:
1.
contends that these Applications contained numerous false statements and, therefore,
induced the Commissioner to find that there was probable cause when there wasnt. The
Defendants contend that they did not make any false statements in the Applications. The
Plaintiff has also claimed that Mr. Kimberlin has stalked the Plaintiffs wife. As of this
writing, Mr. Kimberlin has denied this. The Plaintiff claims that Mr. Kimberlin is
vicariously liable for the charges filed by Mrs. Kimberlin. As of this writing, Mr.
Kimberlin has neither admitted nor denied this. The Plaintiff also claims that he is
entitled to an injunction preventing further abuse of the citizen complaint process and to
prevent Mr. Kimberlin from intimidating conduct aimed at Mr. Walker, his wife, or their
families. The Defendants believe Mr. Walker is not entitled to such an injunction.
2.
Defendants:
3.
Undisputed Issues and Facts: List all issues not in dispute and set for the stipulated
facts.
Because the Defendants have not yet fully complied with discovery, the Plaintiff is not
yet in a position to list all such facts. However, as stated in Mr. Walkers motions for
summary judgment (Dkt. No. 213 and 216), there is no dispute that Mrs. Kimberlin
committed malicious prosecution against Mr. Walker in relation to the May 18, 2015
charges, there is no dispute that Mr. Kimberlin has committed malicious prosecution in
relation to the July 30, 2013 charges, that Mr. Kimberlin stalked Mr. Walkers wife on
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March 1, 2013, that Mr. Walker suffered damages in relation to both malicious
prosecutions, that an injunction is justified in relation to both defendants, and that
punitive damages are justified.
4.
Disputed Issues and Facts: List all issues not in dispute and set forth the stipulated facts.
Because the Defendants have not yet fully complied with discovery, the Plaintiff is not
yet in a position to list all such facts.
5.
Relief Sought: Specify nature and amount of each item of damage claimed or description
of equitable relief sought by each party.
a)
Plaintiff:
b)
6.
Citations: List any cases or statutes which need to be called to the Courts attention.
a)
b)
7.
Pending Motions: List title, movant, and filing date of pending motions.
a)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
b)
Title:
c)
Title:
d)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
Motion to Strike the Defendants Answer (Dkt. No. 163) and their
Latest Motion for Summary Judgment (Dkt. No. 164)
Dkt. No.
169
Movant:
Plaintiff
Filing Date: July 1, 2016
Opposition: Dkt. No. 171, filed July 8, 2016.
Reply:
Dkt. No. 179, filed July 18, 2016.
Motion That This Court Refrain from Striking Sua Sponte The
Defendants Reply to Plaintiffs Opposition to Second Motion for
Summary Judgment and Motion to Strike It and The Defendants
Response to Plaintiffs Second Renewed Request for an Order of
Default
Dkt. No.
174
Movant:
Plaintiff
Filing Date: July 11, 2016
Opposition: None.
Reply:
n/a
Motion for Protective Order from Discovery and for a Hearing
177
Defendants
July 13, 2016
Dkt. No. 178, filed July 18, 2016.
Dkt. No. 187, filed July 27, 2016.
e)
Title:
f)
Title:
g)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
h)
Title:
i)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
j)
Title:
k)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
Notes:
l)
Title:
Dkt. No.
Movant:
Filing Date:
Response:
Reply:
Notes:
m)
Title:
n)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
Motion in Limine
215
Plaintiff
August 9, 2016
Dkt. No. 227, filed August 12, 2016.
Dkt. No. 231, filed August 18, 2016.
o)
Title:
p)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
q)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
Notes:
r)
Title:
s)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
Notes:
t)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
u)
Title:
Dkt. No.
Movant:
Filing Date:
Opposition:
Reply:
8.
Witnesses: Name, address and telephone number of each person who may be called to
testify.
a)
Plaintiff: Because the Defendants have not yet fully complied with discovery, the
Plaintiff is not in a position to name all witnesses. However, he will name the
following, provisionally:
b)
9.
Expert witnesses: list matters about which each expert will testify. No party may call at
trial any witness omitted from that partys pre-trial statement, except for impeachment or
rebuttal purposes.
None named by either side.
10.
Exhibits: Attach a listing of the exhibits to be offered in evidence by each party at the
trial, other than those expected to be used solely for impeachment, indicating which
exhibits the parties agree may be offered in evidence without the usual authentication.
Complete list of exhibits identifying by exhibit number each document that may be
offered at trial. (Stickers to be attached to each exhibit are available in Clerks office.)
Any objections to another partys exhibits should be stated.
Plaintiff:
Because the Defendants have not yet fully complied with discovery, Mr.
Walker is not in a position to list all potential exhibits. However, Mr.
Walker can state with reasonable certainty that he will seek to admit the
two Applications for Statement of Charges at the heart of this suit, purely
for the purpose of proving what the Defendants presented to the
Commissioner and not as evidence of the truth of the matter asserted. The
order of such also cannot be determined at this time, but those documents
are:
11.
12.
13.
Plaintiff:
b)
Demonstrative or Physical Evidence: Describe any items of non-testimonial, nondocumentary evidence -- models, samples, objects, etc. -- to be utilized at trial.
a)
Plaintiff:
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b)
14.
15.
16.
Videotapes: Identify any videotapes to be shown to the jury and authority for doing so.
a)
Plaintiff:
b)
Requested Jury Selection Questions: Identify those agreed upon and include any
objections made by either side.
a)
Plaintiff:
b)
Defendants: Unknown.
Civil Pattern Jury Instructions: (all references are to Maryland Civil Pattern Jury
Instructions, Fourth Edition with 2013 Supplement)
a)
Plaintiff:
1)
General Instructions:
2)
Malicious Prosecution:
3)
Conspiracy:
7:6.
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4)
b)
17.
Damages:
Defendants: Unknown.
Plaintiff:
There is no pattern instruction for aiding and abetting, therefore, Mr. Walker proposes the
following:
AIDING AND ABETTING ELEMENTS OF LIABILITY
A defendant has aided and abetted a tort where (1) there is a tortious act
committed by the primary actor, (2) the defendant knew about tortious act was
committed or being contemplated by the primary actor, and (3) the defendant
gave substantial assistance or encouragement to the primary actor to commit the
tortious act.
This is derived from Alleco Inc. v. Weinberg Foundation, 340 Md. 176, 186 (1994).
b)
18.
Defendants: Unknown.
Verdict Sheet (if requested): Text of verdict sheet, including any special interrogatories,
to be submitted to the jury.
See attached.
19.
b)
20.
1)
2)
3)
Mr. Kimberlin ends all litigation and appeals involving Mr. Walker.
4)
Both Defendants agree never to seek discovery against Mr. Walker or his
family in any future lawsuit in which Mr. Walker isnt a party.
5)
For every agreement settling any part of any case Mr. Walker has been
involved in, Mr. Kimberlin will inform the other parties to those contracts
that he waives all provisions of any existing agreements requiring any
voluntary limits on their own expression and any requirement that they
delete or otherwise alter any writings they have written about Mr.
Kimberlin in the past. That includes but is not limited to any agreement
with Lynn Thomas; Peter Malone; the American Spectator; Red State,
Erick Erickson; Red State; Ace of Spades; James OKeefe III; Simon and
Schuster; Michelle Malkin and Twitchy, LLC. This waiver will
specifically promise that any contracts otherwise remain in effect and that
Mr. Kimberlin will continue to uphold his end of the bargain.
Defendants: unknown.
Estimated Length of Trial: 1-3 days; (we will have a better idea after Mr. Walkers
request for default and motions for summary judgment are resolved).
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Respectfully submitted,
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.
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.
In accordance with the Courts order of March 10, 2016 (Dkt. No. 111), I have performed such
service by certified mail and will file the green card when it is returned to me.
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