ECF 286 Redacted

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  • 8/21/2019 ECF 286 Redacted

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    June 11 2015Judge George Hazel

    United States District Court

    6500 Cherrywood Lane

    Greenbelt, MD 20770

    Dear Judge Hazel:

    F1lfD   t   (EI; - __ ,LOooED   J1 7   p"

     J~i~ll015  AT (j~_,:!+;0 f'ty.o

    CLERK   u.s   OJST/ilCl   C"-' ,.,

    Re: Kimberlin v. Frey No G)td 13 2'b~TO"   MARYLANu DC-

    I am writing for several reasons: First, this case has been under a case management

    order for more than a year. Judge Grimm issued the order because of the number of 

     parties and the fact that a small number ofthe defendants were filing abusive

     pleadings. Since then, this case has been pared down to just one plaintiff and one

    defendant and we are now in active discovery. Therefore, I am requesting that you

    lift the case management order so that the parties can file motions without first

    getting permission from the Court. This would be more effective for the Court and

    the parties.

    Second, I am concerned about Defendant Frey's counsels' failures to comply with the Court's Discovery Order and what appears to be delaying tactics and games they are

     playing. The Court ordered the initial Rule 26 disclosures to be made by May 11 tho   I

    made mine and sent copies to counsel on that date (and indeed filed them with the

    Court since the Court said it wanted a copy of some matters in the filing). As part of 

    that Order, the parties were supposed to confer regarding several matters but Mr.

    Coleman and Mr. Godfrey did not confer with me despite my reaching out to them

     by email on Mary 1st where I raised a number of issues as directed by the Order.

    When I did not hear anything back from them, I asked if they were getting my emails

     but got no response. Finally, I heard from a plaintiff in another suit against Mr. Frey

    that Mr. Coleman had moved to a new firm. Therefore, I searched Google and found his new firm and email. However, neither he nor Mr. Godfrey informed me of the

    move or any new email address, and Mr. Godfrey's email remained the same.

    On May 31 st,   I sent Mr. Coleman a note at his new email, and Mr. Coleman apologized

    saying that he does not usually deal with pro se litigants. However, he still did not

    respond to my prior emails or provide his Rule 26 disclosures. When I raised these

    failures with him on June 10th,   he finally said that he would provide those to me by

    June 17th•   In short, I have complied with the Court's Order but counsel for 

    Defendant Frey has not. At this time, I am not seeking the Court's intercession, but I

    want this to be on the record in the event this pattern of obstruction continues.

    Third, in the Court's Order, today is the deadline for notification of additional parties

    to be added to the Complaint In order to comply with that deadline, I am notifying

    the Court and Defendant Frey that I intend to add the Los Angeles District Attorney's

    Office and the Federal Bureau of Investigation as parties in due course.

    !"#$ &'()*+,*-)-./*012 34+56$78 9&: ; -:?((?(. @"A$ ( 4B (

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     AD   8gB (Rev. 02/14) Subpoena to Produce Documents, Information, or Object,> or to Pennit Inspection of Premises in a Civil Action

    UNITED STATES DISTRICT COURT for the

    District of Maryland   B Brett Kimberlin

     Plaintiff  

    v.

    Patrick Frey

     Defendant 

    )

    )

    ) )

    )

    )

    Civil Action No. GJH 13- 3059

    To:

    SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

    OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

    Ace of Spades the Blogger  c/o Bruce Godfrey Esq, 301 Main St, Reisterstown, MD 21136

    (Name o/person   (0  whom this subpoena is directed)

    t6   Production:   YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

    material AIi   communications you have had with Partick Frey and others regarding Brett Kimberlin or swatting over the

     past three years, including emails, letters, direct messages and any other form of memorialized contact.

    Date and Time:

    06/11/2015 2:04 pm

    o   Inspection a/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.

    \ Place:   I Date and Time:

    The following provisions of Fed. R. Civ. 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:

    CLERK OF COURT 

    OR

    Signature o/Clerk or Deputy Clerk    Attorney's signature

    The name, address, e-mail address, and telephone number of the attorney representing   (name   a/pony)   Brett Kimberlin

    8100 Beech Tree Rd, Bethesda, MD 20817 (301) 320 5921 , who issues or requests this subpoena, are:

     justicejtmp@comcast.net

     Notice to the person who issues or requests this subpoena

    If this subpoena commands the production of documents, electronically stored information, or tangible things or the

    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. Civ. P. 45(a)(4).

    !"#$ &'()*+,*-)-./*012 34+56$78 9&:*( ; -:?((?(. @"A$ ( 4B 9

    mailto:justicejtmp@comcast.net mailto:justicejtmp@comcast.net

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    AO 88B (Rev.   02114)   Subpoena to Produce Document ••,lnformution, or Objects or to Permit Inspection of Premises in a Civil Action

    UNITED STATES DISTRICT COURT for the

    District of Maryland   EI

    Brett Kimberlin

     Plaintiff  

    v.

    Patrick Frey

     Deftndant 

    )

    )

    )

    )

    )

    )

    Civil Action No. GJH 13- 3059

    To:

    SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

    OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

    Federal Bureauo! Investigation 2600 Lord Baltimore Md 21244

    (Name a/person to whom this subpoena is directed)

    ~ Production:   YOU ARE COMMANDED to produce at the time, date, and place set forth below the following

    documents, electronically stored infonnation, or objects, and to permit inspection, copying, testing, or sampling of the

    material Allfiles related to contacts and commuincations with Patrick Frey regarding a July 1, 2011 swatting incident at

    3547 Seaglen Dr, Rancho Palos Verdes,   CA   including interviews, contacts, notes, investigations and results.

    Date and Time:

    06/11/2015    2:04 pm

    o   Inspection of Premises:   YOU ARE COMMANDED to pennit 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.

    I Place:   I Date and Time:

    The following provisions of Fed. R. Civ. 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:

    CLERK OF COURT 

    OR

    Signahlre a/Clerk or Deputy Clerk    Attorney's signature

    The name, address, e-mail address, and telephone number of the attorney representing   (name a/party)   Brett Kimberlin

    8100 Beech Tree Rd, Bethesda, MD20817 (301) 320 5921 , who issues or requests this subpoena, are:

     justicejtmp@comcast.net

     Notice to the person who issues or requests this subpoena

    If this subpoena commands the production of documents, electronically stored information, or tangible things or the

    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. Civ. P. 45(a)(4).

    !"#$ &'()*+,*-)-./*012 34+56$78 9&:*( ; -:?((?(. @"A$ 9 4B 9

    mailto:justicejtmp@comcast.net mailto:justicejtmp@comcast.net