8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
1/24
DEPOSITION SERVICES, INC.
12321 Middlebrook Road, Suite 210
Germantown, MD 20874
(301) 881-3344
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
:
KIMBERLIN, :
:
Plaintiff, :
:
v. : Civil No. 339254
:
ANONYMOUS CYBER STALKER, :
et al., :
:
Defendants. :
:------------------------------x
HEARING
Rockville, Maryland January 9, 201
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
2/24
DEPOSITION SERVICES, INC.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
------------------------------x
:
KIMBERLIN, :
:
Plaintiff, :
:
v. : Civil No. 339254
:
ANONYMOUS CYBER STALKER, :
et al., :
:
Defendants. :
:
------------------------------x
Rockville, Maryland
January 9, 2012
WHEREUPON, the proceedings in the above-entitled
matter commenced
BEFORE: THE HONORABLE NELSON W. RUPP, JR., JUDGE
APPEARANCES:
FOR THE PLAINTIFF:
BRETT KIMBERLIN, Pro Se
(No address provided)
FOR THE DEFENDANT, AARON WORTHING:
AARON WALKER, Pro Se
(No address provided)
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
3/24
I N D E X
Page
Judge's Ruling 23
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
4/24
am 4
P R O C E E D I N G S1
THE COURT: Civil 339254, Kimberlin versus Seth2
Allen. And you are?3
MR. KIMBERLIN: I'm Brett Kimberlin.4
THE COURT: All right.5
MR. WALKER: My name is Aaron Walker. I am the6
blogger known as Aaron Worthing. And I have an emergency7
motion against Mr. Kimberlin for his gross misconduct in this8
case, and I'd like to be heard. I know it's unusual.9
THE COURT: It's not here on your proceeding.10
MR. WALKER: I understand, Your Honor.11
THE COURT: So I'm not going to hear it.12
MR. WALKER: Your Honor, he filed an improper motion13
before this Court on Friday. I had no notice until Saturday14
morning that he had done that. He has, in a blatant attempt t15
stalk and oppress me, he has put --16
THE COURT: Hold it. Hold it.17
MR. WALKER: Yes. I'm sorry.18
THE COURT: First off, you don't have any right to b19
saying anything. And you don't have a right to be laughing.20
There's a motion to withdraw as moot plaintiff's motion to21
compel seeking identity of Aaron Worthing.22
MR. KIMBERLIN: Yes.23
THE COURT: And then there's a, plaintiff's response24
to Aaron Worthing's motion to quash. And you're Mr. Worthing?25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
5/24
am 5
MR. WALKER: Well, I'm Aaron Walker, and I blog as1
Mr. Worthing, that's correct.2
THE COURT: Are you requiring that he come to court3
today?4
MR. KIMBERLIN: Judge, initially I, he's an anonymou5
blogger who's been involved with the stalker.6
THE COURT: But why are you, why is he here?7
MR. KIMBERLIN: And so, I didn't ask him to be here.8
He just foisted himself on this hearing.9
THE COURT: Well, he says he's been summonsed.10
MR. KIMBERLIN: No.11
MR. WALKER: Well, no, no, no.12
MR. KIMBERLIN: He wasn't summonsed.13
MR. WALKER: If I may explain, Your Honor.14
THE COURT: All right.15
MR. WALKER: He did actually initially ask me to16
testify today in his initial correspondence with me. If he's17
not interested in my testimony today, then I would ask why he18
has subpoenaed this Court in order to obtain my identity.19
MR. KIMBERLIN: I withdrew that.20
THE COURT: It's been withdrawn.21
MR. WALKER: Yes. But I understand, but why did he22
do that in the first place?23
THE COURT: Well, it's been withdrawn, so it's, he24
says it's withdrawn. It's moot.25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
6/24
am 6
MR. WALKER: But Your Honor, if you look at what he1
has filed today, all he had to do in order to file that motion2
was to tell the Court that he obtained my information. He did3
not have to even say my name. Instead, in this public document4
now, he has put my name, he has put my home address, he has put5
my birth date, he has put the high school I went to. He put6
the fact that I dropped out of high school in this. He put th7
fact that I received a GED. He put the fact that I went to th8
University of North Texas. He went and put in the fact that I9
sued the law school admissions council. He put in the fact10
that I was admitted to Yale Law School and graduated in the11
class of 2002. He put down my current job with my current12
employer and their address as well.13
His intent in doing this was so that it becomes a14
public record so that him and his friends can put this out into15
the public so they can stalk and harass me. It is plain on th16
face of this. And I would ask Your Honor to swear him in and17
ask why he put all this unnecessary information in this, in18
this filing.19
THE COURT: Well, it's been withdrawn as moot.20
MR. WALKER: Well, I'm talking about the motion to21
withdraw itself.22
THE COURT: Well, it's done. It's no longer in23
effect.24
MR. WALKER: But this is a public document. And his25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
7/24
am 7
friends will then take this public document, his motion to1
withdraw as moved, and they will put it out, and then put out2
all of my information.3
THE COURT: Are you asking that this be sealed?4
MR. WALKER: I would like this to be sealed. I woul5
like --6
THE COURT: Any objection to sealing it, Mr.7
Kimberlin?8
MR. KIMBERLIN: Judge, this --9
THE COURT: Say yes or no.10
MR. KIMBERLIN: Yes, I object.11
THE COURT: Why?12
MR. KIMBERLIN: Why?13
THE COURT: Yes, why. Why should all of this be a14
matter of public record?15
MR. KIMBERLIN: This man has engaged in stalking wit16
the defendant in this case.17
THE COURT: Well, there's no order against him in18
this case.19
MR. KIMBERLIN: No, there's no order against him.20
But he --21
THE COURT: So why is he even a part of this case?22
MR. KIMBERLIN: He did it anonymously. Initially, I23
wanted to call him as a witness. And then when I filed the24
motions to call him as a witness, he began trying the case in,25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
8/24
am 8
on his blog. He filed every, he posted every motion on his1
blog. And he kept accusing me of all kinds of terrible things2
on his blog. And he ridiculed me. He taunted me. He3
threatened me. He had people posting on his blog that I was a4
terrorist and a pedophile and all this other stuff.5
And he engaged in unethical behavior. He said that6
he represented the defendant in this case as an anonymous7
person. He can't, a lawyer cannot represent someone as an8
anonymous person. He asked to be identified. I mean, he went9
on his blog and said I am representing, I entered into an10
attorney-client privilege relationship with Seth Allen as Aaron11
Worthing. And he's not even a lawyer in this jurisdiction. H12
lives in Virginia. He can't represent somebody as a fake13
person, in a pseudonym. I mean, that's -- and so he put14
himself out there to be identified.15
I mean, if he's a lawyer, fine. I have a right to16
determine if he's a lawyer. He can't say that he's anonymous17
and he's representing Seth Allen. It just, it didn't make18
sense. And so I said, well, I need to find out who this guy19
is. If he's saying he represents somebody in a case against20
me, then I need to be able to identify him. And so I21
identified him. And I didn't want him to come out and say --22
the reason I put all that information in the document was23
because Mr. Worthing has called me a liar over and over and24
over. And I wanted to, everybody to know --25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
9/24
am 9
THE COURT: Why is this even in the court? This is1
incredible to me.2
MR. KIMBERLIN: I know. It's really incredible.3
THE COURT: No. I mean, the whole thing is4
incredible. I'm going to, there's a motion that was, to quash5
that was filed on behalf of, it was filed originally by --6
MR. WALKER: If you're looking, it's Seth Allen, I7
suspect.8
THE COURT: No. It was filed by Elizabeth --9
MR. KIMBERLIN: Kingsley.10
THE COURT: -- Kingsley.11
MR. KIMBERLIN: Yeah.12
MR. WALKER: Oh, that would be the attorney who13
represented me in the past.14
THE COURT: And she filed a motion to file15
anonymously or to file under seal.16
MR. KIMBERLIN: Right.17
THE COURT: And she's filed that. And I'm going to18
grant the request to file this anonymously or under seal.19
MR. KIMBERLIN: Okay.20
THE COURT: And I'll grant the request to seal the21
information that's contained at Docket Entry 114, which is the22
motion to withdraw as moot.23
All right. Sir, that concludes your --24
MR. WALKER: Actually, I would like a little more25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
10/24
am 10
relief, if you don't mind me taking a moment.1
THE COURT: That's it. No. I'm done. You're done.2
MR. WALKER: All right. Thank you, Your Honor.3
THE COURT: All right. Mr. Kimberlin, I received a4
phone call, well, actually, my secretary received a phone call5
from Mr. Allen --6
MR. KIMBERLIN: Right.7
THE COURT: -- with a 508 area code number --8
MR. KIMBERLIN: Right.9
THE COURT: -- requesting that he be allowed to10
participate by telephone. And he made representations that he11
had submitted written requests to participate by telephone. I12
checked with the clerk's office. I don't see any written13
requests having been made.14
But I've reviewed Docket Entry Nos. 99 and 100, which15
are your motions for contempt of court, against Mr. Allen. An16
I have to tell you I'm a little puzzled as to what it is you're17
claiming that he's done that constitutes contempt of court.18
MR. KIMBERLIN: All right. I'll be happy to go into19
that. Are we going to have Mr. Allen on the phone or --20
THE COURT: No.21
MR. KIMBERLIN: So I proceed. Okay.22
THE COURT: I want to know why you think he should b23
held in contempt of court.24
MR. KIMBERLIN: Well, I have a memorandum. Can I25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
11/24
am 11
just walk you through it? Can I hand you a copy of it?1
THE COURT: Well, if you can't tell me just by2
looking at it --3
MR. KIMBERLIN: No. I can tell you.4
THE COURT: I mean --5
MR. KIMBERLIN: I can certainly --6
THE COURT: -- let me see what you have.7
MR. KIMBERLIN: I can certainly tell you.8
THE COURT: And you're submitting today a 23-page9
memorandum. And, you know, these cases are set for hearings.10
MR. KIMBERLIN: I'm just going to walk you through11
it, Judge. I mean, I just wanted you to have this in front of12
you.13
THE COURT: Just give me the bottom line.14
MR. KIMBERLIN: Okay. The --15
THE COURT: Why do you think he should be held in16
contempt of court? And I don't want to hear anything about17
Judge Jordan. It has nothing to do with what's before me.18
MR. KIMBERLIN: With what?19
THE COURT: This has nothing to do with what's befor20
me. Judge Jordan isn't the subject of the order that you're21
seeking contempt of court.22
MR. KIMBERLIN: No, I know.23
THE COURT: So what is it that you think that he's24
done?25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
12/24
am 12
MR. KIMBERLIN: There's two things. Judge Jordan1
issued an order on November 14th at a damages hearing where he2
issued a permanent injunction against Mr. Allen, prohibiting3
him from defaming me or --4
THE COURT: Right. I saw that.5
MR. KIMBERLIN: -- interfering with my business.6
THE COURT: I saw the order.7
MR. KIMBERLIN: And so Mr. Allen kept telling the8
judge at the time that he was done blogging about me, that he9
was not going to say anything more about me.10
THE COURT: Well, the order says he's to enjoin11
permanently from engaging in tortious conduct constituting12
defamation of or interference with business relations of the13
plaintiff, Brett Kimberlin.14
MR. KIMBERLIN: Right. Uh-huh. And so --15
THE COURT: So what is it that he's done that leads16
you to believe he's violated this order?17
MR. KIMBERLIN: And, you know, at the time, Judge18
Jordan was very clear to him. He said I want you to leave19
this man alone. I want you to quit blogging about him. I wan20
you to quit talking about him. And I can read you from the21
transcript, if you want. It's on page 7.22
THE COURT: It's one thing to say that --23
MR. KIMBERLIN: No.24
THE COURT: -- but this is what's ordered here.25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
13/24
am 13
MR. KIMBERLIN: I know, but I --1
THE COURT: Defamation, interference of business2
relations.3
MR. KIMBERLIN: Right.4
THE COURT: And to talk about somebody doesn't5
constitution defamation.6
MR. KIMBERLIN: Well, it's, he's not just talking7
about me. He's --8
THE COURT: Well, tell me what he's done that you9
believe constitutes a violation of this court order.10
MR. KIMBERLIN: Well, first of all, in August, August11
8th, Judge Rubin entered a preliminary injunction --12
THE COURT: Well, this is a November 14 order.13
MR. KIMBERLIN: I understand.14
THE COURT: This isn't Judge Rubin's order.15
MR. KIMBERLIN: I understand, but there was a16
preliminary injunction in this case requiring, ordering Mr.17
Allen to delete a number of blog posts that he had made on his18
blog. And Mr. Allen refused to do so, so Google actually19
deleted those blog posts.20
So as soon as the hearing was over here on November21
14th, Mr. Allen then reposted those blog posts, and that is the22
subject of the permanent injunction. He said, I had a23
preliminary injunction already finding that these blog posts24
were defamatory in August. Judge Jordan made this injunction25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
14/24
am 14
permanent and prohibited him from, from doing so in the future1
And he told him at the hearing, he said, if you write about2
Mr. Kimberlin, you do so at your peril and you can be in front3
of the court on contempt. So he was told explicitly not to4
blog about me, not to defame me, not to repost these, these5
things that he had already posted.6
So since then, he's, I mean, I can just show you the7
different posts here. It's literally hundreds of pages of8
posts. I mean, he didn't just repost what he had been ordered9
to take down in August in a preliminary injunction, he went on10
and on. I mean, and not only that, he attacked the judge in11
the case, I mean, Judge Jordan. He called him the worst names12
you could possibly imagine.13
And this morning, he's blogged about you, Your Honor14
He's called you names in two posts this morning. I mean, of15
course, it's no big deal, but it just shows that there's16
contempt here. And he's contemptuous of the Court's order. H17
has, you know, totally ignored the Court's admonition, both18
during the hearing and afterwards. He's posted and posted and19
posted. He's reposted. And, you know, he calls me all kinds20
of things. He calls me a terrorist. He calls me a cyber21
smearer. He calls me a pedophile. He calls me a perjurer.22
THE COURT: Well, I've read the --23
MR. KIMBERLIN: I mean, he --24
THE COURT: -- 20 items that you've submitted in you25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
15/24
am 15
memorandum.1
MR. KIMBERLIN: Right.2
MR. WALKER: Well, Your Honor, if I may, I'm sorry t3
break in a second time.4
THE COURT: You know, I had a sheriff up here,5
because I didn't think one would be needed. I'm about to get 6
sheriff to escort you out of the courtroom.7
MR. WALKER: I don't understand --8
THE COURT: You're not breaking in. Sit down.9
MR. WALKER: I felt a need to explain something to10
the Court, if I could.11
THE COURT: All right. I've got the 20 items here.12
MR. KIMBERLIN: Well, I can show you these. I mean,13
this is --14
THE COURT: What are those?15
MR. KIMBERLIN: This is the stuff that he's posting16
on his blog.17
THE COURT: Well, what's currently posted?18
MR. KIMBERLIN: This is all stuff since November 14t19
that he's posted.20
THE COURT: What's currently posted as of today?21
MR. KIMBERLIN: Oh, today about you?22
THE COURT: No, I don't care. I'm not interested23
about me. What is he --24
MR. KIMBERLIN: I'm saying all this is posted on his25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
16/24
am 16
blog.1
THE COURT: Didn't he take all of that down?2
MR. KIMBERLIN: No. Google took it down in August.3
And as soon as the judge, he got back after the November 14th4
hearing, he reposted it and posted more stuff. I mean, it's5
like I said, this is all since November 14th, this stuff. And6
it's all about my business, and it's all about me. I mean, I7
was arrested 32 years ago on a case. I got out of jail. I di8
my time. I run two non-profits in this, in this wonderful cit9
working with kids and congress members and community leaders.10
And you know, I have two kids and a wife. And this guy will11
not leave me alone. He wants to post stuff that happened 3212
years ago. You know, he dug up 32-year-old mug shots of me13
that I had never even seen before, that had never been posted.14
THE COURT: Well, that doesn't constitute defamation15
It's all true.16
MR. KIMBERLIN: It's not true.17
THE COURT: What, that you were arrested?18
MR. KIMBERLIN: I'm not a terrorist. I'm not a19
terrorist. I'm not a pedophile. I mean, that's not true.20
You know, and the other thing is, you know, my21
original case had to do with not just defamation. It had to d22
with interference with business. What he's doing in this is t23
interfere with my business. He posts this on the blog to24
interfere. And we had a big hearing about this at the damages25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
17/24
am 17
hearing. And the judge, Judge Jordan heard over and over, you1
know, how, what his goal is --2
THE COURT: And you have there what's currently on3
the, what currently exists, is that correct?4
MR. KIMBERLIN: Like I said, this is all since5
November 14th.6
THE COURT: But that's currently what's on his --7
MR. KIMBERLIN: That's what on his blog, yeah.8
THE COURT: As of right now?9
MR. KIMBERLIN: Yes. And I have a list of it --10
THE COURT: All right. Let me see it.11
MR. KIMBERLIN: You want to see it? Okay.12
THE COURT: All right. This one is dated November13
23rd. I don't see anything in here that would constitute --14
MR. KIMBERLIN: Well, I mean --15
THE COURT: -- defamation.16
MR. KIMBERLIN: -- there's a lot of stuff in there,17
so I could certainly find it, you know. But what does is he18
mixes, he posts something, and then he'll say, oh, and then19
Kimberlin, the speedway bomber, the terrorist, the perjurer,20
and the pedophile did this or that. And you know, what he doe21
is he tries to do this so that he can get it on Google or get22
it on the search engines, and then people who might want to23
donate to my business, which is what Judge Jordan heard the24
whole case about, won't want to help me, won't want to donate25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
18/24
am 18
to my non-profits. And he does this intentionally to harm my1
business. And Judge Jordan was very explicit, you know, don't2
mess with this guy anymore. Leave him alone. And he doesn't3
leave me alone. I mean, he's even threatened Judge Jordan.4
And like I say, it's not true, what he says is not5
true. I'm not a hoaxster. I'm not a fraudster. That's what6
he calls me. I'm a hoaxster. I'm a fraudster. I'm a con man7
all this stuff. You know, our non-profits are sanctioned by8
Guide Star, Network for Good, the Secretary of State of9
Maryland, the Better Business Bureau. We have not had any10
problems with anything, except Mr. Allen. Only in his mind am11
I a fraudster or a hoaxster or a conman and all these other12
things.13
And he'll do a long post that you're reading, and14
then all of a sudden in the middle of it, you'll see, you know15
Kimberlin this, Kimberlin and his partner, Brad Friedman, are16
hoaxsters, fraudsters. And he does this to hurt my business17
and to harass me. And the original complaint charged18
harassment. That's what this man is doing.19
THE COURT: All right. I've read the one dated20
November 16, 2011, and I don't see anything in there that would21
constitute defamation.22
MR. KIMBERLIN: Judge, it's not just defamation.23
It's interference with my business. That's what Judge Jordan24
was very clear about.25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
19/24
am 19
And he, you know, he's reposted posts that were1
already ordered deleted by Judge Rubin in a preliminary2
injunction. And Judge Jordan, after a long hearing, made that3
injunction permanent. And he just went straight out and4
reposted them and bragged about it, and said, you know, that he5
wasn't going to listen to the Court. He wasn't going to liste6
to Judge Jordan.7
THE COURT: And I've read the second one dated8
November 16, 2011. I don't see any defamation in there.9
All right. I've just read the one dated November 1910
and I don't see any defamation in there.11
MR. KIMBERLIN: Judge, when he, when he posts things12
from my blogs with --13
THE COURT: He posts things from your blogs, is that14
what you said?15
MR. KIMBERLIN: He'll take pictures of things from16
our non-profit organization's blogs, and he'll put them in17
here, interspersed with allegations of murder and terrorism and18
hoaxting and frauding and things like that. That is19
harassment, and it's interference with my business. Judge20
Jordan told him not to interfere with my business. That's his21
whole goal. He's admitted on his blogs that he wants to22
destroy my business.23
Judge Jordan told him at the hearing, leave this man24
alone. He's not left me alone. He's doubled down. Judge25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
20/24
am 20
Jordan told him to let me get on with my life.1
THE COURT: I've read the November 18 and November 22
blogs. I don't see anything in there that's defamation.3
MR. KIMBERLIN: I have a peace order against Mr.4
Allen because he threatened to murder me.5
THE COURT: I have read the one dated December 10 an6
another one dated November 18. I don't see anything in there7
that constitutes defamation. November 20. I've read the one8
for December 20. And there certainly are offensive comments,9
but I don't see they rise the level of defamation.10
MR. KIMBERLIN: But they interfere with my business.11
That's the second part of Judge Jordan's ruling. And he does12
this on purpose, because my business is basically virtual. It13
relies on the internet. And people --14
THE COURT: What evidence do you have that this, tha15
anything has, anything specifically has interfered with your16
business?17
MR. KIMBERLIN: Well, I know for a fact that people,18
when they Google my name, the first thing that comes up is Mr.19
Allen's posts about me being a terrorist or a whatever. And20
they go and read his blog. And then they don't donate to our21
organization. This was a very big issue in the November 14th22
hearing. And Judge Jordan found that Mr. Allen was interferin23
with my business. And he ordered him not to do that. He24
ordered him to, if he was going to write, that he did so at hi25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
21/24
am 21
own peril.1
And for him to be able to repost posts that Judge2
Jordan had already found to be defammatory in a preliminary3
injunction is wrong. I mean, that's why Judge Jordan made tha4
a permanent injunction, so that Mr. Allen would not be5
reposting the same stuff. He regurgitates the same stuff 326
years ago. And Judge Jordan, you know, when he was issuing hi7
order, he said 32 years is a long time, Mr. Allen. Even8
though you say you're propounding the truth, what for? That'9
what Judge Jordan said. Mr. Kimberlin should be allowed to10
get along with his life, get on with his life. And he says a11
the end, give the man a break. His kids and wife don't need12
to be reading about his past on the internet. That's what13
Judge Jordan told him.14
And he told Judge Jordan over and over, Judge, I'm15
done blogging about Mr. Kimberlin. I'm done. I won't blog16
about him anymore. That's what he said. And the Judge gave17
him a break with $100 nominal judgment and said just don't18
blog about this guy anymore. And now what does he do? He19
doubles down. And he said this morning in his post that if yo20
don't rule in his favor, you're going to get it. And he used 21
lot worse terms than that.22
THE COURT: He said in this last blog, which is23
apparently dated December 31st, this is the first I've seen of24
any requests to postpone the hearing and to allow him to25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
22/24
am 22
testify telephonically. And in this blog, and I don't know wh1
he thinks the Court's going to know what he blogs about, but in2
any event, he says that he was never served with the petition3
for contempt.4
MR. KIMBERLIN: I realize what he says. I mean, he5
says a lot of things. I mean, he, when he was before Judge6
Jordan, he cried poverty. He cried --7
THE COURT: Well, what evidence is there of service8
of the contempt petition?9
MR. KIMBERLIN: Well, I mean, that's up to the court10
I mean the court sent him --11
THE COURT: No, it's up to you.12
MR. KIMBERLIN: No. The court sent him service.13
THE COURT: No.14
MR. KIMBERLIN: And, of course, he knows about it. 15
mean, he's known about it. He's been blogging about it. He's16
known about the case. I mean, like I said, this morning he17
blogged about it. He said that it's a half-hour session, that18
Judge Rupp has the case. I mean, he knows everything about19
this case. And, you know, of course, the court sent me copies20
of the order about the hearing and sent him copies, too.21
I mean, if you want to continue this hearing, I'll be22
happy to agree to a continuance and allow Mr. Allen to come23
here and make his case. That's fine with me. I would actuall24
like that.25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
23/24
am 23
THE COURT: All right. Anything further?1
MR. KIMBERLIN: Yes. Could we get a continuance and2
allow Mr. Allen to appear? And I, if we get a hearing date, I3
will hire a sheriff to serve him personally in Massachusetts.4
JUDGE'S RULING5
Well, I've reviewed what's been submitted. I've6
reviewed one, two, three, four, five, six, seven different set7
of blogs that have been submitted, as well as the memorandum,8
which contains on page 7, items 1 through 20 of support of the9
plaintiff's petition to hold Mr. Allen in contempt. I do not10
find that there is sufficient evidence that would allow me to11
conclude that Mr. Allen is in contempt after reviewing all of12
these documents. I'm going to deny the petition for contempt.13
The Court's in recess.14
THE CLERK: All rise.15
The Court stands in recess.16
(The proceedings were concluded.)17
18
19
20
21
22
23
24
25
8/2/2019 Brett Kimblerlin v. Seth Allen Transcript 1.9.12 (OCR)
24/24
am 24
/ Digitally signed by Audrey Murphy
DIGITALLY SIGNED CERTIFICATE
DEPOSITION SERVICES, INC. hereby certifies that the
foregoing pages represent an accurate transcript of the
duplicated electronic sound recording of the proceedings in the
Circuit Court for Montgomery County in the matter of:
Civil No. 339254
KIMBERLIN
v.
ANONYMOUS CYBER STALKER, ET AL.
By:
Audrey Murphy
Transcriber