So in Part 1 we saw where after Ron Brynaert tried, and (hilariously) failed for two days to try to obtain my real name. On the third day Brett Kimberlin decided to make a go of it, by asking me to voluntarily reveal my real name, threatening to use legal process to accomplish these goals. You see Brett had sued Seth Allen a.k.a. Socrates and/or Prepostericity, for different statements that were allegedly defamation and won a momentous victory last month of an entire $100 worth of damages, which Patterico roundly mocked at the link. While Mr. Allen was being sued Mr. Allen reached out to me for help and I entered into an attorney-client relationship with Mr. Allen, offering him legal advice, for free, although there was a sharp limit to what I could do given that I was not a Maryland lawyer. And remarkably Kimberlin wanted me to ask Mr. Allen to waive attorney-client privilege and then testify against Mr. Allen.
Now the email Mr. Kimberlin sent was delivered on December 15 at 12:15 a.m. and it was ostensibly giving a chance to voluntarily comply before he resorted to the legal process. Given that by his own admission I was very likely to need to ask Mr. Allen’s permission to even contemplate such compliance, how long should he give me before dropping the hammer? A week? Two weeks? A month?
No, how about two entire business days and the weekend before Christmas? Does that sound reasonable to you?
So last Monday morning I got this email from Mr. Kimberlin (all spelling and grammatical errors are his):
from Justice Through Music justicejtmp@comcast.net
to edmd5.20.10@gmail.com, AaronJW72@gmail.com
date Mon, Dec 19, 2011 at 9:34 AM
subject Motion To Compel Re Kimberlin v Allen
mailed-by comcast.net
Dear Mr. Worthing,
My name is Brett Kimberlin and I am writing you regarding a legal matter in which you are a potential witness. This correspondence is strictly for legal purposes and you do not have my permission to republish this email or its contents in any public venue.
Attached please find a MOTION TO COMPEL GOOGLE.COM AND/OR ITS SUBSIDIARY BLOGGER.COM TO DISCLOSE THE IDENTITY AND ADDRESS OF A BLOGGER WHO USES THE FALSE NAME AARON WORTHING AND WHO HAS BEEN ASSISTING AND CONSPIRING WITH DEFENDANT SETH ALLEN TO DEFAME, HARASS, STALK AND HARM PLAINTIFF filed today in Montgomery County Circuit Court.
Under INDEPENDENT NEWSPAPERS, INC.v. Zebulon J. BRODIE. 966 A.2d 432 (2009), I am required to provide you notice that I seek your identity, which I did in last Thursday’s email to you, a copy of which is attached to the Motion as Exhibit A, and to which you did not respond. Under Brodie, you also have a right to respond to this Motion to Compel.
In addition, I have also served Google with a subpoena to produce all records related to your two blogs and your two email accounts.
If you have any questions, please feel free to contact me, either directly or through your attorneys.
Sincerely,
Brett Kimberlin [phone number omitted]
Now, he attached a copy of that motion to compel and I’ll show you that in a moment, but Mr. Kimberlin needs to understand something. Here, I think I will let Admiral Akbar explain:
But he has made a very serious tactical error. You see up until now, it has just been him against Seth Allen and Seth... God bless him, but he is not a very good advocate for himself. I hate to say that and possibly hurt his feelings, but it’s the truth.
I, on the other hand, am a pretty good advocate. There have been a number of people who have claimed that I am not really a lawyer, etc. They are about to be disabused of that notion permanently when I file my response to Mr. Kimberlin in court, hopefully by COB tomorrow. I can say with some confidence that no one reading my filing will doubt that I am a real lawyer.
And you see here’s the thing. My response is not going to be limited to trying to prevent Mr. Kimberlin from getting my identity. This motion to compel depends on having a viable injunction against Mr. Allen in the first place. Therefore I have standing to challenge the validity of the injunction against Mr. Allen. So where up until now Mr. Allen had no one to help him in court, he will have me to help him. Indeed, Mr. Kimberlin has forced me into a position in which it is in my best interest to try to help Mr. Allen by getting his injunction dismissed.
And like I said, I am a pretty good advocate. And the most beautiful part is that I can do all of this, without revealing my name. The courts do allow you to appear anonymously in order to protect your right to remain anonymous.
And Mr. Kimberlin apparently thinks he is hot sh*t in the courtroom, but in fact he is not a very good advocate. You don’t believe me? Then presented without further comment is his motion to compel.
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
BRETT KIMBERLIN :
:
Plaintiff, :
:
v. : Case No. V 339254
:
SETH ALLEN,
Aka
ANONYMOUS CYBER STALKER :
SOCRATES, :
PREPOSTERICITY, :
DAVE FROM QUEENS2, :
:
:
Defendant. :
MOTION TO COMPEL GOOGLE.COM AND/OR ITS SUBSIDIARY BLOGGER.COM TO DISCLOSE THE IDENTITY AND ADDRESS OF A BLOGGER WHO USES THE FALSE NAME AARON WORTHING AND WHO HAS BEEN ASSISTING AND CONSPIRING WITH DEFENDANT SETH ALLEN TO DEFAME, HARASS, STALK AND HARM PLAINTIFF
Plaintiff Brett Kimberlin moves this Court under INDEPENDENT NEWSPAPERS, INC.v. Zebulon J. BRODIE. 966 A.2d 432 (2009), to compel the disclosure of a blogger who uses the pseudonym name Aaron Worthing (“Mr. Worthing”) on various blogs that have defamed Plaintiff in association with Defendant Seth Allen. One of the BRODIE standards is that the Plaintiff must “notify the anonymous posters that they are the subject of a subpoena or application for an order of disclosure….”
1. Mr. Worthing blogs or has blogged for several blogs, including www.Patterico.com, [redacted] and http://allergic2bull.blogspot.com/.
2. Mr. Worthing has been conspiring with Defendant Seth Allen to defame Plaintiff for over a year and, on August 22, 2011, received an email response from Defendant Allen, which included a threat to murder Plaintiff. Exhibit A. Mr. Allen was subsequently arrested for criminal harassment because of that threat, and Judge Sarsfield issued a Peace Order against him.
3. Following this Court’s judgment and permanent injunction of November 14, 2011, Defendant Allen continued to correspond with Mr. Worthing. During that time, Mr. Allen violated the injunction by defaming Plaintiff, and Mr. Allen also repeatedly attacked Judge Richard Jordan with threats, invectives, and contemptuous comments and posts.
4. On or about December 6, 2011, Mr. Worthing was banned from blogging on www.patterico.com after the moderator of that blog, John Patrick Frey, learned that Mr. Worthing had been blogging under a fake name and had created a separate blog designed to inflame hostilities of Muslim hardliners called [redacted].
5. Mr. Worthing has stated on several different blogs that he is an attorney.
6. On December 17, 2011, Plaintiff Kimberlin, via an email to Mr. Worthing, asked him to voluntarily appear as a witness in the January 9, 2012 Contempt Hearing to give testimony about Defendant Allen’s contemptuous and criminal conduct. Exhibit B. If Mr. Worthing did not want to appear voluntarily, Plaintiff asked Mr. Worthing to provide his real name and address so Plaintiff could subpoena him. Mr. Worthing has stated in various blog posts that he lives in the Washington, DC metro area.
7. Mr. Worthing has not responded to Plaintiff’s request.
8. Mr. Worthing, if he is an attorney who has been conspiring with Defendant Allen to commit intentional torts, may be in violation the Rules of Professional Conduct and may be a conspirator and aider and abettor of Mr. Allen’s intentional torts and contemptuous conduct.
9. Mr. Worthing refused to answer interrogatories sent to him on or about September 26, 2011 pursuant to this Court’s order allowing post judgment discovery. Plaintiff served those interrogatories on Mr. Worthing’s supervisor at www.patterico.com because Plaintiff could not locate any attorney in the United States named Aaron Worthing. It was not until December 6, 2011 that Plaintiff learned that Mr. Worthing had been misleading Mr. Frey and his readers as to his real identity.
10. Mr. Worthing is an important witness in this case. He has been conspiring with, advising, and aiding abetting Mr. Allen for over a year regarding Mr. Allen’s defamation, harassment and stalking of Plaintiff. Defendant Allen corresponded with Mr. Worthing dozens of times via email and through various blog posts. When Defendant Allen told Mr. Worthing that he wanted to murder Mr. Kimberlin, Mr. Worthing did not report this to law enforcement officials or cease his communication with Mr. Allen. When the District Court issued a Peace Order against Defendant Allen on October 13, 2011, Mr. Worthing continued to associate, advise and correspond with him. When this Court issued its judgment against Defendant Allen on November 14, 2011, Mr. Worthing continued to associate, advise and correspond with him.
11. Mr. Worthing, as a conspirator and aider and abettor of Defendant Allen, had actual knowledge that Defendant Allen was defaming, harassing, and stalking Plaintiff. Mr. Worthing not only read all of Mr. Allen’s defamatory posts and comments, but he advised Mr. Allen on how he could defame and harass Plaintiff by using various legal strategies. Defendant Allen relied on Mr. Worthing’s assistance, advice and support.
12. Mr. Worthing has used his pseudonym to hide his unethical, tortuous and possibly criminal conduct with regard to his association with Defendant Allen.
WHEREFORE, Plaintiff moves this Court to Order Google Inc. or its subsidiary Blogger.com to provide Plaintiff with the identity of the registrant of the following blogs and emails belonging to Aaron Worthing:
1. Subscriber/registrant information for the Google Blogspot Blog, http://allergic2bull.blogspot.com/
2. Subscriber/registrant information for the Google Blogspot Blog, [redacted]
3. Subscriber/registrant information for the Google email, edmd5.20.10@gmail.com
4. Subscriber/registrant information for the Google email, AaronJW72@gmail.com
An ORDER is attached.
Respectfully submitted,
Brett Kimberlin
[address and attachments omitted.]
Tune in tomorrow. Hopefully I will have filed my response with the court and I can share much of its text with you. And hopefully it will be interesting.
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Follow me at Twitter @aaronworthing, mostly for snark and site updates.
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