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MFL To File Supplement (Redacted)
MFL To File Supplement (Redacted)
BRETT KIMBERLIN,
Plaintiff
v.
Opposition to the Plaintiffs Motion to Stay (Dkt. No. 156) in order to inform this Court of a
decision of the Court of Special Appeals that bears directly on the Plaintiffs motion.
2.
Specifically, the Court of Special Appeals has ruled in Mr. Walkers favor in
Kimberlin v. Walker, et al., Sept. Term 2014 Nos. 1553 and 2099, Sept. Term 2015 No. 365 (Md.
App. 2016), which is an appeal of this Courts decision in Kimberlin v. Walker, et al., No.
380966V (Md. Mont. Co. Cir. Ct. 2013).
3.
As this Court will recall, on January 19, 2016, the Plaintiff filed a motion to stay
this Courts January 12, 2016, ruling granting a dismissal and partial summary judgment in Mr.
Walkers favor (Dkt. No. 155).
4.
In that motion, the Plaintiff specifically asked this Court to delay its ruling until
the Court of Special Appeals could rule on his appeal if Kimberlin v. Walker, et al.
5.
The Court of Special Appeals ruling is obviously highly relevant since it moots
the Plaintiffs motion for a stay on its own terms: he asked for a stay until the Court of Special
Appeals ruled, and it has, affirming this Courts decision. Further, Mr. Walker could not have
brought it up when opposing the Plaintiffs motion to stay, because the Court of Special Appeals
had made its decision public at that time Mr. Walker filed his opposition on January 28, 2016.
6.
supplement to his motion to stay (which has been filed simultaneously with this motion),
informing this Court of that ruling and providing a copy of it.
WHEREFORE, Defendant Aaron J. Walker, Esq. should be granted leave to file a Supplement to
his Opposition to the Plaintiffs Motion to Stay (Dkt. No. 156), and all other relief that is
appropriate.
Respectfully submitted,
CERTIFICATE OF SERVICE
I certify that on the
day of
, 2015, I served copies of this
document on Brett Kimberlin at [redacted], Bethesda, Maryland 20817, via U. S. Mail, on the
following co-Defendants via email: William Hoge via Patrick Ostronic; DB Capital Strategies
and Dan Backer, Esq. via Dan Backer, Esq; and Lee Stranahan.
MARYLAND:
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY
BRETT KIMBERLIN,
Plaintiff
v.
day of
, 2016, hereby
ORDERED that Defendant Walkers Motion for Leave to File a Supplement to his
Opposition to the Plaintiffs Motion to Stay is GRANTED.