Brett Kimberlin Motion to Compel (OCR)

8/2/2019 Brett Kimberlin Motion to Compel (OCR)

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IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY,MARYLAND

BRETT KIMBERLINPlaintiff,v.

SETH ALLEN,AkaANONYMOUSCYBERSTALKERSOCRATES,PREPOSTERICITY,DAVE FROM QUEENS2,

Defendant.

Case No. V 339254

MOTION TO COMPEL GOOGLE.COMAND/OR ITS SUBSIDIARYBLOGGER.COM TO DISCLOSE THE IDENTITYAND ADDRESS OF A

BLOGGERWHO USES THE FALSE NAME AARONWORTHING AND WHOHAS BEEN ASSISTING AND CONSPIRINGWITH DEFENDANT SETHALLENTODEFAME, HARASS, STALKAND HARM PLAINTIFF

PlaintiffBrett Kimberlin moves this Court under INDEPENDENT NEWSPAPERS,INC.v. Zebulon 1. BRODIE. 966 A.2d 432 (2009), to compel the disclosure of a bloggerwho uses the pseudonym name AaronWorthing ("Mr. Worthing") on various blogs thathave defamed Plaintiff in association with Defendant Seth Allen. One of the BRODIEstandards is that the Plaintiffmust "notify the anonymous posters that they are the subjectof a subpoena or application for an order of disclosure...."

1. Mr. Worthing blogs or has blogged for several blogs, includingwww.Patterico.com, www.everyonedrawmohammed.blogspot.com/, andhttp://allergic2buI1.blogspot.com!.


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2. Mr. Worthing has been conspiring with Defendant Seth Allen to defame Plaintifffor over a year and, on August 22,2011, received an email response fromDefendant 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 ofNovember 14,2011, Defendant Allen continued to correspond withMr. Worthing. During thattime, Mr. Allen violated the injunction by defaming Plaintiff, andMr. Allen alsorepeatedly attacked Judge Richard Jordan with threats, invectives, andcontemptuous comments and posts.

4. On or about December 6,2011, Mr. Worthing was banned from blogging onwww.patterico.com after the moderator of that blog, John Patrick Frey, learnedthatMr. Worthing had been blogging under a fake name and had created aseparate blog designed to inflame hostilities ofMuslim hardliners calledwww.everyonedrawmohammed.blogspot.com.

5. Mr. Worthing has stated on several different blogs that he is an attorney.6. On December 17,2011, PlaintiffKimberlin, via an email toMr. Worthing, asked

him to voluntarily appear as a witness in the January 9, 2012 Contempt Hearing togive testimony about Defendant Allen's contemptuous and criminal conduct.Exhibit B. I fMr. Worthing did not want to appear voluntarily, Plaintiff askedMr.Worthing to provide his real name and address so Plaintiffcould subpoena him.Mr. Worthing has stated in various blog posts that he lives in the Washington, DCmetro area.


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7. Mr. Worthing has not responded to Plaintiffs 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 ofProfessional Conductand may be a conspirator and aider and abettor ofMr. Allen's intentional torts andcontemptuous conduct.

9. Mr. Worthing refused to answer interrogatories sent to him on or about September26,2011 pursuant to this Court's order allowing post judgment discovery.Plaintiff served those interrogatories onMr. Worthing's supervisor atwww.patterico.com because Plaintiff could not locate any attorney in the UnitedStates named Aaron Worthing. It was not until December 6, 2011 that Plaintifflearned thatMr. Worthing had been misleadingMr. Frey and his readers as to hisreal identity.

10. Mr. Worthing is an important witness in this case. He has been conspiring with,advising, and aiding abettingMr. Allen for over a year regarding Mr. Allen'sdefamation, harassment and stalking of Plaintiff. Defendant Allen correspondedwith Mr. Worthing dozens oftirnes via email and through various blog posts.When Defendant Allen told Mr. Worthing that he wanted to murderMr.Kimberlin, Mr. Worthing did not report this to law enforcement officials or ceasehis communication with Mr. Allen. When the District Court issued a Peace Orderagainst Defendant Allen on October 13, 2011, Mr. Worthing continued toassociate, advise and correspond with him. When this Court issued its judgmentagainst Defendant Allen on November 14,2011,Mr. Worthing continued toassociate, advise and correspond with him.


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11. Mr. Worthing, as a conspirator and aider and abettor ofDefendant Allen, hadactual knowledge that Defendant Allen was defaming, harassing, and stalkingPlaintiff. Mr. Worthing not only read all ofMr. Allen's defamatory posts andcomments, but he advisedMr. Allen on how he could defame and harass Plaintiffby using various legal strategies. Defendant Allen relied onMr. Worthing'sassistance, advice and support.

12. Mr. Worthing has used his pseudonym to hide his unethical, tortuous andpossibly criminal conduct with regard to his association with Defendant Allen.

WHEREFORE, Plaintiffmoves this Court to Order Google Inc. or its subsidiaryBlogger.com to provide Plaintiff with the identity of the registrant of the following blogsand emails belonging to Aaron Worthing:

1. Subscriber/registrant information for the Google Blogspot Blog,http://allergic2buI1.blogspot.coml2. Subscriber/registrant information for the Google Blogspot Blog,http://everyonedrawmohammed.blogspot.coml3. Subscriber/registrant information for the Google [email protected]. Subscriber/registrant information for the Google [email protected]

An ORDER is attached.Respectfully submitted,Brett Kimberlin[address redacted]


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Certificate of ServiceI certify that I sent a copy ofthis motion to Aaron Worthing at his email

[email protected] and [email protected] this 20th day ofDecember, 2011.Plaintiff has also served Google.com with a copy of this Motion For Hearing at GoogleLegal Investigations Support 1600 Amphitheater Parkway, Mountain View, CA 94043Phone Number: 650-253-3425 Fax Number: 650-649-2939 E-mail: [email protected]

Brett Kimberlin


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From: Truth Seeker Date: Tue, Aug 23,2011 at 7:24 AMSubject: Re: Making progress - urgent requestTo: Aaron Worthing Cc: Liberty Chick , Andrew Breitbart, [email protected]

Hi Aaron, thanks for the response. I think the default judgement is just for thepreliminary injunction of deleting my blog. I am going to file motions myself. I will try tomake it down to the next court session. But this is bogus. I need to know who this sherriffis. The record is in that courthouse, not at the website you mention. Brett Kimberlin islying. That sounds like perjury and I want his parole officers to find out ifhe has yetagain perjured himself. And all this time Breitbart just stands on the sidelines as if I don'teven exist. I'll get this done myself if possible. I need to know that sherriffs name. I 'm nolawyer, but you can't make claims in court that are lies. That means Kimberlin should goback to jail if that's true. Whatever, maybe I should murder him. Maybe that will finallyget me some justice. This life sucks anyway. All anyone cares about is themselves andtheir own money. Freedom of speech is dead in America. Thanks for nothing Breitbart.

Exhibit A


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To: [email protected]: Thursday, December 15, 2011 12:15 AMSubject: Legal Notice From Brett Kimberlin

Dear Mr. Worthing:My name is Brett Kimberlin and I am writing you r e g a r ~ i n g a legal matter in which you are apotential witness. This correspondence is strictly for legal purposes and you do not have mypermission to republish this email or its contents in any public venue.Last year I sued Seth Allen for defamation, harassment, violation of privacy and interferencewith business, and, on November 14, 2011, the court issued judgment in my favor and issued apermanent injunction prohibiting Mr. Allen from further defaming me or interfering with mybusinesses. Despite that order, Mr. Allen immediately began against defaming me on his ownand other blogs, both in posts and comments, and posting in order to interfere with mybusiness. He also began a relentless attack on Judge Richard Jordan, who has issued thejudgment, calling him disparaging names, cursing at him, threatening him, and investigating himand his former law firm.I filed two motions for contempt outlining Mr. Allen's post judgment conduct, and have metwith the Montgomery County State's Attorney about pursuing criminal contempt chargesagainst Mr. Allen. Judge Jordan recused himself from hearing the contempt motions because ofthe personal attacks by Mr. Allen. On December 9,2011, a new judge issued an Order to ShowCause to Mr. Allen, and ordered a contempt hearing for January 9, 2012.Mr. Allen has continued his attacks, including a December 14th comment on his own blogstating that he will fight extradition and that Maryland officials can "kiss [his] ass."On August 23,2011, Mr. Allen responded to an email from you in which he made a threat tomurder me. I sought a peace order and the court, on October 13, 2011, made a clear andconvincing finding based on the email and Mr. Allen's behavior in court, that Mr. Allen poses athreat of death and physical harm to me.You are a potential witness in the contempt case because of Mr. Allen's correspondence withyou via email.Mr. Allen's correspondence with you after the judgment was issued, and hisstatements that he has gotten advice from you over the past year. Mr. Allen has stated that youare an attorney and that you were advising him on various legal matters.I would like to ask that you voluntarily appear as a witness in this case to testify about yourrelationship with Mr. Allen, your advice to him, and whether that advice included your legalopinion that, as Mr. Allen says, he has a First Amendment right to defame, harass, and stalk mebecause I am a "public figure." I would also like you to testify if you advised Mr. Allen that hecould attack Judge Jordan with his threats and posts under the First Amendment, and whetheryou told him that he could not be extradited to Maryland under a contempt order.


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Of course, if you have been acting as Mr. Allen's attorney, I would ask you to seek a waiver fromMr. Allen of the attorney client relationship so you can testify about these matters.If you do not agree to appear voluntarily, I ask that you provide me with your legal name andaddress so I can serve you with a subpoena to appear.If you do not want to provide me with your name and address, I may seek an order from theCourt under Brodie v. Independent Newspapers,http://www.courts.state.md.us/opinions/coa/2009/63a08.pdffo r your blog provider, emailhoster and IP provider to disclose your name and address. As you may know, the Court issuedsuch an Order to identify Mr. Allen, who had been posting as Socrates.I want to thank you in advance fo r your cooperation in this matter. I have been stalked for threeyears by Mr. Allen and it has to stop. I fyou or your attorney would like to chat with me aboutthis, please feel free to contact me by phone. I urge you to let me know your intentions as soonas possible because I have already begun preparing for the hearing, and your decisions couldimpact those preparations. With the holidays coming up, I want to make sure that any motions Ifile have a chance to be decided prior to the contempt hearing.Sincerely,Brett Kimberlin (301) XXXXXXXXX

Exhibit B

Brett Kimberlin Motion to Compel (OCR)

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Transcript of Brett Kimberlin Motion to Compel (OCR)