IN THE CIRCUIT COURT OF MONTGOMERY COUNTY AARON WALKER, Plaintiff, v. No 398855-V BRETT KIMBERLIN and TETYANA KIMBERLIN, Defendants. MOTION FOR ASSIGNMENT TO DIFFERENT JUDGE Now come Defendants Brett and Tetyana Kimberlin and move, pursuant to Maryland Rule 3-505(b), for the Administrative Judge of this Court to assign this case to a judge other than Judge Mason. In support of this motion, Defendants state the following: 1. This case was permanently assigned to Judge Mason for reasons unknown to Defendants and without their agreement. 2. This case never should have been assigned to Judge Mason since he was also assigned as the Judge in another case involving Defendant Brett Kimberlin, but in that case, he is the Plaintiff. See Kimberlin v. National Bloggers Club, 403868V. 3. There was no reason for this case to be assigned to a single judge. It is not complex and there is no reason to treat it differently than other civil cases. 4, Asattested to in the attached affidavit, Judge Mason has exhibited a bias against Defendants in this case that has colored his ability to rule fairly. Defendants believe that Judge Mason acquired that bias from the other civil case, which has been contentious and involved many defendants.5. Defendants previously filed a letter with Judge Debelius complaining about Judge Mason and they believe that that complaint may be the basis for retaliation by Judge Mason. 6. The interests of justice require the assignment of a new judge to this case. 7. Defendants have today filed an ethics complaint against Judge Mason with the Commission on Judicial Disabil ies because they are victims and he has used the power of his office to protect a depraved sexual predator, who has victimized Defendants and their teenage daughter. Wherefore, Defendants move this Court to assign a different judge to preside over this case. Respectfully sybmited, / Za Tetygna Kimberffn Certificate of Servi I certify that I mailed a copy of this motion to Plaintiff this 6" day of May, 2016 by certified mail. Brett KimberliAFFIDAVIT OF BRETT KIMBERLIN 1. My wife and | filed citizen complaints against Plaintiff Aaron Walker with the District Court Commissioner because he was stalking and harassing my wife and teenage daughter, which caused them serious emotional distress. 2. Plaintiff Walker sued us for malicious prosecution after the cases were nolle prossed. He also sued the State of Maryland, the Commissioner and the States Attorney, all of whom were dismissed on immunity grounds. 3. The case was assigned to Judge Mason without the agreement of my wife or me. 4, Judge Mason is also the judge in a prior case where | am the Plaintiff. That case involved many defendants and has been contentious. Judge Mason imposed sanctions on me for missing a scheduling conference, ordering me to pay the attorneys fees even though that is not allowed under Maryland law. Ever since | missed that hearing, Judge Mason has exhibited a profound bias against me, playing favoritism, lecturing me about my lack of legal skills, and refusing to follow black letter law. 5. My wife, daughter and | are victims of Plaintiff Walker's depraved predatory behavior. His conduct is repulsive and uncivilized. He has exhibited disgusting sexual obsessions of my wife and daughter, These included creepy and frightening online posts, tweets, and an attempt to follow my daughter on Twitter. He has posted photos of my daughter and her children’s choir on his website along with commentary about sex, posted screenshots of her cleavage from a music video, threatened to take depositions from her and her friends to ask them about sex,urged his readers through code words to attack her online, repeatedly called mea pedophile, written to my wife that am an unfit father, accused my wife of being an adulteress with a bastard child, and posted graphics with me in a pedophile suit. 6. Because of Plaintiff Walker's sick, twisted and predatory behavior, my wife filed a complaint against him under Grace's Law. The State's Attorney nolle prossed the case to stop the clock, and asked us to submit a comprehensive white paper describing all of Plaintiff Walker's predatory behavior, which we did. In the meantime, Walker filed suit against my wife and I for malicious prosecution. 7. Judge Mason when dismissing the public officials, told Plaintiff Walker to sue my wife and |. He allowed him to amend his complaint four times. He refused to dismiss the complaint and denied summary judgment without even looking at probable cause or malice. These are fact based elements of the tort that the judge must consider when ruling on a motion for summary judgment, but Judge Mason simply denied the motion and ordered the case to go to trial. 8. Under Judge Mason's view, anyone who files a citizens complaint before a Commissioner can be sued for malicious prosecution if the defendant says the complainant lied. This amounts to victimizing the victims. In virtually every citizens complaint, there is a dispute about the facts, but Judge Mason’s ruling has a profound chilling effect on any victim who files a complaint because she can now be sued for malicious prosecution and have to endure harassment by the very person who victimized her. Judge Mason has opened the floodgates for all victims who file citizens complaints to be sued by the victimizer for malicious prosecution.9. Judge Mason appears to have a bias against victims, women and children, and particularly against my wife and me. His conduct on the bench is sexist, retaliatory and discriminatory. 10. Judge Mason has made a mockery of Grace's Law. What parent would ever want to file a Grace’s Law complaint knowing full well that the tormentor could sue them for malicious prosecution and be protected by the courts? 11. I have filed a complaint against Judge Mason with the Commission on Judicial Disabilities because with his biases, he does not possess the temperament required to deal with cases involving women, children, abuse, and retaliatory lawsuits. His rulings in this case are akin to the judge who blames the rape victim because she wore a tank top. Judge Mason has blamed my wife and me for filing complaints with the Commissioner saying in essence that we deserved to be sued since the compaints were nolle prossed. This is twisted and biased, and shows a profound misunderstanding of abuse, stalking and harassment, Dated this 6 day of May, 2016 = Brett Kimber 2b \ aa, ee