IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND.
AARON WALKER )
Plaintiff }
ve Case No. 398855-V
BRETT KIMBERLIN, ef wx. }
Defendant ;
ORDER TO STRIKE
Finding chronic service disputes between the parties, the Court, on March 21, 2016,
entered an Order requiring all parties to (1) serve all filings in this metter by certified mail
with return receipt requested; and (2) file the return receipt with Court. The Court informed
the parties that it would strike any filings thet did not comply with the Order (see Dt, Nos.
111 & 117)
Upon a review of the record in this matter, the Court finds that Defendants have failed
to comply with the March 21, 2016 Order, Although the Defendants did file three return
receipts for July 2016 on August 8, 2016 (Dkt. No. 210), and one return receipt for June 2016
on July 11, 2016 (Dit No. 172), itis impossible for the Court to determine which retum
receipt corresponds to which filing. Additionally, in Defendants’ certificate of service for their
July 13, 2016 motion for protective order (Dkt. No. 177), Defendant Brett Kimberlin certifies
only that he emailed a copy of the motion to the Plaintiff.
Accordingly, itis this @BrdQday of August, 2016, hereby
ORDERED that Defendants’ Answer to Plaintiff Walker’s Complaint (Dkt. No. 163)
ENTERED
AUG 292016,
Clerk of the Circuit Court
Montgomery County: Md,
be STRICKEN; and it is furtherORDERED that Defendants’ Response to Plaintiff's Renewed Request for an Order of
Default (Dkt. No. 170) be STRICKEN; and it is further
ORDERED that Defendants’ Motion for Protective Order from Discovery (Dkt. No.
177) and the Defendants’ reply to the opposition thereto (Dit, No. 187) be STRICKEN; and it
is further
ORDERED that Defendants’ Verified Motion for Immediate Sanctions and Costs for
Failure of Plaintiff to Attend Deposition (Dit. No. 186) be STRICKEN; and it is further
ORDERED that Defendants’ Second Motion for Immediate Sanctions against Plaimift
for Intentionally Refusing to Comply with Discovery (Dkt. No. 188); and it is further
ORDERED that Defendants’ Reply to Plaintiff's Motion for Summary Judgment Re
Defendant Tetyana Kimberlin (Dit. No. 195); and it is further
ORDERED that Defendants’ Response to Plaintiff's (1) Motion to File Discovery
Sanctions, and (2) Motion to Declare Certain Matters Admitted and Defendant's Motion to
Strike Plaintiff's Discovery Filings (Dkt. Nos. 196, 197 & 198) be STRICKEN; and it is
further
ORDERED that Defendants’ Motion to Quash Deposition of Defendant Tetyana
Kimberlin (Dkt. No. 202) be STRICKEN; and itis further
ORDERED that Defendant” Reply to Plaintiff's Opposition to Defendants’ Motion
for Sanctions and for Failure to Attend Deposition and Response to Plaintiff's Motion for
Leave to File Sanctions (Dt, Nos. 203 & 204) be STRICKEN; and itis further
ORDERED that Defendants’ Reply to Plaintiff's Opposition to Discovery Sanctions
ENTERED
AUG 292018,
Clerk of the Circuit Court
Montgomery County, Md.
(DMM. No. 207) be STRICKEN; and it is further
2ORDERED that Defendants’ Notification that the State’s Attorney Nolle Prossed
Criminal Charges Plaintiff Filed Against Defendants (Dkt, No. 208) be STRICKEN; and itis
further
ORDERED that Defendant's Response to Motion for Summary Judgment Re Brett
Kimberlin and Tetyana Kimberlin (Dit, No. 226) be STRICKEN; and it is further
ORDERED that Defendants’ Second Motion for Protective Order to Quash Subpeonas
(Dkt. No. 228) be STRICKEN; and it is further
ORDERED that to the extent that any motion and/or opposition is properly served and
is ripe for ruling by Friday, September 30, 2016, argument on that motion(s) shall be heard on
that day at 1:30 p.m. before this member of the bench.
MICHAEL D. Tice Judge’
Circuit Court for Montgomery County, MD
ENTERED
AUG 262016
Clerk of tre Circuit Court
Montgomery County, Md.