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BRETT KIMBERLIN Plaintiff,
Case No. V 339254
SETH ALLEN, Aka ANONYMOUSCYBERSTALKER SOCRATES, PREPOSTERICITY, DAVE FROM QUEENS2,
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 1. 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, www.everyonedrawmohammed.blogspot.com/, and http://allergic2buI1.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 www.everyonedrawmohammed.blogspot.com. 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
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 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 oftirnes 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://allergic2buI1. blogspot.coml 2. Subscriber/registrant information for the Google Blogspot Blog, http://everyonedrawmohammed.blogspot.coml 3. Subscriber/registrant information for the Google email.edmd5.20.1O@gmail.com 4. Subscriber/registrant information for the Google email.AaronJW72@gmail.com
An ORDER is attached.
Respectfully submitted, Brett Kimberlin [address redacted]
Certificate of Service
I certify that I sent a copy ofthis motion to Aaron Worthing at his email edmd5.20.1O@gmail.com and AaronJW72@gmail.com this 20 th day of December, 2011. Plaintiff has also served Google.com with a copy of this Motion For Hearing at Google Legal Investigations Support 1600 Amphitheater Parkway, Mountain View, CA 94043 Phone Number: 650-253-3425 Fax Number: 650-649-2939 E-mail: email@example.com
From: Truth Seeker <[address redacted]> Date: Tue, Aug 23,2011 at 7:24 AM Subject: Re: Making progress - urgent request To: Aaron Worthing <firstname.lastname@example.org> Cc: Liberty Chick <email@example.com>, Andrew Breitbart <firstname.lastname@example.org>, email@example.com
Hi Aaron, thanks for the response. I think the default judgement is just for the preliminary injunction of deleting my blog. I am going to file motions myself. I will try to make it down to the next court session. But this is bogus. I need to know who this sherriff is. The record is in that courthouse, not at the website you mention. Brett Kimberlin is lying. That sounds like perjury and I want his parole officers to find out ifhe has yet again perjured himself. And all this time Breitbart just stands on the sidelines as if I don't even exist. I'll get this done myself if possible. I need to know that sherriffs name. I'm no lawyer, but you can't make claims in court that are lies. That means Kimberlin should go back to jail if that's true. Whatever, maybe I should murder him. Maybe that will finally get me some justice. This life sucks anyway. All anyone cares about is themselves and their own money. Freedom of speech is dead in America. Thanks for nothing Breitbart.
To: edmd5.20.1 O@gmail.com Date: Thursday, December 15, 2011 12: 15 AM Subject: Legal Notice From Brett Kimberlin
Dear Mr. Worthing: My name is Brett Kimberlin and I am writing you regar~ing 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. Last year I sued Seth Allen for defamation, harassment, violation of privacy and interference with business, and, on November 14, 2011, the court issued judgment in my favor and issued a permanent injunction prohibiting Mr. Allen from further defaming me or interfering with my businesses. Despite that order, Mr. Allen immediately began against defaming me on his own and other blogs, both in posts and comments, and posting in order to interfere with my business. He also began a relentless attack on Judge Richard Jordan, who has issued the judgment, calling him disparaging names, cursing at him, threatening him, and investigating him and his former law firm. I filed two motions for contempt outlining Mr. Allen's post judgment conduct, and have met with the Montgomery County State's Attorney about pursuing criminal contempt charges against Mr. Allen. Judge Jordan recused himself from hearing the contempt motions because of the personal attacks by Mr. Allen. On December 9,2011, a new judge issued an Order to Show Cause 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 blog stating 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 to murder me. I sought a peace order and the court, on October 13, 2011, made a clear and convincing finding based on the email and Mr. Allen's behavior in court, that Mr. Allen poses a threat of death and physical harm to me. You are a potential witness in the contempt case because of Mr. Allen's correspondence with you via email.Mr. Allen's correspondence with you after the judgment was issued, and his statements that he has gotten advice from you over the past year. Mr. Allen has stated that you are 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 your relationship with Mr. Allen, your advice to him, and whether that advice included your legal opinion that, as Mr. Allen says, he has a First Amendment right to defame, harass, and stalk me because I am a "public figure." I would also like you to testify if you advised Mr. Allen that he could attack Judge Jordan with his threats and posts under the First Amendment, and whether you told him that he could not be extradited to Maryland under a contempt order.
Of course, if you have been acting as Mr. Allen's attorney, I would ask you to seek a waiver from Mr. 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 and address 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 the Court under Brodie v. Independent Newspapers, http://www.courts.state.md.us/opinions/coa/2009/63a08.pdf for your blog provider, email hoster and IP provider to disclose your name and address. As you may know, the Court issued such an Order to identify Mr. Allen, who had been posting as Socrates. I want to thank you in advance for your cooperation in this matter. I have been stalked for three years by Mr. Allen and it has to stop. If you or your attorney would like to chat with me about this, please feel free to contact me by phone. I urge you to let me know your intentions as soon as possible because I have already begun preparing for the hearing, and your decisions could impact those preparations. With the holidays coming up, I want to make sure that any motions I file have a chance to be decided prior to the contempt hearing. Sincerely, Brett Kimberlin (301) XXXXXXXXX