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DISTRICT OF
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
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'1 Jy .. T
I .,.
2016 AP" I S PH 2: I 7
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1-" 1m EO~1I8 ELT
BRETT KIMBERLIN,
Plaintiff,
~,-~-OEPUTY
PARTICK FREY,
Defendant.
PLAINTIFF'S REPLY TO DEFENDANT FREY'S OBJECTION TO MOTIONS TO (1)
ALLOW PLAINTIFF TO USE DISCOVERY DOCUMENTS IN MOTION FOR
SUMMARY JUDGMENT AND (2) CONDUCT A REVIEW OF CONFIDENTIAL
DESIGNATION
Plaintiff hereby replies to Defendant Frey's response to his motions to allow
Plaintiff to use discovery documents
and transcripts
Judgment, and for this Court to conduct a review of the wholesale designation
of
guarantee
applies to documents
filed
status of being 'raw fruits of discovery.' "Id. at 252 (quoting In re "Agent Orange"
Prod. Liability Litig., 98 F.R.D. 539, 544-45 (E.D.N.Y.1983)). It made this distinction
because "discovery, which is ordinarily conducted in private, stands on a wholly
different footing than does a motion filed by a party seeking action by the court." Id.
It also reasoned that the First Amendment
guarantee
substantive
substitute
lAND
attached in Rushford
rights and serves as a
of misconduct
should retain
required to designating
something confidential.
is not the
such as social
statements.
7. Plaintiff has submitted
seal and will not do so here. However, Plaintiff will state that many of the
documents
Court relied on to deny Defendant Frey's Motion to Dismiss. There are also letters
that Defendant Frey wrote to public officials, and emails directing recipients
on information
to third parties.
to pass
for confidentiality
Clearly, none
as required by the
against Plaintiff, which forms the basis for Plaintiffs civil rights complaint.
8. Plaintiff has a right under the Protective Order to "challenge" the confidential
designation
designation
of documents,
of them.
This would amount to a secret Motion for Summary Judgment in total violation of
Summary Judgment and trial. Plaintiff is willing to provide the Court or counsel
with a complete list of Bates Numbers of the several hundred documents
to conduct "the litigation in which the information
or documents
he needs
This Court can then issue an order allowing Plaintiff to use those documents.
Wherefore,
of Defendant Frey
Respec
in his
Bethesda, MD 20817
(301) 320 5921
justicejtmp@comcast.net
CERTIFICATE OF SERVICE
this
15th
DECLARATION
I Brett Kimberlin declare under penalty of perju
1746, thatthe above is true and correct.
Brett Kimbe
endant Frey