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i think the highlight of this afternoon's hearing in sines v kessler was matt heimbach's explanation for his failure to produce his cell phone & laptop in discovery. "due to the uniqueness of a situation in march of last year" they were "disposed of by certain parties."
he is referring, of course, to the aftermath of the night of the wrong wives. after matt heimbach was caught by his wife and her stepfather (his friend and fellow TWP leader matt parrott) having sex with parrott's wife, heimbach assaulted his wife and parrott.
"due to an issue with my now ex-wife, i had to leave my property." his ex wife moved from IN to TX & asked a neighbor to clean out the couple's former home. "all of my things" ended up being thrown away, including his passport & birth certificate, heimbach told the judge.
but in all seriousness, all three defendants are now required to provide a detailed list of all accounts and devices they used that may contain responsive records (primarily looking for communications about the unite the right rally) within 7 days.
within 7 days after that, they are required to have tendered login credentials and the physical devices (phones, laptops, etc) to a 3rd party vendor for document collection. the vendor will use agreed upon keyword searches to generate possibly responsive documents for counsel.
the original complaint in this case was filed october 11, 2017. with the exception of numerous hearings about motions to stay discovery, the first hearing ABOUT discovery was held 4/19/2018. the plaintiffs have received not. one. page. not one document. absolutely nothing.
counsel for richard spencer, john dinucci, said he needed an estimated 1500-2000 hours to review every potentially responsive document to ensure it doesn't contain information private information about other parties or spencer's acrimonious divorce.
kolenich, counsel for jason kessler, the traditionalist worker party, and others, argued vigorously that he needed to review all potentially responsive documents out of fear that plaintiffs would violate the protective order & dox members of white nationalist groups.
just to make sure you read that correctly, yes, a nazi's lawyer more than implied that attorneys from nationally known, prestigious law firms would violate a court order and release the names found on white nationalist groups' member lists turned up in discovery.
things should start moving a little more quickly now (i.e. moving at all) now that those 3 pro se defendants are ordered to produce discovery & dinucci & kolenich have been strongly advised by the judge to pick up the pace & start turning over documents.
[dillon hopper, as previously noted cannot actually represent vanguard america pro se, but he does not have an attorney & says he cannot afford one. he can still produce discovery without an attorney, he just can't appear in court or file documents with the court]
hopper is identified by the plaintiffs & recognized by the court as the representative for vanguard, but he says thomas rousseau is the man they ought to be dealing with.
plaintiffs may make that determination after his deposition, but he still has to comply in the meantime.
plaintiffs may make that determination after his deposition, but he still has to comply in the meantime.
heimbach, objecting to the discovery demand for a twitter account he says was banned in late 2016, before planning for UTR was underway, asked if he could file a formal objection. judge hoppe, losing patience, told him the time for that objection is long past.
elliott 'eli mosley' kline spoke the least of our three defendants today. he also sounded the least cooperative, giving off more of a sullen teenage vibe. he'll comply, but he's obviously not happy about it or sorry to have wasted dozens of people's time for over a year.
kolenich alluded cryptically to "issues" related to discovery from two of his clients, christopher cantwell and robert "azzmador" ray. ray is still listed by albemarle county as a fugitive in a felony case, but it's unclear what the "issues" kolenich is working out are.
the hearing concluded with plaintiffs making judge hoppe aware of the motion they'd filed with judge moon about the threats defendant christopher cantwell had made on telegram against plaintiff's counsel robbie kaplan
