Case 8:13-cv-03059-GJH Document 353 Filed 02/24/16 Page 1 of 4

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

BRETT KIMBERLIN

Civil Action No.: 8:13-CV-03059

(GJH)

Plaintiff,

vs.

PATRICK FREY

Defendant.

RESPONSE TO MOTION TO REVIEW WITHHELD DOCUMENTS (ECF 340)

Defendant Patrick Frey, through the undersigned counsel, respectfully responds in

opposition to Plaintiffs Motion to Review Withheld Documents (ECF 340) as follows.
1.

Your undersigned (TBG) proffers as a court officer that he conducted an

individual review of the documents itemized in the privilege logs produced by
Plaintiff in his Motion, and is the author of those privilege log spreadsheets by his
own hand.

2.

As discussed previously, Plaintiff Brett Kimberlin filed state-court litigation in

2012 in the Circuit Court for Montgomery County, Maryland against a number of
predominantly conservative bloggers, media personalities and media business
entitles. In addition to that prior litigation and this federal case now against now
against Defendant Patrick Frey, Esquire, there exists a state-court case against
most of the defendants dismissed previously by this Honorable Court under
substantially similar counts.

Case 8:13-cv-03059-GJH Document 353 Filed 02/24/16 Page 2 of 4

3.

A joint defense agreement exists among the Defendants in the aforementioned

cases for the efficient communication and the preservation of client resources and
attorney time, both pro bono and paid.

4.

The communications identified in the privilege logs constitute joint strategic and
informational communications about the several pro se complaints filed by
Plaintiff Brett Kimberlin, and Defendant asserts that they are privileged
accordingly.

5.

The communications identified therein occurred among the various counsel and
parties (including employees of corporate defendants) within that joint defense
agreement or otherwise regard materials intended for their strategic joint defense,
and are accordingly privileged.

6.

The undersigned attorneys owe a fiduciary duty to other joint parties not to betray
those parties attorney-client privilege, and has so withheld the aforementioned
documents while creating, at meaningful effort, the privilege logs described
above.

7.

Assuming arguendo that this Honorable Court may conduct an a review in

camera at this time in response to Plaintiffs current motion for miscellaneous
relief (ECF 340), Defendant would respectfully question the net utility to judicial
economy of such an exercise.

8.

Defendant respectfully requests that this Honorable Court decline to conduct an in

camera review of the documents logged and withheld by Defendant as privileged.
That stated, your undersigned counsel participate in this case at the pleasure of the

Case 8:13-cv-03059-GJH Document 353 Filed 02/24/16 Page 3 of 4

Bench, and we remain this Honorable Courts officers in compliance with any
Order of Court, now existing, future or potential.

WHEREFORE Defendant respectfully requests that this Honorable Court deny Plaintiffs
request per ECF 340 (Motion for Miscellaneous Relief/to Review Withheld Documents) for an
in camera review of documents logged and withheld as privileged by Defendant.

Respectfully submitted,

/s/

____________________________

T. Bruce Godfrey #24596
Jezic & Moyse LLC
2730 University Blvd. West, #604
Silver Spring, MD 20902
240-292-7200

facsimile: (888) 241-3135
godfrey@jezicfirm.com


ARCHER & GREINER
A Professional Corporation


/s/

By:________________________________
Ronald D. Coleman (Pro Hac Vice)

Court Plaza South
21 Main Street, Suite 353
Hackensack, NJ 07601
201- 342-6000
rcoleman@archerlaw.com

Attorneys for Defendant Patrick Frey
Dated: February 24, 2016
3

Case 8:13-cv-03059-GJH Document 353 Filed 02/24/16 Page 4 of 4

CERTIFICATE OF ELECTRONIC FILING AND REGARDING WAIVER OF
MAILINGS

I, T. Bruce Godfrey, hereby certify that I have filed a copy of this document with the
United States District Court electronically and by so doing have provided compliant notice to
those parties who are registered with ECF through counsel as of this filing consistently with
Local Rule 102.1(c) on February 24, 2016. All parties, including pro se parties, have agreed to
accept service by electronic mail only and an electronic copy has been distributed to all parties.










/s/

_________________________________
T. Bruce Godfrey #24596