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Rally lawsuit defendant could face jail time

An organizer of the 2017 Unite the Right rally could face jail time and continues to be in civil contempt of court for failing to turn over evidence in the discovery phase of the case, according to a filing from plaintiffs in a complicated lawsuit.

Last month, Elliott Kline, a.k.a. Eli Mosley, was found in civil contempt of court for his failing to comply with previous federal court orders in the discovery phase of a lawsuit against him and other organizers of the deadly rally.

Judge Norman K. Moon ordered Kline to turn over passwords to his email accounts and give up three cellphones and their passcodes or face fines and jail time. Moon said if Kline did not comply with orders by Dec. 2 at 5 p.m., he would be charged $200 a day for noncompliance and if he is not in compliance by the Dec. 16 hearing date, he will be sent to jail.

Despite the fines and threat of incarceration, Kline has yet to comply, according to a Friday filing from the plaintiffs. Kline has also not responded to a Dec. 10 court order requiring him to provide reasons for his non-compliance.

According to the filing, Kline still has not provided requested documents; credentials for two email accounts; and a declaration under oath that he lacks credentials for any relevant social media accounts, among other things.

“It thus appears that Plaintiffs will be required yet again to seek judicial intervention to remedy Kline’s noncompliance, thus wasting more time, effort, and resources on the part of both plaintiffs and the Court,” the filing reads.

Further complicating an already lengthy and growing case, the plaintiffs’ filing also claims that two of Kline’s phones submitted at a Nov. 25 hearing have been “lost or stolen.”

According to court documents, plaintiffs’ counsel took the package with the phones to the nearest UPS drop box for immediate pickup so that the phones could be delivered to a third-party vendor as quickly as possible and to limit the time that the phones were in their custody.

However, the phones were never delivered to the vendor for yet-to-be-determined reasons.

“It appears that the package was either lost or stolen,” the filing reads. “Plaintiffs’ counsel have opened two separate investigations with UPS and the Charlottesville Police Department. Those investigations are ongoing.”

Plaintiffs provided additional evidence in the form of email correspondence with Kline, which they intended to present in court.

According to a Friday order from Moon, Kline requested either the hearing be delayed or he be allowed to appear telephonically. Moon denied the request, writing that Kline “made a similar 11th-hour request” before the hearing in which the court found him to be in civil contempt.

“Given the nature and stage of the civil contempt proceedings and considering Kline’s request, the Court finds that Kline has not shown good cause to delay the hearing on December 16 or to permit him to appear telephonically,” Moon wrote.

The hearing is scheduled for 11 a.m. Monday.


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