Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin makes mind-bogglingly false assertions in his various court filings. Consider this from his opposition to my motion to dismiss his first amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 29-2The Smith case he mentions is a case from the U. S. District Court for the District of Maryland which interprets the Maryland one year statute of limitations on defamation as also applying to false light invasion of privacy. It’s the controlling legal authority in the court handling the RICO Madness. TDPK states that Maryland’s highest court, that would be the Court of Appeals, has ruled otherwise. If that were the case, that would settle the law because defamation is a matter of state rather than federal law.

However, …

The Allen v. Bethlehem Steele case TDPK cites never went to the Court of Appeals. It is a Court of Special Appeals case, and that court is an intermediate appeals court. It’s decisions on matters of law are not binding on any federal court. The Court of Appeals has never ruled on the statute of limitations for false light, so the federal court’s precedent controls. Furthermore, there is no such case citation as 314 Md. 458 (1988). The proper citation for Allen is 76 Md. App. 642 (1988).

Oops.

popcorn4bkThere has been a certain sense of TDPK sorta/kinda making it up as he goes along. It will be interesting to see what kind of bizarre legal theories he will put in his omnibus opposition to the motions to dismiss his second amended complaint.

Stay tuned.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin watched his Kimberlin v. Walker, et al. nuisance lawsuit fall apart in state court. Five of his seven counts were shot down in summary judgment. What that means is that, given the undisputed facts agreed to by both sides, he had no case as a matter of law. The other two counts were so unsupported by facts that the judge stopped the trial after TDPK rested his case and granted us defendants a directed verdict.

I’ve written in the past about how the results of the state case should affect the Kimberlin v. The Universe, et al. RICO Madness through the doctrine of collateral estoppel. However, the directed verdict in the state trial has caused another problem for TDPK. Because we never had to put on our defense, he has no idea what we would have presented. He is completely in the the dark about the nature, depth, and quality of the evidence we amassed. He has no idea what insights our investigations have given us. He has no idea what leads we are prepared to follow up if the RICO Madness gets into discovery. He has no idea who we intend to depose. He has no idea what documents we already possess.

popcorn4bkIf TDPK had a clue, he’d be filing a motion to dismiss the RICO suit against all the defendants. I sincerely doubt that his ego will allow him to do the wise thing. I fully expect that he will ride the RICO Madness down in flames. I also expect that Hogewash! will chronicle the crash.

Stay tuned.

 

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin has had a bit of a mixed week. One judge granted his motions for alternate service of process while another denied a similar motion in another case that relied on the same set of facts. Lynn Thomas, one of the two persons that TDPK claims to be Kimberlin Unmasked, is a subject of both motions. She may now be served by email in the Kimberlin v. The Universe, et al. RICO Madness but not in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit. As I noted yesterday, that creates a split between judges sitting in the same courthouse.

TDPK also received an additional 54-day delay in the due date of his omnibus opposition to the motions to dismiss in the RICO Madness. Consequently, our defendants’ replies to his opposition are now due on 8 January, 2015, a 52-day delay.

Here’s the net of all that as I see it.

TDPK can now serve three of the remaining unserved defendants in the RICO Madness by email. Given his record to date, there is a significant possibility that he will screw up that service.

The delay in dealing with motions to dismiss in the RICO Madness will result in 7+ weeks of additional Team Kimberlin Posts of the Day discussing that case and related issues. Hello, Streisand Effect!

The 120-day period for service of process in the copyright trolling lawsuit timed out back in July. I would not be surprised if Judge Titus sua sponte dismissed the suit for non-prosecution.

Brett Kimberlin keeps saying that various defendants want to settle the RICO suit. I suppose that’s true in a certain sense. Some of us might be willing to settle if he offered a sufficiently large payment for their troubles and dismissed the suit with prejudice. And that’s probably the best case scenario for him at this point if the judge doesn’t grant our motions to dismiss. Otherwise, we go on to discovery and depositions.

popcorn4bk

As some day it may happen that a witness must be found,
I’ve got a little list, I’ve got a little list …
(Apologies to W. S. Gilbert)

Stay tuned.

In Re Kimberlin v. Kimberlin Unmasked


Judge Titus has denied The Dread Pro-Se Kimberlin’s motion for alternate service on Lynn Thomas and Peter Malone (who he alleges to be Kimberlin Unmasked) in the Kimberlin v. Kimberlin Unmasked copyright trolling lawsuit.

This is ruling reaches the opposite conclusion from the same set of facts as Judge Hazel’s ruling in the Kimberlin v. The Universe, et al. RICO Madness, creating a split within the same courthouse.

Hmmmmm.

Team Kimberlin Post of the Day


One of The Dread Pro-Se Kimberlin’s complaints against me in both the state Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness is that I engage in my First Amendment right to comment on his past and present behavior. He wrote this in his second amended complaint in the state suit—

BKvAW2013SAC-31The Gentle Reader who has been following The Saga of the Dread Pirate Pro-Se Kimberlin for a while will remember that TDPK’s state nuisance lawsuit collapsed when he failed to provide even one “scintilla” (Judge Johnson’s word) of evidence of falsity in any statement made by any defendant in that case.

TDPK has tried to make a similar allegation in the RICO Madness.ECF 135-139

Since defamation is a state law claim, TDPK has to prove the elements of the tort as prescribed by Maryland law. That means he must show what was said about him was false. He can’t do that. That’s already been adjudicated in the state case in the favor of Aaron Walker, Stacy McCain, Ali Akbar, and me, and he is barred by collateral estoppel arguing otherwise in any further case, including the RICO Madness.

I’ve made it clear that I intend to keep writing about Brett Kimberlin until he is brought to justice. The Gentle Reader should not be surprised to learn that part of my definition of his being brought to justice includes his losing his vexatious lawsuits. By delaying the final resolution of any of them, he increases the amount of time and bandwidth I will spend on telling his story on the Internet. His delaying tactics have the effect of turing the Streisand Effect up to eleven.

collateral estoppel t-shirtOh, one more thing … Collateral Estoppel swag is available for purchase at The Hogewash Store. Stop by a spend some money on a t-shirt or drinkware. The profits go to support this blog and fund the expenses of defending against TDPK’s vexatious lawsuits. If you’d like to help my fellow defendants as well, go to Bomber Sues Bloggers to find out how.

 

Team Kimberlin Post of the Day


RICOMadnessYesterday, The Dread Pro-Se Kimberlin received an additional 54-day extension of time to prepare his omnibus opposition to the motions to dismiss filed against his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. That puts the due date for the Defendants’ replies to his opposition off until next January.

I am not amused by the delay.

TDPK hasn’t got a case—both the facts and the law are against him. He can, however, continue to inflict inconvenience and expense on the victims of his lawfare. To the extent that he does so, he may think he is “winning.” He isn’t. He’s really continuing to dig a deeper hole for himself.

The RICO case seems to be following the same general pattern as the earlier Kimberlin v. Walker, et al. nuisance lawsuit. TDPK is having some of his early motions granted. His case against a few of the Defendants may even survive motions to dismiss—if he’s unlucky.

At that point, discovery begins, and I doubt that he will be allowed to play the same discovery games he tried in the state suit. Failure of a plaintiff to provide discovery is grounds for sanctions. Several of the limitations on TDPK’s case in the state case resulted from his discovery shenanigans.

popcorn4bkEach defendant gets to submit 30 interrogatories, 30 requests for admissions, and 30 requests for production of documents. TDPK can rest assured that I will use the additional time resulting from this new delay to refine my list of information to be sought in discovery and the list of witnesses to be deposed.

Stay tuned.

In Re Kimberlin v. Walker, et al.


I have been advised that on 9 October, 2014, the Maryland Court of Special Appeals ordered that The Dread Pro-Se Kimberlin’s appeal in the Kimberlin v. Walker, et al. nuisance lawsuit should proceed without a Prehearing Conference. That sets a 60-day clock running for the Circuit Court to transfer the case docket to the Court of Special Appeals.

This case will not completely go away until TDPK loses his appeal. Aaron Walker; Stacy McCain; Ali Akbar; Lynn Thomas and Peter Malone, the two people TDPK claims are Kimberlin Unmasked; and I continue to need support dealing with this vexatious attack on our First Amendment rights. You can help. Go to Bomber Sues Bloggers to find out how.