I’ve often written about the slipshod nature of The Dread Pro-Se Kimberlin’s court paperwork. He may have filed “over a hundred” lawsuits, but he’s won very few of them. That may be because he doesn’t have a very good grasp on some of the most basic principles of law.
For example, when one files a lawsuit, it must be filed against a particular person or entity or a particular group of persons and/or entities. That person must be described well enough that he can be identified, even if his actual name is unknown and he’s sued as “John Doe.” This is from TDPK’s second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.OK. How does that identify “Defendant Ace of Spades”?TDPK has described the defendant as the Ace of Spades blog and not as the individual or individuals who operate it.
What do you want to bet that isn’t what he thought he was doing?
Anonymous blogger Ace of Spades has filed his motion to dismiss the second amended complaint in The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness.
The Dread Pro-Se Kimberlin maintains that there’s no such thing as Team Kimberlin. One of the allegedly defamatory things he says has been written about him is saying that Team Kimberlin exists. How does he explain those Acme Legal Briefs that were offered for sale on the Breitbart Unmasked website?
Speaking of souvenirs of TDPK’s vexatious lawsuits … Res Judicata and Collateral Estoppel trinkets are available at The Hogewash Store. Feel free to stop by and spend some money. There are coffee and travel mugs, t-shirts, hoodies, and all sorts of other goodies available. You can also find Johnny Atsign, The Grand Hog, and Team Lickspittle stuff in the store.
The Gentle Reader may also wish to stock up on popcorn and other snacks in anticipation of the TDPK’s upcoming omnibus opposition to the motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. Popcorn, Jujubes, Raisinets, Junior Mints, Milk Duds, and Red Twizzlers available via Amazon.
The Dread Pro-Se Kimberlin has been amazingly slipshod in his court filing. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.The sharp-eyed Gentle Reader will notice the TDPK appears to have suffered a moment of mathematical challenge when he numbered the paragraphs in his opposition. As for the callousness of my argument, I simply pointed out that Kimberlin didn’t bother to allege any of the actual elements of the tort of intentional infliction of emotional distress in his complaint.
He also failed to do so in the state Kimberlin v. Walker, et al. nuisance lawsuit. Here’s how our lawyer Patrick Ostronic explained the deficiency to Judge McGann during the 1 July hearing on motions for summary judgment in the state case.And here’s how Judge McGann ruled.That means that the judge found that, given the facts in evidence about which there was no dispute, we defendants were entitled to a summary judgment in our favor as a matter of law.
So was it callous of me to point out that essentially the same set of allegations in the RICO Madness as were found in the state case have the same problems? Perhaps, but no more so that TDPK’s filing a bogus and vexatious lawsuit.
The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.
Point (1) of that claim is simply false. Here is how I replied—Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.
The Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.
It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.
We will see.
The Dread Pro-Se Kimberlin has claimed that he is somehow injured by the fact that Hogewash! has a Tip Jar. For instance, in paragraph 10 of his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness he wrote,The “they” he refers to are Aaron Walker and I.
In order to demonstrate that Hogewash! has such a donate button that raises money to “target” TDPK, he included Exhibit D—The sharp-eyed Gentle Reader will note that Exhibit D is a page from Paul Lemmen’s now-defunct blog Dead Citizen’s Rights Society. I suppose TDPK chose to use a page from that blog because it did have a link button to Bomber Sues Bloggers, something that couldn’t be found at Hogewash!. TDPK offered no explanation of how a page from someone else’s blog established the content of mine.
This is typical of the muddled thinking shown in Brett Kimberlin’s court pleadings. As I’ve said before, I look forward to seeing what manner of bizarre legal “reasoning” he employs in his omnibus opposition to the motions to dismiss his second amended complaint. I suspect his exhibits will be similarly disconnected from reality.
One more thing … Feel free to annoy Brett Kimberlin by hitting the Tip Jar.
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.The 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.
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).
There 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.