Team Kimberlin Post of the Day


This paragraph is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit.BK v KU ECF 1-7And therein lies a fatal problem for TDPK’s lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires that someone filing a pleading with a court provide

a short and plain statement of the claim showing that the pleader is entitled to relief[.]

Because TDPK never identifies which videos are his and which are JTMP’s he doesn’t show that he is entitled to relief. For all the court knows, all of the allegedly infringed videos belong to JTMP, and TDPK cannot sue on the organization’s behalf. JTMP would have to sue in its own right, and it would have to be represented by a lawyer instead of TDPK.

popcorn4bkMore fundamentally, TDPK never identifies which videos the allegedly infringing images were taken from. In effect, he’s saying, “Your Honor, they stole my stuff, but I can’t bother to tell you what they stole.”

If you thought the opposition to the motion for default was brutal, just wait till you see what can be put in a motion to dismiss.

Stay tuned.

Punching Back Twice As Hard


Last week, The Dread Pro-Se Kimberlin filed a motion seeking default in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit against the two individuals he claims are Kimberlin Unmasked. They have filed their opposition to his motion.

UPDATE—I’m pleased to see that the evidence of the fraudulent green cards seems to be mostly derived from Hogewash! posts. This makes three cases where documentary evidence of forgery and/or perjury by TDPK have been placed in front of the court.

UPDATE 2—Aaron Walker comments here.

Team Kimberlin Post of the Day


Here’s a news flash! The Dread Pro-Se Kimberlin has filed a couple of legitimate green cards with the Restricted Delivery boxes checked. They were filed with a motion in the Kimberlin v. Walker, et al. nuisance lawsuit and are for some mail sent two days after he had to confess his previous shenanigans to Judge Ryon. But have no fear, Gentle Reader. TDPK managed to find another document to forge as one of the exhibits. He makes this allegation in his motion.BK v Aw 2013 AltSvc-6TDPK filed the Kimberlin v. Walker, et al. lawsuit on 30 August, 2013. With that in mind, consider his Exhibit E.BK v AW 2013 AltSvcKU Ex ESo TDPK informed Kimberlin Unmasked of a lawsuit filed on 30 August, 2013, on 22 February, 2013. Perhaps he’s traded his gold Prius for a blue Police Box.

#BowTiesAreCool

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin does not seem to be capable of learning from his own mistakes. Late last week, he filed a motion in his Kimberlin v. Kimberlinunmasked copyright trolling lawsuit to have the two person he alleges to be Kimberlin Unmaksked found to be in default. He included Certified Mail green cards as proof of his attempts to serve those individuals.

The Gentle Reader who has been following The Saga of The Dread Pro-Se Kimberlin may remember that TDPK was caught forging a summons in his Kimberlin v. The Universe, et al. RICO Madness, and he confessed to altering a Certified Mail green card in the Kimberlin v. Walker, et al. nuisance lawsuit. One would think that having been caught at such nonsense at least twice, he wouldn’t try the same trick again. Au contraire.

Here’s the tracking number and Restricted Delivery box from one of the green cards he submitted with the default motion.T1This is from the USPS tracking information for that number. Note that it does not list Restricted Delivery as being paid for. If it had been, Restricted Delivery would have been listed. Furthermore, the envelope only shows sufficient postage to cover only First Class Mail, Certified Mail, and Return Receipt.Thomas

Busted.

As I’ve pointed out before, TPDK is a liar and a very inept one.

#StupidIsAsStupidDoes

UPDATE—To demonstrate that the USPS tracking information does include whether or not Restricted Delivery was paid for, let me post the tracking information on the service of process for The Dreadful Pro-Se Schmalfeldt’s™ first answer and counterclaim in the Hoge v. Schmalfeldt copyright lawsuit.RestrictedUPDATE 2—TDPK’s motion for default contains a verification under penalty of perjury that it is true and correct.

 

Team Kimberlin Post of the Day


Judge Hazel may have just fired a shot across The Dread Pirate … oops … The Dread Pro-Se Kimberlin’s bow.  This is from his most recent order in the Kimberlin v. The Universe, et al. RICO Madness.ECF 162-fn2That last sentence is a doozy. I looks as if the judge has figured out that TDPK has thrown a bunch of wild accusations around and that some of them landed on innocent bystanders. He’s giving TDPK the opportunity to dismiss those folks from the suit. I wonder if TDPK is smart enough to take the hint.

Team Kimberlin Post of the Day


Here are some other intriguing answers provided by The Dread Pro-Se Kimberlin to my Requests for Admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.Admissions 40_43There’s computer forensic information linking TDPK to both the Breitbart Unmasked accounts. He was photographed outside of Bobby McKey’s on 14 March, 2013. There is eyewitness testimony placing him at CPAC this year.

Notice that he doesn’t deny any of these as he should if they weren’t true. Objecting because of irrelevance is a tacit admission that the statements are true.

Team Kimberlin Post of the Day


There are now seven motions to dismiss filed against The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.

His response to the motion from Erick Erickson, RedState, James O’Keefe III, and Simon & Schuster is due by close of business on 25 July.

His responses to the motions from Glenn Beck, Mercury Radio Arts, and The Blaze; Michelle Malkin and Twitchy; DB Capitol Strategies; and me are all four due on 28 July.

His response to Aaron Walker is due on 31 July.

His response to The Franklin Center is due on 4 August.

TDPK sent a request to Judge Hazel asking for a delay until 15 October on filing his responses. Of course, he didn’t submit his request in the manner required by the case management order, so it will be interesting to see if the judge even considers it.

popcorn4bkMeanwhile, there is a hearing scheduled on 7 August in the parallel Kimberlin v. Walker, et al. nuisance lawsuit. The hearing will consider additional motions from Aaron Walker, Stacy McCain, and me for summary judgment based on the contents of the discovery provided by TDPK.

Stay tuned.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin responded to my requests for admissions as a part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. Some of his responses are … shall we say … interesting. The format a request for admissions is such that the response to each statement should be either “admit” or “deny.” Any other response must have a detailed explanation of why a simple answer can’t be given.

Consider these—Admissions 30_33Objection because of irrelevance is not an allowable response. Irrelevance is an reason why one doesn’t want to answer not a reason why one can’t.

It’s also a stupid answer to each of those questions. TDPK’s parole status is a matter of public record obtainable by a Freedom of Information Act Request to the U. S. Parole Commission. The status of the judgment due to Mrs. DeLong is a matter of public record. So is the matter of his parole revocation and the reasons for it.

Clearly, if any of the statements were false, TDPK would be expected to deny them. What does he think dodging statements of easily verifiable facts will do to his credibility in front of a jury?

#StupidIsAsStupidDoes

Team Kimberlin Post of the Day


On 28 April, The Dread Pro-Se Kimberlin responded to my request for admission in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit. You can read his responses as Exhibit D-2 of my motion to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. His responses are shot full of provable lies. For example—Admissions 3Admissions 4Here’s what the judge had to say about the Kimberlin v. Allen lawsuit when he made his ruling at the end of the hearing.BK v SA p109That’s from page 109 of the transcript.

Here’s how TDPK responded to the next request for admission.Admissions 5

Object? Well, I guess TDPK is disappointed—and perhaps a bit embarrassed—that his suit for defamation suit seeking $2,250,000 in damages was found to be worth a hundred bucks. (Say, does that mean that his $1,000,000 suit would get discounted to $44.44?)

Brett Kimberlin isn’t a very smart liar.

UPDATE—My codefendants and I in the Kimberlin v. Walker, et al. nuisance lawsuit are not commenting on discovery received from TDPK. The only exception is TDPK’s admission to me. Since those have been used an exhibit in my motion to dismiss in the RICO Madness, they are in a public document and fair game. We don’t intend to have anything to say the rest of the discovery provided until the court has ruled on any further pretrial motions or, perhaps, until after the trial.

In Re RICO Madness


My motion to dismiss The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness is now posted on PACER.

The motion speaks for itself, so I don’t intend to make any comments particularly directed to it until the court has ruled on the motion.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin feigns fear of Aaron Walker and me. This is from paragraph 76 of his second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-76

 

TDPK strikes me as a bit disingenuous with his worry about people who own firearms. After all, his authorized biography Citizen K tells of how he possessed several AR15s, a silenced pistol, a shotgun, and other weapons back in his drug dealing days. He was barred from possessing any firearm back then because of a previous felony conviction.

RANGE_PHOTOI, OTOH, am a law-abiding gun owner, and, although my 66 year old eyes ain’t what they used to be, I’m still a reasonable shot. The target on the left was shot rapid fire with a .45 at 50 feet.

I’ve never threatened anyone on Team Kimberlin with violence. However, anyone who wishes to threaten me or my family may draw whatever conclusion he will based on what he knows about me.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin tries to claim that my 21 codefendants and I did all sorts of mean things to him to ruin his business. This is from paragraph 265 of his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 135-265Now, it is true that I have written a negative review of his musicianship.

Review: “Nothing Else” by Epoxy (#BrettKimberlin)

Originally posted on 17 July, 2012

Back in 2002, Brett Kimberlin fronted a band named Epoxy and released a CD called Nothing Else. The story he spun promoting the album was that it contained songs that he had written while he was being held as a political prisoner in the federal prison system.

The band consisted of Brett Kimberlin on guitar and vocals, Wade Matthews on Bass, and Robbie White on Drums. The genre of the album is someplace between grunge and punk, neither of which are among my favorite musical forms.

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.” On most of the tracks his voice was off key, usually flat.

Most of the songs could have been filler tracks on a generic grunge album. Some of the alienation in them seems to be more appropriate for a 17 year old, not someone 30 years older. Mr. Kimberlin was in his late 40s when the recording was made. However, three of the songs stood out. Vicegrip was actually interesting musically. Donuts had clever lyrics. It’s about lousy prison food and would probably get a nod of approval from G. Gordon Liddy.

Then there’s the last cut Keyhole. It was outstandingly bad. Mrs. Hoge and I met while we were in the music business, and during her career as a recording engineer, she recorded more gold and platinum records than I did. Her comment was, “If you’re gonna mike a guitar that close, you should use a better guitar and make sure it’s in tune. And get a better guitar player.”

While he didn’t do especially well with the acoustic guitar on Keyhole, Brett Kimberlin is actually a reasonably good guitarist. He probably couldn’t cut it in Nashville or LA, but could make a living in a minor market (such as Seattle) or playing the Holiday Inn circuit. Indeed, the world would be a better place if he did ignore the usual advice and give up his day job.

Nothing Else by Epoxy (Pollen Records, $16.04 from Amazon) is interesting because of who recorded it, but I can’t honestly recommend it for the musical experience it offers.

The CD is no longer reliably available on Amazon.

Team Kimberlin Post of the Day


RICOMadnessHere’s another bogus claim that The Dread Pro-Se Kimberlin makes in the second amended complaint of his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-153He goes on to assert that one or more of the defendants tried to get him fired from his job at Justice Through Music Project through some sort of extortion scheme, and he alleges that’s a violation of 18 U.S.C. § 1951, the federal extortion law and a predicate act for RICO.

Pretend for a moment that one of the defendants did try to get him fired. So what?

He has no such “property interest” under § 1951. That law defines extortion as “the obtaining of property from another, with his consent, induced by wrongful use of actual force, violence, or fear, or under color of official right.” The Supreme Court has ruled that to be “property” under that statute, the thing obtained must be something tangible, something that one could “exercise, transfer or sell.”  Scheidler v. National Organization for Women, Inc., 537 U.S. 393, 405 (2003).  Because TDPK fails to explain what thing any of the defendants could have acquired as result of his being discharged, seeking to have him fired cannot be construed as extortion.

#PoorAttentionToDetail

Team Kimberlin Post of the Day


It will take several days to completely catalog all of the documents provided by The Dread Pro-Se Kimberlin in response to Interrogatories from Aaron Walker, Stacy McCain, and me and my Request for Production of Documents. It may take a bit longer to analyze some of them.

However, it seems clear from our initial scan that TDPK does not have the evidence to prove what little remains of his case. For all intents and purposes, the case is now a legal zombie, and we should be able to put it out of its misery fairly soon.

popcorn4bkAs to what’s in the discovery, please be patient, Gentle Reader. It will have to come out as part of some final court paperwork. The trial is set for one month from today, and we may not get that far. In any event, it would be unwise for Aaron, Stacy, or me to say anymore until certain point of law are dealt with, so for now, expect radio silence on this subject.

The RICO Madness will be the hot topic for the next few days.

Stay tuned.

In Re Discovery for Kimberlin v. Walker, et al.


Just before noon this morning, The Dread Pro-Se Kimberlin delivered what he has proffered as his responses to the Interrogatories and Request for Production of Documents from Aaron Walker, Stacy McCain, and me. Our lawyer and I are reviewing the material. Aaron and Stacy will begin reviewing the submissions tomorrow.

Based on our initial survey of the answers and documentation provided, we feel that our case has been significantly strengthened. However, good legal strategy requires that we keep our findings to ourselves until either further motions are filed or the case comes to trial.

It’s Thursday Afternoon


During the 1 July hearing on motions in the Kimberlin v. Walker, et al. nuisance lawsuit, Judge McGann ordered The Dread Pro-Se Kimberlin to deliver all of the discovery items originally due to Aaron Walker, Stacy McCain, and me to our lawyer not later than noon today. The sanctions imposed at the hearing included TDPK being barred from introducing any evidence related to unproduced discovery during the coming trial.

I’ll be in touch with our lawyer later this afternoon to find out to what extent TDPK complied with the judge’s order. If the legal situation permits, I’ll post further information probably beginning late this evening.

Stay tuned.

Team Kimberlin Post of the Day


On 1 July, Judge McGann granted a motion for summary judgment dismissing the Dread Pro-Se Kimberlin’s claim of intentional infliction of emotional distress in the Kimberlin v. Walker, et al. nuisance suit. That is a ruling on the merits that there were no undisputed facts in evidence and that as a matter of law TDPK could not show that Aaron Walker, Stacy McCain, Ali Akbar, or I had intentionally inflicted emotional distress upon him.

That’s now a settled matter, and the ruling forecloses the possibility of TDPK being able to  make the same claim against us in another lawsuit, including the RICO Madness. The intentional infliction of emotional distress claims in the two suits are very similar. The column on the left is from the state Kimberlin v. Walker, et al. suit. The claim from the Kimberlin v. The Universe, et al. RICO Madness is on the right.BK SACs IIEDpopcorn4bkEven if the state summary judgment didn’t prevent TDPK from making an intentional infliction of emotional distress claim in the RICO Madness, his allegations are hopelessly defective—as I will point out in my motion to dismiss. Coming soon.

Stay tuned.

Team Kimberlin Post of the Day


Here’s part of the story The Dread Pro-Se Kimberlin tried to spin for the court when he got caught forging a summons in the Kimberlin v. The Universe, et al. RICO Madness.ECF 102-3The sharp-eyed Gentle Reader should note two things in that clipping. First, TDPK claims that the Clerk sent him 21 summonses. Second, the clipping wraps between two pages of the docket entry, so the Electronic Comment Filing System tag is visible. Notice that is shows the number of pages in the docket item.

Here’s the ECF tag for the docket item posted by the Clerk that shows all of the summonses issued.ECF 4

Each summons is one page long. Therefore, the number of summonses issued was …?

Let’s not always see the same hands.

That’s right! 18.

BTW, an earlier docket item shows the proposed summonses that TDPK sent to the court. There are 19 of them. Can you guess which one the Clerk didn’t issue?

That’s right, the one for Twitchy. Perhaps because Twitchy was not listed in the caption of the lawsuit as a defendant.

Still, with only 19 proposed summonses submitted, where does TDPK come up with the expectation of 21. Well, he did leave a couple of defendants listed in the caption off of his list of summonsees: Kimberlin Unmasked and Mandy Nagy.

#Loser