Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin haz sad because a mean bunch of bloggers mock him on the Interwebz. Here’s part of his whining in his recent letter to Judge Hazel.ECF 165 topof2TDPK knows full well that court filings are public documents and that they can be published. That’s why he put Aaron Walker’s personal information in a filing in the Kimberlin v. Allen lawsuit as a way of doxing Aaron.

Of course, I publish what TDPK files, and, of course, I mock it. There’s no way that I’m going to let Brett Kimberlin hide any of his shenanigans in these vexatious nuisances lawsuits, and I mock his filings because they are risible.

As for “threatening doom” or “pretending to be the Court,” TDPK is reading more into what I write than what I actually have written. Personally, I believe the facts and the law are on my side in both the state and federal cases. That means I expect to win. If that’s a threat of doom, so be it. However, I know that any time one goes to court, the unexpected can happen. I can’t (and won’t) predict what the Court will ultimately do.

Junior MintsOTOH, I do recommend that the Gentle Reader should stock up on popcorn or Jujubes or Raisinets. And if those don’t suit your fancy, how about Junior Mints?

Stock up from Amazon, and stay tuned.

 

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

Team Kimberlin Post of the Day


Judge Hazel’s order concerning how The Dread Pro-Se Kimberlin has to go about filing his motion for a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness requires that TDPK meet the normal standards for pleading the facts and the law related to his motion. My guess that is that this will be the hardest hurdle for TDPK to get over.ECF 168 at 2 TDPK seems to have great difficulty putting a proper signature block on his filings Rule 11(a) says:

 The paper must state the signer’s address, e-mail address, and telephone number.

Brett Kimberlin rarely provides that information. Rule 11(b)(3) will be particularly difficult for TDPK to handle.

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery[.]

Yep. TDPK needs to actually have some evidence to prove his allegations. Note that the judge has warned TDPK that failure to meet the requirements of Rule 11(b) can result in the judge sanctioning Kimberlin on his own initiative. (Sua sponte is Latin for “on his own accord.”)

jujubesNow, it’s been brought to my attention that not everyone is into popcorn. Therefore, Hogewash! is also offering Jujubes via Amazon. Stock up today, and stay tuned.

In Re RICO Madness


Last week, The Dread Pro-Se Kimberlin filed a sealed motion for a preliminary injunction (which he did not bother to serve on me) in the Kimberlin v. The Universe, et al. RICO Madness. Judge Hazel unsealed the motion this morning, and issued an order relating to it and some other pending matters.

Also this morning, I filed the following request for permission to file a motion.

Aaron Walker filed the following three letters.

I may have some comments later today or this evening. I expect that Aaron Walker will have a comment up at Allergic to Bull shortly.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading –

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.

MR. KIMBERLIN: And —

THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —

MR. KIMBERLIN: Yes.

THE COURT: — you’re worse than Al Capone.

MR. KIMBERLIN: Yes.

THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

Team Kimberlin Post of the Day


I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.BK v AW 2013 Op2MSJ-1TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.

Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.

Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.

res_judicata_mugsThe hearing on our motions is scheduled for 7 August. If things go well, that will be the end of the case. Otherwise, we will go to trial on 11 August.

BTW, all sorts of nifty Res Judicata stuff is for sale over at The Hogewash Store.

In Re RICO Madness


As you can see from the letter that Paul Alan Levy has sent to Judge Hazel, The Dread Pro-Se Kimberlin has made some sort of filing in the Kimberlin v. The Universe, et al. RICO Madness, and he is asking that it be sealed. As Mr. Levy notes, TDPK has not served copies of his filing on any of the pro se defendants.

As I wrote earlier, this is a sign of abject stupidity.

The Gentle Reader may wish to consider stocking up on Jujubes and Raisinettes as well as popcorn.

UPDATE—Stacy McCain weighs in here.

UPDATE 2—rsm20140724

Copyright Trolling Meets RICO Madness


The Dread Pro-Se Kimberlin seems to have his panties in a knot over being caught again trying to play green card games. He’s filed this in his Kimberlin v. Kimberlinunmasked copyright trolling case.

He has also filed this in the Kimberlin v. The Universe, et al. RICO Madness.

TDPK wants a hearing bearing on the truth or falsity of his green card forgeries?

Go ahead. Make my day.

Team Kimberlin Post of the Day


Sure enough, there’s dirty work afoot.

However, I can’t report on the details of the amazingly stupid stunt that The Dread Pro-Se Kimberlin pulled yesterday. First, I don’t have all the information necessary, and, second, the fact that I don’t relates to the abject stupidity of his action.

All I can say for now is that TDPK must have finally figured out how desperate his situation really is.

Investment Tip: Buy popcorn futures.

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.