Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin has tried to claim that he isn’t a public figure. That’s rubbish. He became an infamous public figure as a result of his convictions for drug smuggling, bombings, etc. Since then, he’s sought publicity by means of the “music” he has inflicted on the public. Still, he included this in his second amended complaint for the Kimberlin v. The Universe, et al. RICO Madness—ECF 135-39

This is yet another “so what?” TDPK’s status as a public figure is only important insofar as it bears on his defamation claim. Since he’s suing under Maryland law, that means that it has no bearing on the case. You see, in Maryland the standards for proving defamation are the same for private individuals and public figures.

collateral estoppel t-shirtAs of now, we have a final judgment in the Kimberlin v. Walker, et al. nuisance lawsuit that Kimberlin didn’t present a “scintilla” of evidence that he had been defamed. That’s a settled matter now. Res judicata and all that. Moreover, there is case law saying that collateral estoppel applies not only to the points he tried to raise in that suit but also to all the matters available for him to raise in support of that claim of defamation. His defamation claim is not only merely dead, it’s really, most sincerely dead.

popcorn4bkWhich brings us to the Contest. No one has caught the fatal error that Aaron Walker found in TPDK’s motion for a new trial in the Kimberlin v. Walker, et al. case. There’s a Hogewash! Res Judicata coffee mug waiting for the winner.

Meanwhile, the timer is ticking down on the due date for TDPK’s omnibus opposition to the motion to dismiss the RICO Madness.

Stay tuned.

UPDATE—A bit of clarification … TDPK is trying to make a damage claim based on defamation per se. Under Jacron Sales Co. v. Sindorf, 277 Md. 165, 352 A.2d 810 (1976), a private individual seeking such damages must meet the same standard of proving actual malice as a public person would under NYT v. Sullivan.

Team Kimberlin Post of the Day


Now that The Dread Pro-Se Kimberlin has asked for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit, he’s asking the Court of Special Appeals to put his appeal of his loss on hold.

timer-blackI wonder: does this mean that TDPK figured out that his first round of appeal paperwork was due the same day as his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness?

Whatever. The timer is ticking down.

The Contest is still ongoing. No one has yet come up with the fatal error that Aaron Walker found in the Dread Pro-Se Kimberlin’s motion for a new trial.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin is a convicted perjurer. Maryland law prohibits convicted perjurers from offering testimony in court. Since that disability does not apply in federal court, I suspect that one of the reasons for the Kimberlin v. The Universe, et al. RICO Madness is get around that disability.

This is from TDPK’s second amended complaint.ECF 135-6_7Certainly, his RICO and civil rights claims raise federal questions, so the federal court does have jurisdiction there. However, the court does not have jurisdiction based on diversity of citizenship. That cannot exist because Brett Kimberlin and I both reside in Maryland. That disconnect applies as long as I’m a party to the lawsuit.

The court only has jurisdiction on the state law claims if it has concurrent federal jurisdiction. Otherwise, TDPK has to sue in state court for those claims which puts him up against his perjury problem. Thus, it is critical to TDPK’s case to salvage one of the federal causes of action.

TDPK either must find a way to save at least one federal claim out of the alleged facts contained in his second amended complaint or he should expect to see his suit dismissed. The court has order no amendments to the complaint, so he isn’t supposed to allege any new facts. Each of the motions to dismiss points out apparently fatal deficiencies in his allegations. In my motion I show that he has not properly alleged that I committed any of the predicate acts to support a RICO claim and that he doesn’t properly allege a violation of the Ku Klux Klan Act by me. His other federal claim only applies to Patrick Frey.

popcorn4bkIf Brett Kimberlin were smart, he’d dismiss the whole lawsuit. Since he isn’t and won’t, the best he can hope for is that the motions to dismiss will be granted. Otherwise, the defendants will have to answer the suit, and discovery will begin. I leave it to the Gentle Reader to imagine some of the topics that will be raised by the 20 remaining defendants. Did I mention that we each get to ask 30 interrogatories or that we each get 30 requests for production of documents or that we each get to submit 30 requests for admissions? And did I mention that we all get to conduct depositions?

That omnibus opposition to our motion to dismiss is due in less than two weeks.

Tick, tock.

 

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin seems to project his own behavior onto others.ECF 135-124That’s from his second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness. It doesn’t pass the giggle test, especially with respect to Glenn Beck, Michelle Malkin, The Franklin Center, or RedState. No one in his right mind would believe that their coverage of Brett Kimberlin has had any significant effect on their Internet presence.

Yes, my coverage of TDPK has probably generated a significant percentage of the interest in Hogewash!, but I’ve published a mix of documented facts and satire. What few errors I’ve published have been corrected when they were verified. That doesn’t qualify as creating false narratives.

OTOH, many of the fundraising websites with DONATE buttons that benefit Justice Through Music Project … well, let’s just say they are very selective in what truth they might contain. False narratives? That’s not for me to say, but they don’t strike me as trustworthy.

timer-blackMeanwhile, the timer is ticking down. TDPK’s omnibus opposition to all the motions to dismiss his RICO Madness are due at close of business two weeks from today. Perhaps he will find some creative way to explain to the court why his paragraph 124 supports a claim upon which relief can be granted. He might even surprise us with a truthful narrative to support him claims.

Don’t hold your breath.

And in other news … there’s still no winner in the contest.

Team Kimberlin Post of the Day


One of the reasons that The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness ran way over the 50-page limit established by the Court’s Local Rule is that he include a lot of extraneous material that doesn’t support his case. Consider this:ECF 135-33TDPK never explains how anything Team Themis might have done is in anyway connected with any defendant in the RICO Madness. If he could prove that any tortuous conduct occurred, he should sue Team Themis, the U. S. Chamber of Commerce, and the FBI. Not us.

However, since he brings up the subject, take a look at the list of “targets.” Brett Kimberlin and Brad Friedman are the co-founders of Velvet Revolution US, and Friedman is one of its directors. Justice Through Music and Velvet Revolution are the two not-for-profits that provide Kimberlin his day-to-day employment. Stop the Chamber is a fund raising activity operating under the wing of Velvet Revolution.

Hmmmm

Meanwhile, the timer is ticking down on TDPK’s omnibus opposition to the motions to dismiss the RICO Madness. It’s due two weeks from tomorrow.

The contest to spot TDPK’s truly magnificent error in his motion for a new trial in the Kimberlin v. Walker, et al. case is still running. There have been some great entries, but no one has found what Aaron Walker noticed. Yet.