Team Kimberlin Post of the Day


While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexations federal lawsuit by reposting some of the highlights of the past year’s coverage. Here’s my motion to dismiss his first amended complaint.

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Team Kimberlin Post of the Day

Originally Posted on 12 December, 2013

RICOMadnessThe Dread Pirate Pro-Se Kimberlin has filed a frivolous and vexatious RICO lawsuit against 20+ defendants, including me. I was given 60 days from 19 October to respond to his Amended Complaint. I have done so with a Motion to Dismiss. Under Local Rule 105, TDPK now has 14 days to file any opposition to my motion.

Here is a copy of my motion. I do not wish to make any further public comment on it until the judge has ruled on it.

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Of course, TDPK couldn’t be bothered to respond in a timely manner.

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Team Kimberlin Post of the Day

Originally Posted on 30 December, 2013

RICOMadnessThe Dread Pro-Se Kimberlin seems a bit overloaded by the schedule he set for himself by suing so many defendants in the Kimberlin v. The Universe, et al. RICO case. Apparently, he didn’t expect so many of us to waive service of process and file motions to dismiss in the last week of the 60-day waiver period.DocketItem18-4That’s nonsense. The principle of judicial economy normally leads a court to settle issues with no more expense of its time and resources than necessary. Thus, if only one of the motions to dismiss filed in the RICO Madness is sufficient to eviscerate TDPK’s case, the court could dismiss the suit and get on to other matters. My motion to dismiss is first in line. The court could go ahead and consider it, and, if Brett Kimberlin hasn’t filed an opposition by close of business this afternoon, judicial economy might lead the court to do so quickly without further input from TDPK. If mine isn’t sufficient, there are more on the docket.

It’s not in the interest of justice to require the defendants in the RICO Madness to meet the deadlines set by the Federal Rules of Civil Procedure and allow extra time for Brett Kimberlin to deal with the mess he made for himself.

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At this point, we were only about 2-1/2 months into the adventure and the paperwork was only just getting started.

Team Kimberlin Post of the Day


While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexations federal lawsuit by reposting some of the highlights of the past year’s coverage. Here’s another early from Hogewash! concerning that lawsuit.

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Team Kimberlin Post of the Day

Originally Posted on 23 October, 2013

Last Wednesday, Brett Kimberlin handed me a copy of  the original complaint he filed in his Kimberlin v. The Universe, et al. RICO lawsuit. According to Rule 4 of the Federal Rules of Civil Procedure, that was not legal service of the complaint or the “summons” which came with it.

(c) Service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

Also, the “summons” that accompanied the complaint was defective on its face.

The first sheet is the notice of the suit. It does not have the case number on it. Neither does the summons. Also, Kimberlin had given me zero days out of a minimum of thirty to reply to the waiver for service, and it’s dated the day before he handed it to me.

The summons itself is not signed by the Clerk of the Court, so it’s not valid.

What this boils down to is that I haven’t been served with the suit because the wrong person handed me unfinished paperwork.

Durum hoc est sed ita lex scripta est.

Fail.

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The Gentle Reader can see from this post that TDPK began diddling with service of court papers from Day One of the lawsuit. This as continued. Indeed, the Certificate of Service on the last court filing he bothered to send me is not the same as what he filed with the court.

Team Kimberlin Post of the Day


While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexations federal lawsuit by reposting some of the highlights of the past year’s coverage. Here’re the first couple of posts from Hogewash! concerning that lawsuit.

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Prevarication Du Jour

Posted on 16 October, 2013

Bill Schmalfeldt is fantasizing that Brett Kimberlin’s frivolous RICO suit has struck fear into the hearts of the five defendants in his similarly meritless state lawsuit, and that our lawyers are no longer interested in representing us.ftrrnews201310161835ZFear? Well, not exactly in my case. I learned of the case by checking the Cabin Boy’s blog at 9 this morning. My lawyer for this morning’s hearing had stepped out of the conference room to check on something, and when she returned, I was laughing at the major stupidity of Brett Kimberlin’s action. On advice of counsel, I’ll say no more than that.

And as to the matter of having counsel to advise me, no one who is on board the current legal team has expressed any interest in leaving. A second attorney will likely be lead counsel for the RICO suit, but there’s plenty of time to sort that out.

UPDATE—Kimberlin Unmasked is also suitably unimpressed.

[Note: The Kimberlin Unmasked link is now dead.]

Team Kimberlin Post of the Day

Posted on 17 October, 2013

Brett Kimberlin personally handed me a copy of his federal RICO lawsuit Kimberlin v. National Bloggers Club, et al. in the foyer of the Historic Courthouse in Westminster yesterday morning. Once again, I am one of the et al. Here is a scan of the suit.

I really don’t like disabling comments on a post, but I’m going to do it for this one. Here’s why: Kimberlin’s complaint is so mind-bogglingly defective that almost any comment will help him improve it. I have no intention of doing anything to help him. I want him to have to work very, very hard for his ultimate failure.

On the advice of counsel I have no further comment.

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Comments are enabled for the repost. TDPK’s initial complaint was so screwed up that he filed an amended complaint within two days.

Team Kimberlin Post of the Day


One of the allegations The Dread Pro-Se Kimberlin made in his second amended complaint of his Kimberlin v. Walker, et al. nuisance lawsuit was that Aaron Walker and I had created a false criminal complaint that his wife filed against him.BKvAW2013 SAC-38This is just one of the allegations for which TDPK failed to offer one “scintilla” (Judge Johnson’s word) of evidence.

It is true that Mrs. Kimberlin dropped all civil and criminal action against her husband. It is true that she told me about the dismissal. It is not true that she ever told me that the charge of third degree sexual offense she laid against him was “inaccurate.” Or false.

While Brett Kimberlin could have taken the stand and denied the charge, the best way he could have proved its falsity would have been for his wife to take the stand and recant it. As Judge Johnson noted during a bench conference—

THE COURT: Do you know the witness you really need?

MR. KIMBERLIN: Huh?

THE COURT: Is your wife here?

No. She wasn’t. TDPK claimed that she was at home packing for vacation. I don’t believe him. At least, I don’t believe that she was at his home. Mrs. Kimberlin was apparently unwilling to testify on her husband’s behalf, and he had no case without her testimony.

popcorn4bkI’ve been informed that TDPK is beginning the process of appealing the Kimberlin v. Walker, et al. case. Given that he has no real grounds for appeal, he probably thinks that he’s prolonging the harassment that he put us through for the past year. What he doesn’t seem to understand is that real effect an appeal with be to keep the publicity going and to amplify the Streisand Effect.

Stay tuned.

Team Kimberlin Post of the Day


Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven count in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.

As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:

• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.

Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:

• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.

TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.

Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.

All is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin seemed especially interested in this blog’s ability to raise money. Here’s part of his direct examination of me during the Kimberlin v. Walker, et al. nuisance lawsuit trial.

MR. KIMBERLIN: Right, so and every day you have a post called Team Kimberlin Post of the Day?

MR. HOGE: That’s one of the features of my blog.

MR. KIMBERLIN: Right, uh-huh. And you also have a donate button on your blog where you can raise money and ask people to donate to you, right?

MR. HOGE: Actually it’s called a tip jar, but yes.

MR. KIMBERLIN: Yeah, tip jar, uh-huh. Okay, and you started this campaign called Everybody Blog about the Howard County Prosecutors. Can you tell just why that was started?

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. HOGE: Yes, Mr. Walker and his wife showed me credible evidence that you had, in fact, stalked them in the parking lot of the Howard County District Courthouse in Ellicott City. And when Mr. Walker and his wife went to talk with the State’s Attorney’s Office they were told by Assistant State’s Attorney Brewer that if they didn’t want to be harassed they should stay out of Maryland. And that didn’t strike me as responsible way for a State’s Attorney’s Office whether they’re going to nolle pross the, and not follow-up on charge or not, that just struck me as a very unfortunate attitude for a State’s Attorney’s Office. And so I thought they should be held accountable for it.

MR. KIMBERLIN: So you started this campaign and had people calling. How did it work?

MR. HOGE: Well basically the idea was that people should ask the State’s Attorney himself if that was, in fact, his policy.

MR. KIMBERLIN: So that’s where all this Maryland is for Stalkers kind of —

MR. HOGE: I have no idea where exactly that came from. I have seen that there was a blogger who for a short time had on Zazzle which is one of these internet sales companies a bumper sticker that said that. I think it was probably a parody on Virginia being for Lovers.

He brought up the Maryland is for Stalkers bumper sticker while Aaron Walker was on the stand as well. I don’t believe that it has been a very big seller, but it sure got under his skin. Of course, it’s entirely possible that it generated more sales than any of the Team Kimberlin merchandise that was offered by Brietbart Unmasked.

I wonder … is fundraising so precarious at JTMP and VRUS that TDPK is now jealous of my minor league blog?

Oh … one more thing … it seems to annoy Brett Kimberlin for folks to hit my Tip Jar.

Team Kimberlin Post of the Day


It was pretty obvious from the load of … ah … junk he gave us in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin didn’t understand the rules of evidence or how to properly structure his case. He proved both during the trial. For example, consider this question he was never able to ask of Stacy McCain because it dealt with hearsay.

MR. KIMBERLIN: So do you know what the Southern Poverty Law Center is?

MR. OSTRONIC: Objection Your Honor.

THE COURT: What does the Southern Poverty Law Center have to do with this case?

MR. KIMBERLIN: Well Mr. McCain has —

THE COURT: The Southern Poverty Law Center, what does that have to do with this case?

MR. KIMBERLIN: Mr. McCain is considered a neo-confederate — is one —

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Well —

MR. KIMBERLIN: And the Southern Poverty Law Center

MR. OSTRONIC: Objection, Your Honor.

THE COURT: Hold on a second. Counsel I appreciate you objecting to my question but I’m not going to overrule myself. That’s not something I do. So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?

MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —

THE COURT: I understand all of that but what does it have to do with this case?

MR. KIMBERLIN: Because —

THE COURT: And the claim that you are making against these gentlemen?

MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists —

MR. OSTRONIC: Objection.

THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.

MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.

THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.

MR. KIMBERLIN: All right.

MR. KIMBERLIN: Mr.—

THE COURT: Your objection’s sustained.

Of course, TDPK was trying to paint Stacy McCain as a racist, and that’s nonsense. Furthermore, given some of the racial epithets that TDPK is on record as have said and written, it was particularly unseemly for him to be trying to tar anyone else with that brush.

Even if Stacy or I or any of our codefendants were racist, that had no bearing on whether or not what we said and wrote was true, and TDPK had to prove that our words were false. Stupid is as stupid does, and TDPK tried to bring up racism a second time.

MR. KIMBERLIN: Have you ever been identified as a member of the hate group League of the South?

THE COURT: I’m sorry, what was that, what group?

MR. OSTRONIC: Objection.

MR. KIMBERLIN: League of the South.

THE COURT: League of the South?

MR. KIMBERLIN: It’s like an offshoot of the KKK.

MR. OSTRONIC: Objection, Your Honor.

MR. KIMBERLIN: It believes in —

THE COURT: What’s that relevant to, sir?

MR. KIMBERLIN: Well he brought it up.

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: Huh?

THE COURT: He didn’t bring up the League of the South.

MR. KIMBERLIN: He talked about he’s not a racist.

THE COURT: Well the fact that he brought it up without objection doesn’t make it relevant. I mean what is the jury going to do with this? We’re not here about whether anybody is a racist or not, are we?

MR. KIMBERLIN: Well no, but he’s tried —

MR. MCCAIN: You’re white by the way.

Never try to outcrazy Stacy McCain.