Team Kimberlin Post of the Day


One of the recurring themes in The Dread Pro-Se Kimberlin’s complaints and motions and such is that we <sarc>mean, nasty, evil RICO conspirators</sarc> have been spreading all our false narratives in order to drive traffic to our websites, improve our SEO rankings, etc.

Actually, I started blogging about Brett Kimberlin when I became aware of his anti-First-Amendment thuggery aimed at Aaron Walker and Stacy McCain. I intend to keep writing about him until he’s brought to justice.

But let’s get back to blog traffic. Hogewash! is a very minor league blog. It’s Alexa worldwide ranking (as of around 10 pm yesterday) was 619,019. To put that in perspective, my codefendants Stacy McCain (The Other McCain) and Michelle Malkin (Twitchy) are ranked 123,816 and 7,428, respectively.

To put it into perspective from the other direction, the top rated Kimberlin website is Breitbart Unmasked at 702,992. VelvetRevolution.US comes in at 3,594,532. The other Kimberlin sites that are ranked are Koch Watch (5,120,626), Occupy for Accountability (9,617,666), Justice Through Music Project (11,512,975), and Protect Our Elections (18,122,776). None of the other roughly 20 Kimberlin websites that I routinely monitor have enough traffic to be ranked.

You know, it just may be that a big part of Brett Kimberlin’s butthurt is jealousy that he can’t compete in the field of ideas with the likes of Michelle Maklin or Stacy McCain. Or even me.

Team Kimberlin Post of the Day


Back in June of 2014, Judge Hazel ordered The Dread Pro-Se Kimberlin to serve copies of the Second Amended Complaint in his Kimberlin v. The Universe, et al. RICO Madness on all the defendants. He never bothered to serve Aaron Walker, Stacy McCain, Ali Akbar, the National Bloggers Club, or me during the 120 days allowed for service.

Aaron and I have been proactively engaging with TPDK and his court filings. Stacy elected to wait until he was served with the intention of responding within the 14 day window after service. TDPK never served him, so Stacy never responded.

popcorn4bkBrett Kimberlin tired to outcrazy Stacy McCain while he had him on the witness stand during the Kimberlin v. Walker, et al. trial. He failed miserably, but he didn’t learn his lesson.

He’s now seeking a default judgment against Stacy when, as Stacy so ably put it “Plaintiff hasn’t even bothered to provide a bad forgery of such alleged service.” Federal Rule of Civil Procedure 4(m) failure to serve within 120 day is grounds for mandatory dismissal. Also, TDPK was ordered by the Court to effect service. Failure to obey that order is grounds for dismissal under Rule 41(b).

All TDPK had to do was mail Stacy a copy of the SAC.

All Stacy had to do was wait.

 

In Re RICO Madness Once Again


The Dread Pro-Se Kimberlin has asked Judge Hazel to pay no attention to the letter request Aaron Walker and I filed last week.

UPDATE—I note that TDPK has opposed our request for a motion to strike but has not opposed our request to file responses to his surreply. Given his reasoning in his second paragraph, Judge Hazel should take that as TDPK having no opposition to our being allowed to respond.

Team Kimberlin Post of the Day


In yesterday’s TKPOD I quoted The Dread Pro-Se Kimberlin’s inadvertent admission that he has no case in the Kimberlin v. The Universe, et al. RICO Madness.ECF 249-p12This is not the first time TDPK has run aground on the shoals of particularity. During the first day of the Kimberlin v. Walker, et al. nuisance lawsuit trial, Judge Johnson explained the requirement to him.BKvAWday1p44_45 The Gentle Reader may remember that TDPK lost that trial via a directed verdict in favor of the defendants because he could not produce a “scintilla” of evidence to support his case.

The Walker, et al. case was a walk in the park compared to what will be coming Kimberlin’s way if the RICO Madness survives the motions to dismiss. There will be discovery, and it will be more interestingly focused. There will be depositions. There will likely be counterclaims. Parties may be added as counterclaim defendants.

Of course, TDPK could come to his senses and dismiss the suit. There is still time. The ram has not yet touched the wall.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin has included an admission that he has no case in his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness.ECF 249-p12Unfortunately for TDPK, the Federal Rules of Civil Procedure and applicable Supreme Court decisions require that his case be pleaded with particularity. He needs to say that Defendant A took action B on date C and caused damage D. Furthermore, since TDPK is alleging fraud, Rule 9 applies; it states “a party must state with particularity the circumstances constituting fraud …”

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), was a decision of the Supreme Court of the United States involving civil procedure. It heightened the pleading requirement for Federal civil cases, requiring that plaintiffs include enough facts in their complaint to make it plausible—not merely possible or conceivable—that they will be able to prove facts to support their claims. In Ashcroft v. Iqbal, 556 U.S. 662 (2009) the Court clarified and tightened the pleading standard set forth in Twombly. “Threadbare” recitations of the element of a tort with no connection to what happened in the real world are not acceptable. A well-pleaded allegation says who did what to whom, when it occurred, and what the resulting damage was. With particularity.

* * * * *

popcorn4bkYou know, TDPK’s opposition to Lee’s motion amounts to a surreply to my motion, and the Local Rules don’t allow for surreplies without leave from the Court. I could try to have it thrown out on that basis. Or I could let it stand with its admission that Kimberlin has no case.

Decisions. Decisions.