Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin began one of his whiny pleadings in his vexatious Kimberlin v. The Universe, et al. RICO Madness with this—ECF 49-1Well, that’s wrong.

OK, it’s true that I write about TDPK every day, and I intend to do so every day until he is brought to justice. It’s not true that I write false things about him, at least, not on purpose. I have occasionally made errors, and I when I do, I promptly publish corrections. For example.

Recently, this blog published documentary evidence of Brett Kimberlin’s forgeries of multiple documents submitted as exhibits to pleadings in three lawsuits. He has admitted to forging a summons in the RICO Madness and a Certified Mail green card in the the state Kimberlin v. Walker, et al. nuisance suit. He has admitted in open court that he has never paid the fee for Restricted Delivery with any of his mailings. That admission against interest essentially proves that the other green cards with the Restricted Delivery box marked are bogus.

BaghdadBlob20140113Hogewash! has not been the source of the false narrative being spun about service of process in TDPK’s anti-First-Amendment lawsuits.

#Liars

You can help my codefendants in the Kimberlin v. Walker, et al. lawfare (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend our First Amendment rights from TDPK’s attack. Go to Bomber Sues Bloggers to find out how.

Team Kimberlin Post of the Day


Here’s the Cliffs Notes version of the hearing for those Gentle Readers who don’t want to slog through the entire 9 April transcript from the Kimberlin v. Walker, et al. nuisance lawsuit during which The Dread Pro-Se Kimberlin admitted that he forged an exhibit in the case by altering a Certified Mail green card. He added a check mark to indicate that the card was for Restricted Delivery.

THE COURT: This is about the exact same brief green card being filed—the support motions you filed, the different docket entries, one showing the restricted delivery box checked and one not.

MR. KIMBERLIN: Your honor, like I said I asked the post office to send it restricted delivery.

THE COURT: You’re not answering my question.

MR. KIMBERLIN: Yes, I changed—

THE COURT: Did you change it?

MR. KIMBERLIN: Yes, I did.

THE COURT: And then you filed it representing that it accurately reflected the green card that had been filled out.

MR. KIMBERLIN: No, no, no, I filed it and accurately—it accurately reflected what I told the post office to do and that’s what it is. Like I said I’m a pro se litigant and—

THE COURT: Don’t even use that with me.

MR. KIMBERLIN: Okay, okay—

THE COURT: You know it’s one thing to say I’m pro se so I don’t understand rules or I don’t understand how to get something in and the rules of evidence and another thing to alter something and file it. I’m reading your motion right now to see exactly what you represented it to be when you filed it again at docket entry 59 so give me a minute.

So, in your motion at docket entry 59 and 60 at paragraph seven, you say, “Plaintiff does not need to provide an affidavit because the documents on which this motion is based are prima facie evidence, an official ticket from the Fairfax County Sheriff, Postal Service envelopes with tracking numbers, and a statement by defendant Akbar whom [unintelligible] sworn under the penalties as perjury.” So, you’re telling me that when you attached these copies of the green card, you weren’t intending to represent that those were accurate?

Earlier in the proceeding, TDPK also admitted that he has never paid for Restricted Delivery for any of his mailings.

MR. KIMBERLIN: I did not change them intentionally. When I go to the post office, I ask them to do it so it’s registered or whatever it’s called, restricted delivery, and they did not do it. He’s saying that there’s an extra fee. I’ve never paid an extra fee for restricted delivery.

That admission calls into question the validity of several Certified Mail green cards submitted by TDPK in both the Kimberlin v. The Universe, et al. RICO Madness and the Kimberlin v. Kimberlin Unmasked copyright trolling.

#DoNotPassGo

Sanctions Hearing Transcript


Here is the transcript of the 9 April, 2014, sanctions hearing in the Kimberlin v. Walker, et al. nuisance lawsuit.

You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from The Dread Pro-Se Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

UPDATE—It seems that the news of the hearing on the 9th is getting around and that some of the other defendants in the RICO Madness would like to bring it to the attention of Judge Grimm.

Team Kimberlin Post of the Day


Here’ another example of The Dread Pro-Se Kimberlin’s carelessness in his pleadings. It’s from the prayer for relief in his proposed second amended complaint.ECF 100-2k$2,000.000 is two-thousand dollars. The last time I checked, $2,000 does not exceed $75,000.

That math error is not the only consequential problem with that claim.

#Fail

Team Kimberlin Post of the Day


This is from The Dread Pro-Se Kimberlin’s latest pleading in the Kimberlin v. The Universe, et al. RICO Madness.ECF 119-6TDPK also insisted that the applicable statute of limitations on his false light claims was three years in an earlier pleading as well. He’s wrong.

According to his earlier filing, he asserts that Allen v. Bethlehem Steel is the controlling authority. He represented that case as being a decision by the Maryland Court of Appeals, our state’s highest court. It isn’t. As I pointed out in my reply to his opposition to my motion to dismiss—

In paragraph 2 of [his opposition] Plaintiff misrepresents the case law cited to the Court, asserting that Allen v. Bethlehem Steel Corp., 314 Md. 458 (1998), is a decision of the Maryland Court of Appeals. It is not. It is a decision of the Court of Special Appeals, and, as such, it is not binding on this Court. Smith v. Esquire, Inc., 494 F.Supp. 967 (D. Md. 1980) remains the controlling precedent this Court should follow.

Federal courts are bound to follow a state supreme court’s decisions about state laws, but not the decisions of lower state courts. Since there is a precedent set in a federal case about the false light statute of limitations, it is the controlling law in the U. S. District Court until the Court of Appeals rules otherwise.

#Fail

In Re Kimberlin v. National Bloggers Club, et al.


RICOMadnessI have had several requests for an update of the status of The Dread Pro-Se Kimberlin’s RICO Madness. While I usually refer to the case as Kimberlin v. The Universe, et al., it is properly styled Kimberlin v. National Bloggers Club, et al.

As of noon today, PACER shows the following:

1. Neither Twitchy, Dan Backer, The American Spectator, nor Lynn Thomas have been added as parties to the case.

2. There is no order shown on the docket granting or denying TDPK’s motion for a second amended complaint.

3. There is no order relating to possible sanctions against TDPK for sending the forged summons to Twitchy.

4. All the dates for oppositions or replies to open pleadings have passed.

This means that both TDPK’s motion for a second amended complaint and the possible sanctions against him are still pending.

If the Court were to allow the second amended complaint, then there will be another round of motions to dismiss from the defendants, oppositions from TDPK, and replies from the defendants. If the Court denies the motion for a second amended complaint, then the pending motions to dismiss are ripe, and the Court will proceed to consider them on its own timetable.

Stay tuned.

Team Kimberlin Post of the Day


The Gentle Reader who has been following The Saga of The Dread Pro-Se Kimberlin’s RICO Madness should not be surprised to learn that TDPK has been caught in yet another lie on a court pleading. When he filed his reply to the oppositions to his motion for a second amended complaint in his vexatious Kimberlin v. The Universe, et al. lawsuit, he certified that he served a copy on me by U. S. Mail on 9 April.ECF 119-certThe envelope containing the copy mailed to me bears a postmark of 11 April, 2014.postmark20140411The judge in the RICO case has already admonished TDPK in a Letter Order about diddling with service of pleadings on the defendants. It’s stunning that he’s still trying to pull that crap. But what’s really mind-boggling is that he filed that bogus certificate on last Wednesday, the same day that another judge let him have it for misleading her court.

#Stupid

Team Kimberlin Post of the Day


Apparently, The Dread Pro-Se Kimberlin has never read any of the motions to dismiss filed in hid vexatious Kimberlin v. The Universe, et al. RICO Madness.ECF 119-3

Oh, yes we have. For example, here’s a brief selection from my motion to dismiss that deals with the lack of merit of his defamation claim.ECF 5-33Here’s a sample from DB Capitol Strategies’s motion to dismiss dealing with problems in TDPK’s false light allegations.ECF 8-VIHere’s a part of what The Franklin Center had to say about the inadequacy of TDPK’s defamation claim.ECF 16-1Among many other issues, The motion from Michelle Malkin and Twitchy noted this deficiency in TDPK’s allegations under the Ku Klux Klan Act.ECF 41-DAnd so on and so on, through the motions from Aaron Walker; RedState, Erick Erickson, RedState, James O’Keefe, and Simon & Schuster; and Glenn Beck, Mercury Radio Arts, and The Blaze.

It’s not the case that we defendants failed to point out the lack of merit in TDPK case. Rather, Brett Kimberlin chose not to correct his errors.

#Fail

Team Kimberlin Post of the Day


Here’s a real howler from The Dread Pro-Se Kimberlin’s reply to the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. It’s from paragraph 5.ECF 119-5Uh, huh.

Here’s a partial list of deficiencies that I pointed out in my motion to dismiss his first amended complaint that are not addressed in his proposed second amended complaint.

1. The caption of the first amended compliant filed with the Court is not the same as the caption on the purported “first amended complaint” sent to me.

2. Neither version of the complaint alleges with particularity the elements of mail fraud or wire fraud. TDPK never specifies (1) who (2) knowingly made a (3) material (4) false statement (5) intended to deceive an alleged victim (6) who justifiably relied on the statement (7) resulting in injury to the victim. He never identifies a victim either.

3. Neither version of the complaint alleges any particular act of meeting the definition of extortion.

4. Neither version of the complaint properly alleges the elements of a RICO conspiracy. TDPK never specifically alleges how he was injured in his business and property by any actual violation of any of the RICO predicate acts.

5. The only specific statement of mine claimed to be defamatory was made outside the bounds of the statute of limitations. The second amended complaint restates the same allegation.

6. Neither version of the complaint properly alleges the elements of intentional infliction of emotional distress.

7. The first amended complaint does not identify which blogger named William Hoge who resides at 20 Ridge Road, Westminster, Maryland 21157, TDPK is suing. The second version does not clarify this point.

That’s a tiny list. There are a couple of hundred pages of motions to dismiss filed against the first amended complaint that call out many more deficiencies. Adding nonsense about Team Themis did not repair the problems with the first amended complaint.

#Fail

Team Kimberlin Post of the Day


The Gentle Reader who has been following the Saga of The Dread Pro-Se Kimberlin and his vexatious lawsuits should not be surprised to find that TDPK has mischaracterized the arguments presented in the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. Here’s one of the tales he tries to spin in that reply.ECF 119-7Of course, it is true that by expanding his complaint with 60% more verbiage did not result in a short statement of the nature of his case. It is also true that he still doesn’t allege a sufficient set of facts upon which a claim for relief could be based. The defendants’ arguments are not incredible, but the facts upon which they are based are mind-bogglingly weird.

The Dread Pro-Se Kimberlin was given an opportunity to clean up his complaint. Instead, he has doubled down on stupid.

#Fail

 

Team Kimberlin Post of the Day


One of the ludicrous allegation that The Dread Pro-Se Kimberlin makes in his proposed second amended complaint filed in the Kimberlin v. The Universe, et al. RICO Madness is found in paragraph 188.ECF 100-188

18 U.S.C § 1512 is a federal witness tampering statute, and section (d) reads:

(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—

(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [sic] supervised release,, [sic] parole, or release pending judicial proceedings;
(3) arresting or seeking the arrest of another person in connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;

or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

TDPK never bothers to explain in his fantasy complaint who might have attempted to prevent him from doing one of those things in any federal proceeding.

He also avoids any mention of § 1512(c). It reads:

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

Yeah, he probably doesn’t want to remind the court about the penalty for altering a document to impair its integrity.

But, Your Honor, I’m Pro Se


The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.

Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.

Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court  …” Kimberlin v. Kimberlin Unmasked.

TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.

Team Kimberlin Post of the Day


RICOMadnessTake a look at this from the first paragraph of The Dread Pro-Se Kimberlin’s latest pleading in his Kimberlin v. The Universe, et al. RICO Madness.ECF 119-1TDPK has named Twitchy as a defendant in his proposed second amended complaint, but the court does not yet consider Twitchy a part to the lawsuit. The court list the parties on PACER. The list is in alphabetical order. Here’s an extract of the list.Parties
If Twitchy were on the list, it would be listed between The Franklin Center and Aaron Walker.

#Fail

Running At The Redline


A lawyer for another defendant in the Kimberlin v. The Universe, et al. RICO Madness has sent me a copy of The Dread Pro-Se Kimberlin’s new redline version of his proposed second amended complaint. In my opposition to his motion to amend I pointed out that he failed to highlight the addition of Twitchy to the caption of the redline he initially submitted.

Twitchy is highlighted in the caption of this redline, but take a look at the notation for Dan Backer. The editing flag on the side shows that entry replaced “Twitchy,” but “Twitchy” isn’t in that that location in the first amended complaint. “Twitchy” isn’t included in that caption at all.

I seems that TDPK ran the comparison with the bogus version of the first amended complaint he sent to me and some of the other defendants rather than version he filed with the court.

#smh #notreadyforprimetime

Would You Like Some Cheese With That Whine?


The Dread Pro-Se Kimberlin has filed his reply to the oppositions to his motion to file a second amended complaint in his vexatious Kimberlin v. The Universe, et al. RICO Madness. I’ll let the nonsense speak for itself.

UPDATE—Lawyerly analysis from Aaron Walker can be found here.

UPDATE 2—A partial transcript of the hearing can be found here.

Don’t Even Use That With Me


That ‘s what Judge Joan Ryon sternly told the The Dread Pro-Se Kimberlin when he tried to use his pro se status to excuse his alteration of a document filed with the court in the Kimberlin v. Walker, et al. nuisance suit. The judge told TDPK that she wanted to fine him and took a recess to research whether or not she had the statutory authority to do so. She determined that she did not, so TDPK got off with a warning not to file any further forgeries with the court.

TDPK withdrew all of his motions for sanctions, so the net of the morning is status quo ante—except that Kimberlin is now skating on very thin ice.

My codefendant Stacy McCain will have a more detailed report at his blog.

Team Kimberlin Post of the Day


My part of the preparation for the hearings coming up this morning in the Kimberlin v. Walker, et al. nuisance lawsuit was the task of cataloging some the evidence regarding the apparent forgeries that The Dread Pro-Se Kimberlin has submitted as exhibits attached to his pleadings in both the state case and the Kimberlin v. The Universe, et al. RICO Madness. If it seems as if my blogging has been a bit light recently, that was caused, in part, by the extent of this task.

Based solely on documents filed by TDPK or issued by the Clerk of the U. S. District Court for Maryland, there apparent forgeries relating to service of process on Ali Akbar, “Breitbart.com,” Kimberlin Unmasked, Stacy McCain, and Twitchy. BTW, in his response to one of the show cause orders in the RICO Madness, TDPK as already admitted to altering the summons he sent to Twitchy.

Today, may be an interesting day.

Stay tuned.

One more thing … You can help my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me defend ourselves from Brett Kimberlin’s vexatious attack on our First Amendment rights. Go the Bomber Sues Bloggers to find out how.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin his filed two different versions of a Certified Mail green card in his state Kimberlin v. Walker, et al. nuisance lawsuit and federal Kimberlin v. The Universe, et al. RICO Madness.9871_a9871_bNow, one could imagine that TDPK might have tried to file different versions in the different lawsuits, but, in fact, he managed to file both versions in the state suit. And he’s been caught. There will be a hearing on a motion for sanctions relating to the forged green card in Montgomery County Circuit Court on Wednesday.

Stay tuned.

Team Kimberlin Post of the Day


There’s an interesting week ahead.

On Wednesday, there will be a hearing in the Circuit Court for Montgomery County, Maryland, dealing with sanctions and some other matters in the Kimberlin v. Walker, et al. nuisance suit.

On Thursday, The Dread Pro-Se Kimberlin’s replies are due to oppositions to his motion to file a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. The oppositions are from Aaron Walker, Michelle Malkin, Twitchy, and me.

There are other matters proceeding in both cases that I’m not at liberty to discuss yet.

Stay tuned.

Team Kimberlin Post of the Day


Here is yet another flat-out falsehood in the second amended complaint that The Dread Pro-Se Kimberlin has moved to file in his vexatious Kimberlin v. The Universe, et al. RICO Madness.ECF 100-116In an excellent example of his inattention to detail, TDPK provided the actual “threat” he claims to have received as Exhibit Y of his opposition to my motion to dismiss his first amended complaint.ECF 29-ExYThe Gentle Reader can see that TDPK has misquoted the comment.

So it seems that TDPK is not only a liar, but an incompetent one as well.

Team Kimberlin Post of the Day


It’s sorta/kinda interesting to watch the signs of desperation popping up among the member of Team Kimberlin. There are signs that The Dread Pro-Se Kimberlin himself is in over his head. Take a look at these clips from the second amend complaint he filed in the Maryland Kimberlin v. Walker, et al. nuisance suit.BKvAW2013SAC-14BKvAW2013SAC-115Notice that he inserted a paragraph number in the middle of paragraph 14. That shifted the paragraph numbers in the remaining paragraphs. Also note that paragraph 115 is followed by paragraph 103 causing there to be several paragraphs with the same numbers. That error was present in the original and first amended complaints, but TDPK did not bother to correct it in the second.

One of the requirements for filing an amended pleading in Maryland is that a marked up copy showing the changes be provided along with the new version of the pleading. TDPK has not yet served such a markup on my lawyer, and, given the stunning lack of attention to detail in his second amended complaint, I wonder if he bothered to do any sort of checking of his pleading before he filed it.

Hmmmm.

Team Kimberlin Post of the Day


RICOMadnessHere’s some more nonsense from The Dread Pro-Se Kimberlin’s proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-37Velvet Revolution US is the 501(c)(4) that TDPK cofounded with Brad Friedman. It operates a website called Indict Breitbart (No, I won’t link to it.) which, like all the VRUS sites, has a Donate button.IndictBrietbartdotorg

The domain was registered in September, 2010.
IndictBreitbart_Reg

Raising money off of false narratives …

Hmmmm.

In Re Kimberlin v. Walker, et al.


The Maryland Judiciary Case Search database indicates that The Dread Pro-Se Kimberlin has filed a second amended complaint in his nuisance lawsuit in Montgomery County, Maryland, Circuit Court. My lawyer has not yet received service of the amended complaint.

I do not expect to have any further comment on the case until after I have reviewed the amended complaint with my lawyer.

UPDATE—TDPK has emailed my lawyer a copy of the second amended complaint filed in the Maryland suit. The copy we received is not properly signed and does not include the required marked up version.

I will have no further comments on this amended complaint until I have discussed it with my lawyer.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin is suing my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me for a million bucks because we have written truthful things about his past and current behavior and have expressed opinions about him. Here’s an opinion the Stacy McCain has expressed that TDPK imagines is defamatory. It’s taken from paragraph 49 of TDPK’s amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAW2013-49That’s an expression of an opinion Stacy holds about Brett Kimberlin, and the expression of such an opinion is protected speech under the First Amendment. You can help us defend ourselves from TDPK’s vexatious attack on our free speech rights. Go to Bomber Sues Bloggers to find out how.

Oh, one more thing … I agree with Stacy.