Let’s do a bit of fisking of a paragraph from The Dread Pro-Se Kimberlin’s second amended complaint in Kimberlin v. The Universe, et al. RICO Madness. Paragraph 265 begins,
Defendants, intentionally and willfully engaged in a concertedcampaign of online defamation, false light, …
<fisking>TDPK’s going to have a lot of trouble with those allegations given his catastrophic loss on his claims of defamation and false light in the Kimberlin v. Walker, et al. nuisance lawsuit. Collateral estoppel.</fisking>
false narratives, …
<fisking>He keeps using that phrase. I do not think it means what he thinks it means.</fisking>
<fisking>Speaking of false narratives, TDPK’s claim that Aaron Walker assaulted him was thrown out by the District Court and Circuit Court in Montgomery County over two years ago. More collateral estoppel.</fisking>
intimidation, threats, …
<fisking>While Hogewash! has certainly never published a threat directed at TDPK, it is possible that he has been intimidated by some of the truthful reports of his activities published here.</fisking>
<fisking>It would be interesting to see TDPK explain how anything published here defrauded him.</fisking>
the filing of groundless civil suits and criminal charges, …
<fisking>TDPK’s identical claims in the state suit were thrown out before trial. Still more collateral estoppel.</fisking>
cyber bullying …
<fisking>He haz sad. Bloggers wrote truthful things about him.</fisking>
and acting unlawfully, …
<fisking>I think this is where the mopery with intent to lurk comes in.</fisking>
in order to cause damage to Plaintiff in his lawful businesses, both as an employee of Justice Trough Music …
<fisking>If JTMP has a beef against me, it should hire a lawyer and sue me. TDPK doesn’t have standing to sue on its behalf.</fisking>
and as a musician.
<fisking>He keeps using that word. I do not think it means what he thinks it means.</fisking>
If TDPK vexatious suit does survives the motions to dismiss, imagine what it will be like when my fellow defendants and I conduct discovery and depose TDPK on such matters.
This is from The Dread Pro-Se Kimberlin’s defamation claim in his Kimberlin v. The Universe, et al. RICO Madness.Now that TDPK has lost his defamation claim in the state Kimberlin v. Walker, et al. nuisance lawsuit, perhaps I can trick you Unsuspecting Readers into spend some of your hard earned cash on Collateral Estoppel goodies from The Hogewash Store. Or perhaps I can interest you in some Hogewash! Res Judicata trinkets.
It doesn’t seem that TDPK has yet figured out that he should cut his losses and drop the RICO Madness, so we probably have to finish slogging through the motion-to-dismiss stage of that lawsuit. That may take a while. Therefore, you Unsuspecting Readers may wish to stock up on popcorn, Jujubes, Raisinets, Junior Mints, Milk Duds, or Red Twizzlers available via Amazon.
As part of my background research on the Dread Pro-Se Kimberlin, I dug up a bunch of the reviews of his authorized biography Citizen K from when it was published in 1996. Considering that he hasn’t let the one year statute of limitations on defamation stop him from suing me over a non-defamatory blog post written more than a year before he filed suit, TDPK may want to consider adding these media outlets to the new suit he says he’s cooking up.
New York Times—
Mr. Singer began his reporting for the book in the summer of 1993, by going back to Indiana and checking up on what Mr. Kimberlin had told him. What he learned led him, almost immediately, to the conclusion that his subject was a liar of substantial proportions.
Having since decided that his subject was, in fact, lying, he’s returned to the tale and fleshed out Kimberlin’s manipulative personality.
Citizen K lied. Brett lied. Lied about selling pot to Quayle. Lied about everything.
Quayle, it now seems, deserves apologies.
Los Angeles Times—
Singer eventually found nearly all his complaints without foundation.
By the end of this complex tale you are left regretting that Singer and the New Yorker overlooked the sound advice of a New Yorker writer of an earlier time, James Thurber. One of his fables, about a feckless horse, ends with a moral all reporters should keep close to their hearts: “Get it right or let it alone. The conclusion you jump to may be your own.”
You see, Gentle Reader, Brett Kimberlin’s reputation as a liar goes a long way back.
Dave Weigel has a very balanced account of the Kimberlin v. Walker, et al. nuisance lawsuit up at The Daily Beast.
Since I’ve been asked to comment on the piece, I’ll add this: Dave Weigel skipped over my testimony in the case. I assume that he did so because the questions asked of me were so pointless and did so little to move the case one way or the other.
Read the whole thing.
UPDATE—Stacy McCain adds his thought here.
UPDATE 2—I want to offer a second to Aaron Walker’s comment below. The Dread Pro-Se Kimberlin’s shills would not be cluttering the comment section of Dave Weigel’s article if it weren’t seen as a problem by Team Kimberlin. Look, folks, the piece was published by The Daily Beast. It’s aimed right at Kimberlin’s natural constituency. It might actually cause one or two of his supporters to begin to ask questions. That’s worth more in the long run to the cause of bringing Brett Kimberlin to justice that a one-hour exposé on Fox News.
I’m in general agreement with Ali Akbar’s comment as well.
UPDATE 3—Ann Althouse has blogged about Dave Weigel’s post, and her comment section is quite interesting.
Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.
No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.
I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.
I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.
TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.
And maybe not.
He is making noises about appealing his loss in the state lawsuit.
Yesterday, apparently tanned, ready, and rested after a vacation to Hawaii, The Dread Pro-Se Kimberlin filed a motion for issuance of judgment in the state Kimberlin v. Walker, et al. nuisance lawsuit. That’s the one Aaron Walker, Stacy McCain, Ali Akbar, and I won on a directed verdict after the court found the TDPK had presented no evidence to support his allegations of defamation or false light invasion of privacy. His motion makes it clear that he plans to move either for a new trial or to appeal when he gets the appropriate paperwork in hand.
It’s also pretty clear from his argument that he doesn’t understand why he lost the lawsuit. While it’s good news that he is barking up the wrong tree looking to overturn the directed verdict, it’s bad news that we will have to expend more legal effort to put down a zombie case.
You can help my codefendants and me defend the First Amendment rights to speak and publish. Go to Bomber Sues Bloggers to find out how.
Judge Hazel issued the following order in the Kimberlin v. The Universe, et al. RICO Madness:Well?