Team Kimberlin Post of the Day


Early on in this blog’s coverage of The Saga of The Dread Deadbeat Pirate (Pro-Se) Kimberlin, I warned him about the public mockery that would result fit he continued a campaign of lawfare against the First Amendment rights of his critic. This post from six years ago is just one example.

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I’m gonna cut to the chase. Here is Defendant Kimberlin’s Response to Plaintiff’s Motion to Deny Motion to Dismiss and Motion for Protective Order for Failure to Follow Rules 4:15 [sic] in the Virginia Walker v. Kimberlin, et al. case. Scroll down to paragraph 8.

<fisking>

Incredibly, …

What’s so incredible that a blogger who has been covering this lawsuit would continue to do so? The hearings are public events. The court documents not under seal are public documents.

… Plaintiff’s associate, William Hoge, …

I suppose that I am associated with Aaron Walker in that I have come to see him as a friend over the past few months. However, I have no interest in his lawsuit with TDPK other than my support for a friend’s First Amendment and other legal rights.

… who was at the hearing with Plaintiff, …

Well, yes, I was at the hearing, and after schlepping all the way from Westminster, MD, to Manassas, VA, I went to lunch with him that day also. I plan to be at the hearing this Friday too.

… has since posted more than a dozen blog posts about this case, …

Sure have. More on the way.

… including many that discuss Defendant’s discovery filings, his response to that discovery and how dire the Defendant’s legal problems are due to his failure to understand or follow the rules.

I have not, however, disclosed the contents of any of the discovery. I don’t have access to any of those sealed documents, and even if I did, I would respect Judge Potter’s order to keep discovery confidential. TDPK is the one who has included material from sealed documents in open filings.<fisking>

<mockery>Dear Dread Pirate Kimberlin:

If you wish me to stop using your motions as a grist for the mill of Internet mockery, I suggest you stop creating the source material.

Also, I’ve worked hard at trying to have a neat and clean appearance here at Hogewash! While I understand that your use of my blog posts as exhibits in your motions is “fair use,” I ask that you at least use good quality screen captures or printouts of my posts. If you can’t get decent versions with your equipment, let me know what you need, and I will be pleased to provide high-resolution electronic copies of any of my material.

Laughingly yours,
W. J. J. Hoge</mockery>

Gentle Readers, I’ll be fisking more of this filing a bit later. Also, I’ll be commenting on TDPK’s reply to the sanctions motion after I’ve redacted the improperly included materials that should have remained under seal.

You’ll need a large bag of popcorn for what’s coming. Stay tuned.

Tick, tock, tick, tock, …

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As it says in the banner at the top of this blog, “Never pick a fight with a man who buys pixels by the terabyte.” The pointage, laughery, and mockification continues.

Gilmore v. Jones, et al. News


A group of the defendants in the Gilmore v. Jones, et al. lawsuit has filed a motion seeking sanctions against the plaintiff and his attorneys for violations of Rule 11 of the Federal Rules of Civil Procedure. Here is a copy of their brief in support of that motion.

The Gentle Reader should note that this motion and brief were served on the plaintiff and his attorneys over three weeks ago, and they were not filed with the court until the plaintiff refused to correct the deficiencies alleged in the brief.

More TERF Wars Stuff


Over at The Atlantic, there’s a piece pooh-poohing the Trump Administration’s consideration of a rule that would require government agencies to consider an individual’s “gender” to be determined by the genitalia the person had at birth—with an allowance for the use of genetic evidence to deal with persons who might be anomalous (such as being XXY).

The agency proposes to define gender “on a biological basis that is clear, grounded in science, objective and administrable.” Which would indeed be ideal at a bureaucratic level.

<sarc>However, such a use of science is clearly impermissible when it gets in the way of the goals of the Party of Science.</sarc> Indeed, certain scientific research relating to persons’ wishes to self-identify with imaginary genders not congruent with their sex is now under political attack, as Julian Vigo notes in a post over at Quillette. The culture-war skirmish over transgenderism is usually handled as a debate about culture or sociology, but really a debate about the primacy of the scientific method—since many of the trans activists’ shibboleths are either scientifically dubious or obviously wrong. Failure to fall in line and be politically correct will get one labeled as a TERF, a trans exclusive radical feminist.

One of the dark ironies informing the trans extremists’ case against their opponents is the insistence that people like me—women—must call themselves cis women. For all their fixation on self-identification and self-selected pronouns, these same activists demand the right to apply made-up terms to others. And if you reject those terms? Well, that’s just taken as more proof that you’re a “TERF.”

Science deals with the Universe as it is, not as we wish it were.

UPDATE—Welcome, Instapundit readers! Thanks for the link, Prof. Reynolds.

Team Kimberlin Post of the Day


Wrong and wronger. That’s probably the best way to describe the “mockery” to which one member of Team Kimberlin, Very Ordinary Seaman Ferguson, tried to subject many of the defendants in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits, especially me. Of course, the proper response was to make Ferguson the object of pointage, laughery, and mockification based on his silly claims. This Prevarication Du Jour from five years ago today is an example of such pushback.

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wilsb8_201310220313ZVery Ordinary Seaman Ferguson thinks that I have a bigger problem now, does he? I suppose he thinks that the two marvelously deficient lawsuits that The Dread Pirate Kimberlin has filed against me are big problems.

They are, but not for me.

If by some chance either of the suits survives a motion to dismiss, Brett Kimberlin will have to answer a lot of questions during discovery, and he will provide discovery this time. Because if he doesn’t, that will be grounds for dismissal. So either each suit is dismissed, or Kimberlin is subject to discovery, or he ducks discovery again and each suit is dismissed.

Of course, I suspect that one or more of the defendants in either or both of the suits will have counterclaims, and they will likely multiply after discovery. Also, I suspect that one or more of the defendants in either or both of the suits will be adding parties as part of their counterclaims. If I were a member of Team Kimberlin, I’d … no, I not gonna give ’em any advice.

The lawsuits aren’t a problem. They’re a golden opportunity.

I’m reminded of a line from the movie Patton.

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The one suit against me that made it past motions to dismiss resulted in Kimberlin being sanctioned for playing games with discovery. And then he lost the case at trial. All his other lawfare failed on motions to dismiss or a motion for summary judgment.

And the pointage, laughery, and mockification continues.