The Dread Pirate Kimberlin keeps filing motions with little or no connection with the law or reality, and he wonders why he is a source of laughter on the Internet. Of course, he really doesn’t have much choice in the small corner he has painted himself into. The DeLong judgment (a million bucks plus) is still hanging out there unsatisfied, and anything that would show that he has an above-poverty-level income would result in the attachment of his assets. Still, you’d think that he could come up with less nonsensical arguments. Then again, maybe not.
Yesterday, we took a look at Dan Backer’s reply to TDPK’s Motion to Order Plaintiff to Cease and Desist and for Sanctions Against Plaintiff’s Counsel in the Virginia Walker v. Kimberlin, et al. lawsuit. Today, we’ll begin looking at TDPK’s reply to that reply.
<mockery>This post will be a fisking of paragraph 1.
Plaintiff’s counsel argues that he has aright [sic] to raise money off this case and to do so off the internet.
Yes, he argues that because it’s true.
The problem with this argument is that Plaintiff has repeatedly said that Dan Backer is handling this case pro bono, see Exhibit A, yet Mr. Backer has stated that he has been paid thousands of dollars in legal fees for this litigation. Exhibit B.
The problem with that sentence is that it is untrue and not even supported by the Exhibits cited. Exhibit A does say that Mr. Backer is on the case pro bono, and he is. Exhibit B does not say that he has received any legal fees. It does describe expenses incurred in the case, including fees paid to other lawyers, but there’s nothing in it about funds paid to Mr. Backer. In Exhibit B Mr. Backer clearly states, “I have not taken one dime of these funds for myself.” You know, if I were trying to show that someone was being paid, I’d find a document that supported rather than refuted my claim.
He can’t have it both ways.
True, and since Mr. Backer isn’t trying to, he doesn’t have a problem. And TDPK doesn’t have any facts to hang his assertion on.
No wonder Judge Potter ruled against the motion.</mockery>
There’s more nonsense in this motion which we’ll take at look at later.
It would probably be less expensive for TDPK to throw in the towel at this point, but I doubt that he will. He’s more likely to fight the case to the bitter end. That means there will be more of his actions to mock. Regardless of how much trouble he has caused or may cause in the future, he’s now a laughingstock of the Internet.
So pop some more popcorn, settle down, relax, and stay tuned.
And in the words of my French colleague, “And, if you think you got a nasty taunting this time, you ain’t heard nothing yet!”