Very 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 is 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.