Team Kimberlin Post of the Day

Last Wednesday, The Dread Pirate Kimberlin handed me a partial copy (page 19 was missing) of his amended complaint in his Maryland Kimberlin v. Walker, et al. lawsuit. I am one of the et al. Under Maryland Rule 2-121 that did not constitute service of process because the copy of the complaint provided was incomplete. Under Rule 2-123 service was invalid because it was attempted by a party to the suit.

These are the sorts of mistakes one expects from a novice pro se litigant. They’re actually a bit surprising from someone who has filed “over a hundred lawsuits” on his own. OTOH, TDPK is probably stuck representing himself pro se. Both the Maryland and Federal Rules require that a lawyer certifies that to the best of his knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the factual contentions of a filing have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Face it. No sane lawyer is going to risk sanctions or, perhaps, his law license by putting his name on the stuff TDPK is asserting in his various suits.

If Brett Kimberlin is very lucky, the judge will grant my motion to dismiss before discover begins.

It’s possible that this suit may survive the motion to dismiss stage. If is does, I won’t have to worry about paying my lawyer. He’s working pro bono. However, there will be other expenses for thing such as work by paralegals and researchers, transcripts, filing fees, deposition costs, etc. You can help. You can volunteer to do some of that work for my fellow defendants and me, or you can make a donation to help pay for that work to be done. Go to BomberSuesBloggers to find out how.

9 thoughts on “Team Kimberlin Post of the Day

    • IANAL, but the thing I would worry about, were I DPBK, is opening those organizations up to discovery. A real accountant and five minutes with the books would be interesting.

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