Last week, I filed a motion to dismiss in the Kimberlin v. The Universe, et al. federal RICO lawsuit. This week, Aaron Walker filed his motion to dismiss in that case, and I’m given to understand that there will be at least one more such motion will be filed soon, probably today.
You can read the Walker motion here. It’s short and sweet. It simply asks the court to dismiss based on the facts and law discussed in an attached memorandum. I was sent a copy of the memorandum because I’m a party in the suit. It is very detailed and pushes the limit for the maximum allowable length of a filing with the court. Aaron says that he will publish it soon. Like my motion, Aaron’s memorandum argues that The Dread Pro-Se Kimberlin has not adequately stated a case for any federal claims and that, because of that, the federal court lacks jurisdiction over any state law issues. However, my motion is a bare skeleton of details compared to Aaron’s fully fleshed-out memorandum.
Aaron has also filed a motion to require verified pleadings from TDPK, and I’ve been led to believe that ours will not be the only ones. If the judge grants one or all of those motions, all further court papers from TDPK will have to be submitted under penalty of perjury.
Meanwhile, back at the Montgomery County Circuit Courthouse, Aaron has exercised his right as a party in the Kimberlin v. Walker, et al. case to file an memorandum in opposition to TDPK attempt to get further information from Google concerning Kimberlin Unmasked’s identity. Google did not oppose Kimberlin’s first motion to compel but has filed an opposition to Kimberlin’s second motion.
And so TDPK’s frivolous and vexatious lawsuits move along. You can help my four codefendants and me in the Kimberlin v. Walker, et al. lawsuit defend ourselves from TDPK’s attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.
UPDATE—I’ve just finished reading another RICO defendant’s motion to dismiss. It makes some additional points of law that reinforce the arguments in the Walker and Hoge motions.
UPDATE 2—The Walker motions in the RICO suit are not up on PACER yet. They have only be distributed to the parties thus far. So how is it that a non-party is able to make comments on Aaron’s motions? If they have been shared by the Plaintiff, wouldn’t that tend to indicate the actual existence of a Team Kimberlin? Wouldn’t the existence of Team Kimberlin tend to undermine some of the allegations made in the state lawsuit?