Motions and Memoranda

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?

17 thoughts on “Motions and Memoranda

    • Indeed, I’ve had a couple of emails in the last few minutes about the Cabin Boy going all concern-troll over the Walker court filings. Apparently, we codefendants are supposed to be upset. That’s not been the case with anyone I’ve talked with. Everyone seems pleased.

      • This is so predictable. I read the Cabin Boy’s gibberish tweets and he is either lying about what Walker wrote on his blog, or has reading comprehension problems. Or both. The bunny man will be piping up, too.

      • Oh, he’s on KU’s blog right now flipping out about Kimberlin having not broken a single law since his release. I almost pissed myself laughing at that one. You guys need to get over there. HIGH-LARRY-US!

      • What about the times that Mr. Hoge has documented where he perjured himself while under oath? What about the false charges he filed against Aaron? The Cabin Boy just can’t bring himself to admit he got taken by a con man who is just using him.

  1. Is it possible to access copies of the TDPK motions which attempt to get KU’s ID? I’d like to see what he claims and how he reacts in them to the results of the first set of info Google gave him.

  2. Umm, so the dishonest “reporter” does realize that AW’s arguement is that the fed court does not hold jurisdiction on the state claims right? He’s trying to claim that AW is trying to get the state suit thrown out by the federal judges? Reading comprehension fail.

    Also, he seems not to realize that you all have lawyers for the state case. doesn’t mean you have the same, or any, lawyers for the fed case…

  3. I think he believes he’s hazing you all. He doesn’t know that he’s a unbalanced sad old fool, of weak understanding and vicious propensities, who no one would willingly pay any attention to except for the utility of his foolishness and the assorted annoyances and concerns for safety that go with crazy. He leaks all over the place in ways that embarrass or damage his pals, I don’t know what they see in him. I guess by now, a loose cannon that has to be carefully managed lest he turn his crazy hose on them.

    • When it comes to legal issues, he is dumb as a box of rocks. He doesn’t have the decency to feel any embarrassment at his painful ignorance when it comes to the law. Co-defendants usually talk to each other and strategize on defense. As for the “breaking” news of BK’s “expert” witnesses – I had to read the filing to make sure it wasn’t a joke. He is trying to get Naffe in as an expert, when the truth is she is simply a fact witness that BK is going to try to use to relitigate Naffe’s old case against Patterico. You know, the one she lost. Res judicata, anyone?

      • I’m loving the bailiff that is apparently an expert in “threats to judges and witnesses from right wing extremists” Man, I’d love to see those credentials and who issued them.

      • Annnnd…Bill is now tweeting that she filed an appeal. This is getting better by the hour. These people CRAVE shame.

  4. As for Team Kimberlin, the fact that BS designed and sells that gear, without a peep from BK, is evidence of the existence of a Team Kimberlin.

  5. Pingback: Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings : The Other McCain

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