While checking on the case docket for the RICO Madness, The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. lawsuit, I found Docket Item 18, a motion from TDPK asking for extra time to respond to the motions filed by defendants in the case. Apparently, it didn’t dawn on TDPK that defendants might waive service of process and file timely responses to his complaint. You see, if he doesn’t offer an opposition to a motion to dismiss, the judge can consider that motion without a hearing or any further input from him. Any opposition to my motion to dismiss is due not later than close of business on 30 December, and most of the other responses are due around 6 January. Given that he filed his motion on 23 December and that defendants have 15 days to respond before the court takes up his motion, … let’s see … 23 + 15 – 31 … the earliest the court should consider his motion is 7 January.
Which brings us to today’s prevarication. This is the Certificate of Service from TDPK’s motion:Rule 5 of the Federal Rules of Civil Procedure requires that papers filed with the court be sent to all parties. TDPK says he did not bother to do that. Strike one.
Service by email requires permission of the party being served. I know of at least three defendants who have filed motions and have not granted such permission. Strike two.
I have received no such email, and that calls into question the veracity of his claim of making even limited service of the motion on the suit’s defendants. Strike three.
It appears that The World’s Worst Pro-Se Litigant™ has managed to file a motion containing a provably false statement while the court is considering a motion to require him to file all further court papers under penalty of perjury. Brilliant!
UPDATE—I should point out that Brett Kimberlin does NOT have permission to serve me by email.