Prevarication Du Jour


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:BK RICO Extension Motion certRule 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.

9 thoughts on “Prevarication Du Jour

  1. The low, petty Kimberlin’s latest small-minded foray into little-league pro-se litigation might go on only a little shorter than what he was reaching for.

    Team Kimberlin must be so proud of their teen-admirin’, bombin’ hero. I can’t wait to see how they twist themselves in knots trying to praise his incompetent and abusive actions toward our justice system. The little doggie is too afraid to bark on his own behalf, so he has to get his dinky thoughts out by the moral and mental midgets whose tiny, undersized consciences allow them to take his side.

  2. When you sue The Universe, you have to budget for postage. Oops. A couple of dollars per party would send a document to everybody within a day.

    But then “prevaricating” about who has been sent an email is pretty dangerous, since Kimberlin’s reputation is the subject of the case.

    • It is a perfect opportunity to note to the court Brett Kimberlin’s convictions for forging documents, and, perjury, the fact that he sent John Hoge a “filing” that was not a true copy of what was actually filed, Kimberlin’s association with the self-described “hacker” Neal Rauhauser, Rauhauser’s association with anonymous and, the recent set of circumstances that has befallen Rauhauser’s ex-wife when she recently started tweeting.

      It is a perfectly reasonable precaution against a perjurer to demand a hard copy rather than an e-mail. Kimberlin could send a false copy omitting critical, time-sensitive information and, then, claim it was altered when reported to the court. It is also perfectly reasonable to never open an attachment from a person who associates with hackers.

      • BigSkyBob is right about bringing all of these issues to the attention of the court as they arise and making them part of the record. In some cases, if you don’t do so, you waive your right to object at a later date.

  3. “With prejudice” is how you want it dismissed. With whatever Rule 11 sanctions you can get. And see if you can have him added to the vexatious litigant list too.

    Otherwise he just refiles.

  4. Pingback: FMJRA 2.0: 2013 Finale : The Other McCain

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