Last Monday, The Dread Pro-Se Kimberlin filed an motion asking for more time to answer motions filed by defendants in the Kimberlin v. The Universe, et al. RICO Madness. He attached a certificate of service that claimed that he had served his motion on some of the defendant, including me.
He lied. He has never sent me a copy of the motion. I got a copy when I downloaded it from PACER, the court’s online records system, last Friday, the day it was posted online.
TDPK’s response to my motion to dismiss was due today (Monday, 30 Dec), and, since I hadn’t filed a response to Kimberlin’s motion for more time before today, the court let him have until 17 January to respond.
I did file an opposition and motion to strike today, the next business day the court was open after I found his motion online. As you can see in the Letter Order below, the judge had not seen my response when he wrote his order.
There are a few things to note in the order. First, the judge feels that the motions to require verified pleadings are unnecessary because he will hold TDPK to the requirements of Rule 11. Holding Kimberlin to that standard gives me what I want without granting my motion.
Second, the judge didn’t buy TDPK’s stories about needing time find a lawyer or that answering defendants’ motion might ruin his holidays. “Thus,neither of these arguments merits an extension of time, and certainly not an additional two months as requested.”
Third, TDPK was given until 17 January to get all of his replies to existing motions into the court. That’s two weeks from Friday.
Fourth, TDPK was given a homework assignment. The judge has ordered that Kimberlin SHALL FILE a status report for each defendant describing whether that defendant has been served; if so, the date and method of service; and, if not the effort he has undertaken to serve that defendant. Those status reports is due on 10 January. I find it interesting that the judge would take an interest in status of service to the defendants. Perhaps, the issue improper service raised in some of the pending motions has piqued his curiosity.
For the record, here is a copy of the opposition and motion to strike that I filed today. I do not wish to make any further comments on it until the court has ruled on it.
UPDATE—Here is TDPK motion: