Prevarication Du Jour

Xenophon the Troll has a post over at Breitbart Unmasked (No, I won’t link to it.) in which he tries to evoke Aristophanes’s play The Wasps in connection with Aaron Walker’s efforts to protect himself from The Dread Pro-Se Kimberlin’s lawfare. In doing so, he demonstrates his lack of familiarity with the play and its backstory. The Wasps is a satirical jab by Aristophanes at the demagogue Cleon who had falsely prosecuted Aristophanes for defamation. Does Brett Kimberlin really want his propaganda website reminding people of a failed, vexatious slander suit that became a source of ridicule?

Of course, the post also is chock full of misrepresentations and flat-out lies.BU20140103aNo, that’s not how service works. Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure allows

sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served …

Note that service by email requires permission from the person being served. (The Maryland Rule is similar.) TDPK does not have permission to serve me by email in the Kimberlin v. The Universe, et al. RICO Madness because I do not trust him to send me the same papers he would be filing with the court. That is based on experience. The Amended Complaint he served on me by mail is not the same as the one shown as Docket Item 2 on PACER. I want to be able to show the judge what TDPK actually served me, so I require service by hard copy.

In the state Kimberlin v. Walker, et al. lawsuit, my lawyer has asked for service by email. The only hard copy is the one filed with the court. The same lawyer also represents Aaron Walker and Stacy McCain, so when he receives service by email from TDPK, all three of us are considered served. Until the scheduling hearing in late November, Kimberlin was neither filing timely answers to our motions nor serving copies of his filings on our lawyer. During that hearing, the judge ordered him to begin proper service on our lawyer. So the following is simply false.BU20140103bTDPK has never properly served me with a single court paper in the RICO Madness. The certificate of service with his motion for extension of time falsely claimed that he served me by email. Kimberlin has been haphazard (at best) in his attention to detail in his conduct of both of his lawsuits. My codefendants and I plan to use all of his mistakes to our advantage. Some are real doozies. Wait and see.

9 thoughts on “Prevarication Du Jour

  1. Congratulations to Xenophon for making himself look like an idiot with his pretentious greek history veneer.

    Although this is not as idiotic as his membership in the filthy lawbreaking band that is Team Kimberlin. Shame on them and shame on “Xenophon” the transparently ignorant pseudo-intellectual internet warrior.

  2. I would not knowingly open an attachment emailed by Brett Kimberlin. I hope your lawyer employs adequate precautions when he accepts service by email, and has a machine dedicated to the purpose that he uses for no other task.

  3. Pingback: Brett Kimberlin vs. the World | Batshit Crazy News

Leave a Reply