#BrettKimberlin Gets His Extra Time

RICOMadnessJudge Grimm has denied the motions filed by Aaron Walker and me seeking to have the grant of extra time for The Dread Pro-Se Kimberlin to respond to defendants’ motions to dismiss rescinded in the Kimberlin v. The Universe, et al. lawsuit. However, the judge has taken note of TDPK’s cavalier attitude with respect to serving papers on defendants.

The failure to serve a party is no mere technicality. If there were any ambiguity, Plaintiff now is made aware that neither Walker nor Hoge has consented to electronic service, and that Fed. R. Civ. P. 5(b)(2) requires physical service—that is, the delivery of a filing in hard copy by hand, mail, or other method expressly approved of in Rule 5—unless a party consents to electronic or other service in writing. Proper service is a prerequisite for filing, and future motions will not be considered in the absence of proper service.

It will be interesting to see if TDPK will now begin to properly serve court papers on the defendants in the RICO Madness.

UPDATE—Team Kimberlin offers this comment.TK201401090000Z

16 thoughts on “#BrettKimberlin Gets His Extra Time

  1. My hypothesis after seeing this post – Projection Bill would be gloating on Twitter, proclaiming a bloodbath of a Hoge/Walker loss.

    Checks Twitter.

    Confirmed. Predictable Bill can be another name for him. Also, “Missed the damn point” Bill, as Mr. Hoge highlighted the key paragraph… which is potentially very bad news for the serial non-server (if he keeps it up). Far worse than the “loss” today in the motion, and not an improvement for TDPK’s original extension request. Why is only getting 2 weeks not cited as a loss too? Rhetorical question, of course.

    And I always find it entertaining how quick Projection Bill gets a hold of (certain) documents regarding cases where is is not a party. Must be his (unnamed) connection in the Clerk’s office.

    What a tool.

  2. BS seems to think that filing motions is “telling the judge how to do his job.” Newsflash: most of legal practice in a lawsuit is exactly that. Filing motions. Another newsflash: US District Court judges have something called “law clerks.” They are the ones who work 80-100 hours a week reading this stuff, not the judge. They summarize all the arguments for the judge and write up the orders. They do not like to be lied to, either, so remember to vividly point out the lies that appear again and again.

    • In a way, yes. The court has politely and gently told BK he’s best get with the program. The court has also said that in the interest of judicial economy, it will overlook his deficiencies this time.

  3. Wait? Is this the same Rule 5 that McCain is always talking about?
    (Seriously. He’s acting as his own lawyer, but getting tripped up on making copies and mailing them out.)

  4. how can he bring a lawsuit against 20 odd people over 2 months ago and NOT have had most of them served with the complaint by now?? Seriously he had ol’ Bill huffing and puffing about how you guys “need to take this seriously” and yet has he served Beck? Malkin? Mercury Arts?? ANYONE beyond his feeble attempts to serve you, McCain, Worthing and KU?? It’s almost like he was just using this “lawsuit” to squeeze info out of Google and maybe one or two others before it gets tossed by a judge in the trash (where it belongs)…. O.o

    • To be fair, the Federal Rules of Civil Procedure give him 120 days to affect service. He filed on 15 October, so his time runs out on 12 February. The judge has ordered him to report on the status of service to the RICO defendants on 10 January. (I best guess it that the judge ordered the report because of question raised about service in various motions from defendants.) From what I hear through the grapevine, I suspect that he will claim to have served 17 or 18 of the 22 defendants by the 10th.

  5. I didn’t say this earlier for obvious reasons, but I knew it was a long shot when I filed it, and I told John the same. The deadline had already passed for John and was about to pass for me. It was possible for the judge to get really mad at Brett and say he loses the chance to oppose our motions to dismiss, but one can never count on that. And if the judge chose to shorten it, it would create its own problems.

    My suspicion always was that the judge just didn’t want to hear one MTD after another, after another. That is why he gave Brett his “homework assignment.” Because he expects to get motions to dismiss from every single defendant, and doesn’t want to consider them one at a time and is worried that Brett is not doing what he has to in terms of service of process.

    So I knew it was likely to be a “defeat in victory” for Brett. I got what I frankly expected to be the most likely outcome, which still has value. The judge is now hearing from us that Brett jacked around with service and my sense of it is the judge believed us. So Brett won the round, but he is bleeding in front of the judge and the judge has even more evidence that Brett is not acting in good faith. And this was AFTER the judge gave him a homework assignment that suggested the judge doubted Brett was doing his job in terms of service.

    And I honestly appreciate the fact that the judge did consider what we wrote at all. Its one thing to lose, but its another thing, to lose and not even even have a chance to be heard. Brett’s shenanigans put the judge in a terrible position, but I think given that situation the judge was trying to be fair to us.

    Finally, let’s all point and laugh at how Schmalfeldt didn’t understand that a motion to reconsider was a real thing, thinking the judge would just say res judicata and be done with it. Heh. Baghdad Blog will point at this glorious victory. But Brett knows this exchange hurt him in front of the judge and rightly so. Brett never knows when it is time to act right.

    • “But Brett knows this exchange hurt him in front of the judge and rightly so ” I think you’re giving him more intellectual credit than he deserves but otherwise like I told Hoge, keep up the good work, many ppl who don’t comment are pulling and praying for you!
      and BTW
      Fuck you Bill

    • You never know what’s going to happen before a judge, but going by the tone of the orders so far, he is giving BK leeway, probably because he is pro se, and the judge is also creating a record for appeal to show that he bent over backwards for BK. Spelling out rules, especially Rule 11 (now at least twice) are shots across the bow. Moreover, to overworked courts, an argument advancing judicial economy can be a powerful one.

      • The counter argument for judicial economy is simply to note that because the suit lacks both a factual and legal basis after ruling on the first motion to dismiss the judge most likely will dismiss the Rico complaints against the rest of defendants. After rejecting Kimberlins guilt-by-association Rico claims, the rest of federal criminal torts alleged against most defendants could be dismissed for lack of accusation, allowing the federal court to punt the remaining issues to state court. John and Aaron, but not Kimberlin Unmasked, Ali or Stacy, could then answer the equally specious arguments about the Ku Klan Act, and such. Again, after quickly disposing of them, the judge could punt the state-level claims and be done with the whole case.

  6. That passage about Brett being on notice reminds me of the bench warning that Judge Rasinski (sp?) gave to Baghdad Blob. Like last time, he is missing the significance of it. When a judge warns you like that, it behooves you to listen.

  7. Wow, BS is trying a misdirection on the anonymous comment. Apparently his logic is since the IP block in question is owned by a company in Chicago, the person who sent it must be from Chicago, and that person is likely Lynn Thomas.
    Problems with that theory. 1st, the chicago based company IS A WEBHOST! 2nd, the speed-burst.com company is also a webhost, so they a reseller, by their phone number, from near detroit…3rd, google the IP. It is used by MANY proxy services.
    In other words, BS, 5 minutes of honest detective work EASILY refutes your claims…

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