Judge 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me seeking to have the grant of extra time for The Dread Pro-Se Kimberlin to respond to defendants’ motions to dismiss rescinded in the Kimberlin v. The Universe, et al.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.