What’s Next?

As I noted after the hearing on Monday, the Kimberlin v. Walker, et al. lawsuit survived the motion to dismiss stage and will proceed. When reviewing a motion to dismiss, the standard applied by a judge requires a presumption that the allegations made by the plaintiff are true and, given that, there’s a chance that he can make his case. The judge ruled that the amended complaint passed that test, so we will now see if the allegations are true.

The next step in the process is the defendants answers to the complaint. My lawyer is working on my answer, and I expect that it will be filed very soon. I’m given to understand that the answers from the other defendants will also be filed quickly.

After our answers are filed, the Maryland Rules give The Dread Pro-Se Kimberlin 15 days to file his oppositions. (He’ll actually get 18 days because the court allows 3 days for delay through the mail.)

Meanwhile, the Kimberlin v. The Universe, et al. RICO Madness goes on. The information TDPK filed with the federal court concerning service of process on the defendants shows that he did not meet the requirements for adequate service in California, Colorado, DC, Illinois, New Jersey, Virginia, or West Virginia, so it is possible that some of those defendants may choose to ignore whatever he sent them. However, he probably did meet the requirements for service in Georgia, New York, and Texas. I estimate that there might be around a dozen motions to dismiss being filed in the RICO Madness during the two week period beginning 20 January. TDPK will have 17 days (14 days plus 3 for mailing) to file his oppositions to those motions.

So during a period running from roughly 5 through 17 February, Kimberlin will have responses due for perhaps 15 or 16 docket items in the state and federal lawsuits. For now, he should be putting the finishing touches on his responses to the motions to dismiss filed in the RICO Madness by Aaron Worthing, DB Capitol Strategies, The Franklin Center, and me. They’re due by close of business this Friday.

BTW, you can help my four codefendants and me fight TDPK’s frivolous and vexatious Maryland lawsuit. Go to Bomber Sues Bloggers to find out how.

9 thoughts on “What’s Next?

  1. Assuming Kimberlin’s suits are defeated in trial, I would hope that the defendants will do everything in their power to get Kimberlin adjudged a “vexatious litigant.” I would also hope that someone communicate with BK’s parole board to see if BK has violated any of the terms of his parole; if so, I would hope his latest victims would petition for his return to prison, where he is less likely to pursue this kind of legalized extortion in the future.

  2. I have been researching the legal options for people who have been frivolously or maliciously sued. In some states you can sue a defeated plaintiff for filing a frivolous suit against you, or who sued it for the wrong reasons, i.e. to punish you or exact revenge upon you rather than to collect a valid debt or recover valid damages. Some of these states allow recovery of actual expenses for legal fees and costs, as well as punitive damages. Does anyone know what the laws of Maryland allow for such items? This would be worth researching, in preparation for such a suit against Kimberlin providing that his current lawsuits fail.

    • The problem is that Kimberlin is probably judgement proof. I seem to recollect that his friends and family have helped him hide his assets from judgment creditors in the past. In my opinion, bringing frivolous and vexatious lawsuits should be a crime, not a tort.

    • Whether, or not, he is fact “judgment proof” might very well be subject to adjudication. For instance, he has sworn under oath to have an entrepreneurial interest in the JTMP. A judge could order him to increase his draw so as to pay the judgment.

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