Team Kimberlin Post of the Day

I have filed the following motion in the Kimberlin v. The Universe, et al. RICO Madness. I do not wish to comment any further on this motion until the court has ruled on it.

24 thoughts on “Team Kimberlin Post of the Day

  1. Speaking of frauds upon the court, I read somewhere that Brett Kimberlin was filing In forma pauperis until that status was revoked.

  2. Is Brett going to eat his words?

    I am going to keep telling this joke until someone laughs. If you don’t get it, read the motion and then read this joke again.

    Joking aside, you would think if Brett’s case was so strong he would act right and stop jacking around with service. But alas he is not.


  3. Legal layman though I may be, I am fascinated by the “documentary” being built by all these various filings and such.

    This latest one looks like it might sting a bit.

    I am reminded of that Twain quote, “if you tell the truth, you don’t have to remember anything.” I imagine BK must have a hell of a filing system to keep track of all the lies he tells.

  4. Countdown to when TK posts something about “hubris” or “speaking for everyone” in 3….2….1…

  5. I don’t think this is going to go anywhere. According to one of his previous posts, Hoge waived service. Hoge therefore has no interest in TDPK providing a proper report of service. That’s entirely between TDPK and the court.

    Other parties who have been improperly served may move for dismissal of the case for improper service, or may move to have false portions of the report struck. Alternatively, Hoge may seek remedies specific to him (sanctions against TDPK) for any harm he suffered (this is evidence of TDPK’s general lack of honesty with the court).

    I could be wrong, but I really don’t think this is a good motion. The court might grant it just to compel TDPK to actually comply with its previous order, but it fails to advance Hoge’s interests.

    • Actually it does. Whether he waived service or not does not impact the fact that he is party to the suit and he had found what he thinks may be fraud conducted by the plaintiff. That gives him standing to file this or any other pleading he deems necessary to the suit.

      As far as advancing his interests, if a fraud has been attempted on the court and the court throws out the suit as a result, wouldn’t that be in his interest?

      • It would advance his interests if he had asked for a dismissal. All he’s asking for is an order to amend the status report.

        I don’t think standing is a problem. As a party to the suit, he has standing.

      • It advances all parties interests to let the court know if a fraud is being perpetrated on it right? If you were the judge and one of the defendants came to you with pretty persuasive proof that the plaintiff was lying to you, would you care? Do you think it might alter the way you deal with the plaintiff in the future?
        I think you are getting wrapped up in the “what does it do for just Hoge” question. The real question here is, “What will the judge do once they know they are being toyed with by the plaintiff”?

      • Wouldn’t the court just end the dispute by telling all the parties to give up their addresses to the court for service? That could be beneficial to Mr. Hoge when he needs to subpoena Kimberlin’s associates so I see where they might be going with this. The court cannot grant Kimberlin that luxury without granting it for the rest. Considering some of those associates are wanted by the authorities, it’ll be like cutting off their noses to spite their faces. Subpoenas are a big deal. If you don’t show up for one of those, you have problems. If you show up, you will get arrested. Such a conundrum doesn’t look good in front of any judge.

        By the court dismissing, Kimberlin loses. By the court not dismissing, some of his associates will lose and have to answer to other crimes. Not to mention the award for damages and court costs if the defendants ask for that.

    • Well, in the Walker vs Kimberlin federal lawsuit Kimberlin filed an objection to a default motion against two of the defendants who did not answer the suit. Kimberlin claimed service had been improper. Seems he had no more standing to plead about the properness of service than John Hoge. If nothing else, John Hoge can cite that case.

      • As I said to Frankie, I don’t think this is an issue of standing. It just doesn’t seem like a good motion, or one that the court is likely to grant.

        Maybe Hoge has some other information that we’re not party to, and is trying to set up the case for dismissal down the road. We’ll see.

    • imho, there is no possible downside. even if the judge doesn’t ask Brett to amend his response, it is putting in front of the judge once again proof that Brett is acting in bad faith. He thinks at this stage he can just lie and it won’t hurt him. But it can, and if we are lucky, the judge will make sure it will.

  6. Hoge’s interest in proper service was explained in the motion. Improper/sloppy service makes efficient resolution of the case difficult. The court asked for a report on service, and there were errors in the report. Some of that is just sloppy work on Pro Se Kimberlin. Some of it is complicated by the fact that some parties are not interested in having a serial bomber know their home address. But this late in the process, everybody should be legally served, and Hoge’s right to defend himself is being hurt by the Acme Law incompetence/laziness/evil.

  7. Actually, I think this motion is a very clever move. The court previously showed an interest in judicial economy and required strict adherence to the rules of procedure. It has been previously asserted that a RICO case requires prompt action by the courts. Putting the court on notice that Kimberlin does not appear to be adhering to the rules of procedure or seeking prompt resolution of the dispute, but does appear to be falsifying documents helps paints a picture that will be very useful to the defendants.regardless of how the judge treats this specific motion.

    One thing that the commenters may be overlooking is that Kimberlin’s answer to the motion to dismiss has not been posted (unless I missed it somewhere). I suspect it is patent nonsense that will not amuse or impress the judge. The more reasons he has to dismiss this farce quickly, the better it is for Mr. Hoge.

  8. Special level of nitwiittery award goes to: parties hire high dollar attorneys because they want to pay out settlements.

  9. Given the number of federal suits our petite perjurious pot peddling child predator pal has filed, it might be difficult for him to argue lack of familiarity with federal procedures when confronted with his errors.

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