The Cabin Boy™ must have been reading the law book that Acme sent him again, and now he is pontificating over at Patriot-Ombudsman (No, I won’t link to it.) on the standing of parties in a lawsuit to oppose and/or reply to the pleadings of an adverse party.
Yes, it’s true that Aaron Walker isn’t TFC’s (The Franklin Center’s) lawyer, but it’s utter nonsense to say that what The Dread Pro-Se Kimberlin puts in one of his pleadings is none of any defendant’s business. Anything that affects the lawsuit can have an effect on all defendants. Thus, any defendant has the right to oppose or reply to an adverse pleading from the plaintiff. As the Supreme Court noted in Powell v. Alabama, 287 U.S. 45, 68 (1932)—
In Holden v. Hardy, 169 U.S. 366, 389, the necessity of due notice and an opportunity of being heard is described as among the “immutable principles of justice which inhere in the very idea of free government which no member of the Union may disregard.”
To date, Defendants Aaron Walker, DB Capitol Strategies, The Franklin Center, Michelle Malkin, and Stacy McCain; Non-Party Twitchy; and I have filed motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness. Defendants Erick Erickson, RedState, Glen Beck, Mercury Radio Arts, The Blaze, James O’Keefe, and Simon & Schuster have given the court notice that they intend to file motions. TDPK should expect, with some limited exceptions, that whenever he files a pleading that there may be an opposition or reply coming from every defendant.
In his rant to the court about my Motion for Amended Report and Motion to Strike, TDPK said that “[r]esponding to these is a huge waste of time and judicial resource.” Just so, but not in the sense Kimberlin means. It was TDPK who filed the frivolous and vexatious lawsuit. It was TDPK who botched service of process and filed a misleading report with the Court. It was TDPK who did not send timely service to me. All of the paperwork involved in the instant vexatious lawsuit stems from the plaintiff’s actions. And, yes, the whole exercise has been and continues to be a huge waste of time. Kimberlin’s rant has suggested to the court another reason to dismiss his lawsuit with prejudice in favor of all defendants.
#Fail
Reblogged this on Dead Citizen's Rights Society.
Any party can respond to any motion by another party. Black letter law.
I just made the mistake of reading CBBS’s post. What does he think lawyers do all day? They make arguments. To the court. In writing. That is called practicing law. He also has a rant up about Walker’s motion for leave to file additional pages, and someone named EWJN schools him on the common practice. Whereupon Schmalfeldt asks the guy for proof. Question: wouldn’t a “reporter” – a real one – actually interview a lawyer before writing a piece about something common to the practice of law in which he claims what a lawyer had done is incorrect?
You had me at mistake.
Wouldn’t a real “reporter” actually be curious about a forged summons in a federal case? But not our Baghdad Blob. Nope. Anything that may reflect badly on his Master is not mentioned. Because he was ordered not to or because of his overwhelming desire for that pat on the head and the “good boy” from his Master is anyone’s guess.
As anyone can plainly see by now, he is not a reporter, he is Kimberlin’s Minister of Propaganda.
If that’s the same EPWJ, he’s a frequent commenter over at Patterico’s blog.
As I recall (and I could be wrong), he’s very liberal, but seems conversant with legal issues.
I respond to motions directed at co defendants all the time in litigation. ACME Law fail. SQUIRREL Fail. Incompetence.
And the Cabin Boy has changed his Twitter handle again today. Does he do that when he can’t face that he has lost an argument?
But the American Spectator just changing some URLs represents a “gotcha” moment to @1934radio, uh, I mean @ FTR_radio, er, @CabinBoyRadio, um, @despicablebill…
Those represent the last few _weeks_ worth of link obscuring.
Gotcha, Bill!
I think you mean @2014Radio.
O. M. G!
Already?
Whatta maroon!
I think it’s a sign that he hates himself and wants to be someone else.
He also kept the ftr_radio account and is following himself and retweeting his tweets from it.
I don’t think the new @FTR_Radio is Bill.
https://twitter.com/ftr_radio/status/431438272099651584
Just a hunch…
Heh, heh. Good catch.
Bill has sent me an email reply laced with profanity and I guess to intimidate me here in Tennessee, he is showing that he has my IP address.
This is the level of discourse….
That reaction for an incredibly benign statement of fact about routine court procedures, nothing that went to the merits of the case. But, he’s a “reporter.” He does no research and harasses commenters.
Say, isn’t that one of the reasons he got fires from the Examiner? Seems he has made it a habit to lash out at anyone that does not agree with him. I guess when facts are not onyour side rage and insul are all that is left to him.
It would be amusing to see that email and ask him to explain it.
He’s tweeting about your comment, completely ignoring that he sent you a profane email.
Oh, EPWJ, CBBS is back to making threats.
“I WANT IT ALL DOUG!!! BY THE END OF THE DAY! DON’T PHOTOSHOP MY DOG! LEAVE ME ALONE! WAAAAH!”
The only source I’ve ever seen him use for a “story” is himself, often under another guise. His blogs and tweets have an incestuous, self-referential, circular reasoning jerk.
Just wait until he start threatening women with losing and children and starts sending line up pictures. LOL! That one is a hoot!
Kyle, I think you’re right.
As much as he dislikes being shown up there is no point in engaging accounts connected to him. (He might not always be the tweeter). Observing is one thing – that has some limited utility, since he’s so error-prone and a bad liar.
BS is nasty enough now, how nasty will he get when he is joined to one of the law suits?
I am wondering where Bill thinks that was worthy of all this response. Tweets? I don’t use twitter? Emails showing he did a whois? I don’t give a hoot!
Nothing Bill could do can ruin my joy – found out my youngest was nominated to West Point. And one of her senators just wrote congratulating her.
Bill can yell at me all day and night – whoop de doo!!!
Congratulations to your daughter!
BS has the right to remain silent. He lacks the wisdom.
And the ability.
Congratulations! Something truly worth celebrating!
Congratulations!
I had three cousins go to West Point, had to turn down my appointment for medical reasons…
Congrats
He’s not right in the head.
Also yay! Congratulations to both parent and daughter!
Congratulations! To both you and to your daughter!
BS (how happily apt those initials) is a rare bird. Someone tells him something that can be verified through publicly available documents. His response is to indulge in a little scatology and challenge the credentials of the speaker rather than check the documents. Credentials are irrelevant: either the documents support the assertion or they do not. Is he stupid as a goldfish or does he think his readers are that stupid?
Both.
Yep, he bragged about getting documents from Pacer, but instead of pulling the Twitchy summons to see for himself that Kimby forged it, he just rants and callsl Mr Hoge a liar. I guess when you are as intellectually lazy as he is it’s just easier. Not to mention you don’t have to check your porch for bombs…..
He is insecure about his intelligence and small achievements, that is why he calls anyone who disagrees with him even on benign issues, “stupid.” Or “cu*t,” “tw*t,” or “retard.”
Thanks, everyone, but Bill is right – my children (this is my second daughter to be appointed) are MUCH smarter and better looking than I
Bill, lickspittle? Seriously, also why post my IP address? why send it back to me?
He will tweet for a few days about me – do searches on the internet try and cause some mischief – oh well, I live out in the country, I am not worried..
Here’s the thing: your comments were courteous. One dealt solely with court procedure, for heaven’s sake. Yet, he cannot take any disagreement, to the point of publishing your email and IP address to harass you. Why else publish it? When McCain and Hoge don’t publish a comment, they leave it at that. They don’t out the commenter and open him up for harassment. But BS has not learned, despite the firings and peace orders.
Might try complaining to his ISP. posting your IP address is an obvious attempt at harrassment and an open invitation to any of his 2 or 3 readers to DDoS your connection. At least that’s how I see it.
BREAKING: CBBS lies, says people attack him for his alleged stage 4 PD. Truth: people ridicule him for using his PD to hide behind when others respond to his attacks and smears.
Seriously, who hears something go “pop” in their knee and immediately announces that they are confining themselves to a wheelchair for life? Something went pop in my knee yesterday. I am going to the doctor for an evaluation.
BREAKING: CBBS proves my point. Entirely ignores the second sentence of my comment, wherein I concede that he has PD, in order to beat his chest and claim victimhood, yet again.
YOU BETTER STOP RIGHT NOW!!!!!! OR I AM FILING A LAWSUIT!!!! DON’T YOU KNOW THAT THIS STALKING I DO OF HOGE IS KILLING ME!! (cap locks for effect of BS’s current meltdown)
https://twitter.com/guntotingteabag/status/430373945716375553/photo/1
Cabin Boy has gone off the deep end! If, as he claims, his diagnosis is so bleak that stress is a negative factor, then he would be well advised to STAY OFF THE INTERNET, TWITTER AND ALL OTHER SOCIAL MEDIA. Cabin Boy is no different than a poo-flinging monkey who then threatens the world when people respond to his mental sickness and try to restrain him, He climbs into the ring, threatens and libels all those who disagree with him and then threatens a lawsuit or two when he gets confronted with the real truth. I say, “Bring it on and be prepared for Rule 11 sanctions!” You are no more a qualified attorney than your master, Igor!
When is our master going to issue us lickspittles instructions on GEEing & HAWing? We don’t want him getting sued for goodness sakes.
Please check out http://wp.me/p1IUdy-68p for the latest guidance to Lickspittles.
Sir, I can cut up that cherry tree with the butter knife you gave me, if you like. Heeng! Heeng!
We’re covered. Thanks.