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.