Prevarication Du Jour


After weeks of studiously ignoring the Kimberlin v. The Universe, et al. RICO Madness, Xenophon the Troll is back at Brietbart Unmasked (No, I won’t link to it.) trying to put a positive spin of Judge Grimm’s letter order that was filed last Friday.BU20140225That’s not exactly what the judge ordered.

ECF 83 extractA show cause order is serious. It’s not a simple “help me understand this” question. It’s an order to appear and explain to the the court why it should not take some action. In other words, The Dread Pro-Se Kimberlin now has to explain to the judge why sanctions or some other relief are not appropriate, and the burden of proof is on TDPK.

Another part of the spin from Team Kimberlin is that the judge is weary of all the filings, especially those from Aaron Walker and from me. That may be, but TDPK is the only party facing any discipline from the court. If I were Judge Grimm, I’d be tired of all the extraneous paperwork too. Perhaps he agrees with what I wrote in an reply to one of TDPK’s oppositions:

Finally, Plaintiff says of Defendant Hoge’s Motion for Amended Report and Motion to Strike that “[r]esponding to these is a huge waste of time and judicial resource.” Just so, but not in the sense Plaintiff means. It was Plaintiff who filed the instant frivolous and vexatious lawsuit. It was Plaintiff who botched service of process and filed a misleading report with the Court. It was Plaintiff who did not send timely service to Mr. Hoge. All of the paperwork involved in the instant vexatious lawsuit stems from Plaintiff’s actions. And, yes, the whole exercise has been and continues to be a huge waste of time.

The judge has given TDPK until 7 March to get his act together with a proper amended complaint that complies with the Rules. That means that we defendants should only have to file one more set of motions to dismiss, and then things can begin to move forward. Of course, TDPK is threatening to add more defendants which could cause additional complications.

Stay tuned.

28 thoughts on “Prevarication Du Jour

  1. I was under the impression that Hizzonor granted leave “as requested” to modify. The request was to modify the header. Is Judge Grimm going to tolerate a complete re-write?

    • I think the suggestion, and conditional request, is made in Kimberlin’s reply to Twitchy’s motion to dismiss. Aaron Walker posted it at his site.

      Kimberlin seems to have failed to both swear to the accuracy of his exhibits, and, list his phone number, and e-mail and/or snail mail on the filing. That seems to make it improper.

    • You know, I seriously doubt that he could, even if it were his deepest desire. I’m not saying it is, you understand; only that if it were, it would remain an unfulfilled wish, like so many others in his – IN MY HUMBLE OPINION – weird & pathetic life.

  2. Per the Moldwarp, the only reason Mr. Hoge is publishing a post about BK is so that we have someplace to talk about him, because the other posts aren’t generating enough traffic.

    I suggest, that much as we enjoy snarking at the Moldwarp, let us give him his heart’s desire and not mention him once for the rest of the day, while commenting up a storm to show that we do have other interests in this life.

  3. Although I sympathize with Mr. Hoge, I must admit that the judge’s order does sound as though he wants future motions to be primarily directed to the substance of the suit rather than procedural irregularities, or at least irregularities involving service. The show cause order proves that he is now well aware of BK’s apparent contempt for proper procedure and intends to deal with it. Moreover, although it may seem like a tactical defeat, the judge’s permitting one last amendment to the complaint is a strategic victory. BK is getting his very last bite at this apple, and that bite will have to allege, subject to penalties for perjury, specific facts relevant to the RICO claims. And he was granted very little time to create the amendment.

    In my opinion, any annoyance that the judge may feel toward some defendants pales into insignificance if the judge is also demanding that Kimberlin must stop playing games. That sounds like a lot more than mere annoyance.

    • I’d argue that, now that the judge is WELL aware of the irregularities, there is much less need to point out any further….

      • I agree of course. The show cause is a killer. Still he did indicate an attitude about FUTURE motions as I said. Moreover, I detect a whiff of annoyance at too many or too prolix motions. I can’t prove that latter point, nor do I think it particularly important. What was important was the show cause order and the restriction on future amendments.

        Sorry if I was unclear.

      • I don’t think he’s annoyed at the volume; comes with the territory. I think he’s just doing a little crowd control. Completely appropriate without being discriminatory.

      • @rob

        If you read the judge’s letter carefully, you will see that he denied certain motions on the grounds of (1) lack of standing, (2) failure to show harm, (3) failure to read the local rules, (4) failure to count properly, and (5) perhaps others. In other words, what he singled out as excess are not due to the number of parties. What he did about the number of parties was to rule that Kimberlin will not be allowed to amend again. Moreover, the judge appears to have telegraphed that, on the basis of what he has read so far, the number of defendants is going to be pared down..

  4. The judge should not allow any amendment that remedies issues raised in responses. I don’t see how that could be allowed. If x charges that you called him a bad name, and your response is well, the law says that I have to have called him a bad name AND I needed to be malicious about it, x should not be able to turn around and go, ooh, I meant and he was malicious about it.

  5. Also, in the same response where BK is saying that felons are people too and you should not consider them bad, he keeps going on and on that Ali is a felon.

  6. Felons like Kimberlin – ones that torment their victims with lawsuits, that plot death or injury to their prosecutors, that live a pattern of dishonest, grandiose denial of the harm they caused, who refuse to make any restitution, should never have entrance into decent society. And certainly not by means of scammy “protest” work that covers other questionable activities.

  7. Felons aren’t a lump of identical people, that’s for sure. Like most individuals their merit or lack of it is a case by case situation. Kimberlin stands out for the degree of terror and misery he has spread, and his attempt to profit off his conviction and criminal past while simultaneously not only refusing to make restitution, but suing his victims, and attempts to intimidate anyone who dares to call him out in his lies or attempt to cover his crimes.

  8. look, clearly it was a mistake. First, opps, he spilled white out all over the summons issued for me and it only covered up my address. then he was getting ready to send a document to Twitchy and instead of using blank paper, that same summons fell into the printer. It was all a mistake.

    Don’t you believe Brett?

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