Good News for Ace

The Dread Pro-Se Kimberlin moved to have one of Ace of Spades’s lawyers thrown off of the case in the Kimberlin v. The Universe, et al. RICO Madness. The court has refused to accept his motion.

And the judge wasn’t gonna look at the twenty-seven eight-by-ten color glossy pictures with the circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us.

49 thoughts on “Good News for Ace

  1. Now, is this why BS took everything private again? Or because of blowback re: Patrick? Or because he confirmed that he is not Xenophon? Something else entirely?

  2. !!
    looks like the judge isn’t going to let BK ignore his ruling on filing without asking for leave to from the court first..

    definitely bodes well for the future

    • Wonder how it bodes for the motion he filed were he fraudulently back dated it to appear to have been sent prior to the judge’s order, but it’s not postmarked until days after the judge’s order?

  3. Let me fill in a little more that John isn’t saying in the post.

    What is still hanging out there is Brett’s motion for an extension.

    But returning this motion cuts the legs out from under the main reasoning of the motion: “hey your honor, let’s toll the time i have to reply until you decide whether to disqualify Levy, okay?”

    So i can see one of 3 scenarios:

    1) there is or will be another form letter or letters where Brett’s motions for extension and the other documents are returned.

    2) The judge is writing a short letter opinion chewing Brett out for filing without leave, perhaps as part of the larger case management order that should be arriving any day now.

    3) the judge is still going to give Brett a mulligan and give him an extra day or two to get his response to Levy in, either because a) he is willing to give Brett the benefit of the doubt on the leave issue, or b) he just wants to show the court of appeals he gave Brett every opportunity before dropping the hammer on him.

    If i was Brett’s lawyer, besides telling him to drop this whole stupid case, I would tell him to get to work on his Reply to Levy’s opposition to his motion to pursue discovery on Ace. But I;’m not, so if he is reading this he should not file anything. He should just let Levy win on this. 🙂

    You can read up on the the other documents here:

    and here:

    • I think in what the judge will call the interests of fairness, he will limit Kimberlin, Mr. Hoge, and Aaron. I’m not saying its right, just what I think he will do. He’s probably tire of size and quantity of the paper work.

      • If I’m right, if the judge is being nice to brett to reduce the chance of a successful appeal, then the judge is not likely to be seen doing anything that seems to be singling Brett out. even if 2 others are being singled out, too.

  4. So now he has to file for leave to file a motion to have Levy disqualified, correct? Or does this somehow mean that levy will not be DQ’d at any point?

    • He still has the option of going to the court and filing a leave to file a motion to disqualify. It was only knocked out on a technicality.

      He better do so, soon, however, because he risks having it be seen as untimely.

  5. Say! Has anybody been arrested for making those vile threats against Bill’s dogs? It’s been something like two weeks hasn’t it?


    Asking for a friend.

    It would be a lot easier if he would just un-block me…

  7. Date on the document is incorrect (March 26, 2014), but it will be considered as harmless error. I’m sure this is why Schmalfeldt has submerged for now.

    • Well, there’s all sorts of strange dates associated with this motion. My guess is the “March” date on the Clerk’s letter is a typo and should read “February.”

      The Clerk’s acceptance timestamp show the 26th. The accompanying “declaration” is dated the 24th. The certificate of service is dated the 21st, so TDPK certified that he sent the motion to the other defendants and me three days before he signed the “declaration.” OTOH, the envelope is postmarked … oh, never mind.

  8. Oh, no! The judge has misconstrued himself. Kimberlin should be sure to to inform the court of its mistake.

  9. “And the judge wasn’t gonna look at the twenty-seven eight-by-ten color glossy pictures with the circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence against us.”

    That’s a pretty funny joke. Uh, … it was a joke, right? Come on, tell me it was a joke that TDPK attached two dozen irrelevant photos to a motion to disqualify ….

  10. Hope no one minds that I hijack this…but I’ve been digging into a copy of Brett’s school records (obtained by a guy named Burkett, who not so long ago helped out Dan Rather.) I found a faded, moldy old note to Brett’s folks:

    Dear Mr. and Mrs. Kimberlin,

    I’m sorry to inform you that Brett will not be joining his classmates in 5th grade. It appears that early in the year, Brett stole from my desk my “Great Job” stamp and a quantity of stickers with smiley faces. Instead of doing classwork, he has written random numbers and letters on his dittos, and turned them in to my “Graded Work” pile, already decorated with stickers and a stamp.

    Additionally Brett’s award for selling the most candy bars for the PTA has been rescinded as it turns out the bundle of cash he submitted with the order was a single dollar bill on top, with cut up newsprint underneath.

    Our attendance supervisor has noted that Brett has missed school for every Christian, Jewish and Muslim holiday. The letter we have on file from Rev. Mohammed Saperstein now seems suspect.

    Finally, Brett’s third quarter report card was mailed back to the school signed by Mr. Kimberlin. Several grades seem to have been changed, the stamp looks like an S&H Green Stamp, and the postmark appears to have been drawn with a magic marker. Please advise.

    Miss Othmar

  11. Oh, it’s too good to be true! BS has posted a countdown clock on his blog, which he claims he took down (again) because of Hoge. We have two days until . . . He turns into a pumpkin? I guess in two days, BS believes that quality control here will be up to his high standards. At any rate, take the usual precautions when visiting.

    • Isn’t Friday when some of the stuff BK has to produce is due? So I assume by 3pm, we’re supposed to all be suffering from the shock and awe of BK’s legal brilliance.


      I figure he’ll be back on twitter by sometime tomorrow evening, probably earlier, but as for the blog, no clue really.

      • well technically he’s still on twitter, just changed the name (again) and protected the account, BUT IF he manages to make it the next couple of days with only his socks to talk to, he’ll unlock friday afternoon/night in order to rave to us “lickspittles” about how BK’s answers are DOOOOOM!!11!!! for Hoge and co.
        you can almost set your watch by it.

      • Sounds about right. Though I really doubt that the results of BK’s filings will be what BS thinks they will. Which will lead to more fun and games.

        It’s definitely the train wreck/burning car you just can’t look away from.

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