The Second Amended Complaint

Here is a copy of the Second Amended Complaint filed by The Dread Pro-Se Kimberlin in the Kimberlin v. The Universe, et al. RICO Madness. The Local Rules required that he file a version with the new allegations and other additions in boldface. This is that version.

I will have a few brief comments later.

Here is the version without markup.


102 thoughts on “The Second Amended Complaint

  1. [Copied from previous comment thread.]

    What I find interesting is that the complaint quotes what are alleged to be emails between various of the defendants.

    Oh, really.

    So… where/how did BK get these alleged emails?

    My own personal theory is that with this new version of the complaint, BK is setting up for an insanity plea when he is criminally charged for his numerous frauds on the Court.

    • Well there may end up being a revised amended complaint. I assume missing pages would be considered an innocent mistake that the judge would pretty much allow to be corrected. Looks like my uplink to Scribd cause Hoge some extra work tonight. I did in retrospect try to redact the street addresses and it seem to work but Scribd did not allow the file, so I deleted the original version. Those downloading from the court of course see all the addresses anyway. I guess the redactions slow down the kook element of the internet a little.

    • He got the emails from sealed discovery from a different case. AFAIK, using sealed discovery without permission from the court opens you up to a contempt of court charge. But I’m not a lawyer so maybe someone can chime in and confirm that.

  2. I can’t believe he actually put that stuff in about Aaron assaulting him. It’s so stupid to claim something that already has been found to have no merit in court. There are so many provable falsehoods in this complaint … it’s mind-boggling.

  3. I can’t believe I made it through that whole pile of crap. Doesn’t seem to me that Kimberlin addressed any of the shortcomings pointed out to him. He just said the same stuff with different words. I’ll bet the judge is going to be real happy….

  4. 188, 256, I think these are what the judge is going to focus on – these are crimes – also the death threat from Seth Allen?

    Also the emails between Aaron and Frey cannot be held as defaming – first they were discussions in private and they were concerning the crimes committed against both of them.

    • The person who publicly posted that “[Brett Kimberlin] hired people to SWAT [Frey],” is Brett Kimberlin. Prior to that, no one had publicly stated such. Has Kimberlin waived his right to sue for defamation if someone else reports his words verbatim?

    • Giving him the benefit, as required by FRCP, a lot of them are not crimes, some are even privileged.

  5. where are the “emails” between various defendants proving what BK states was said, was actually said??
    Oh man, it shouldnt take more than one motion to dismiss for this stinking heap to go byebye quickly….

    • Holding out what?

      I have no expectation of getting paid; I’m just a poor, zombified Lickspittle, a slave to the mendacious mental manipulation of Hoge the Magnificent!

      • It’s not much of a racketeering enterprise if the lickspittles aren’t getting a cut.

        I believe the term where the top benefits at the expense of the bottom is “union.”

  6. Btw, as far as the missing pages are concerned, that appears to be in the PACER doc. But there doesn’t seem to be a corresponding example of missing pages in the complaint. in all bluntness, I would scan and upload it for you, but i need to wake up early. So you will have to wait. Or maybe john can do that early in the morning…

  7. The paragraphs where Brett elaborates on what the defendants and others think and believe are pure “magic.” The insight, the compassion, the brilliance.

    I believe the technical term is an unadulterated asspull.

      • Folks on the left seem to be good at this. The sister I don’t talk to anymore liked to tell me what conservatives and/or republicans thought about various issues. When I’d point out that no one has ever said that, she’d just inform me that of course they didn’t say it publicly, but it was what they thought. She always changed the subject when I’d press her on how she knew that they thought “X” when they never said anything resembling “X”.

        I guess since they have their decoder ring built-in, they assume we have one to?

    • The “Team Themis” material, all by itself, is hallucinatory.

      No one is spending millions to do anything to JTMP – because JTMP and VRUS and all their “campaigns” are irrelevant, useless, and empty.

      Read their 990’s if you don’t believe me.

      Oh, wait, you can’t! Because they haven’t filed 2012, even yet.

  8. I see he didn’t highlight TWITCHY in the amended complaint, even though he highlighted Dan Backer, Lynn Thomas and The American Spectator.

    • Yes, as I said in another thread, the defendans may want to go over the SAC with a fine tooth comb to ensure that things that should be highlighted as changes have actually been highlighted.

  9. btw, this line will probably go over real well with the judge:

    “In January 2012, Defendants Walker, Frey, and Nagy, in concert, concocted a false narrative that Plaintiff (1) caused Defendant Walker’s job termination, (2) was not assaulted, and (3) falsified his hospital records.”

    The judge has evidence before him suggesting that each of those “narratives” are true. The most damning is the evidence of forgery that occurred right in this court. not to mention brett repeating lies he has already been called on, particularly that Bulls__t about the corruption of the blood.

    There is alot of fail, here.

    • When you say it’s looking more and more like BK’s (de minimis) judgement against Allen was obtained by fraud, do you mean he faked service and got an improper default judgement?

      • Because I would not be surprised to discover he screwed around with service to prevent Allen from having adequate time to martial resources and respond.

      • It seems that TDPK does a lot of things in litigation that are improper. So when does he experience consequences for this misbehavior? Because if that doesn’t ever happen, then it appears the legal system doesn’t actually consider the behavior to be wrong. And it puts those who do follow the rules at a disadvantage.

  10. It’s also another unverified filing by Kimberlin – Like the others, he doesn’t say under the penalty of perjury everything he has filed is true, presumably because he knows he can’t and would be perjuring himself if he did make the statement.

  11. Did not highlight about Ace of Spades, “…it is written by an anonymous blogger.” I doubt that was an oversight on Kimberlin’s part. His original formulation strongly implies a certain women was Ace of Spades and lived at a known address.

    • The woman’s name and address is still in the complaint but he change (according to his highlights) the phrase from created the blog to registered the blog.

      • I assume it is the woman’s address, but, still, he is trying to present it as if it is the address of Ace of Spades.

  12. If I read him correctly, Kimberlin sues the “National Bloggers Club” without listing it as a party to the lawsuit, and, then later notes that the “National Bloggers Club of Texas” is registered to Brett Kimberlin. Is Kimberlin suing himself?

    • National Bloggers Club is listed in the caption of defendants. But I also wondered about how Brett claims
      “70. After Texas forfeited The National Bloggers Club on February 21, 2014, Plaintiff Brett Kimberlin registered and incorporated The National Bloggers Club in the State of Texas”

      The papers shown by BU show it was Velvet Revolution that applied for the name in Texas. NOT Kimby. Another untruth in the motion.

      • IF he has actually registered and incorporated NBC in TX , where is a copy of actual registration doc??
        without it, that is just an undocumented claim…

  13. Kimberlin adds “Lynn Thomas” as a defendant. In his description of the parties Kimberlin gives no address for “Lynn Thomas.” Previously, he claimed to have served her in Illinois. It seems Kimberlin has significantly backpedaled from his previous claims to the court. Though he refers to “Lynn Thomas” as “she,” he gives no reason to not belief that “Lynn Thomas” is male, or that “Lynn Thomas” is anything other than a porn-inspired pseudonym used to post anonymously under another pseudonym.

  14. 187 – “…an intestate murder threat against plaintiff…”

    Is that a threat that doesn’t include its own will, or a threat against someone without a will?

    Perhaps BK is familiar with the etymology of “inTESTate” and meant a threat with no balls.

  15. I am amused. I probably will be for days if not weeks. This fantasy is a treasure trove of mahical thinking and inprobabilities. Only a truly twisted and soi-disant dangerous personality could concot such a poorly woven tapesty of dishonesty.

  16. I have to say, on of my favorite parts was about Edward Snowden. I looked for something on the Galacticons but was disappointed.

  17. Is it normal for an amended complaint to add defendants? Seems like that would be dilatory – now he’s got to serve them (and we all know how well that’s been going) and they have to file responses, etc.

    • This is all about stalling the suit and causing financial harm for the defendants. There was never an intent to actually win the case just cause harm and financial loss to the defendants. Perfect example of vexatious litigation. AND pure fantasy and delusion. Almost a textbook example of a schizophrenic’s delusion of persecution.

      • I agree. Causing financial harm to the defendants is seen by BK’s opposing every motion, requiring a response to immaterial matters like the judge approval for exceeding the page limit. BK’s whole suit is pregnant with bad faith.

  18. IANAL, etc., etc., but BK is saying that Ace of Spades is the blog. However, the blog is Ace of Spades HQ, and Ace is the blogger. So he has the name of the blog wrong, and he seems to be trying to sue the actual website itself, but not the person(s) responsible for it’s contents.

  19. I know it has been pointed out that he failed to highlight Twitchy but it seems to me that one of the main reasons he was allowed to file an amended complaint may have been to square away the Twitchy references. If so, amazing gaffe.

  20. Para 36 Kimby links to a blog that is supposed to support his position that the NSA was out to get him. Looking at the link its full of speculation that the govt is hiring magicians to control our thoughts.

    “Magic. Belief. Religion. Deception. Social networks. Get the picture? Many of us have long suspected these things, although we hesitated to verbalize our suspicions for fear of ridicule.”

    So to bolster his case, Kimby cites a blog post, then when taken in it’s entirety, claims that the govt has been hiring magicians to control the entire populations thoughts. That should go over REAL well when pointed out to the court. The post also looks like it could have been written by Neal with all the various graphs and charts. You really can’t make this stuff up.

  21. Sheer arrogant cussedness not to highlight Twitchy. Leaving, by “clerical error” Twitchy off the first amended complaint was the main reason he was granted leave to amend, but he will not concede he neglected to sue them in that complaint.

    Will it be his position that the COURT left Twitchy out, and its the court’s fault Twitchy wasn’t named in the caption of the complaint he filed with the clerk?

  22. Where did any information come from regarding the tax exempt status of the National Bloggers Club assuming it has any validity, sealed discovery from another case, improper IRS leaks, or loose lips? Given that the IRS generally grants tax exempt status retroactively to the date of incorporation, why are the morons making such a big deal of it?

    • “Why are the morons making such a big deal of it?”

      Because they desperately need Ali Ackbar to be shady, or Kimberlin (and they) look precisely as grubby as they are?

      Seriously, I love those 2011 990’s for Kimberlin’s non-profits. Can you say, “sketchy”?

  23. I also thought Team Themis was the brain child of Karl Rove’s computer genius, that guy who controlled the voting machines to let the Republicans steal the 2004 election who faked his own death in a plane crash. Weird these nimrods haven’t figured that out yet.

  24. Actually you can trace the conspiracy back further than the stolen election of 2004 if you look hard enough. Just look at Sibel Edmonds and how ruthlessly her story was suppressed as part of the 9/11 coverup. The dots, they practically connect themselves. 🙂

  25. Weren’t those Team Themis dudes dressed as Pimps or something when they made their pitch to Chamber of Commerce? Maybe that was why the thing never got beyond the proposal stage.

  26. Having had over a day to digest this I think, pure opinion mind you, that Judge Grimm will reject and strike this Second Amended Complaint as not conforming to his order, as it materially deviates from the Local Rules as specified. I don’t think he will take more than an hour to scan the filing and find it deficient in form and content. Having stricken this steaming pile of delusional thinking he will then address the multiple MTD’s … and the instant case disappears with prejudice. I would hope that there are severe consequences financially for Brett, payable to the court, as well as sanctions under Rule 11 and as a result of the multiple SHOW CAUSE hearings on various issues not the least f which is for forgeries submitted to the court or purporting to be from the court (Twitchy’s summons).
    This is just my opinion. I have no experience in federal civil courts only federal criminal courts (and I think Brett will see the inside of a federal criminal court, again and soon, for the forgeries).

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