What’s on Second …

… and The Dread Pro-Se Kimberlin isn’t. He’s still on first because Judge Grimm has not yet given him permission to file his Second Amended Complaint.

Of course, that means that I jumped the gun with my motion to dismiss the Second Amended Complaint.

Hmmmm.

I wonder how Team Kimberlin will spin this?

UPDATE—Aaron Walker comments here.

28 thoughts on “What’s on Second …


  1. In answer to the question, it will be spun as a victory for the Team Kimberlin. Ace got DENIED (in all caps!!!) and you’ve been declared “UNRIPE.” Which is close to being “squashed.” (Unripe, then ripe, overripe then squashed.)


    • I think the surreply was just an option the attorney offered, really, and the question of whether the second or first amended complaint being operative seemed to have been taken up by the court and clarified.


  2. “Of course, that means that I jumped the gun with my motion to dismiss the Second Amended Complaint”

    Yeah, but at the same time you can also say, “All is proceeding as I have foreseen.” If you think about it.


  3. So how soon until TDPK, et al. start crowing that the judge has refused two documents submitted by Hoge and Ace? You have to expect them to spin it that way at the very least…


  4. In Judge Grimm’s Letter Order dated February 21, 2014, the judge was very clear that Kimberlin could only correct the caption:

    3) Plaintiff’s Motion to Correct Complaint Caption, ECF No. 48, is GRANTED;

    In that letter order, the judge did not give permission to amend anything else in the complaint. I don’t see how he could accept Kimberlin’s SAC as written.


    • The Judge is now requiring that all motions be pre cleared with him before they are accepted. The Case Management Order gave TDPK permission to file a motion to amend. So, he had permission to add Twitch to the caption and he had permission move for a full-blown second amended complaint.


      • And, Brett Kimberlin rubbed in the judge’s face by not red-lining Twitchy in the amended caption. I suppose Brett Kimberlin is persisting in his claim that is a clerk’s fault [“clerical error.”]


  5. Thank you, Mr Hoge. So he did have permission for a Motion to Amend. Would he normally need to give valid reasons (other than the caption) for the need to amend in the MtoA? It seems all he did is to say “Thanks for letting me amend and here it is…”


  6. The Team Kimberlin spin is hilariously incompetent and incoherent.

    It still hasn’t dawned upon them that TDPK’s SAC is fatally defective.


    • They see what they want to see. Brett’s belief that he can change reality with is mind is quite delusional and his followers and sycophants swallowing of that belief, hook, line and sinker is just plain stupid. This is how cults are born folks … but it does not protect those followers from consequences of their own bad acts.

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