Team Kimberlin Post of the Day

Judge Grimm hasn’t yet granted The Dread Pro-Se Kimberlin’s Motion to File Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness. He may not. One reason he may not is that the complaint does not comply with Local Rule 103.6. That rule requires that a marked up version of the proposed amended filing be provided along with a clean copy. This allows ready comparison between the existing pleading and the proposed one.

The markup is supposed to identify all the new material with boldface type or underlining and show the deleted text enclosed in brackets or as strikethrough text. TDPK markup is full of errors.

For example, in the caption on the first page TDPK added Twitchy as a defendant, but did not put its name in boldface or underline it. He did use boldface for the other new defendants.

And then there’s the very first sentence …firstsentenceThe marked up Second Amended Complaint is full of similar errors all the way to the end. One whole new section isn’t identified as a change. And in the prayer for relief at the end, TDPK changed the amount of damages sought without flagging it.

He changed “and amount exceeding $75,000” to “an amount exceeding $75,000, that is $2,000.000.” (sic) BTW, with that decimal point in place, the amount sought is two-thousand and not two-million dollars.


38 thoughts on “Team Kimberlin Post of the Day

  1. Let me posit a hypothetical. Suppose someone took a copy of the FAC and the SAC. Then they turned them into a text file and converted that into a word document. supposed, then, someone ran the “compare documents” feature in Word. What would that reveal?

    Hypothetically speaking, of course. 🙂 There is no chance any of us defendants had already done so and will rely on it extensively in crafting a response.

  2. Dude is sloppy, no doubt to overwork and an inability to juggle. I’d think an actual law firm wouldn’t get by with that level of (un)professionalism, and though TDPK is rather obviously not a lawyer, he’s got so much on-the-job training he ought to produce a better document.

    I’m thinking that if one is proceeding pro se, and one cannot handle the basic requirements of the various and sundry filings required, perhaps one might have too many pro se efforts on one’s metaphorical plate, and either the withdrawal of one or more suits or the hiring of an actual lawyer should perhaps be considered.

    Of course… what member of the bar would want to touch this plaintiff’s various suits with the proverbial ten foot pole?

    • “what member of the bar would want to touch this plaintilff’s…”

      Well, that’s why they call it a BAR…..

    • Brett doesn’t want to hire a lawyer because 1) he thinks he can get out of this for free (and he may be very, very wrong on that), and 2) he doesn’t want to deal with their ethical limitations.

      This is especially true with the addition of the Team Themis stuff. it is so nutty that any reasonably prudent attorney would be on notice that their client is not in touch with reality. Plus we have proven him an absolute liar on other things. So the lawyer would require Brett to prove every factual claim just to cya, and discover very quickly that there is no “there” there.

  3. I have to admnit, I would have a hard time producing such a set of documents. That’s why I predicted that Kimberlin would have a very hard time with the project. He seems like a creative, disorganized character. (Who else forgets to take the bomb making materials outta the trunk.) His paragraphs were misnumbered, he forgot how many people he was suing, he prefers to forge and fib rather than call more organized people (like the clerk) to help him out. He even forgot to take into account the sale of Twitchy, which made his statements to the court nonsense. By screwing up that timeline, he apparently proved himself to be a liar. Again.

    • If you know how to use Word, redlining is a snap. BUT you must be very careful to save different versions and label them correctly, such as Complaint_Final or Amended_Complaint_Final so that the compare feature will work properly. Quite obviously, BK did not take such care. BK has been so busy playing lawyer pro se that he has never watched real lawyers at work.

      Somehow, I personally doubt Judge Grimm is going to dismiss on this ground, after all this is not even a permitted amendment. What would be amusing (not to the unfortunate defendants of course) would be if the judge granted the motion to submit, but told BK that his proposed amendment was rejected due to its failure to comply with the rules. More evidence that BK is a vexatious litigant.

      • Which is why the defendants should refrain from tearing it apart on line before the judge has ruled.

  4. I guess the big question is now much leeway the judge gives poor widdle pro se Kimby. Now if someone has made the judge aware that he is a paralegal with an extensive history of filing lawsuits, this may turn out like it should with the SAC not being accepted. If the judge just sees him as a regular Joe struggling with the requirements he might let it all slide. I’m really hoping the judge sees through his “I just don’t understand all this legal stuff” act.

  5. What is even more amusing – word processors *automate* the production of marked-up documents, and have for decades!

    Conclusion: the screwups, by and large, are deliberate, an attempt to put one over on the court.

    Think the Judge will be amused?

  6. I think that since the leave to file this amendment was not requested, it is rejected, and then he may request the leave to file the amendment and he will have yet another new set of complaints in that one.

  7. If I were a defendant, I’d be tempted to offer 10% of the claimed damages to settle — just to see their faces when I hand them 10 $20 bills instead of the $200,000 they’re expecting.

  8. Apparently not.

    Could be Renaissance stalking.

    Maybe Cubist stalking?

    Neo-Classicist stalking?

    Post-Impressionist stalking? (I like this one; Toulouse-Lautrec also had issues with being a an of reduced stature)

    Dadaist stalking? (another likely choice – it seems reasonably clear that one or more members of Team Kimberlin faces severe Dada issues)

    Baroque stalking. (It seems everyone on Team Kimberlin is Baroque, which would explains why he’s a Pro Se Dog out looking for Monet)

    So who really knows? I’m happy being a classic. Your mileage may vary.

  9. Schmalfeldt seemed disappointed that I haven’t shared the results of the consultation with my neurologist regarding his condition.

    Since I would hate to let him down…

    I started by telling the doctor that I was going to describe a patient, show a short vid of him, and wanted to know if he could be accurately described as having “advanced” or “end stage” PD.

    After my description and the vid, he said “you know the answer to that already, so why are you asking? ”

    I explained the bare bones of the situation, assured him this was nothing he would be held to, and asked him to indulge me. A long discussion followed. Here is a paraphrasing of what he said:

    (begin paraphrase)
    “End stage”? No way. That is a simple call. “Advanced”? Well that term has no specific medical definition. Compared to a 99.1 fever, a 99.3 temp is “advanced”. That’s why we use objective rating scales.

    On the Hoehn and Yahr scale, this patient _might_ have been rated a stage IV, because that scale depends too much on specific motor functions (walking) to be an indication of overall disease progression. That’s why it is obsolete and has been replaced with the UPDRS. Obviously I’m not in a position to to a full evaluation long distance, but I can make a few observations.

    PD is a uniquely unpredictable disorder. Every case is different, so it’s difficult to say what makes one case more advanced than another. The one near-universal aspect of it is that, with time, it stops responding to treatment. Early on, we have a full arsenal of drug or surgical options to alleviate symptoms. As the disease progresses, they become less effective and stop working altogether, or start introducing unwanted side-effects that are worse than what we’re treating. Personally, I wouldn’t use the term “advanced” on a patient until we start running out of treatment options. “End-stage” is for when the quiver is totally empty and we can no longer offer any appreciable relief.

    You say your friend was, until recently, not taking any PD medications, and that the DBS alone was sufficient? And he restarted meds at low doses? That right there should tell you about my evaluation of his condition. — his doctors still have a full quiver to work with You should explain to him how lucky he is, and how much worse it could be.
    (end paraphrase)

    When I explained that my “friend” consider it a mortal insult to be told that he’s not in the final agonizing death throes of the disease, the conversation drifted from neurology to psychology. I told him I didn’t suspect malingering (exaggerating symptoms in order to get financial or tangible benefits), and we discussed what demons might cause him to be so invested in being the most disabled guy on the block. He advised that I tread gently about bursting his self-made bubble of infirmiity, and that I have sympathy for whatever drives his pathological need for sympathy and attention.

    The mild tone here is all the sympathy I could muster.

    • By the way, the doctor agreed with my appraisal of Bill’s tremor, rigidity and Bradykinesia (or the lack thereof) and the quality of his voice. He corrected me about facial masking though, saying he could detect some minor loss of expression.

      He also said that he, the doctor himself, couldn’t manage to bang out two tweets a minute, and he considers himself a fast typist. He was, uh, impressed.

      • Thank you, Rick. I appreciate all of the effort you put into that explanation.

        As far as trying to have a kind tone, after the bloated vomitus again attacked Stranahan over the death of his daughter today, I’m done with even trying to consider him human.

        Disabled? Definitely, but mostly because of his malevolence, and because no one would want to work near him nor should any decent person have to be near him. Demented fool wants sympathy and attention; whines and whines for it. No one could do to Stranahan what he has done and have any scrap of humanity left. He is a monster. An ugly, unwanted, monster.

  10. Physically or mentally disabled does not preclude being vile, vindictive, or despicable. It merely provides an excuse that some people are too feeble minded to see through.

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