Would You Like Some Cheese With That Whine?


The Dread Pro-Se Kimberlin has filed his reply to the oppositions to his motion to file a second amended complaint in his vexatious Kimberlin v. The Universe, et al. RICO Madness. I’ll let the nonsense speak for itself.

UPDATE—Lawyerly analysis from Aaron Walker can be found here.

UPDATE 2—A partial transcript of the hearing can be found here.

7 thoughts on “Would You Like Some Cheese With That Whine?

  1. Slap cheek is NOT an infection since it’s not caused by a bacteria; it is a disease, better known as 5th Disease. Per WebMD, Wikipedia, and Irishhealth.com it is only moderately contagious, and that is only *before* the symptoms are visible. Once a child exhibits the rash they are not contagious and do not need to be quarantined. But even with a child sick at home, and yes, while not usually serious, it can leave the patient very uncomfortable and not fit for school, I don’t believe either of his children are so young that they can’t keep themselves amused for a few hours at a stretch while Daddy works on an important document.

    He would seem to be trying to gin up sympathy for a hasty slap-dash job, using excuses which certainly wouldn’t hold up if he had handed in such a poorly prepared document while working as a paralegal for someone else.

  2. It is a mild illness in kids and not contagious once the rash appears. Most kids get it earlier rather than later…but it’s common enough in kids his daughters age. I don’t necessarily trust a word he has to say about it, but that’s immaterial. It’s no excuse. It’s not an emergency that permits you to screw with the lives and fortunes of others in a lawsuit you brought. Nonsuit if you can’t hack it. Hire a sitter or nurse or rely on Gma, or hire a lawyer, or drop the suit, or just suck it up and follow the rules.

    • Exactly. I have kids and even when they were sick enough that they had to stay home and only mommy would do, I could still get stuff done and done well, even if I had to do it some of it in small stretches. I was taking university classes while my kids were in elementary school (and younger) and I had no trouble getting studying and assignments done.

  3. Even if his kids were out of school and federal offices were closed, that does not grant him immunity from following the rules. If he did not have enough time to prepare the document, he should have filed for an extension of time before filing his second amended complaint.

    He also doesn’t get to file a properly redlined second amended complaint in his response to an opposition. The properly redlined amended complaint was due when he filed the motion to amend.

    If Hoge et al. were feeling particularly peckish, they could file for leave to re-file their oppositions to the second amended complaint based on the properly redlined version presented with the opposition. They could also move to strike the first SAC based on this new version.

    Ultimately, I think it’s unlikely that the judge will toss out the SAC. But who knows.

    Plus, hasn’t TDPK already been admonished to properly verify documents he submits to the court? “Respectfully submitted” isn’t the same as “under penalty of perjury, I certify that the above is true and correct.”

  4. His email on the response is justicejtmp@…..

    Yet another example that there is no difference for Brett between personal and non-profit. Tax returns are one thing. Most corporations and foundations demand an independent audit report accompany a grant request. I can’t imagine there’s a respectable firm out there that would give BK, I mean, JTMP a clean opinion if these types of shenanigans are going on.

  5. The exact language of the judge was, apparently, “Plaintiff will be permitted to amend his complaint as stated he intends.” One reading of that statement is that permission to file a new amended complaint had been granted. Many here were surprised by the later letter clarifying that potential oppositions to the motion were the next order of business. But, another reading of that statement is that permission had been granted to amend the complaint in the ways Plaintiff specifically asked the court to amend his complaint. That is, the permission could have been as narrow as adding Twitchy to the caption only, or as a general as adding Twitchy, plus, correcting some of the legal deficiencies pointed out In motions to dismiss. Nowhere did Brett Kimberlin ever state that he intended to introduce yet another conspiracy theory. Reading the Themis crap, the judge may have reacted by thinking, “This isn’t what he said he would do!”

    By the latter reading the judge did not change his mind.

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