Team Kimberlin Post of the Day


Here’s a real howler from The Dread Pro-Se Kimberlin’s reply to the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. It’s from paragraph 5.ECF 119-5Uh, huh.

Here’s a partial list of deficiencies that I pointed out in my motion to dismiss his first amended complaint that are not addressed in his proposed second amended complaint.

1. The caption of the first amended compliant filed with the Court is not the same as the caption on the purported “first amended complaint” sent to me.

2. Neither version of the complaint alleges with particularity the elements of mail fraud or wire fraud. TDPK never specifies (1) who (2) knowingly made a (3) material (4) false statement (5) intended to deceive an alleged victim (6) who justifiably relied on the statement (7) resulting in injury to the victim. He never identifies a victim either.

3. Neither version of the complaint alleges any particular act meeting the definition of extortion.

4. Neither version of the complaint properly alleges the elements of a RICO conspiracy. TDPK never specifically alleges how he was injured in his business and property by any actual violation of any of the RICO predicate acts.

5. The only specific statement of mine claimed to be defamatory was made outside the bounds of the statute of limitations. The second amended complaint restates the same allegation.

6. Neither version of the complaint properly alleges the elements of intentional infliction of emotional distress.

7. The first amended complaint does not identify which blogger named William Hoge who resides at 20 Ridge Road, Westminster, Maryland 21157, TDPK is suing. The second version does not clarify this point.

That’s a tiny list. There are a couple of hundred pages of motions to dismiss filed against the first amended complaint that call out many more deficiencies. Adding nonsense about Team Themis did not repair the problems with the first amended complaint.

#Fail

19 thoughts on “Team Kimberlin Post of the Day

  1. “I must reiterate that granting leave to amend the complaint would be futile. In hundreds of pages of motions to dismiss dozens of legal deficiencies have been enumerated to this court ranging from his failure to acknowledge the necessity of sending summons by restricted delivery to his failing to enumerate the elements of fraud, intentional infliction of emotional distress, and RICO. In response to having dozens of the legal insufficiencies pointed out to him, he has responded with a fiat declaration that none of those criticisms are “substantive.” [Footnote: he has repeated made declarations such as “without merit.”] One can only assume that Plaintiff Kimberlin has asked the court for summary judgment concerning the allegations that his complaint is legally insufficient inasmuch as he offers no rebuttal and asserts none is necessary.

    “It should be noted that this is the same plaintiff who pleaded to the court that as a pro se defendant it would be unfair to dismiss his case due to his ignorance of legal standards without granting him leave to correct those technical deficiencies. In response to the court granting him leave to amend his complaint “in the manner he stated,” plaintiff has instead returned with what amounts to a political document in which he declares the legal analysis of trained lawyer admitted to the bar as lacking “substance.” He even lectures the court as to what it said. It is clear that plaintiff cannot or will not distinguish between what the law is and what he wishes it were. There is no rational reason to believe that any further pleadings or amendments will be anything other than elaborations upon what he believes the law should be. It has to stop.”

    • No, it will boil down to “Judgy, these meanies said things about me and I haz a sad. They must pay me for that sad. Make the mean menz pay me mommy Judgy!”
      Idiots are incapable of learning from their mistakes, I bet Kimby still touches hot stoves too.

    • My feelings exactly. Give him all this leeway so that when they do issue a decision it can survive any sort of appeals challenge he can try and throw at it.
      Essentially they handed him a shovel and BK is digging his own grave (and a very deep one too)

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