After getting caught altering a Certified Mail green card in his state Kimberlin v. Walker, et al. nuisance lawsuit, The Dread Pro-Se Kimberlin has filed yet another motion with an apparently altered green card in the Kimberlin v. The Universe, et al. RICO Madness. He is trying to get a default judgment against “Breitbart.com.”
Developing …
UPDATE—The Dread Pro-Se Kimberlin included the Post Office receipt for the Certified Mail piece associated with the tracking number on the green card submitted as evidence in the motion above as part of Exhibit B on his report to the court on service of process (ECF 27).
As can be seen on the face of the receipt, TDPK did not pay the $4.75 fee for Restricted Delivery. This is in line with his admission to Judge Ryon on the 9th that he has never done so.
He’s gonna have some ‘splainin’ to do.
UPDATE 2—I used to live in the LA area, and the address on the green card for Breitbart didn’t seem to me to be in the right neighborhood. A member of the Vast Hogewash Research Organization ran down the address and found that the business located there is a small copy/shipping/mailbox store.
Given the kind of business at that address, it is unlikely that anyone from Breitbart actually signed for the Certified Mail without Restricted Delivery specified.
UPDATE 3—I note that there is no certificate of service with TDPK’s filing. Judge Grimm’s Letter Order from 7 January stated explicitly that “future motions will not be considered in the absence of proper service.” I wonder if TDPK will bother to send me a copy? Or does he think that he can get away with an ex parte communication with the court?
Where is the receipt for postage? Did he leave it out this time? 🙂
And this time, Brett Kimberlin certifies this is true and correct under penalty of perjury.
You know what THAT must mean.
It means that this is now extremely series!
Like the Japanese embassy on December 6, 1941, there will be some serious editing and burning in a single-wide in Elkridge during the next few days. Funny how RICO can come around a bite someone in their Depends!
Hey Snitch?
Wanna turn State’s evidence?
Boom!
My choice of time-slot for the US Marshals to visit Snitch’s “ranch” is 1830 hours local time tomorrow. Wonder if the Snitch will put up a “Bundy” type defense?
“Better be sure”
It just came to me, but I can’t post it here….
Uncle Fester from the opening credits of the original Adams Family wherein his face is somewhat charred from a “boom”
I do not mean to defame beloved Uncle Fester in any way except the image does remind me of “not so loved” Uncle Carbuncle except that CB is the antithesis of anything good or funny.
It does look like TK may be finally starting to have some real trouble with their petards.
Feels like a “Hail Mary pass” play to me.
OK. So other than the fact that Kimberlin is on record as saying he never has paid for restricted delivery, do we know this one is faked? According to the USPS tracking tool online, this is listed as Priority Mail, Certified Mail, Return Receipt…but I don’t see “Restricted.”
IANAL but looks to me like he’s trying an end run around the judge to get a default judgment. Lots of problems here in addition to those noted above:
1) In his 21 February letter order (DE #88), Judge Grimm decreed that “any motions to amend the complaint SHALL TOLL the time to respond for all parties who have not yet responded.” TDPK filed such a motion on 7 March (DE #100). Therefore, the time to respond has been tolled; the 60 days to respond will begin to tick when Judge Grimm rules on the motion to allow the SAC.
2) In his Case Management Order of 4 March (DE #97, Judge Grimm ordered that no motions be filed without first requesting permission in a letter to the court. TDPK filed no request prior to moving for default judgment against Breitbart.com.
3) In light of #2, it’s particularly curious that TDPK did not style his request as a motion but rather as a letter to the Clerk purporting to tell the Clerk what the FRCP requires him to do, namely, enter a default judgment. It certainly appears to this non-lawyer’s eyes that TDPK was trying to avoid judicial scrutiny of his out-of-order motion and sneak in a default judgment on a (“deep-pocketed” corporate) party through the back door. Of course, the clerk entered TDPK’s letter on the docket as a motion; much to TDPK’s dismay, his interpretation of FRCP doesn’t hold much sway with the clerk.
But judge, I didn’t know the procedure…
Even though it’s not snowing today in Maryland.
Thanks for the update. I looked up the tracking number and did not see restricted at all.
On the tracking I see Priority, Certified, and Return Receipt, but not Restricted. Does anyone know if Restricted usually shows up on tracking information?
Never mind. I see our host updated while I was typing my reply above. It appears Kimby, as usual, did not send it restricted.
If anyone were now to allege what we (meaning most people who know what BK is about) know – that his “innocent” unfrozen pro-se alterations have a specific mendacious goal of obtaining a default judgement through cheating on proper service, he’s made it kind of easy to show.
Here he is, dodging and weaving the judge’s specific orders, with both respect to tolled response times and filing of motions, with no proof of having paid for restricted delivery, after having already admitted in court that he has never paid it, and of altering another document to make the court believe he had.
He ought to go to jail for it.
“specific mendacious goal of obtaining a default judgement through cheating on proper service”
This is the closest reasoning that I can see for all the schenanagins.
The courts should be getting their brooms.
Are there any requirements as to the legibility of the documents submitted? I’ve noticed Kimberlin makes an effort to scribble the address on the green card as illegible as possible. The numbers he writes look purposely confusing. We already know a letter sent to Mr. Hoge was returned as undeliverable because the “0” in the address looked like a “9”. Given his scam on the restricted delivery, one has to assume he’s doing this specifically to increase the chances that the letter is delivered to the wrong address (some people will sign for anything) or is otherwise compromised.
Can the courts required him to change the way he fills out his green cards?
They can reject his service attempts as having been inadequate or even in bad faith. But the fraud on the court is intolerable. He deserves worse than that from the legal system.
He’s asking for a default judgement on a complaint he’s currently praying to amend? Lulz!
I keep asking, “Why does he keep doing this?!”
But I know the answer. He really believes he’s more clever than everyone around him.
I’m not sure it’s truly that, although it does play a part…
I think it has more to do with the idea (more empirical fact, IMO) that those with the authority to compel him to cut the crap and behave have no incentive to do so.
The judicial apparatus in general neither gains nor loses by allowing TDPK to game the system as he does. TDPK gains and his adversaries lose. Therefore it is incumbent upon all of those opposing him to fight as vigorously as possible against his perfidy.
He must have really been tying to sneak this through. He obviously kept the Cabin Boy out of the loop or we would have had a doomsday clock going.
Serial bomber. Serial diddler. Serial liar. Serial forger. Serial perjurer. Serial scumbag.
It speaks volumes of his associates.
Presumably the court should care.
But as noted in the Twitchy motion, this is uncharted territory for the court.
As seen in Maryland, the court may be frustrated by the action and unable/unwilling to act.
The judge here has not been overly concerned – though he has also not been unconcerened – when it comes to proper form.
“does he think that he can get away with…”
Considering the outrageous behaviors he has already gotten away with, why wouldn’t he think he can get away with outrageous behavior?
What has his misconduct in these cases cost him? Any of his legal games?
Just curious, are paralegal’s required to do continuing education in Maryland?
If they are, BK should get his money back. Maybe he could use the refund on future restricted delivery fees.
“A member of the Vast Hogewash Research Organization ran down the address and found that the business located there is a small copy/shipping/mailbox store. Given the kind of business at that address, it is unlikely that anyone from Breitbart actually signed for the Certified Mail without Restricted Delivery specified.”
Ruh Roh.
Wow!
Even I know that is not the address for the entitiy he was trying to service.
1 minute of actual research (hint, not Business Week) shows me the true address, and it isn’t in a copy shop.
Yeah. Took me all of 60 seconds as well. But I won’t be posting the real address. If Kimberlin really is that stoopid (which is possible), then he can continue to wander the interwebz in bewilderment.
Personally, I think he did it on purpose. He seems to enjoy being outwitted.
I think this remains a low-life attempt to sneak in a default judgement. He assumes no one will go tramping over to the address listed and check what it is.
Is there any evidence the alleged “Breitbart.com” address to which the service was mailed actually belongs to anyone affiliated with said organization?
Or is it possible (yeah, yeah, tinfoil hat time) that it’s a phony address set up by some TK fanboi for the express purpose of collecting a single signature?
At this point, no amount of fraudulent behavior would surprise me.
Heh. 🙂
You can see what was most probably done:
https://www.google.com/#q=breitbart.com+mailing+address
The first result is the address used, but the information in the first result is not the right information. The correct information can be found easily enough through the CalSecState, but that ain’t it.
Maybe he is trying for plausible deniability, I’m not confident that the courts will see through his crap.
It’s the address breitbart.com lists on the site for DMCA takedown notices. That doesn’t make it a valid address for service of process for other legal matters. The DMCA statute provides an narrow exception to the general rule that bodies corporate (corporations, LLCs, associations, etc.) must be served via their registered agents.
Kimberlin is now deliberately attempting to sabotage himself with this bizarre conduct.
He should hang himself. Do the honorable thing, you sawed-off pipsqueek..
Honor? Kimberlin? Those two words are mutually exclusive!
It makes you wonder how many other times he’s engaged in this stunt to deprive his victims of their due process rights. This is a big f’n deal, as Retarded Uncle Joe would say. The Bomber Sues Bloggers legal team ought to be scrutinizing every legal proceeding TDPK has been involved in, ever for more evidence of shenanigans.
Wasn’t he successful doing this with Seth Allen? He’s just sticking with what works for him and he should be stopped.
If someone were to go back and look at BK’s “proof” of having served Seth, and it were found to be as defective as it appears to be here, is there anything that can be done about it at this date, even if merely vacating the judgement?
I suppose it would be up to Seth Allen to do that and appeal the judgement. IDK if there’s a time limit on that.
They can’t (won’t? both?) do anything about it in a currently active case. I really, really doubt that the Maryland courts will go back to a case decided for $100 and reverse themselves over this. They can barely bring themselves to use harsh language about it when it is happening right in front of their faces.
I don’t see how it would be anything other than appropriate for Seth Allen to repeatedly appeal until all appeals have been exhausted. The necessity to send notice by restricted delivery is designed to ensure the rights of defendants are respected. I should stress that it is a “right” of the defendant not a privilege. Rights are inalienable. Seth Allen’s inalienable rights have been violated.
If the judge in that case wishes to act on the assumption that upholding Seth Allen’s inalienable rights is not an efficient use of his time that should be exposed.
More to the point, if the judge acts on the assumption that upholding Seth Allen’s inalienable rights is not time-efficient the consequences should be for him to have to spend even more time and effort on defending that decision.
I was asking myself why Breitbart never responded to this ridiculous complaint…but now I know. They never legally received it. They may not even have this PO Box anymore. There was a transitional period before AB died when they moved into an office building. And I’m betting their legal address is in that office building.
But that’s Kimberlin’s game. He sends his lawsuit to a wrong address, hopes some random person signs for it, forges the green card, and waits. Once enough time passes, he files for a default judgement.
A fun fact about California’s LLC’s:
Agent For Service Of Process
The individual designated to receive legal documents and tax notices for a corporation or an LLC. The agent is responsible for ensuring that the business’s owners receive important correspondence and legal notices in a timely manner. State law requires that the agent be designated in the corporation’s articles of incorporation or the LLC’s articles of organization.
So what you’re saying is that Kimberlin must serve a specific individual within the Breitbart organization in order to comply with California process law (or they were never served).
Not necessarily a member of the organization, but the LLC must designate the Agent (it can be contracted out).
Betty, TDPK’s service of Breitbart is defective in numerous ways:
1) “Breitbart.com” is not a legal entity. You can’t sue a website. You have to sue the individual or entity behind the website. Breitbart News Network, LLC appears to be the entity he wishes to sue.
2) Breitbart News Network, LLC is registered with the California Secretary of State as a foreign (i.e., out-of-state) LLC organized under the laws of the State of Delaware. It is registered with the Delaware Division of Corporations as a domestic (i.e., in-state) LLC. Both California and Delaware business entity databases indicate that Breitbart’s registered agent for service of process is the Corporation Trust Company.
3) Maryland and Federal Rules of Civil Procedure require service of process on a corporation or LLC’s registered agent. Corporation Trust Company has offices for service of process in every state (including Maryland), so the papers should have been served on Breitbart there.
4) Rather than serving the registered agent or even a member of the LLC, TDPK mailed the papers to “Breitbart.com” (which, as we’ve established above, does not exist for legal purposes) at the first address he found for it—which turns out to be a storefront mail drop.
TDPK will likely try to play the helpless pro-se card again, but the courts seem to be wising up to that game—this ain’t his first rodeo. In my (non-lawyerly) opinion based on his demonstrated service games in past and present suits, he knew this service was defective and fully intended it this way so he could get a default entered against Breitbart. Remember, the Breitbart organization has been TDPK’s bête noire all along. A default would give him a victory to which he could point, as well as a possible funding stream to continue his vendetta.
The good news is, he’s totally stepped on his crank by moving for default while his motion to amend the complaint is on the table (thus tolling the time for responses). And he’s not going to get another bite at the apple to amend his complaint to properly name defendants. What will be critical, however, is that the court not allow him to dismiss this without prejudice, thus allowing him to refile and circumvent the limits on amendments to the complaint. IMO there’s more than enough evidence on the record to support a dismissal with prejudice—to say nothing of sanctions and referrals to the US Attorney for prosecution of multiple perjuries and forgeries.
Yes, yes, yes. All very good and well. The sawed-off terrorist diddler only wants to get a payday and stop people from spreading the TRUTH about him.
Of course, Brett may have opened that PO box remotely and authorized the staff to sign for all packages. There are lots of ways to do these things as any even mediocre con-men know …
Lol.
You need a napkin Mr. President; your irony is dripping.
Whoa… GMTA.
(Meaning, that same thought occurred to me.) (See my comment up-thread.)
Gus: Rather! How ironic is it that a reformed con-man willingly exposes the tricks of the trade used by a non-reformed and unapologetic felon?
I have such an excess of irony laying around I’m thinking of packaging it up and donating it to Stacy McCain … I hear he goes through tons of it weekly!
Nah, it’s a legit address for service of DMCA takedown notices (and nothing else) on Breitbart.com. You can find it on the same page that lists the name of the legal entity as Breitbart News Network, LLC. TDPK should have read a little more carefully.
TDPK may be a perfidious lawfaring pantywaist, but he’s not that creative.
Heh. I gave him too much credit. He’s a lousy con-man only able to fool liberal Democrats with his baffle-gab.
“Breitbart.com” is not a corporate entity of any sort.
Breitbart News Network, LLC is a Delaware limited liability company per the California Secretary of State and Delaware Division of Corporations business entity databases.
Both California and Delaware list the Corporation Trust Company as Breitbart News Network, LLC’s registered agent for service of process.
Maryland Rule 2-124, Process — Persons to be served, provides:
From the documents in the record, no attempt has been made to serve process on Breitbart’s registered agent. TDPK’s service as to Breitbart is defective, and he has now asked the court to enter a default as to Breitbart based on his defective service.
The address listed is not even in the same zip code as Breitbart News Network’s registered agent.
It wasn’t even particularly hard to find their agent, or the mailing address for the agent.
You can’t mail the complaint to the wrong address, not under restricted delivery, and expect to get a default judgment.
Then again, even if the court did grant judgement against Breitbart.com, TDPK would have no remedy. Breitbart.com is not an entity, and has no assets. He could try claiming it was an in rem action against the domain, but that would fail for a number of reasons, not the lease of which is lack of jurisdiction.
“1) “Breitbart.com” is not a legal entity. You can’t sue a website. You have to sue the individual or entity behind the website. Breitbart News Network, LLC appears to be the entity he wishes to sue.”
Great. Now he is going to take that info. make up a new amended complaint, photoshop AW’s summons, and then send variations of it out to twentysomething dedendants.
Nope. The court made it clear that he doesn’t get any more mulligans on amending the complaint.
As for the ‘shopped summonses: I do really hope he tries. Judge Grimm would really appreciate that, I’m sure.
Seems to me you can’t ask for a default judgement based on lack of response, then turn around and say you had the wrong person and want a do-over.
Don’t put anything past the Dread Pro-se!
Based on the Kimberlin model, I have decided that I am going to sue my neighbor’s tree. It has caused damage to my retaining wall and I will pursue a default judgment after nailing the lawsuit to it’s trunk.
I think I’ve got a chance.
Well, it’s a theory!
I tried nailing a notice to Kyle to get him to cough up your pony, but he went back in time and hid it.
He’s clever, that one.
durn tootin
Remember to have a licensed process server do the nailing.
Good plan, Betty. I suggest suing as “Black Betty vs. ElmTree.com”
You actually can (conceivably) sue a tree. It would be an in rem action against the tree. Your remedy would be limited to possession of the tree.
I don’t know if there’s authority for private civil actions, but civil forfeiture is full of strange cases like “United States v. $124,700 in U.S. Currency”
A question for all the more legally informed readers :
Seeing as Seth Allen always maintained there was issue in service to him, could he have the courts re-open his case considering the numerous cases of fraudulent service by BK that are coming to light now and BK’s admission he “never” paid previously for restricted services?
Seems to corroborate everything Seth Allen said, no?
Especially, Kimberlin’s claim that he has never paid for restricted delivery.
Since no one else has replied to you yet, Canuckamuk, I’ll give it a try.
My understanding is that yes, if such a fraud is proven it’s a fraud upon the court, an intrinsic fraud, one that strikes at the heart of the legal system, and therefore, there is no statute of limitations, so it’s possible to overturn the verdict.
However, as we all know, ‘possible’ isn’t the same thing as ‘probable.’ It would be very difficult to prove at this late date. BK may “explain” that his reference to never paying in the 50-100 pleadings he’d mailed meant only in the current cases, not in the past. Even if BK is convicted of fraud and/or perjury in the current case(s), that doesn’t necessarily mean he did in all prior cases, to a legal certainty, I mean.
Another hurdle Mr. Allen may have to overcome is showing that he couldn’t have known this at the time. One can’t reopen a closed case because lack of due diligence at the time resulted in not finding available evidence until long after trial. Under the circumstances of his case, Mr. Allen couldn’t have been expected to assume fraud, imo, and the court may agree.
Another issue is proof to present enough of a case to get to discovery to obtain more proof. We don’t know what documentary evidence Mr. Allen had or continues to retain to even get the ball rolling. If he has anything at all with the tracking number, even an old pleading, he may be able to subpoena the post office for the records he’d need based on that number.
TL;DR – If Mr. Allen does obtain (or has retained) the evidence of an altered green proof of service card, the court may be offended enough to vacate the order based on intrinsic fraud.
I don’t see how Kimberlin could possibly claim that in the past he paid the extra nearly five dollars without admitting that he knew at that time it was a requirement of proper service.
Poor Brett. Getting caught trying to pull so the same ruses that he has gotten away with in the past. 😯
*smdh*
This has LONG past turned into a farse. And yet the Maryland courts appear to be doing nothing about it.
If you really need that USPS website to show “package accepted”, just send the package to a shipping store that will accept any package, assuming a customer is coming for it.
Nice way to get a default judgment. Maryland’s “justice” system has practically encouraged this harassment.
If one goes to gaol, for perjury regarding failure to render proper service, here are the lists of potential pros and cons:
Pros
—–
3 square meals a day.
No requirement to pay for your children’s support.
Another cry me a river story, to use for future fund raising efforts, as in, I was jailed for a tick mark!
Earning jail house legal fees.
Cons
——-
Soap on a rope is rather expensive these days.