As noted earlier, The Dread Pro-Se Kimberlin’s motion to compel additional discovery from Aaron Walker, Stacy McCain, and me in the Kimberlin v. Walker, et al. nuisance lawsuit was denied on Wednesday by Judge Rubin. Here is TDPK’s motion:
hogewash
Never pick a fight with a man who buys pixels by the terabyte.
The butthurt is strong on this one.
Wasn’t Kimberlin required to submit a copy of the motion to plaintiff Kimberlin Unmasked?
defendant Kimberlin Unmasked?
Kimberlin Unmasked has never been served.
But, does that relieve him of the obligation to e-mail a copy to KU at his last known e-mail address?
KU does not accept emails from the terrorist diddler, nor does KU open attachments from same. E.g., he is not authorized to serve KU via email.
Seriously, he wants the names of the commenters?
Way to chill free speech!
I’m not surprised that motion was denied! Much too long a reach.
He has tried to get names of blog commenters in the past.
Which names did he request?
Yes I would like to see a list. Those not on it are on notice to try harder.
BSB – If you review the docket in some of TDPK’s prior litigation you will find that information.
Not just names. IP addresses and any other identifiable data specific to each commentor. Remember, even WordPress (as well as Google analytics) captures and records all visits to the blog as well as what pages they view, their operating system, point of origin down to neighborhood, browser used, resolution settings, how many times you have visited, how long you stay on each page and even more arcane data. You have to dig in WordPress to get that data unless you use a plug-in (buy a plug-in) or pay Google Analytics for their premium srvice but there is a huge amount of data available. Brett wants it all.
Team “I Want It All” is notoriously interested in making personal contact with opponents of evil lawlessness.
No thanks, I prefer not to let Brett Kimberlin dictate the style of the interaction to suit his preferences.
Whoa, Brett Kimberlin, I only called you a murdering pedophile again. You don’t have to blow up over it!
*snerk*
I saw that part and couldn’t help but think of all the times the moronic Cabin Boy promised that as soon as he was asked, our host would cave in and we’d all be in trouble.
Now how did the Cabin Boy KNOW that Brett had asked for commenters names, IP addresses etc? The state website doesn’t provide that information and neither does Pacer. Maybe the his Master the Terrorist once again gave him access to what he was filing?
What did he know and when did he know it? The question that sank my alter-ego’s Presidency and really drove the Watergate investigation into overdrive.
Not having read the interrogatories or responses, I can only guess. But even if this motion had merit, it is so horribly drafted as to seem impossible to grant. You can’t say “their argument is invalid”. You must make a cogent explanation why you think this is the case.
This is the piss poor sort of writing and analysis I’ve come to expect when some people faildox others.
Brett Kimberlin has always taken the rhetorical posture that he is trier of fact and arbiter of law when in reality he is just a pro se plaintiff.
From what I’ve read of his filings – and it’s not everything, it gets painful after a while – they are all like this. He seems to believe that his assertions of defamation, conspiracy, egging on, and shadowy manipulations are enough. I have yet to see specific evidence of anything presented. Since some of these types of deficiencies were in defendants’ initial responses, he had a free pass to include his links or screen captures or even to elaborate on what they show, but didn’t.
Frankly, I’m surprised there is even any talk of discovery when the allegations are so vague and the evidence unknown.
It has been suggested the judge is bending over backwards for TDPK in order to eliminate any grounds for appeals. I hope that is it.
Not every case brought is a winner, of course, and there will be unfounded filings all the time. But allowing the process to be so abused as to be the punishment itself, in time, money, and stress, undermines the faith in our legal system.
I appreciate the slow-walking for justice’ sake. But every now and then it would be nice to see a judge handle the likes of TDPK the way Bob Knight would.
The vagueness is not incompetence, it is deliberate. If you say “he’s mean and says all these bad things about me,” it is harder for the accused to defend against, especially if the accused is writing about you *at all*.
If you say “on December the 1st, this person wrote this thing and it is defamatory because it is untrue,” then the accused has several positions on which to defend – not the least of which is actual truth. So if the accuser says “he said this one thing about me and it is untrue,” you get to actually argue about that statement and whether it is true or untrue in court.
By making it a nebulous “false narrative,” any particular thing that was written that was true, BK can – and will – say, well, we aren’t here to talk about that particular thing. And then move on to some other thing that may have been written that gives him a sad (like writing that he should go to jail) which can’t be proven one way or other.
So the case gets spun up over supposed factual matters, and then gets argued over opinions.
Even more vague – he doesn’t come accuse the defendants of actually saying the bad things, but rather of *implying* them.
Again, all the more difficult to defend.
Shouldn’t even be in the courtroom, but there it is.
Imputed not implied. All his filings state impute (incorrectly of course) …
That Kimberlin even tried this constitutional over-reach shows just why he has the support of such people as Streisand and Soros!
Incompetent motion is incompetent.
I have to say I find Kimberlin’s claim that John Hoge, Aaron Walker, and the other defendants “egged me on” a bit bizarre. The only “egging on” by the defendants I have noticed was the, “Everybody Blog about Brett Kimberlin Day,” protest, the, “Everybody Blog About the Howard County SA Day,” protest, the fundraising for the Tetyana Fund, and fundraising for the Bomber Sues Blogger fund. Even then the, “Everybody Blog about Brett Kimberlin,” protest was organized by someone other than one of the defendants. Other than that, John and Aaron have pretty much stuck to the facts and let the reader take whatever decisions they choose. But, supposing that the defendants did indeed “egg on” some of the commentators here, why would their conduct in any way waive the rights to anonymity of the folks who post here?
If anything, John and Aaron have consistently advocated restraint. My basic advice to John Hoge is that Brett Kimberlin is hyper aggressive in his thoughts and actions. My advice is that such people thrive in an environment in which others act defensively, show weakness, or heaven forbid, show fear. What they don’t like is naked aggression being meet with an even more aggressive response. That is my two-cents worth as to what is going in Brett Kimberlin’s head. The defendants can do with my advice what they will.
I also heard of Brett Kimberlin before I heard of Hoge. It’s just that Hoge is now doing the best job of anyone writing about him, so naturally justice-minded people will read Hoge’s blog.
What egged me on to post nauseating info from Kimberlin’s authorized biography is that Brett Kimberlin continues to be an unrepentant criminal who abuses the legal system and uses unconscionable tactics against people who write the truth about him. Kimberlin is the one who eggs me on.
If he does not like his lawfare and harassment victims raising funds to defend themselves against lawfare and harassment, he should quit being a disgusting little harasser who uses lawfare.
If he does not like people writing about his bloody, perjuring, forging, Humbert Humbert little girl abusing, filing 100 frivolous lawfuit past. Then … well, he has only himself to blame, and moreso when he keeps showing how he still has all that evil in him after all these years. He sends Neal Rauhauser and Bill Schmalfeldt after people who write the truth about him and for this, he deserves for ALL of us to write about him regularly. He files intentionally frivolous lawsuits for the purpose of abusing the legal system and for this he deserves to have everyone reminded, every day, of what a through-and-through lawbreaker he is. He forges papers submitted to court under penalty of perjury for the purpose of denying lawfare harassment victims of their legal rights. This too eggs me on. In fact, if it does not egg YOU on, I really don’t understand you!
Precisely! I have been pondering just how I could be of help in this effort. I have the idea of a cartoon-strip or video series created along the lines of the old “Why We Fight” news-reels of the 1940’s focusing on the criminal activities of Brett and his sycophants. Just facts, free of defamatory conclusions, stating for all the world to see just what an evil and twisted dwarf he really is. If there were such a writer and illustrator individual or team (ideally I would love to have Julia Scyphers (Deceased) and Carl DeLong (Deceased) as the writer/illustrator of the features) I would give them the “Keys to the Kingdom” as it were by making them administrators and operating partners at my mothballed blog “Dead Citizen’s Rights Society” to use as their platform. If anyone knows such a team (or through departed family and friends can contact Mrs. Scyphers and Mr. DeLong’s departed spirits, I would love an email from them at plemmen55@gmail.com.
(See what an improvement in vision coupled with a strong cuppa in a “Team Lickspittle” 15 oz. mug {available from the Hogwash! store on the homepage} will do!)
I need to get a mug…need it for my soda, popcorn, and Slim Jims snacks when the doomsday clock breaks out.
But CB said you were going to fold like a cheap suit, sending everyone to JAIL!
Btw, CB, nice job of getting a girl to fight your battles for you, even if you did have to cry like a little girl & lie your a** off to make it happen.
Apologies, John. Carry on. 🙂
Nice Riff, Tex!
Well, it remains to be seen whether she is going to carefully overlook CBBS’s years-long moonlighting as a serial doxer/harasser who makes false reports to law enforcement and CPS and writes reams of attack harassment materials that you would feel dirty even quoting.
On the other hand, as I mentioned in the other thread, those who sink to his level do not necessarily deserve their tirades overlooked either. I think some people imagine “don’t sink to his level” is just a rhetorical trick to make the other guy sound bad. Actually it is sound moral and practical advice that keeps you on the path of doing good. Good ends call for just means. And particularly when it comes to CBBS, you should not only not sink to his level – you should not sink at all. His level is a very long way down, i.e., saying “at least I didn’t call up his family members & try to harass and humiliate them” would be a pretty weak defense.
It is not possible for those of us without dementia to sink to the level of CBBS who is so addled he has little contact with reality.
It is not possible for those of us with morals and principles to sink to the level of CBBS who without compunction will not only threaten an adversary’s minor children but will contact every state agency he can think of to file false complaints; and who will do his level best, pathetic as it is, to cause his targets to lose their jobs, regardless of the family who depends on that income.
It is not possible for those of us who rely on facts and truth, and who refuse to lie, to sink to the level of CBBS who lies constantly with the intent to harm others.
It is not possible for decent people to sink to the level of CBBS who will dox, endanger, and call for harm to others, frequently with baseball bats.
It is not possible for anyone with self-respect to sink to the level of foulness that has alienated CBBS from his own family, with even his own children wanting nothing to do with him; and so disgustingly misogynistic that CBBS was banned by KOS. http://www.dailykos.com/story/2012/05/18/1092708/-The-REAL-Conservative-Case-Against-Gay-Marriage
I could go on. I recently saw Bill Schmalfeldt again attacking parents who lost a child, blaming them for a stillbirth, for no reason other than his inherent evil. Neither parent was communicating with him or about him and so could not be said to have provoked him in any way, as if there could ever be justification for something so despicable.
So you take whatever road you prefer. As for me:
It is not possible to find a level low enough to be commensurate with what CBBS deserves for the evil he inflicts on others.
Jane,
I am not sure, but I believe Bill would probably still have been a doxing harasser without any dementia. People without physical ailment definitely CAN sink to his level. Not that you implied different, but I feel it’s helpful to attach a reminder that the typical Parkinson’s dementia sufferer would never resort to the Bill Schmalfeldt harassment tactics that you listed. Whereas, Brett Kimberlin and Neal Rauhauser both do use some of those same tactics and are in control of their faculties.
If you wish to attack him, that is a reasonable decision which I do not oppose. In fact, I wish you success in persuading others – and maybe Bill Schmalfeldt – about the wrongness of his actions.
I only comment on the methods used in the attack.
Sorry if I minimize the damage Bill Schmalfeldt did to some of his victims. The damage is very real, and anger is justifiable. Very harsh criticism and even legal measures against him are also justifiable. I hope it’s clear now.
Please read my rambling diatribe here and then see whether or not you and I are on the same page:
http://hogewash.com/2014/04/23/in-re-kimberlin-v-walker-et-al-5/#comment-38314
Last year RSM cited comments about CBBS by KOS progressives, including:
“When Tree Climbers objected to the language of the POS excerpted above, merely asking for a trigger warning, he mocked them and tried to “out” their charity.”
“i recall he wanted to do a story on a fellow kossack (something about exposing things at her place of work). he harassed and pressured her, and clearly ‘stalked’ her. demeaned her…because she wouldn’t give him the story that would likely elevate him to the levels of woodward/bernstein…or something.
creepy.”
http://theothermccain.com/2013/07/22/epic-new-failure-dailykos-re-banishes-deranged-cyberstalker-bill-schmalfeldt/
This shows it’s not a right/left thing – Bill Schmalfeldt victimizes, stalks, and harasses because that’s what he does. Evil.
I’m with you, and the whole right/left thing mindset is actually really detrimental to anyone on the receiving end of Team Kimberlin. It is my belief that Kimberlin habitually exploits this divide to attract credulous dupes and isolate victims.
BS has stated that he started exhibiting mild symptoms of PD dementia last year. According to him, it has primarily affected his memory. The doxing, harassment, etc., go back years.
I recall recently reading something of his saying that he was starting to have memory issues back in 2010 (I think it’s in one of his Parkinson’s books). If that is the case, that would help explain the medical retirement in 2011, as his ability to actually write has obviously not been affected even yet.
Just his judgement and impluse control, evidenced by him stating that in Tweets as well as exhibited in his blog posts and unbridled Twitter rants. So sad to see.
I guess this at least partially explains Biwwy’s desperate attempts to dox folks over here. I wonder if he had a list of screen names whom Brett was particularly desirous of outing to go with those who just had passed him personally off.
Though how knowing exactly who we the commenters are would help this turd of a case is something no one could explain, which I assume is why the judge agreed with the defendants. The only reason for Brett to want this information is so he can create another bogus lawsuit or otherwise continue his free speech chilling activities against new targets.
They are coordinating their doxing efforts, for sure.
I’d love to know what Brett’s excuse for knowing that much personally identifying information about commenters who are not a part of this suit was. Was he planning to add them as defendants? Or start another BK vs. the rest of the world suit? Or perhaps just have some of his good friends do what they do best?
“for needing to know that much”…
Not enough caffeine yet this morning, and it shows. 8)