The Dread Pro-Se Kimberlin has withdrawn his motion to have Breitbart considered in default in the Kimberlin v. The Universe, et al. RICO Madness, but he didn’t get his paperwork in until after the judge had already ruled against him.
Heh.
hogewash
Never pick a fight with a man who buys pixels by the terabyte.
The fail is strong with this one.
… and a restricted delivery check-mark short
He writes ” I hereby ask The Court to allow me WITH withdraw the request for default.
(not much pro-Se proof reading, huh?)
WAH, WAH, WAH, WAAAAAAAAAHHHHHHHHHHHH!
I guess this is his “You can’t fire me — I quit” excuse.
Again, this is intended and planned behavior, not mere incompetence. He makes for a hassle, then withdraws it looking for good graces.
Why wouldn’t he? It has worked so far.
I have a question. So, is Breitbart served now? I’m confused by the talk about Breitbart’s attorney.
No, they are not served. However, Breitbart (not sure which entity) may waive service by filing a response.
It is possible the purpose of this letter was less to seek to withdraw a motion and more to to tell the court (paraphrased) ‘Mark Ballen contacted me and is going to respond to this suit on behalf of Breitbart,’ so that in the event he never serves Brietbart he can claim the attorney lied to him about voluntarily bringing Breitbart into the mix and try to finagle additional time for service.
Well, he’s certainly lied about every other contact he has had with opposing counsel.