Team Kimberlin Post of the Day

Last Friday, The Dread Pro-Se Kimberlin sent a letter to Judge Grimm seeking permission to file the proposed Rule 11 sanctions motion which he served on Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. He also filed a pleading called Plaintiff’s Response to Defendant Twitchy’s Memorandum.

The lack of attention to detail is stunning.

First, Judge Grimm’s case management order specifically requires that the title of each opposition or reply paper refer to the pleading it addresses by name and docket number. Several memoranda have been filed on Twitchy’s behalf, but TDPK doesn’t say which he is responding to.

Second, Twitchy isn’t yet a party to the lawsuit. You can look it up on PACER; Twitchy’s not listed. It won’t be a party until after TDPK’s second amended complaint is accepted. If it is accepted.

Third, as I’ve mentioned before, TDPK seemed to be having trouble remembering who is the plaintiff planitiff and who is the defendant in the suit.

Fourth, in an earlier order Judge Grimm said that papers that were not properly served on opposing parties would not be accepted. Guess what? TDPK has diddled with service on both his pleadings filed last Friday.

The version of the certificate of service for his response to the Twitchy memorandum that was filed with the court looks like this.ECF 125-certThe version mailed to me looks like this.ECF 125-cert_mailedNote the date change. He’s told the court one thing and acts as if he thinks he can get me to believe something else.

Here’s what the envelope looks like. Note that it is postmarked on the 12th.BKenvelope20140512Here’s what the first paragraph of the letter about Rule 11 sanctions that was filed with the court looks like. Note the handwritten correction.ECF 126-1Here’s what the same paragraph looks like in the version of the letter sent to me.ECF 126-1_mailedThe handwritten correction is missing, and so are Exhibits A and B in the package sent to me.

All this presents an interesting quandary to me. I could seek permission from Judge Grimm to point out how Kimberlin is still diddling with service in violation of the his instructions. That would probably get some of TDPK’s stuff thrown out. OTOH, these pleadings are so poorly written that I believe they actually help my case. It’s probably in my best interest for Judge Grimm to read this dreck.

For now, at least, I’ll do nothing to rescue TDPK from his own folly.

38 thoughts on “Team Kimberlin Post of the Day

  1. While its possible that its just his utter incompetence combining with his contempt for the world, I’m convinced more and more that he is actually trying to sabotage himself and get the judge to throw the case out sooner rather than later. He can’t figure out how to end the fiasco and so wants to set up some bizarre martyrdom story.

  2. More handiwork from TDPK, world’s worst forger. No wonder it is one of the many crimes on his rap sheet – if he was any better at it, he might not have been caught. Of course, this is the same man who ate a Presidential Seal…

  3. I suggest you probably have the option of both having the judge read his dreck, and filing an objection. The court, probably. will act under the assumption that the 15-day deadline has passed on May 22nd. However, Brett Kimberlin’s fraud on the court doesn’t alter the fact that your 15-day clock started ticking on May 12th. You have until about May 27th to file an objection. If Judge Grimm were to act upon Kimberlin’s motion before considering a timely objection he might be embarrassed. Since Brett Kimberlin reads this blog religiously, he could on his own accord avoid that possibility by informing the court himself that he mailed the motions five days late.

    I suspect that it would in fact take the full 15 days to fully research such a motion. This isn’t the first time Brett Kimberlin has mailed a motion after the date he stated to the court that he had already mailed it. Nor, is this the first time that Brett Kimberlin has mailed a false “copy” of a filed motion. Just cataloguing all such cases, and, gathering similar instances from other defendants could take the entire fifteen days.

    It is fundamentally unfair that you should have only ten days to prepare a response when Brett Kimberlin himself has fifteen days to file such responses. Nor, is it fair for you to have to rely on PACER to know for sure what motion was been filed. It is Judge Grimm’s duty to insure that both the plaintiff and defendant are treated fairly. If Judge Grimm is not informed of the current situation he will not know to do his duty. if Judge Grimm is informed of what is happening, but does nothing, it will be on the record.

    • Well, it was snowing! And there was a flood! And the kids were home sick! And the dog ate my motion! And the power was out! And there was a grease fire! And I am just a unfrozen caveman pro-se litigant!

      • ” Honest… I ran out of gas. I… I had a flat tire. I didn’t have enough money for cab fare. My tux didn’t come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake. A terrible flood. Locusts! IT WASN’T MY FAULT, I SWEAR TO GOD!”

    • Most courthouses I am familiar with, have a mailbox right outside them. Now I freely admit that I have no awareness of the courthouse in Maryland, so it may not be true there. But if it is, how could BK not be able to mail the required service at the same time he is at the courthouse to file his motion? Oh, he didn’t actually go to the courthouse, but mailed in his filing? And since he was mailing at that time, he somehow could not mail the other service? What, run out of stamps?

  4. Can you request sanctions, yet use these pleadings as exhibits against BK?

    Note how the stamps, honoring Purple Heart recipients were affixed upside down to the envelope. I’ve no doubt this is an intentional slight against the recipients.

  5. I would be distracted too, if I were facing financial ruin and cut off from my personal freedom soon. Bill isn’t helping him with his latest, the courts are trying to keep this simple and get rid of it – he is bound and determined to immolate himself on the altar of self martyrdom

  6. Liars gotta lie, crooks gotta steal, forgers gotta eat the Seal of the President of the United States, bombers usually end up losing a hand or an eye.

    I think I lost my rythm somewhere…

  7. The Judge has proven that he doesn’t really care much about how BK abuses the rules. Nor does he care much to have the defendants point out where the rules are being abused. The judge already knows you know about it, and will say that you weren’t prejudiced because you knew about it.

    If you were to file something regarding these process errors it would be “on the record” to what end? At best, something to use in the appeal.

    Now is the time for each and every actual defendant in this ridiculous case to send a Rule 11 notification to BK. And ask for significant punitive sanctions – not for attorney’s fees – high dollar amounts and that he needs permission from a special master to file in Federal court ever again. There is nothing to be gained by waiting at this point.

    Several of the parties have a good template for a “I got included in this stupid case for no reason at all” any way.

    Everybody has reason to do it over service – in that his pleadings are not truthful, and that this was done in bad faith.

    • Earl, with all do respect, I want very much for you to be wrong about Judge Grimm. Unfortunately, my confidence in your mistakeness grows weaker with each passing tolerance of BKs abuse of the system and/or rebuke of reasonable requests from the defendants.

    • The right to due process is one of the fundamental rights of all Americans. Brett Kimberlin isn’t just diddling with the rules, he is deliberately acting to deny his targets their right to due process. If Judge Grimm is going to play standing games, the answer is to deliberately act to gain standing. John should file an opposition on the fifteenth day. He should file it without any explanation. When his motion is rejected as late he will have standing. John ought not download Brett Kimberlin’s filings from PACER. He should respond to what Brett Kimberlin sends him. After filing his motions, he should then download the actual motion from PACER. John could then file an emergency motion to amend his original complaint complete with a demand that Brett Kimberlin be ordered to pay him for the costs associated with filing an amended motion necessitated by Kimberlin’s fraud upon the court.

  8. See the thing is this, Mr. Kimberlin intended to send the pleading on the date he certified it was sent, but then he noticed some errors and simply corrected them by fixing some dates, but by this point it was several days later, and he did intend to send it on the date he certified it was sent, but the postal worker made a mistake in postmarking it at a later date (the date that it was sent), instead of what he intended, and if you look at it from Mr. Kimberlin’s perspective, it was the postal worker who screwed up by not doing what Mr. Kimberlin intended.

  9. I say you have to let the judge know he’s still fooling around with documents. The retyped 14 is no big deal, but the crossout and different date on the certificates of service seem important. He’s filing under threat of perjury that he sent everything on the 7th, then actually sent at least one on the 12th, plus as a bonus he changed the document to hide his fraud.

    You and the other definadents (see what I did there?) are spending extra resources trying to make sure you are all getting the same documents under the same circumatances. Of course, he might just be diddling with you — or he might be incompetent.

    • I believe the vast majority of court filing are not actually made under oath. Depositions and Interrogatories are made under oath, but are exchanged between the parties and not typically filed with the Court. The only time a risk of perjury would attached to a court filing is if there were a requirement that the filing be made under oath – a return of service is typically filed with the court and requires a statement made under oath, some types of pleadings may require an affidavit swearing as to the truth of the facts contained therein, but the vast majority of motions and other pleadings require only a certificate of service.

      The certificate of service, which is typically required on all pleadings filed with the Court, exposes a person to sanctions, charges of fraud, and/or contempt actions, but not typically perjury.

      • The noteworthy phrasing is that Brett “…certif(ies) … pursuant to rule 11…”, when in fact he doesn’t since rule 11 requires that he certify under penalty of perjury. Something Judge Grimm made clear in his letter order.

      • Gus, if that is true, that would change things significantly. I don’t believe you are correct, though, because FRCP 11(a) states, in relevant part, “Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.” Absent the Judge instituting a rule that all pleadings must contain an affidavit – which would make the pleading filed under penalty of perjury – then the standard rules would apply, meaning the pleadings more than likely do not require an affidavit, and are therefore not made under oath.

        The Judge may have required all future pleadings to include affidavits, but if he did, I didn’t see that Order.

  10. I still think BK is intentionally filing/sending-copies on the wrong dates just to show that he does not care about the rules and he wants to muddy up the waters as much as possible in order to cause more havoc/expense to the defendants. And he is pretty sure he will get away with it by the courts based on track records.

  11. so what the state of Maryland is saying without putting it in so many words by ignoring BK’s playing fast and loose with service is, that it is up to the defendants to take it upon themselves to check for any and all filings by BK in order to avoid a summery judgement against them if they miss a filing date due to his screwing around with service and NOT to look to the state to enforce its own laws to prevent that from happening…


    • Remember: “Don’t Come to Maryland” … (also my “Maryland is for Stalkers” bumpersticker …)

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