Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has filed for a protective order in hope that it will permit him to avoid having to answer the discovery interrogatories that I sent him through counsel in the Kimberlin v. Walker, et al. nuisance law suit. However, he filed it after responding to my interrogatories. He should have filed it before answering. This is from page 335 of Discovery Problems and Their Solution by Paul W. Grimm, Charles S. Fax, and Paul Mark Sandler—

[T]he defendant filed timely answers and noted its objections but did not seek a motion for protective order beforehand. If the court follows Brittain, defendant will be deemed to have waived its objections …

BTW, the lead author for Discovery Problems and Their Solutions is the judge in the Kimberlin v. The Universe, et al. RICO Madness.

Grimm, et al. are writing in the context of the Federal Rules of Civil Procedure, but I am told that the Maryland Rules are essentially the same.

Acme Law at its finest.

36 thoughts on “Team Kimberlin Post of the Day

    • I denounce myself for using violent language that might be taken by the overly-sensitive to be a threat of some kind. Such was not my intent.

      And the sensitive types need to go invest in some guaranteed-not-to-bunch panties.

  1. Well certainly, when TDPK tries the same jazz in the Federal case, he’ll be able to once again explain to Grimm what he meant when he wrote that.

  2. Key phrase: “if the court follows Brittain….”

    Another key phrase: “Forget Brandenburg. Let’s go by Vaughey….”

    I am skeptical that Maryland courts actually have rules.

  3. Bloggers in the basement are protected by the shield of narcissi – usually emanating from their mother pettycoats

  4. Serial Adjudicated Harasser has restarted his blogwar campaign and scored several blows in the opening round:

    1. He managed to discredit his own interim PO and may face penalties and sanctions within a week
    2. He made comments about someone losing their job and the Serial Adjudicated Harassers needs to blog about it, to try and stave off the civil and criminal sanctions that may arise
    3. Serial Adj Harasser used obviously paradoxical posts and pictures to harass someone and shared personal information discovered on the net directly with the person’s employer – interfering tortuously with their employment, this can rise to a felony in some states
    4. Serial then disclosed medical information about someone possibly in violation of several federal HIPPA statutes
    5. Shockingly (not really) Mr. Serial Adjudicated Harasser, may have interfered with the collection of his own pension, something rarely invoked but if he is indicted for a felony – some pensions are suspended – pending outcome of the trial
    6. Annd if it couldn’t get anymore bizarre, trying to minimize the fallout from his, plea for attention and then withdrawn federal failsuit, he has implicated his own physician in comments that he cannot memory hole, comments that he shared that not only did his doctor know but hinted that the doctor approved that he was going to commit crimes against other people, the doctor is not going to be pleased and neither are the authorities
    7. The States attorney’s office is being made aware of all this and the Serial Adjudicated Harasser can possibly expect visitation soon, another – gee – so you are still causing injuries to others on the internet kind of talk
    8. His awkward, rambling, oozing, narrative of the crippled victim, bravely fighting a hoggish hord of demons from hell, was forever debunked by another series of very unwise comments made on other blogs that he is powerless to delete or shift the context – in other words – he hung himself with his own words

    Yes – he is on a roll, let’s keep him going

    • Yeah, I noticed. So much for that “olive branch.”. He can’t get at Hoge, so he is in his “sweaty palmed happy place” by going after someone he thinks is weaker prey.

      Point 6 is particularlarly interesting, as are the responsibilities of care givers.

    • Regarding #6, we should be mindful of the possibility that it is his doctor who is the person who will send the nice men with the white coats out to take Bill Schmalfeldt to a safe place. Perhaps, we shouldn’t say or do anything to make him resistant. What we should say is that we have photographic proof that Bill Schmalfeldt possesses a semi-automatic weapon that he brandishes with his finger on the trigger while the safety is disengaged. The nice men in the white coats ought to know to collect their patient at a safe location such as a doctor’s office or courtroom.

      What I see is the end of Bill Schmalfeldt’s games. He has tried to complain about his enemies to anyone who will listen. Apparently, that list has shrunk to weekend clerks. After this incident, they won’t listen to him anymore either.

      • Well then, I guess he just has to hope his targets believe the threats. He must have occasionally gotten good results this way, and that would be why he makes such a large number of threats.

  5. The point of asymmetrical warfare is the asymmetry. BS does what he does because he has nothing to lose. He is a fat, impotent man with no job, no real friends, and family that mostly does not speak to him, who lives in a trailer on a pittance. He can be a shitty person because it bears no real consequence. He is a metaphorical suicide bomber.

    Those he chooses to antagonize are people who have something to lose. Jobs. Respectability. Dignity. If you act like he does then people will probably shun you, too.

    And he does not care about his own hypocrisy, that is a tool only to be used on those he antagonizes. Calling people cowards? He knows that he can call people the things he does from the safety of his hey board because in this world, you can’t just go deliver a beat down for it like he claims that he and his brothers used to do. Note well, that is not a call for someone to do that. But it is the reality of the world. That he has nothing to lose. That is why he chose to be on Team Kimberlin, it is why they love to have him around.

    Even if they make fun of him behind his back.

    The way to take on an asymmetrical opponent is not to just ape what they do. It is to do what they do not expect.

    • Earl, I’ve thought about this, and maybe it’s the reason why BS’s known record of harassment begins around the same time he officially quit working.

      As for Brett Kimberlin, he has silicone-sealed PVC pipes of cash, or its present-day equivalent, to fall back on. Or maybe he can try to skip the country (again) on a fake passport.

  6. A scenario where a Serial Adjudicated Harasser participates in a permanent peace order hearing:

    SAH: Your Honor – I dox babies on the internet, paste pictures of community volunteers on top of giant erect male genitalia, and harassed for years a mother who lost a child about her loss, and have tried to do this kind of stuff to many others, you see your honor – I have special privileges because I am in a walker and I am a certified investigative journalist and if only people would answer my questions – none of this would have happened

    Judge: Let’s cut this back to the peace order, I’m looking at a clay doll with a saw at his clay throat from a SNL skit in the 80’s – your item 1, exactly how was this sent, by mail, was it plastered to your car windshield, nailed to your door, sent to your wife’s work?

    SAH: No your honor it was on twitter

    Judge: Twitter? Really twitter, according to volume 3 of the friends of the court brief filed on background material on you – you have a peace order for sending 100’s of twitter – vile stuff, to several people and one got a current peace order against you

    SAH: Your honor that is a harassment campaign against me by another

    Judge: But you appealed, fought it saying twitter is not contact

    SAH: But

    Judge: let me go further – if twitter isn’t contact why do you think that this non-contact could be a threat?

    SAH: in my training..

    Judge: where, what training, college, law school?

    SAH: not exactly..

    Judge: This whole case is not exactly, there is not a threat, the person is in another state, you keep contacting him, his employers, mentioning his family, his gun permits, everything you can find on him, he writes a couple of notes, and you feel the need for a protective order…

    SAH: We walker people have no rights, we get no protection from…

    Judge: I’m going to save us all a lot of time and patience and just tell you a threat is different than a strong disagreement and at this point come back when there actually is one. Before you leave – there is a summons for you for a hearing on sanctions pick it up on your way out.

  7. The Maryland. Court has finally decided on having a hearing on the discovery business. That they did this after BK filed his protective order may be a coincidence. The requests for summary judgements came after that, and will also be heard July 1.

    But I am not surprised.

      I certainly hope the state is ready to toss that steaming pile straight into the trash…and the suit as well.


      • All depends on the judge, of course. I don’t think judge has had a chance to preside in this case.

        But I have made my prediction on this: something from the protective order will be sustained. This will be the basis of denial of the immediate sanctions. The motions to compel will be granted, BK will be given some period of time in which to provide his responses – perhaps as much as 21 days. The motions to compel will reset the clock, so the motions for summary judgement will be denied.

        The case will go on.

  8. Well, I just popped over at Krendler’s, and apparently BS thinks that being called a “waddling penis” is actionable, and that he’s going to play “rough.” when you stop laughing, you can see for yourselves.

  9. I find this really, really amusing. More than the tactic itself, but that attempt to get a PO after the people you’re suing have answered discovery but before he’s answered is so outlandishly apparent… We’ve been joking about the term “Acme Law” for a while, but this Coyote-putting-a-rocket-on-a-pair-of-roller-skates caliber idea borders on demented. Acme, indeed. I SO want to read the judges reaction.

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