Stay Tuned for More RICO Madness

Judge Hazel seems to be taking a Gordian Knot approach to the gnarly mass of filings in the Kimberlin v. The Universe, et al. RICO Madness. He is allowing The Dread Pro-Se Kimberlin’s second amended complaint and mooting all the previous filings. This amounts to a do-over under the constraints of the Case Management Order.

Stay tuned.

UPDATE—Aaron Walker comments here.

33 thoughts on “Stay Tuned for More RICO Madness

    • Depends on whether they are following rules or not – not a given. Judge Grimm gave permission to file a motion requesting a SAC, not permission to file a SAC. If Judge Hazel is granting permission for a SAC, then that is a fourth bite at the apple for BK.


      • Well that is interesting – entering something that wasn’t even allowed.

        Rules schmoolz.

  1. Let me guess – that includes the MTD filed by Twitchy over the forgery.

    Further guess – since that forgery occurred in relation to the FAC, it is now moot, too. No forgeries related to the SAC. That we know of.

    This is an even worse outcome than I predicted. And I was pretty damned pessimistic.

    • Not reported: whether Judge Hazel has done anything regarding the order to show cause, which is different from the MTD.

      However, if I were reading team leaves, that the judge is allowing a SAC, says he is not planning to levy sanctions regarding that.

      • Can’t see the order/letter from the Judge – did he say all MTD’s related to FAC? Because that includes a Twitchy one based on the forgery.

        As to the forgery bit, well, like I said, a guess. I said what tea leaves I saw.

        But , hey, maybe the judge is just giving BK enough rope….

      • So my first guess is correct – that the MTD from Twitchy based on the forgery was denied.

        If they refile the MTD, that means they have to file an MTD against the SAC. And the basis of that MTD is misconduct around the FAC. So, I would just guess that such an MTD would be denied based on the fact that the FAC is no longer in play.

        Yes, that does leave the Order to Show Cause – which Judge Grimm issued, and he failed to do anything on it. Might Judge Hazel rule on it? Sure. He might. But it has been three and a half months. I would still say that if he intended any serious consequences related to that, he would not have granted the SAC.

        But, hey, we don’t know yet. All guesses at this point.

  2. So what? Is the judge just going through the pleadings in reverse order? Or is it just starting from scratch to avoid going through the record? Otherwise, it’s difficult to understand being familiar with the record and allowing the SAC.

  3. So, this sends the better part of a year’s worth of litigation down the crapper? You’ve gotta love the federal government and its endless efficiencies.

  4. This is a discouraging setback. It essentially doubles the defense efforts, as now all motions would have to be refiled and updated to address the SAC. More time and expense. Kimberlin’s goals are accomplished, in that he is severely damaging the defendants’ bank accounts with his frivolous, absurd complaints.

  5. This is what I would do. Were I Ali, in my next MTD, I would ask for a dismissal based on the fact that this lawsuit is based on racial animus – relay that BK called me an “n word” in a court room. I might even be encouraged to embellish that story a bit, since false documents are A-okay with this court.

    For all other defendants, find some way to incorporate the quotes from BK using the n-word in Citizen K. Maybe AW can get some of the “mail order bride” comments in – even if those came from BS, not BK. Might as well tag them to BK, because, well, you know.

  6. A few points.

    First, this decision is very understandable from the point of view of Judge Hazel. He is a newly minted judge coming in, in the middle of a case. He saw an easy opportunity to clean the slate, to start anew and he took it. i am not looking forward to the work, but from the judge’s perspective it is 1) very understandable and 2) not even slightly a showing of favor toward Brett. Let’s not forget that the judge returned two letters as improper. His first impression is of Brett, is Brett breaking the rules. That does not bode well.

    Second, this is saying nothing about the Twitchy motion for sanctions. Realistically no judge was likely to dismiss the case entirely, but a severe fine might have been in the offing. That is still on the table and it still might happen. in theory dismissal might still happen, though it was always a long shot.

    There is more thoughts i have about it, but bluntly, I don’t want to telegraph things to Brett. It might not be as much of a setback as you think, although it does mean we are going to go through a whole new cycle of MTD => opposition => reply, as well as any other nonsense from Brett. So the case has not gone on for a whole year, yet, i would be surprised if it is decided before it hits the anniversary. sigh.


    • A hanging, but for who? The judges sure don’t seem to give a rat’s behind about who is being honest and who isn’t; they seem more interested in drawing the case out and generating more billable hours for their guild.

      • Rob,

        Unfortunately this isn’t the first time things were forged in a federal court and he wasn’t the first to do it – okay the summons was the first I ever heard of – but then again just who am I anyway – but – not to bath in the negativity – people rarely get the justice the seek or those get the justice they deserve, however there is no way this guy is going to prevail a victory a huge victory for now if he avoids jail

  7. I for one am disgusted. A great deal of my faith in the judicial system will hang on the outcome of the Show Cause. If it is mooted, then Brett has gotten away with forgeries, and will be encouraged to foist more upon the defendants and the courts.

    It is more than likely his core MO.

  8. After reading Judge Hazel’s letter, not quite as bad as reported.

    He did take the SAC as delivered, which is probably bad news for BK winning the case.

    But as that isn’t his intent, the fact that he took it, requiring all the MTDs etc to happen again, is good news for BK.

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