Team Kimberlin Post of the Day

Here’s what PACER advertises as the “corrected” second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.

I’ll likely be filing a motion to dismiss soon.

20 thoughts on “Team Kimberlin Post of the Day

  1. Hasn’t the seventh claim against Aaron already gone through the legal system and been found meritless? If that indeed was what happend, does Brett think because this is federal, not state, court they won’t be interested in what actually happened and how the state treated the same charges?

  2. As you noted, Brett Kimberlin may very well face the situation in which he is required to file answers to motions to dismiss from most of the defendants, more or less, simultaneously. To the extent that each of defendants make the same points answering that many mtds is merely an exercise in cut-and-paste. If, however, each defendant makes pleading specific to their own cases, Brett Kimberlin would have to formulate answers to those specifics else risk losing.

    In your case, I would suggest anti-SLAP. Your blogging is little more than public participation. And, I would suggest that raising money for a defense fund is also falls under the rubric of “public participation.” A SLAP motion would have the added benefit of being appealable. In the last analysis, Kimberlin is filing a nuisance lawsuit to shakedown deep-pocket publishers. Fighting a parallel suit at the appeals level merely drains Kimberlin’s resources without furthering his real aim.

    Kimberlin was tweeting about how many assets you possessed around the Ides of March.

    To the best of my recollection, you have never filed any criminal charges against Brett Kimberlin, nor, have you sued him yet.

    To the best of my recollection, you have never formally entered into an employer-employee relationship with the National Bloggers Club [Version 1.]

    Finally, Brett Kimberlin is has entered into an entrepreneurial phase of litigation for profit. He is going to continue to sue people directly, or by proxy, until he realizes untold riches are not coming his way, or, he is declared a vexatious litigant. Moving for a dismissal is akin to the “peace” Ali negotiated with Bill Schmalfeldt. While it is understandable that one could tire with having to deal with Bill Schmalfeldt, one also has to contemplate the moral implications of emboldening him to harass his next innocent victim even more aggressively.

    I’m reminded of a couple of analogies. The first is The Little Dutch Boy. The second, is the episode of Star Trek in which a matter version of a being became obsessed with the existence of the anti-matter version of himself and sought to destroy him. Perhaps, being trapped into perpetual litigation with an insane Plaintiff isn’t pleasant, but, sometimes that what circumstances call on us to do.

      • The more relevant question is whether, or not, Maryland has some anti-SLAPP laws. Any such motion is on the margin and exacts no cost whatsoever other than the allocated space within the page limit.

        Brett Kimberlin’s entire strategy is to file frivolous, but voluminous, charges as a means of attrition. Knowning this, if one of the defendants most determined to defeat that strategy comes forward to take the brunt of attack furthers the case of the others.

        For the federal courts to allow this suit to go forward would create a very chilling precedent for journalists. For instance, if two or more journalists who write about the same story are presumed for the purposes of ruling on a motion to dismiss to be “conspiring” with each other that would be chilling. If journalists who attend public hearings are presumed to be “stalking” [state case] that would be chilling. If raising money for an indigent litigant so that they may have legal counsel leads to the presumption of fraudulent conduct that is chilling. If these are permissible under Maryland law then Maryland lacks anti-SLAPP protection.

    • So, I googled the episode of Star Trek and found this quote:

      “Captain’s log, stardate 3088.7. We are no closer to finding an answer to the strange phenomenon than we were at the beginning.”
      Man, does that describe Hoge and company?

  3. Is it against the law for parties to coordinate their defenses? If not, suggest that you try to submit different responses and simultaneously file to make the timelines for responses run concurrently. It is bound to overload him, and given his close attention to detail, he will assuredly screw up.

  4. I dunno… 2,000.000 split between each of the defendants is only about $83.33 each. I understand this will be fought on principal, and frankly a dollar is worth more than Brett Kimberlin’s reputation considering his nefarious past, but still… $83 bucks and some change is all he is asking for from each defendant, it is right there in black and white. Oh and no further amendments… ROFL

    • First, I would note that Brett Kimberlin didn’t learn how to address the legal insufficiencies of his FAC after all the motions to dismiss pointing out it legal inadequacies. There is pounding the law, pounding the law, and pounding the table. Brett Kimberlin is flinging excrement in the hopes that it sticks. Brett Kimberlin has no intention of answering any legal or factual arguments.

      In reading all the mtds one of my impressions is how repetitive they are to each other. There is nothing wrong with every defendant other than TWITCHY filing, “I move the case against my client be dismissed for the reasons so ably articulated by Michael Smith.” However, this makes it easy for Brett Kimberlin to reply in one filing.

      The one exception to this observaton is the Franklin Center that actually argued along the lines of, “This is our body of work concerning Brett Kimberlin and that body of work does not justify any of the accusations against the Franklin Center.” They pounded the facts as much as pounding the law.

      I suggest each defendant has the ability to do likewise. One defendant could “pound the law” in twenty-five pages. Twenty defendant could “pound the facts” in five hundred pages.

      Nor, do I see how Brett Kimberlin has been “tipped off” in any manner. Most of defendants have already filed a motion to dismiss. Their strategy has been pre-announced. The only question is what “curveballs” the defendants may throw. Brett Kimberlin could spend time preparing for an anti-SLAPP motion. If such a motion is eventually filed, he would be allocated his time adequately. However, if no such motion is filed, he has wasted his time.

  5. Pingback: Media Bias and Women With Penises : The Other McCain

  6. I know this sucks for the defendants, but I’d really like to see Kimby on the stand trying to explain the whole “Team Themis” thing to a jury. That would be priceless.

    • I don’t think that will happen, because Team Themis is Rauhauser’s pipe dream. And Rauhauser probably is not going to be seen during these proceedings. On the stand explaining it, he’d give new meaning to kookpocalypse.

      • There’s also the matter of his outstanding warrants from New Jersey and Nebraska. If he were to show at the courthouse, I’m sure that someone would alert the Sheriff’s Office.

Leave a Reply