Team Kimberlin Post of the Day

This paragraph is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit.BK v KU ECF 1-7And therein lies a fatal problem for TDPK’s lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires that someone filing a pleading with a court provide

a short and plain statement of the claim showing that the pleader is entitled to relief[.]

Because TDPK never identifies which videos are his and which are JTMP’s he doesn’t show that he is entitled to relief. For all the court knows, all of the allegedly infringed videos belong to JTMP, and TDPK cannot sue on the organization’s behalf. JTMP would have to sue in its own right, and it would have to be represented by a lawyer instead of TDPK.

popcorn4bkMore fundamentally, TDPK never identifies which videos the allegedly infringing images were taken from. In effect, he’s saying, “Your Honor, they stole my stuff, but I can’t bother to tell you what they stole.”

If you thought the opposition to the motion for default was brutal, just wait till you see what can be put in a motion to dismiss.

Stay tuned.

14 thoughts on “Team Kimberlin Post of the Day

  1. I’ll bet he knows exactly where they came from, and I’ll also bet he does not individually own the copyright. He’s very careful to be vague.

  2. Had to buy a new popcorn popper. Thanks. Unfortunately, I left it to another family member and the purchase did not go through Amazon. Sorry.

  3. There truly is no limit to the incompetence of TDPK. And its pretty hilarious that these flaws come not merely from the frivolous nature of his claims but from his pathetic schemes to fraudulently conceal assets and fraudulently use the assets of a tax exempt entity for his personal benefit.

    • The con committing cons within a tax-exempt con, perpetrates a con on the community, then tried to con the court while maintaining the cons that were being exposed before the con can con his way out of going back to jail

      makes sense

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