Team Kimberlin Post of the Day

I mentioned a few days ago that The Dread Pro-Se Kimberlin’s response to our discovery requests in the Kimberlin v. Walker, et al. nuisance lawsuit was underwhelming. Based on the staggering lack of evidence, the lawyer representing Aaron Walker, Stacy McCain, Ali Akbar, and me has filed a second set of motions for summary judgment on the two counts that survived the 1 July hearing. Of course, TDPK has filed an opposition to our motions.BK v AW 2013 Op2MSJ-1TDPK is dead wrong about res judicata being applicable. Res judicata only applies to final dispositions of matters. There has been no final disposition of the surviving defamation and false light counts in the lawsuit. There won’t be until either they are dismissed with prejudice or one side wins at trial. Judge McGann denied our first motions on those counts in order to give TDPK one last chance to allege a set of facts to support his case. The judge told him that if he didn’t do so, it was likely that he’d face another motion for summary judgment.

Now it might just be … that the defense then will re-file another motion for summary judgment on the remaining two counts, depending on what he gets.

Kimberlin v. Walker, et al., 380966 V, 1 July, 2014, Transcript at 52.

res_judicata_mugsThe hearing on our motions is scheduled for 7 August. If things go well, that will be the end of the case. Otherwise, we will go to trial on 11 August.

BTW, all sorts of nifty Res Judicata stuff is for sale over at The Hogewash Store.

29 thoughts on “Team Kimberlin Post of the Day

  1. as I stated in the other thread, Q’apla on the case kind Sir/Sirs/and or Madam where applicable!

  2. The nerve of this guy…. diddling with service, diddling with discovery, then having the audacity to file the kinds of pleadings he’s filed the last couple days. Astounding.

  3. Bill Schmalfeldt looks like Einstein compared to Brett Kimberlin. Of course, being a sociopath, Brett Kimberlin doesn’t care how he looks.

  4. And yet this lawsuit gives us fresh opportunities to remind the world that Justice Through Music is directed by a convicted serial bomber who plotted to kill a prosecutor, and continues to forge documents in his various lawfare suits. Streisand and Kimberlin share more than just grant money.

      • 782635 is not well described by “convicted serial bomber” although it is an undeniably true apellation.

  5. Correct me if I’m wrong, but weren’t the previous filings motions to dismiss under 12(b)(6)? These are motions for summary judgment under 56. If so, the two are totally different.

    If I’m wrong and they were both motions for summary judgment under 56, discovery (or lack thereof) presents new issues for the court to address.

    • These are state court motions, so the rules are have different numbers and are not exactly the same as Fed. R. Civ. P.

      Both BK and the Defendants file motions for summary judgment. BK’s was denied. Our motions were granted with respect to 5 of the 7 counts. Those counts were dismissed with prejudice. Our motions were denied with respect to the defamation and false light claims pending the results of discovery. Now that BK has given what he would be allowed to introduce at trial, we believe that there are no material facts in dispute and that we are entitled to a summary judgment based on the law.

      • Pardon my cynicism, but why do you have to go before a different judge for the hearing? Wouldn’t some consistency and knowlege of the record be nice?

        The “res judicata” misapplication is laughable, but will you have to explain to new judge the basis of the last judge’s actions and the results of the hearing?

      • Maybe he’s trying to look ignorant so the judge will buy his tiny-guy pro-se & pitiful act.

      • I see, I was thinking this was the Federal case.

        Same reasoning applies: not barred by res judicata. You’re asserting that there is insufficient facts to support his allegations.

        Thanks for the response.

    • Maryland standard for what can survive a motion to dismiss are much looser than in federal court. The Iqbal standard has not been adopted by our state courts.

  6. This opinion in the form of a statement was printed in the comment section – at Breitbart Unmasked and its interesting in the Jihad comment

    “Aaron Walker has ruined his life, his credibility and his career with his nonsensical weenie jihad against Brett Kimberlin”

    Lets review just for the record:

    Aaron did NOT do the following:

    Set off Bombs

    Be a person of interest in a murder case

    Call into a private establishment and threaten them with Jihadist retaliation for doing their Constitution GIVEN right to host a private function and be compensated for it

    Repeatedly contact the police with fake threats that muslin violence against a company was a possibility to get a lawyer fired for blogging when THERE HAS BEEN NO VIOLENCE ANYWHERE Europe, the Middle East, and the US against ANYONE making a blog challenging the antics of Muslim extremists for the last 20 years (no Benghazi wasn’t one of those and the film producer in Denmark was killed for allegedly sleeping with the murders ex girlfriend)

    File over 100 lawsuits

    Threaten an ADA in Los Angeles

    File several lawsuits against almost two dozen people who did nothing to him to cause them deliberate harm

    Forge Court Documents
    Forge Court Documents again
    Make False charges in pleadings
    Make more false charges in pleadings
    Dress up as an Arab woman and stalk a private gathering
    Have a convicted Pedo in proximity of his children
    File False assault complaint
    Take pictures of Aarons wife

    And there’s more but my hand is cramping up, so to all the victims and future soon to be adjudicated over there at BU – enjoy the freedom, make memories because at the rate you are going someday that’s all you will have in the Pen….

  7. Or the short version: Arron’s not the one who is in real danger of going to be writing checks and then going to jail…

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