Last week, The Dread Pro-Se Kimberlin filed a sealed motion for a preliminary injunction (which he did not bother to serve on me) in the Kimberlin v. The Universe, et al. RICO Madness. Judge Hazel unsealed the motion this morning, and issued an order relating to it and some other pending matters.
Also this morning, I filed the following request for permission to file a motion.
Aaron Walker filed the following three letters.
I may have some comments later today or this evening. I expect that Aaron Walker will have a comment up at Allergic to Bull shortly.
Reblogged this on Dead Citizen's Rights Society.
my commentary here: Judge Hazel Calls Bull on #BrettKimberlin http://allergic2bull.blogspot.com/2014/07/judge-hazel-all-but-calls-convicted.html
I laughed, I cried, it was much better than ‘Cats’. I’ll definitely leave a copy to my children and their children. Such an epic smackdown has never been seen in this case before.
“Given Plaintiff’s checkered past with representations to the Court, Plaintiff is cautioned that when he makes a representation to the Court, it ought to be accurate, in terms of both content
I will have my full commentary in a bit.
It would appear the certified paralegal could benefit from a little continuing education.
More continuing education and a whole lot less sliminess, a whole lot less falseness, and a whole lot less of, um, well, him!
respectfully, he doesn’t need education. he needs morals.
Aaron: you’ve hit the nail squarely on it’s head. Without God to guide you with His Word (regardless of denomination) you are rudderless and without a moral foundation. Thus are formed people like BK, BS and their ilk. I pray for them daily.
There are plenty of good people who are either atheists or just don’t accept the one true faith. I always say that goodness can be found in almost any faith, but Jesus and God is like the express lane. 🙂
😀 I often ask Atheists from where their moral compass comes. Most often they deny any influence outside of their own thoughts and ideas. Sounds rather like God’s grace working within them, prodding them towards awareness of Him.
So worth the (incredibly short) wait! Still laughing!
You typically redact more regarding last Walker record.
Please tell me that I’m not the only one who has already printed, framed, and hung in a well-trafficked area, the court’s letter order? hahahaha
The judge saw right through you, Kimberlin. And you are so very tiresome.
I was particularly pleased that Mr. Walker’s were adopted. 😀 He really let the tiny terrorist have it, and the judge added more! hahahaha
eek! Should have been “Mr. Walker’s arguments were adopted.”
Just enjoying this too much to type properly, I guess. 😀
I don’t think the judge even saw my letter before ruling. Its like I said to family… if two people are given a math problem…
And they both say 4, that isn’t evidence of influence or even communication. It is evidence that a certain answer is correct.
Aaron, you are likely correct and I defer to your analysis, of course. However, it did seem to me the verbiage was similar, which is why I thought the court had read and agreed with your arguments. What each of you selected to cite and what to omit also seemed similar when reading them in quick succession.
Coincidence is always possible, and as you suggest, 2+2 should always equal 4.
And I got SUCH a kick out of the way you ended your analysis! hahaha That is poetic justice wrapped with a huge irony bow. hahaha
Well TDPK is truly well spanked for brazenly misrepresenting the CMO.
It reminded me of the Naffe case. Naffe and her handlers took only parts of statements and put them before the court as whole statements. They got smacked down over that.
Where’s Earl? Even he will have to admit that Judge Hazel barely restrained himself with that Letter Order. A smack-down, and an eye of a needle as the only allowance he gave; I’m sure he was gritting his teeth as he penned the severe restrictions on the allowable filing. Open court is going to see a very un-sympathetic bench from the plaintiff’s perspective.
We really have to cheer poor Earl up!
scribd did neither. as the romans say “sic.”
Brett Kimberlin’s use of intentional dumbassery is a tactic commonly used by toddlers until their brain develops the ability to logically deal with the world.
I wonder if something happened to Brett Kimberlin’s brain around age three which caused his intellectual development to cease.
Many pedophiles were sexually abused at a young age. Severe sexual abuse definitely changes the brain. Many studies document these changes. Not saying that the sawed-off terrorist is a pedophile. I’m just saying that pedophiles were often themselves abused at a young.
Crazy runs in the family though, so there may be some heritable traits or susceptibility at work in what I believe is his psychopathic brain. His brother was a diagnosed schizophrenic, and the portrait Singer paints of Kimberlin’s mother is one of …eccentricity. There is at least one person from his Indiana neighborhood who has said in comment forums (a known person with a real identity) that he was creepy even as a child. He was fascinated with fire. When neighbor pets went missing, Brett was suspected by “everyone in the neighborhood but his parents.” Singer wrote of Brett’s preference for snakes and exotic reptiles as pets. Its only my opinion, but I got the impression that he was trying to borrow some cache or power by having intimidating reptilian pets, cold-blooded creatures with fearsome reputations or that cause revulsion in others. I wonder if he was delighted to feed them live creatures.
Why ate you spamming about this?
Toddlers and The Single-Wide Satan.
Respectfully, I am not buying Brett’s “I’m too dumb to understand this” routine and the judge wasn’t, either.
As one friend phrased it, Brett is being “stupid like a fox.” only the judge didn’t buy it.
There is a difference between being sly and being intelligent. I worked for someone like that once. Very sly, (and vindictive) but not intelligent at all. Once the truth about her lies started coming out, it was like a snowball. No one believed her about much of anything, and she was out of a job soon after that.
Charles, likely getting away with it at home.
This was a Pimpslap that left a few teeth on the floor.
I predict the month of August will not be good for Team Kimberlin…
nope, not at all…
Beware the Ides of August? (Not a threat, TK, just a belly laugh)
Lawdy lawdy such a mess this all is. Tsk tsk Brett. The flail, it is strong with you.
It appears that BK has finally nudged Judge Hazel’s annoyance meter.
It also appears that the defendants’ calling attention to the bad actions of BK is starting to actually get some notice. The Judge says no diddling around is acceptable on this one, you miss a signature this time, I might drop the hammer on you on my own without anyone asking me to do so.
And yet – he still allows leeway for BK to continue his jihad against, Hoge, Walker, Akbar, McCain, and Lynn Thomas. Now, you might say, well, he opened the door very narrowly – but the point is he opened the door. He helpfully instructs how BK may continue his lawfare.
If Judge Hazel really wanted to curtail the horseplay, he has the tool in hand. Almost four months ago, BK admitted that he had forged documents from the Federal court. That nothing was done about it then is why the Judge gets to deal with shenanigans now. All he has to do is bring the hammer down on that outstanding action, and this case would clear up.
Why is this court so doggedly disinterested in the forgery of a summons from the court?
Earl, for pity’s sake, man, it’s OK to be happy! Come on, you’re focusing on the tiny gap the judge almost had to leave, not the wonders of reminding BK that he isn’t fooling anyone.
Please, be a little happier. I swear, I’m worried about you!
I don’t know that the judge had to make the allowances that he did. He still allowed a letter to the judge as a substitute for a request to make a proper motion. He gave BK instructions on how to continue his case.
If his actions were influenced by the arguments of the defendants (in particular the letters from Messrs. Hoge and Walker) he gave no notice of it.
But, if you insist. hooray. The Judge issued a sternly worded letter. Curse you Hans Brix!
Oh, all right!
I swear, though – I’m going to get you an Eeyore plushy!
I’ll agree the judge is too patient at the expense of the defendants. I get the feeling that Kimberlin has found the outside edge of the court’s patience, however.
Do you really think Brett Kimberlin is going to take Judge Hazel now repeated, and specified, hint?
I promise, tomorrow we’ll have mother sew your tail on proper. 😉
You’re not wrong, but this does go toward the “give ‘im enough rope” school of thought. It wouldn’t surprise me if Hizzonor brought the fraud(s) upon the court up at the conclusion to prevent muddying the waters. Then again, I wouldn’t be surprised if it got memory holed.
I do not know whether BK will take the hints. He certainly has played fast and loose with direct orders in the past. And to the extent that doing so has not cost him anything, he has flouted those directives. Like the whole thing with what your signature block is supposed to look like. Judges before have told him to follow that rule, he continued not to, and he did not even get chided for it.
This time the judge is saying, look, you have to do this, or it will cost you. My guess would be that despite his previous spitting into the face of the courts, this time he will file something, it will follow the rules, and will cover just the defendants listed. He won’t drop the other defendants because the judge did not say that if he didn’t he would get sanctioned. That was just a suggestion. But he will make a motion, regardless how groundless, so that the defendants must respond.
Brett properly requested to do a motion. That part was proper. Him not serving people is the problem.
And this was not “how to continue this case.” this was telling him none of his poo throwing anymore.
The judge is seeing through him. That is huge.
He gave Kimberlin instructions that Kimberlin isn’t capable of following.
Request for an Order requiring compliance with Rule 5!
That will produce some fun…
Oh, wait, not that rule 5.
Wow. That Letter from Judge Hazel certainly was, whats the word I’m looking for…………?
Meh, I’m with Earl. And don’t the August dates cause a problem for Ace because Levy will be in Africa?
As am I. I’ve been very surprised by the amount of leniency granted to the homegrown terrorist by the courts. Like I’ve said before my grandfather, father, and brother are all attorneys and I like to update them on the cases so I can hear their opinions. Unfortunately, they also were not super impressed with the judge’s letter and said it could’ve been much stronger. All three of them also said he wouldn’t be getting anywhere close to this kind of treatment, in any courtroom, anywhere in our state. However, it does appear the judge is growing tired of Brett’s shenanigans and may be willing to put a stop to them. Well, that’s what I’m hoping for anyway.
Kimberlin had better drop extraneous parties now and abandon his bad-faith intentions to wrangle a settlement out of them. Because if he makes the judge do it, he’s going to be sanctioned. He’s going to be on the hook for fees and costs.
He’s been warned now, once gently, again indirectly.
Warned by the court, that is. Will he take the hint?
Brett Kimberlin’s aggressive pattern indicates he will not. The first time the judge hinted that Kimberlin ought to drop his suits against those “dragged into it,” Kimberlin replied almost immediately by seeking a preliminary injunction against those “dragged into it” arguing that he was, “likely to succeed on the merits of [his] claims for defamation…,” against them. Why shouldn’t we expect Brett Kimberlin to continue?
He hasn’t before and he hasn’t had any adverse consequences, so why not keep on doing it.
Why not keep on doing it? Because the Court has telegraphed danger in doing so.
Judge Grimm outright told him to comply with proper service rules, and he hasn’t complied. My point is that he feels immune, and not having suffered adverse consequences, will continue to behave as he has so far.
True enough, A Reader#1, but Judge Hazel is the new judge and BK, having got one over on (or at least received some lenience from) Judge Hazel, was primed to test him again.
I’m curious why Walker decided to send those letters to the judge. I doubt they will go anywhere and they’re just making it a headache for the judge (or more likely his clerk). I think Hoge’s letter is fairly correct (procedurally), but he should have included a request for sanctions.
The Case Management Order takes sanctions off the table—for now. Rule 12 and 56 motions come first.
I don’t see anything about sanctions in the CMO.
The Walker Scribd documents have unredacted addresses for BK in the service area.
Smart move playing on the sympathy of [redacted]. But you know who else had a daughter? Sandra Barton. Know who else had a daughter? Julia Scyphers. Feel any sympathy for them, Diddles?
It is the policy of this blog to keep the Kimberlin children out of any public discussion of the case to the greatest extent possible.
Notwithstanding the propriety of redacting the name of TDPK’s minor children and/or his (estranged?) wife; gmhowell is right. Kimberlin is a sniveling punk hiding behind those same people we would protect while never flinching at the stress he causes the families of those he harms.
The sad reality is that the source of embarrassment to Brett Kimberlin’s children is Brett Kimberlin.
The basic fact were that Brett Kimberlin developed an unnatural attachment to a ten year-old girl. The girl’s grandmother put a stop the relationship. Soon after, the grandmother was shot dead execution style.
Given those set of facts, I would not let my underage daughters anywhere near Brett Kimberlin, or either of Brett Kimberlin’s daughters. It would be negligent to do anything else.
Brett Kimberlin has one solution to the discomfort his acts has caused his daughters: surrender custody to his ex, and, move across the county. For Brett Kimberlin to do anything else is for him to use his daughters as human shields. That is exactly what he is doing.
“I have contacted Mr. Lemmen’s supervising parole officer for comment and will update this post if they respond.” – You go right ahead Mr. Osborne – be suree to tell them the whole story as to why you are interested
Has he contacted BK’s parole officer? I know he’s not on supervised release, but he must have to report to someone from time to time.
What is that creep up to now?
I do not have a parole officer as I am not on parole. I served my sentence of incarceration and the follow on was five years of supervised release, a form of probation used by the federal courts. They id contact the federal court probation office in Tampa and I have an interview scheduled for Wednesday. I just hope they realize false criminal allegations are a federal felony as well as a state felony in Florida when said report is an attempt at extortion, which is defined as influencing someone to do something against their will. Their attempt to smear me and the Mission I started will fail and I am not the one who decides upon prosecution upon a finding of groundless accusation for a false purpose. Thankfully, I can show a track record for these individuals that shows their attempts at shut-uppery and extortive acts and comments in their futile attempts to defame and smear me. They cry and howl when people push back against the un-repentent and lying Brett Kimberlin who has never accepted his guilt, never confessed publicly his crimes much less been involved in active redemption of himself or repayment of fees and restitution order by the federal court. He and his little band of thugs continue their nefarious ways.
Yes, I am a convicted federal criminal, yes I cheated people. I accpted my guilt, have endlessly proclaimed it (and will continue to do so) and I work on my redemption every day. I chose St. Dismas as the name and patron saint of the mission for a very valid reason: St. Dismas was the “Good Thief” who was crucfied on Jesus’ right hand, whom Christ told that his sins were forgiven and that he would that day be in Heaven with His Father. This is a powerful and important message that all sinners can be forgiven of their sin and enter into Heaven through the salvific act of Christ.
I am setting up this Church so that neither myself or any other clergy can receive any financial benefit from it. I do not and never will control the purse-strings. I have no access to the PayPal account for donations, only the Archdiocesan Treasurer has access (the Interim Archdiocesan Treasurer is our genial host, WJJ Hoge III). The Canons of the Church are very clear on this: “CANON 13
All clergy must live in the Tentmaker Paul tradition, drawing their living income from secular or not compensated for by this jurisdiction nor by any congregation thereof. There will be no stated fees for sacramental services (though free will gifts may be received). The members of the Synod of Bishops may submit to the archdiocesan treasurer any bills incurred in the course of Episcopal ministry.”
Thus, allegations of scam ring hollow. I made very sure that there would be no impropriety in handling money. There have been zero outside donations to date, all costs to date have been incurred and paid by me personally, all items to date donated have come from my personal belongings.
As there have been no donations to date, no one has standing to allege fraud or scam.
That’s really good just stick to it
In general form, this was a wise decision, and the particular choice of person is GREAT!
Hope the venture is fulfilling. Separately, I’m hoping for justice regarding Matt’s “journalism.”
It was a dark and stormy night outside the gates of Paris.
A shot rang out
A man lay dead
And there I stood with my trusty, rusty pistol.
As I wandered through the streets of Paris I met a man.
Your name, said I?
My name, said he?
Yes, your name.
My name, said he, is Z A N, Zan, Z I, Zi, B A R, Bar, Zanzibar.
Did you say Z A N, Zan, Z I, Zi, B A R, Bar, Zanzibar?
Yes, said he, Z A N, Zan, Z I, Zi, B A R, Bar, Zanzibar.
Then, said I, I have killed your brother.
Then, said he, we must meet…
I”m beginning to think another “Everyone Blog about Brett Kimberlin Day” should be scheduled, and soon.
What a great idea.
I already had a similar thought because of a number of anniversaries coming up. Today, July 29, is the 36th anniversary of the death of Julia Scyphers, so I wrote about that first.
It won’t be a good discussion site like this one, but I hope to transform it into convenient reference material when I finish the rest of it.
Wow. So this one has bombshells galore. My absolute favorite line from the Judge… “Failure to comply with Rule 11(b) could result sanctions issued by the Court sua sponte.” I’m completely certain that is a warning not to file the motion unless BK can back up his allegation 100%, which, by the way, he cannot. If he files this, and the judge finds that it is not warranted by the facts, instant sanctions – the defendant’s won’t even have to ask. Bank on it.
One look at the blogs in question show BK’s claims to be untrue. His motion cannot state with specificity what he has already alleged to the Judge, and the Judge has, if you read closely, already indicated he doesn’t take as credible the allegations made by BK.
My next favorite line, “Not only has Plaintiff misquoted the language from the CMO, but Plaintiff has taken this language out of context.” SNAP!
My next favorite line, “Because Plaintiff’s request does not pertain to filings in this case, , it is “immaterial” and “impertinent” and in violation of the CMO.” – Double SNAP!
My next favorite line, (quoted by others), in footnote 2, “Given Plaintiff’s checkered past with representations made to the Court…” I feel a zorro snap coming on… SNAP, SNAP, SNAP!
This is NOT going to end well for BK. Couldn’t happen to a nicer guy, either. I’m going to need to order some more popcorn over here. “Hey two popcorns for the peanut gallery!”
This habit of quoting things out of context . . . who else does that? I seem to recall that a self-styled investigative journalist does that a LOT.
What are the odds that these “hints” from the judge will go over his head or more likely, he will completely ignore them?
Popcorn is definitely in order.
I believe the odds are very good that BK does not follow the instructions of the Court, that he does not comply with Rule 11(b), that he proceeds with his fantasy/delusional belief that he will obtain a preliminary injunction, that he fails utterly in proving daily accusations made by the accused, that he fails utterly in making a showing he will be successful on the merits on this suit, that he fails utterly in establishing that the claims made about him are false, that the Judge decides enough is enough and dismisses all the claims and SLAPPs down some sanctions. I put the odds above 70 percent that ALL of the above predictions happen (a sort of septfecta or something).
What makes me curious is whether the motion itself creates an independent basis for an anti-SLAPP motion for each named respondent to the motion. The Judge will sort of have to rule on that as a response if it is available, no? Any knowledgeable folks on that issue? Where is the pope for guidance when you need him… probably off somewhere trying on hats.
In 25 years of practicing law before various courts I don’t think I ever saw a judge give a warning to a litigant that equates to, “Don’t lie to me again, Buckwheat.” And that’s pretty much what Judge Hazel said.
A very nice smack-down. I couldn’t have happened to a more deserving pro se creep.
Reblogged this on Truth Before Dishonor and commented:
If I’m reading this order right, the judge told convicted terrorist, drug dealer, perjurer Brett Kimberlin to “prove it or shut up” and “quit lying to me or you’re in deep trouble”. It looks like the blob’s (friend of Brett) predictions were – predictably – 100 percent inaccurate.
Speaking of which, BS posted an email he sent to WJJH (yes, he did it again) asking questions about Paul Lemmen’s church, etc. I remind everyone that he just recently posted that he wasn’t an investigative journalist any more. Plus, I guess his mourning period is over and he’s tweeting again.
I always get a chuckle when he trots out the “so I can tell your side of the story.” crap.
You ain’t on my side of anything Buster.
He sent me an email as well. Asking impertinent questions that anyone who reads English could have found the answers to on the St. Dismas Mission blog. I told him that and other than disabusing him of the notion that I am on Parole (I am not a Parolee) I told him that I am not precluded from any activity other than those involving financial accounts, etc. As I have no access and do not manage the only account St. Dismas has (the PayPal Donation account), an account I hasten to add, has a zero balance and never has had a donation, I have not had access to nor benefited from anyone’s money. Regarding allegations of scam or fraud, the only people who can make that allegation are people who have donated money and the donation accepted. Thus, there is no one with legal standing to accuse. I laugh at these idiots. Then I ask God to forgive me and to forgive them for their affrontery and defamation.
You have repeatedly warned people not to trust you, many times on this very blog, and I don’t. That being said, you are entitled to fair and accurate reporting, the same as anyone else. The hit piece that BS just published is neither of those things. In the same breath, he makes an accusation yet admits he has no basis for the accusation. Behold:
“Christian Hyman is just the sort of person that Lemmen’s Parole Officer has ordered him to steer clear of. Osborne has attempted to contact Lemmen’s probation office.”
Really? Has BS interviewed the “parole officer?” No, he hasn’t, so how would he know what constraints Paul Lemmen is under? He admits in the same sentence that Osborne hasn’t spoken to anyone, either.
This is NOT reporting. This is social engineering and trolling. Clearly, Hoge and Lemmen are on Team K’s s**t list.
Bluntly, and I am aware that I am not a fan of Paul Lemmen, but…simply, I don’t believe either Osborn nor Lemmen.
Dianna – yup.
He told the judge to mind her own effing business?
Mary, mother, have mercy!
Snerk. That should be screen capped and taken on the 14th also.
Except he didn’t, as anyone with a modicum of good sense would have seen. The numbers were FAKE. No phone number starts with “555,” and no one would have info on insurance. But “investigative journalist” and member of the SPJ, who periodically admits he isn’t a journalist, doesn’t care about the truth.
Hey! Whatever happened to BS’s pronouncement that “judges don’t like it when you mock other litigants?” Don’t click on the internal link in the tweet, it’s not safe. You need a Hazmat suit.
Cyber stalker, adjudicated harasser, subject of peace/restraining orders of multiple states, affront to humanity, Bill Schmalfeldt may regret issuing this invitation:
I hope he regrets this one:
I do, too. He constantly accuses Hoge of crimes. Now that is true libel.
It is libel per se, as I understand it, it requires no demonstration of damages because they are assumed.
And especially this admission against interest:
And as I knew he would, journalist and editor misspells “spoliation,” as he has misspelled and misused so many other words. I point this out because of the delight he takes in pointing out the typos and/or misspellings of others, thinking that it impeaches the point they’re trying to make.
And, yes, that is a good admission to have on record. The standard is NOT what be entered into evidence. But, hey, according to BS, this law stuff is easy.
Don’t educate the Single-Wide Satan.
Got it, but we have discussed this extensively in other posts and he just calls all of us stupid, etc. He won’t listen, which is great for the good guys.
Schmalfeldt: As long as you have software deleting your week old twits, could you do us all a favor and set the time-out interval to 2 seconds?
Here’s another defamatory gem:
“At any rate, given Lemmen’s history as a conman and Hoge’s well-known penchant for right wing chicanery and his involvement with the National Bloggers Club, the “Bomber Sues Bloggers” fundraising apparatus, the inexplicable “Tetyana Fund” ….”
1. Yes, Lemmen’s history is well known. He doesn’t hide it. Unlike BS’s “very good friend.”
2. The National Bloggers Club. Would this be the one with the fully valid 501(c)(3) status? Or would this be the fake one that BS is the president of? Oh, no, we haven’t forgotten that.
3. Bomber Sues Bloggers has raised a modest amount to cover filing fees and expenses. What kind of “fundraising apparatus” is that?
4. The Tetyana Fund, its purpose, and what happened to it appears to be inexplicable only to investigative journalists.
This is not reporting, or even fair commentary. These are veiled accusations designed to cause reputational damage.
Sounds like he wants the explanatory post about the T fund put back up to me. You all remember that post – wherein donations were solicited to try to help a woman who said under oath in court pleadings that she was being abused by her husband and that she feared for her children.
If that’s put back up, couldn’t a certain pro se litigant then try to use it to “prove” how various defendants are libeling him? Or at least that would be their thought process. That there is plenty of documentary evidence to show why the bloggers did what they did doesn’t matter to BK; if he doesn’t like it, it has to be illegal.