Judge Hazel’s order concerning how The Dread Pro-Se Kimberlin has to go about filing his motion for a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness requires that TDPK meet the normal standards for pleading the facts and the law related to his motion. My guess that is that this will be the hardest hurdle for TDPK to get over.
TDPK seems to have great difficulty putting a proper signature block on his filings Rule 11(a) says:
The paper must state the signer’s address, e-mail address, and telephone number.
Brett Kimberlin rarely provides that information. Rule 11(b)(3) will be particularly difficult for TDPK to handle.
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery[.]
Yep. TDPK needs to actually have some evidence to prove his allegations. Note that the judge has warned TDPK that failure to meet the requirements of Rule 11(b) can result in the judge sanctioning Kimberlin on his own initiative. (Sua sponte is Latin for “on his own accord.”)
Now, it’s been brought to my attention that not everyone is into popcorn. Therefore, Hogewash! is also offering Jujubes via Amazon. Stock up today, and stay tuned.
Reblogged this on Dead Citizen's Rights Society.
In all of the discussion about the court’s most recent order, I don’t think anyone has yet mentioned Mr. Levy’s win. Ace will be allowed a sur-reply if the tiny terrorist pulls his usual tricks in pleadings. That’s gotta sting. hahahaha
To get an idea of attorney fee awards in federal court here is a good start
http://mspbwatch.files.wordpress.com/2013/02/awards-of-attorneys_-fees-by-federal-courts-and-federal-agencies.pdf
Judge Hazel appears to be not merely allowing TDPK to file his motion, but daring him to do so in accordance with the rules or else.
I am betting TDPK is too stupid to resist.
Can already hear the sniveling: “But, but, but you said I could file and I’m just a poor pro se and your detailed letter order frightens and confuses me.”
“your detailed letter order frightens and confuses me”
lol…
The leave to file a motion seems to be a bit of a trap for Brett Kimberlin. Brett Kimberlin pretty much flushed his own lawsuit when he noted, “some defendants may been caught up in this.” Conspiracy requires intent. To the extent Brett Kimberlin isn’t sure that the defendants actually conspired against him, as opposed to published a story they thought to be true, his allegations don’t rise above the speculative level. If Brett Kimberlin were asked to list those defendants he was certain conspired against him, his answer would infer his accusations against the rest of the defendants were speculative at best. Judge Hazel seems to be asking Brett Kimberlin to provide that list.
At this point, Brett Kimberlin has no good way forward. He can win the battle by dropping the deep-pocket defendants he targeted for settlement, and, lose the war as a result. Or, he can walk into an ambush. I don’t see he giving up on the big payday. Time to buy popcorn!
http://hogewash.com/2014/07/28/quote-of-the-day-961/
At this point, anything that makes Team Kimberlin squirm is really good. Good job everybody. Stay safe. Some rats don’t react well when cornered.
Suggestion: Update bombersuesbloggers.com
Reblogged this on That Mr. G Guy's Blog.