Yesterday, apparently tanned, ready, and rested after a vacation to Hawaii, The Dread Pro-Se Kimberlin filed a motion for issuance of judgment in the state Kimberlin v. Walker, et al. nuisance lawsuit. That’s the one Aaron Walker, Stacy McCain, Ali Akbar, and I won on a directed verdict after the court found the TDPK had presented no evidence to support his allegations of defamation or false light invasion of privacy. His motion makes it clear that he plans to move either for a new trial or to appeal when he gets the appropriate paperwork in hand.
It’s also pretty clear from his argument that he doesn’t understand why he lost the lawsuit. While it’s good news that he is barking up the wrong tree looking to overturn the directed verdict, it’s bad news that we will have to expend more legal effort to put down a zombie case.
You can help my codefendants and me defend the First Amendment rights to speak and publish. Go to Bomber Sues Bloggers to find out how.
To be very precise, he presented no evidence as to key elements, such as falsity, causation and damages.
He did prove we said several ugly things about him. He proved literally nothing else.
Also Brett is saying he is about to file ANOTHER new suit against us, this time in Federal Court.
A third case using the same evidence, against the same defendants, but failing to state a cognizable claim, should speed up achieving the goal of Ken White’s crowdsourcing project to have the tiny terrorist declared a vexatious litigant.
IOW – it may be a blessing in disguise.
Daily prayers for #TeamFreeSpeech.
Aaron has a new blog post up – Vile: Brett Kimberlin is Apparently Threatening to Make His Daughter File Suit Against Us
Thank you for your daily prayers.
“He did prove we said several ugly things about him. He proved literally nothing else” – I take umbrage with this statement – you Aaron are not responsible for the unseemliness, the depravity, the ugliness that Mr. Kimberlin foisted on the world – yes it is ugly and repeating the truth – the ugly truth aboiut what he is and what he did – but you didn’t paint his portrait – Brett did stroke by stroke decades before you met him
And, Brett Kimberlin did the same strum by strum with a guitar.
EPWJ- I’m surprised that you take Umbrage. I personally take Paxil with almost no side effects. Remember to take Umbrage on a full stomach.
You can take Umbridge. I’ll take Lockheart.
You guys need to file suit against Brett – make him answer for his reckless disregard for your rights and your property
You’re not talking about Orkin pest control here. The legal system has had ample opportunity and shows no interest in exterminating these roachs. That’s already been tried twice, both suits were dismissed IIRC. Now if TK were in the Tea Party, that would likely be a different story. Got any more ideas?
THey have a judgment they can sue
OK, it’s obvious IANAL nor do I know anything about the legal system beyond what I’ve seen from following this saga. Without giving the other side any warning, is it possible to explain why the proposed suit would fare any better than the previous ones? If not, I’ll just go quietly back to watching and stay tuned. Furthermore, isn’t this particular litigant pretty much judgment proof, at least on paper?
So sorry that case isn’t dead yet, John. No doubt his plan is to keep his RICO case alive by claiming the state case isn’t really dead. Yet. Anyone who looks at it will know the operative word is yet. It won’t help his other case.
Desperation – it’s not just a river in, uh, wherever there’s a river named Desperation. hahahaha
collateral estoppel applies even if the case is on appeal. i suppose it might not if he gets a new trial. fat chance of that happening.
[youtube https://www.youtube.com/watch?v=grbSQ6O6kbs%5D
Again, for those of us not up on legal terms, what is a motion for issuance of judgment? A quick search didn’t reveal anything, so I’m at a loss as to what that motion is trying to do. Is he trying to overturn the directed verdict, or actually get it reversed, or something completely different?
Thanks,
The judge ruled from the bench. TDPK need a written ruling to attach to his appeal paperwork.
So, this means the judge has to sit down and compose a ruling to cover this craziness? Yeah, I’m gonna enjoy reading that.
V E X A T I O U S
How does one donate to Bomber Sues Bloggers without having their name plastered on the website?
THIS!
You can choose the “Donate anonymously (Will only be visible to the Rally manager)” option (paraphrasing from when I donated a few weeks ago).
There is a donate anonymously option. Many donors choose that considering the dangerousness and violent nature of Brett Kimberlin. Just confirming what @flynnbsb has already said.
And if anyone would rather use PayPal, be sure to put “Bomber Sues Bloggers” in the notes, but it can go here: http://www.blogbash.org/donate-using-paypal/ and still make it to the National Bloggers Club which is administering the fund.
Thank you all. God bless you all for standing with us through our horror.
Done and done!
Indeed there is! Didn’t see that before. Might want to publicize that a bit better on the BSB home page. I think seeing the names of contributors listed there might deter people, like me, from contributing. Let them know up front their name won’t be release so TK can’t come harass them.
Donated and wish you all great luck.
Likewise! (or in the case of PK, like wiseguy!)
OT: Does one need a Twitter account to sign up to follow a Twitter feed?
Good on all who donated!
Yes, a_nonny, you must have an account but it’s free and easy enough that I (sort of) figured it out. 🙂
a nonny,
If you want to follow individual public feeds one at a time, no account is needed.
If you want to follow multiple feeds at once, or a private feed like mine, you need to sign up.
You can lurk silently on Twitter same as anywhere else…
I haven’t donated in the past because of the listing of the contributors names and because I couldn’t find a PayPal link. The last thing I want is Team Kimberlin having my name, address and, with discovery, my credit card info. But I just donated with the above link via PayPal. It just FEELS more secure to me going through PayPal. #TeamFreeSpeech
This seems like it could potentially backfire on him – making vexatious litigant easier to prove.
he sued a widow who’s husband be blew up, sued judges, if that didn’t do it = isn’t going to happen
At some point a saturation point is reached. You can say, “hey, look, this straw didn’t break the camel’s back. And neither did this one.” But it doesn’t follow that the next straw won’t break it, as the saying goes. the step when it becomes too much might seem relatively minor, but it can come.
Not going to stop him and not going to happen, its reserved for people who sue the judges, jury, warden, bailiffs, opposing attorneys – hell can’t even get the guy sanctioned for forgery…
um, he is suing two people for their representation of others.
Krendler wants to know what you think: Trying Out the Poll Widget
With his history of lawfare not yet having resulted in being declared a vexatious litigant, I don’t think he worries too much about it now.
And if he is having his daughter take this lawsuit forward….
Well, I remember being taken to task for saying this family acts like a criminal enterprise.
Earl she’s a child – being preyed on – in a different way
Maybe, maybe not.
But the fact remains that this family acts like a criminal enterprise. It will be multi-generational lawfare. Remember, when BK was a “child” he was running a major drug operations
Remember – everything that TK does is projection.
If so, she’s going to need an actual lawyer.
The Left has lots of lawyers, and lots of trolls – I am sure there is a pretty big intersection of the sets.
No one reputable would touch a suit so unfounded and dragging in a kid for exploitation by dad. His lefty creds are embarrassing really, and weak and scammy and who would want the likes of this “all around sociopath” and ” top flight conman” to be scrutinized as a doer of good deeds on the left? I wouldn’t want him contaminating the scene.
Left is staying out of it they washed their hands of these guys years ago..
More to the point, she will need an actual case. Her grievances seem to be that 1) she has heard schoolmates repeat things bad about her father; 2) no female schoolmates will have a sleepover at her house; and 3) Stacy McCain stated his opinion that she “can’t carry a tune.”
On the first count, it should be noted that Brett Kimberlin’s authorized biography stated he was a terrorist, drug dealer, pornographer, and, inferred that he was a pedophile and murderer. Good luck pinning Brett Kimberlin’s negative reputation on anyone other than Brett Kimberlin’s decision to seek notoriety for himself. In any case, she wouldn’t have standing to argue for defamation of a third party.
On the second count, her beef would be against the parents of schoolmates.
On the third count, it would be constitutionally protected speech. Any action shouldn’t survive past an anti-SLAPP motion. If it did, plaintiff would still have to prove falsity, which could very well result in her having to sing her scales before judge and jury. Already, it is been adjudicated that it was not defamation for Aaron Walker to have posted on his blog that Brett Kimberlin was a “pedophile.” Would plaintiff really want a similar adjudication about her singing?
I’m picturing the poor kid having to always admit to having been adjudicated “unable to carry a tune.” That would be both hysterical and sad at the same time.
Any review of a singer’s abilities is protected opinion. And that tweet didn’t name the girl, and would not be seen in any circles related to her.
“No one reputable would touch a suit so unfounded and dragging in a kid for exploitation by dad.”
He wouldn’t want someone reputable. The more disreputable, the better. Because the point is to harass, not to win.
And remember this is terroristic lawfare – kill one, frighten a hundred. Because while the defendants may go through this relatively unscathed, there are plenty of other people observing and going “Ain’t nobody got time for that.”
What claim could his poor kid have against any of the former defendants? Not only has she been kept out or unmentioned as far as possible (while still confronting false representations of BK, and some (icky) attempts to piggyback publicity), if his ugly past and present suspicions about his proclivities holds her back in her personal life or career, that’s really on him and has nothing whatever to do with her.
What claim could BK have? The court said he didn’t have any. But they still let that crap go on for a year.
Again, the point is not to win but to harass. That she doesn’t have a case is part of the package.
Seriously?
Hang in there, I am on your side.
Speaking of vexatious litigants, this is an interesting discussion from twiiter:
Pablo @Pablo_1791 4h
@DystopianHijinx Remember how you were going to take his kid’s inheritance and leave Mrs. Hoge homeless, Blob? Hilarious!
Bill Schmalfeldt
@DystopianHijinx
@Pablo_1791 Am I done yet. You are, troll.
You aren’t done with what Bill? Are you saying you are planning more legal action against Mr. Hoge? Based on what?
And yes, that exchange what AFTER the Peace Order.
Has anyone besides me noted his query in the form of a declarative? “Am I done yet.”
Of course. But Inspector Jiggles will claim it was his voice recognition software not interpreting the context as a query.
Stick a fork in him – that’ll give the answer…
It sort of depends on John, I think. The agreement between them had a 30 day clause to return to litigation. If John presses forward with his former suit, then I can see Cabin Boys counter claim coming back also.
If John doesn’t bring back his suit,then there is nothing for Cabin Boy to attach his counter claim to.
At least that is what I think I saw. IANAL, so I could be way off base too.
Bill Schmalfeldt @DystopianHijinx · 55s
And if he dies before I do, they better post a guard at his grave because I got an empty gatorade bottle and nothing but time.
Has anybody else noticed that the intervals between Bill’s manic and depressive phases is getting quite short? It used to be “high day”, “low day”, now it’s “high hour” “low hour”.
Sheesh.
Another example of the intelligent discourse expected from Bill Schmalfeldt:
Bill Schmalfeldt @DystopianHijinx · 3m
Wait, I wanna answer Perry Mason’s intelligent question posed on the Lying Sack of Shit’s website. “Fuck you.” There’s your answer, Perry.
Well said, Bill.
You posed a question on Bill’s website?
Touche
That’d probably work better if he started with a FULL Gatorade bottle…
So much stupid packed into such a large container…
He’d do better with a mayonnaise jar, but if he’s used to packing a tighter hole that’s his business.
Scraping his Depends would be easier into a mayonnaise jar.
He had his bite at the apple and brought no case. That’s his fault. No do-overs.
Bill writes:
And if he dies before I do, they better post a guard at his grave because I got an empty gatorade bottle and nothing but time.
not the only thing that’s empty…
This parody goes to 11!
http://wp.me/p4z3WM-7Q
Has anyone checked the blotter in Hawaii for any unexplained expolsions and/or missing juvenile females??
Bill Schmalfeldt @DystopianHijinx · 13s
…visit http://schmalfeldt.org , fill out the form and let me know which currently released CD’s you’d like. I’ll email you a zip file.
……then I’ll stalk your wife, harass your kids and call your boss.
Uh, obviously don’t click that link w/o protection.
He get tired of ripping off the Drudge Report’s layout already? Man doesn’t have an original bone in his body does he?
He did when he was in the navy, Frankie. But those guys never contacted him after he was booted.
The only way to stop brett is to sue him his 501c3, his friends – all are in on this in my opinion – he will keep on filing suits and he will keep on losing spectacularly, but counter suing will drain him of funds and his enablers of enthusiasm
I will say why I think Ali was inspired to go pro se. And why it bothered BK – or at least one reason that it did.
Because it changes the balance in the asymmetric warfare model.
Counter-insurgency works.
Indeed it does.
Also, by suing his corporate organizations, he will have to get a lawyer instead of going pro se, or am I mistaken?
Corporations can’t go pro se, as they are not persons.
Corporations are people, my friend!
But they’re legal persons, not natural persons. And they’re required by law and rules of civil procedure to be represented in litigation by counsel, whereas individual natural persons have the right to represent themselves.
Neither can they file in forma pauperis, and there are probably a couple of other legal reliefs they can’t use, either.
I am not a lawyer, but I do employ a couple of them, full time, and I’m married to one, too.
I appreciate her more for her Rule 5 attributes, than for her lawyerly skills, both of which are considerable.
And the neat thing is that in Maryland, you don’t even need a real case to gum things up for a year or so. You can sue for things that aren’t even torts! You can even forge your evidence – it isn’t even against the law.
And then the thing to do would be to sue anyone or anything that has ever worked with that corporate entity.
So, we need a pro se who’s as crazy as TDPK to sue him, JTMP, VRUS, Cohen, Zeese, Gillette, Rauhauser, Schmalfeldt, et al., plus all donors to JTMP and VRUS?
Hmmm…