Another Vexatious Lawsuit?

The Dread Pro-Se Kimberlin has sent a letter to Judge Hazel announcing his intention to drop his motion for a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness. He also asks again to move to have Ace of Spades’s lawyer bounced from the case.

More later.

32 thoughts on “Another Vexatious Lawsuit?


  1. Oh, telling a judge who is considering a motion to declare you vexatious litigant that you plan to file another suit when he isn’t even done dismissing the current suit?

    Smart. Real smart. Seriously, genius level.


    • hahahaha I also noticed a glaring, huge, obvious, um, let’s just say “error” so as to not provide any help to the tiny terrorist. We can laugh all the more when it’s too late for him to fix it.


      • I, for one, think the error should be pointed out in a reply to the court filed about tomorrow morning. Otherwise, it will be just another violation of the rules that the judge will let slide.

        I’d remind the court that the deadline was the 28th, and, that was to file. Surely, he was well aware of the fact that he wasn’t going to file such a motion days before. Then, I’d remind the court once more that relief is either needed, or it isn’t.

        Instead of seeking immediate relief, Kimberlin stated his intention to seek the same relief after filing yet another lawsuit. Before he could obtain said relief he’d have to serve all the defendants yet again. Perhaps, the court should be reminded of his failure to serve John Hoge yet with the SAC. At best, it would be weeks, if not months, before he could even file such a motion. By his own account, he faced irreparable in the interim. You ruled that relief was either needed urgently or it wasn’t. Brett Kimberlin has put you “on notice” that relief is needed, but, not until next year. I would ask who is suppose to have the final say, the plaintiff or the Judge?

        You wouldn’t want me to write the letter. I’d move that he reconsider his decision to grant Brett Kimberlin an extention of the deadline for two months. Presumably, this was in the interest of judicial economy. The result of Judge Hazel’s efforts at “judicial economy” was merely the burdening of Federal Courts with yet another lawsuit. I would note that his court is going to be tied up with an equally specious argument as to whether Paul Levy personally, or a member of his staff is going to represent The Ace of Spades. I would suggest, instead, that judicial economy dictates that Brett Kimberlin spend the next fifteen days writing motions that Federal Courts will have to read in any case rather than opening yet another case. I would move, therefore, that he rescind his previous order, and revert to regular order, and set of new deadline of fifteen days to reply to all outstanding MTD’s on file. If he can’t summon answers to the critics of his case, the suit will be over. That is what is in the interest of judicial economy.

        I would then hammer home the reality that Brett Kimberlin is engaged in lawfare. And, that lawfare is an inherently aggressive act. I would note in allowing him to delay answering all the MTD, a defensive act, the courts have given him carte blanche to file frivolous and aggressive motions in this suit, and other suits. I would end by noting that Brett Kimberlin has in at least five ways attempted to put off any ruling on any MTD: he deliberately delayed in issuing summons, he asked for an extension of time to reply to the first wave of MTDs. He asked to amend his complaint in lieu of rulings on the first wave of MTDs, he has delayed issuing summons for the SAC, and, he asked for a lengthy delay in replying to the second wave of MTDs. It will be a year before meritorious motions are allowed to be adjudicated. In the interim, a new suit will be initiated. If the courts indulges his stalling tactics again, yet another year will pass. That is assuming, another judge is not added to the Maryland circuit. If the time honored tradition of passing the least interesting and most burdensome cases to the new judge continues, the case will be delayed further.

        I would note that Brett Kimberlin has thumbed his nose at paying a million dollar judgment against him, and, will do so for the $600 judgment against him in Maryland. He has maneuvered to deny the defedant’s right to due process including forging a Court Summons, and falsifying evidence of proper service. Though he has been caught red-handed and confessed, no judicial actions have been taken against him. In the final act of irony it is I who will sanctioned for the much less serious offense of telling you, Judge Hazel, that I have lost all confidence in your ability to be fair and impartial, and, that you should consider the possibility of resigning in disgrace.


      • THE COURT: Parties, identify yourselves for the record, please.
        MR. KIMBERLIN: Brett Kimberlin, plaintiff, pro se.
        THE COURT: All right. You’re at the wrong table.

        OMG, you cannot make this up


      • On page 36 of the first day transcript there seems to be a reversal between “The COURT” and “MR. OSTRONIC” in which the court is quoted as saying, “Your honor,….” when it is clearly Ostronic who is addressing the court.


      • Like to thank Ali for posting the transcripts. It took me a couple of days to get through them. I like the Judge, much more patient that I am. A few bloopers in the transcripts, Hoge seemed to have gotten a promotion to Attorney for a while. In regards to the federal case, this one was confused enough with 4 plaintiffs and two advocates, what happens in the federal case with 20+ defendants and I think at least 15 advocates, some have joint council. One comment on the jury, it sounded like they were dismissed to breaks in the lobby, staying to one side by themselves. In VA, at least in my county we got a jury room to hang around in with private toilettes and snack machines.


  2. Didn’t he miss the deadline to inform the court he was dropping his injunction? He just can’t play by rules, can he?


  3. Here’s something I noticed on pacer – Levy’s surreply got sent back because he didnt request leave. But IIRC, he asked express permission before leaving for Zanzibar for leave to file a surreply if Brett Kimberlin put new arguments in his response to opposition to Levy’s initial reply.

    What went on there, and why doesn’t the clerk know about the judge giving permission?


  4. That boy just isn’t very smart. Seems like his paralegal training just isn’t paying off. Wonder if he’ll ask Acme for a refund?


  5. Jane – Thanks for the link to the transcript. Sloughing my way through Day 1. That Judge certainly has more patience than I do.


  6. My reading is simply,

    “Judge Hazel, I was told by you that I was restricted to filing against the five named defendants for conduct that occurred after the filing date. [Redacted] I’m going to file the motion I wanted to file. in order to do that I will shop for another judge. [Redacted]”

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