He doesn’t understand the conflict rules, and even if he did, he’d still whine that Levy had a conflict, because he knows Levy is very good, and has a good chance of slapping him around in front of the judge. Through out this exercise in vexatiousness, his tactic has been to stomp his feet and bellow at the heavens about the injustice his enemies have subjected him to, regardless of any factual basis. This is no different.
He’s also voluntarily dismissed The American Spectator from the suit. Guess he figured it would have been a total “Eff Yew” to Judge Hazel if he’d totally ignored the none-too-subtle hint.
“,,,has consulted with me in legal matters as late as 2012,,,” Levy consulted WITH Kimberlin? So, Levy needed advice on how to forge documents? Screw up service? Embarrass himself in court?
On Sept 3rd Kimberlin asked the court for leave “to refile that motion [‘I previously filed a motion to disqualify Attorney Paul Levy, but it was returned under Judge Grimm’s management order.’]…” Now, he has simply asked for leave, “to file a motion to disqualify Ace of Spade’s attorney, Paul Levy.” I can only deduce that Kimberlin is asking to file a new motion with different pleadings. That seems pretty much an admission by Kimberlin that he doesn’t believe that that his previous motion is likely to succeed on its merits. The fact that Kimberlin did not ask for leave to refile that motion immediately after it was returned on a technicality indicates that Kimberlin didn’t believe that it was likely to succeed on its merits at that time, either. Alternately, it indicated that he didn’t particularly care if Paul Levy represented Ace of Spades, at least not to the extent of asking for leave to file a disqualification motion. Furthermore, Kimberlin tried to derive benefit from Paul Levy’s representation of Ace of Spades. At a certain point, the court has to ask itself if Ace of Spades being represented by a member of Levy’s staff rather than Levy himself is a distinction that makes enough of a difference to adjudicate?
Brett,
How’s the wife?
Oh, the hilarity!
What’s the current betting odds that his service was faulty yet again?
Liar.
Good plan, file a motion that relies upon certified mail receipts. Great plan indeed.
He still hasn’t figured out that Levy hasn’t any conflict of interest in this matter.
Yup.
He doesn’t understand the conflict rules, and even if he did, he’d still whine that Levy had a conflict, because he knows Levy is very good, and has a good chance of slapping him around in front of the judge. Through out this exercise in vexatiousness, his tactic has been to stomp his feet and bellow at the heavens about the injustice his enemies have subjected him to, regardless of any factual basis. This is no different.
So if he’s allowed to file, will the defendants be allowed to present all the forged green cards in their motions?
He’s also voluntarily dismissed The American Spectator from the suit. Guess he figured it would have been a total “Eff Yew” to Judge Hazel if he’d totally ignored the none-too-subtle hint.
Brett Kimberlin probably figured that The American Spectator was the defendant with the fewest financial resources to loot.
“,,,has consulted with me in legal matters as late as 2012,,,” Levy consulted WITH Kimberlin? So, Levy needed advice on how to forge documents? Screw up service? Embarrass himself in court?
I see nothing in this letter that requires the court to take any action. I will not say what is wrong with it, reread it and think about it.
On Sept 3rd Kimberlin asked the court for leave “to refile that motion [‘I previously filed a motion to disqualify Attorney Paul Levy, but it was returned under Judge Grimm’s management order.’]…” Now, he has simply asked for leave, “to file a motion to disqualify Ace of Spade’s attorney, Paul Levy.” I can only deduce that Kimberlin is asking to file a new motion with different pleadings. That seems pretty much an admission by Kimberlin that he doesn’t believe that that his previous motion is likely to succeed on its merits. The fact that Kimberlin did not ask for leave to refile that motion immediately after it was returned on a technicality indicates that Kimberlin didn’t believe that it was likely to succeed on its merits at that time, either. Alternately, it indicated that he didn’t particularly care if Paul Levy represented Ace of Spades, at least not to the extent of asking for leave to file a disqualification motion. Furthermore, Kimberlin tried to derive benefit from Paul Levy’s representation of Ace of Spades. At a certain point, the court has to ask itself if Ace of Spades being represented by a member of Levy’s staff rather than Levy himself is a distinction that makes enough of a difference to adjudicate?
“I see nothing in this letter that requires the court to take any action. I will not say what is wrong with it, reread it and think about it.”
I reread it and you’re right. Fail. And then more fail.
I would guess that BK – if he has not already – is going to file a bar complaint against Levy. And also likely a new lawsuit.
He doesn’t care about the rules of conflict and all that.
Because that is what he does.