While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexatious federal lawsuit by reposting some of the highlights of the past year’s coverage. TDPK has been screwing up service of court papers since the very start of the lawsuit. He began by personally handing me a copy of the complaint. That was invalid service because parties can’t serve each other.
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Team Kimberlin Post of the Day
Originally Posted on 28 February, 2014
Verbosely vexatious litigant would be an excellent description of The Dread Pro-Se Kimberlin. Last Friday, Judge Grimm had had enough and ordered a ceasefire in the dueling motions and oppositions and replies being filed in the Kimberlin v. The Universe, et al. RICO Madness.
On Wednesday, TDPK filed a couple of motions dealing with a subject other that one of the subjects in the judge’s letter order. One relates to a protective order filed by Ace of Spades, and the other seeks to have Paul Alan Levy disqualified from representing Ace in the case. The motions were filed without first seeking the court’s permission as the letter order requires.
I received my copy of the motions in the mail yesterday. Here’s the Certificate of Service for the motion to disqualify Paul Alan Levy. Brett Kimberlin certifies that he served a copy on me on 21 February.
It appears that TDPK has filed a false certificate of service with the motion.
Falsus in unum falsus in omibus.
UPDATE—Aaron Walker discusses the contents of the envelope here.
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TDPK did eventually succeed in having Paul Alan Levy depart as Ace’s counsel. Ace is now represented by a new lawyer and has asked for additional time to file his motion to dismiss. If the judge grants the extra time, the case will stretch out even further.
UPDATE—Commenter Nil inultum remanebit has provided links (below) to a couple of letters filed with the court yesterday. I will be filing a related letter this morning. As a courtesy to the other parties in the case, I will not comment until my letter is posted on PACER.
Judex ergo cum sedebit,
Quidquid latet apparebit …