Team Kimberlin Post of the Day

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.LetterOrder20140221extract

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.ECF 93 Cert of Service

Here is the envelope that contained the motions TDPK sent to me.Envelope_20140226Zooming in on the postmark shows that the envelope was mailed on 26 February.Postmark20140226

That date is confirmed by the USPS tracking information.Tracking 20140216

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 …

7 thoughts on “Team Kimberlin Post of the Day


  1. 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.

    Not only did AoS ask for additional time… TDPK asked for additional time to respond to Ace’s response. Michelle Malkin and Twitchy are already on the record in opposition to any more time for the diddling pipsqueak.


    • Judge Hazel has both set a deadline for Brett Kimberlin filing his omnibus response, and, affirmed that Kimberlin has 120 days to serve any of the unserved defendants. Surely, in that context, he meant the omnibus reply would be to all MTD that were filed up to that time. Otherwise, he would have dated the motion, “Fifteen days after the last MTD is filed,” or such.


      • Here’s the straight dope from ECF 204:

        The purpose of this joint request is to accommodate the potential of settlement offers and responses regarding certain Defendants, and to make allowance for the practicalities of the Jewish religious calendar for Defendants’ counsel. We would ask for the Court to extend Nagy and Frey’s Answer deadline to Friday, October 24, 2014, and Mr. Kimberlin’s omnibus response deadline to Friday, November 14, 2014.


  2. Interestingly enough, Godfrey avers that Ace is his client but no appearance on Ace’s behalf has been entered on the docket yet.

    Also, in ECF 205, Attorney Smith (for Malkin and Twitchy) absolutely blasts TDPK’s continued dilatory tactics.


  3. Seems likely that the extension will be granted with several defendants and plaintiff asking.

    The judge should extend it for just the defendants that asked but he will give BK more time.

    Smith should have asked about the forgery show cause. Because this objection is kind of pro forma and won’t get any serious consideration so he should use it to remind the judge of the outrage.


  4. WMS-DB
    ‏@WmsDb Some of us are more comfortable lying to judges than others. I would lie awake at night.

    I agree, yes you do lie while you’re awake

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