In Re RICO Madness

The Dread Pro-Se Kimberlin has been granted an extension of time to file his omnibus opposition to the Defendants’ motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness. His paperwork is now due on 8 December. Our replies are now due next year on 8 January.ECF 211UPDATE—TDPK’s motion for alternate service on Ali Akbar, the National Bloggers Club, and Lynn Thomas was also granted.

31 thoughts on “In Re RICO Madness

  1. So it looks like the court is continuing to refuse to hold Kimberlin actually accountable for his numerous frauds on the court, his forging of documents and his general abuse of the legal process. Tell me again why do we trust the judicial system any longer?

  2. And color me extremely surprised. Judge Hazel is an Obama appointee, hence very likely somebody who has benefited from Kimberlin and companies political shenanigans. The odds of actually getting a fair and impartial hearing before this judge are approximately zero.

  3. WTF? the Court finds that Plaintiff has sufficiently demonstrated his good faith efforts to serve Defendants Ali Akbar, National Bloggers Club, and Lynn Thomas, pursuant to Md. Rule 2-121(a) and that service under Md. Rule 2-121(b) is either inapplicable or impracticable.v

    He FORGED documents related to these services. How on God’s green earth is that a “good faith” effort?

    • With all due respect to His Honor—convicted bomber, drug trafficker, forger, and perjurer Brett Kimberlin has not demonstrated a scintilla of good faith at any point during the vexatious, meretricious (and now multi-year) pursuit of his shutuppery-by-lawfare campaign.

  4. I see most people are upset over this already, so maybe this won’t sound as far-fetched as I’m afraid, but…

    OK, Kimberlin’s response was due today. He doesn’t have it ready (presumably, since it hasn’t been filed.) BUT, on the same day his response was due, the judge enters an order giving him an extension of time – granted he’d requested that time, but hadn’t gotten an answer. This looks, to me, like some form of collusion – that TDPK had some advance notice how this would turn out. Is this an irrational assumption? Is there some way to follow this up?

    Very annoying all around, and Hoge have my sympathies on this.

    • not really an irrational assumption but remember who we are talking about.
      there is every indication that even if BK hadn’t been granted an extention he’d have just asked for another one, and/or filed late anyway.
      its not like he’s faced any serious repercussions from not following the judges/court instructions so far.

      btw, did he ever pony up that 600 or has the court just forgotten about it?

  5. I’ve said it before and I’ll say it again, in a more expanded fashion. Judge Hazel should recuse himself. If he will not, the defendants must file a request to have him removed from the case.
    Filing a federal suit against Judge Hazel with a restraining order may be the next step.

    • One point I would hammer upon is the fact that Judge Hazel has repeatedly ignored the rules of procedure in ways that nominally are intended to reduce the cost and complexity of the Court hearing the case in ways that have uniformly increased the cost and complexity of the defendants answering the suit, while uniformly decreasing the cost and complexity of Brett Kimberlin prosecuting his case. For instance, the judge asked Kimberlin for a unified reply of fifty pages, but, still required twenty defendants to file twenty five pages each.

      Another point I would hammer upon is the fact that the court has consistently ignored fraud, forgeries, perjuries, and willful violations of the rules. This has created a perniciously hostile environment for the defendants who have been placed in a situation in which face actual damages to their cases, reputations, livelihoods, and freedom if any of those criminal acts are believed in what have become, essentially, free shots. This is antithetical to the premise of fair adjudication before a neutral arbiter. Imagine a baseball game where the umpire will only call strikes, sometimes even if the ball is clearly outside the plate, but refuses to call any outside pitches as ball, granting do overs instead.

  6. I have to say that I was surprised by the first extension of time, so this one comes as a shock. That said, some judges in my experience will go to great lengths in trying to make the ultimate holding in a case, especially when a pro per litigant is involved on the losing end, appeal-proof.

    I don’t agree that a denial of the extension would have been the proper way for the court to “punish” BK for his transgressions in connection with service. That fish remains to be fried, which will happen when the issue is squarely before the court. I also do not agree with any speculation that the court is somehow “in bed” with Kimberlin as regards its orders today. Watching pre-trial decisions that left me scratching my head being made over the course of cases in 25 years of practicing law taught me if nothing else that it’s never over until the fat lady sings. Many litigants arrive at the day of judgment having won a bunch of motion practice battles along the way only to lose the war decisively at the end of trial. Take heart, and don’t cheapen the good guys’ case by engaging in paranoid thinking.

    • motions have nothing to do with the trial and its ALWAYS a hugely poor strategy to dodge service – Judges freakin hate that, as vexatious as Kimberlin is, its a greater disservice to deny or delay everyone’s day in court – the suit is on – its been on for months, time for people to realize that and start donating to the defense fund.

      • There is a significant difference between “dodge service” and insisting that service be done in accordance with the courts own rules for doing so.

      • playing games with the service gave Kimberlin a huge advantage, and makes you look guilty in the eyes of the court and the jury

        ONE of the most stupid things you can do to lose a case

      • 1) Given how frivolous Brett Kimberlin’s suit is, “dodging service” sufficiently long was a rational strategy. The entire suit ought to have collapsed when the first MTD was litigated. The fact that there was no there there ought to have resulted in the Judge dismissing all the defendants. Those that were not served would have prosecuted their cases at no cost or complexity. That simply is not a sinister calculation. Instead, the Judge decided to delay justice for those that filed early.

        2) There is reasonable doubt that Lynn Thomas or Peter Malone ever “dodged service.” The pipsqueak wannabe lawyer addressed his packages in such illegible chicken scratch that, based on the timestamps of the tracking notations, they were never taken by a letter carrier to the door of Peter Malone’s home. There is no basis to believe that the pair were even aware that such letters were being held at the post office awaiting to be claimed. Nor, do I have any reason to believe that Lynn Thomas resides at her father’s home.

        Nor, was the first letter addressed to Peter Malone. It was addressed to “Kimberlin Unmasked.” As of today, the only evidence I have read about the identity of “Kimberlin Unmasked” is that someone who had access one time to Peter Malone’s computer registered the site. That’s it. We don’t know if that person was Kimberlin Unmasked, the website designer [few octogenarians design websites], or a person who allowed a third party the anonymity of using his gmail account. If Peter Malone is not “KImberlin Unmasked” it is not “dodging service” for him to not accept a letter that was not addressed to him. In that case, the only person “playing games with service” was Brett Kimberlin when attempted to place Peter Malone in the box of either falsely accepting service as “Kimberlin Unmasked” or risking being held in default.

        3) Ali is a resident of Texas. Having obtained a traffic ticket to Ali that clearly showed that Ali possessed a Texas Drivers License, rather than go through the bother of attempting to serve Ali at his address in Texas, Brett Kimberlin decided to insist Ali was a resident of Virginia. He had to two days to serve him at trial in Maryland but failed to serve him. Again, Ali is under no obligation to surrender his Texas residency to satisfy Brett Kimberlin.

  7. Would anyone expect me to be surprised? Like I said, if both a defendant and the plaintiff were asking, it was pretty much assured.

    And not wanting to feed Acme Law, but this is a break with defendants – by requesting this delay, Ace, who is apparently seeking to settle, if we read Godfrey correctly, threw everyone else under the bus so that she would have more time to work out a deal more favorable to herself.

    Lawfare works, what can I say?

    As to collusion between the judge and the plaintiff, I think likely not. I have said often enough that I doubt that the judge is in some secret IRC channel with NR and BK laying out plans. That is not necessary, fellow travellers travel together.

    To D. Edgren, you write regarding BK’s diddling with service, “That fish remains to be fried, which will happen when the issue is squarely before the court.” Well, that issue was already squarely before the court. There was a show cause hearing and BK admitted in writing that he had forged documents on behalf of the court. That occurred over five months ago. The consequences for BK? Not. One. Thing. And given that the judge has set dates for this trial into next year, you can expect that to continue to be the case. The court will not rule on BK’s impersonation of a Federal Court.

    And then as to granting the alternate service, here is where Hazel is really making new law. This will be a precedent that has profound consequences. First, if you email someone service and you think it is their email address, then that person is served. I am thinking there is going to be a run on this scam in the future – people are going to sue people and win default judgments based on this. Second, this will chill the speech of people who are the targets of these lawsuits. For if they write about it they then admit they know about it, so they will be served. This will relieve plaintiffs of the need to follow FCRP. And not just pro se plaintiffs.

    Combined with the allowance of forged materials for service, I foresee a day when the courts wish this case hadn’t happened. And there will certainly be people and companies who will wish that it hadn’t.

    • Somehow I can’t imagine Judge Hazel being as forgiving if he were the defendant in a case where alternative service by a bad email address was being allowed.

  8. After plaintiff’s motion, defendants should request an extension to reply. Their reply falls over the holidays, for Pete’s sake.

    • Sounds reasonable to me. If the judge won’t grant it, it might help if, God forbid, an appeal is needed.

  9. Look there is a great chance the case would/will be thrown out – if not there is going to be a win on the merits easily – running away, people settling early just added nothing to the whole thing.

    There is no case, never was, never will be and the fight is on and can’t be avoided – its part of the process and avoidance prejudices the court – and increases costs all around.

    He’s an unrepentant career violent felon, and he is going to have another disappointing week in court, and some idiot either Eugene or some other soon to be forever irrelevant is going to permanently stain themselves by writing about him and forgetting the background the heinous acts and calling him some activist.

    I marvel at the thought that its okay for the left to pass stories daily about Rove and gay trysts about all sorts of unconfirmed and totally false slander but write about a career felons legal problems and you get sued

    But such as it is – its on, and onward to victory.

  10. “Justice” in The People’s Republic of Maryland is a very subjective construct.

    The judges of the former Soviet Union would be impressed…

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