Yesterday, The Dread Pro-Se Kimberlin received an additional 54-day extension of time to prepare his omnibus opposition to the motions to dismiss filed against his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. That puts the due date for the Defendants’ replies to his opposition off until next January.
I am not amused by the delay.
TDPK hasn’t got a case—both the facts and the law are against him. He can, however, continue to inflict inconvenience and expense on the victims of his lawfare. To the extent that he does so, he may think he is “winning.” He isn’t. He’s really continuing to dig a deeper hole for himself.
The RICO case seems to be following the same general pattern as the earlier Kimberlin v. Walker, et al. nuisance lawsuit. TDPK is having some of his early motions granted. His case against a few of the Defendants may even survive motions to dismiss—if he’s unlucky.
At that point, discovery begins, and I doubt that he will be allowed to play the same discovery games he tried in the state suit. Failure of a plaintiff to provide discovery is grounds for sanctions. Several of the limitations on TDPK’s case in the state case resulted from his discovery shenanigans.
Each defendant gets to submit 30 interrogatories, 30 requests for admissions, and 30 requests for production of documents. TDPK can rest assured that I will use the additional time resulting from this new delay to refine my list of information to be sought in discovery and the list of witnesses to be deposed.