In Re Kimberlin v. Kimberlin Unmasked

Judge Titus has denied The Dread Pro-Se Kimberlin’s motion for alternate service on Lynn Thomas and Peter Malone (who he alleges to be Kimberlin Unmasked) in the Kimberlin v. Kimberlin Unmasked copyright trolling lawsuit.

This is ruling reaches the opposite conclusion from the same set of facts as Judge Hazel’s ruling in the Kimberlin v. The Universe, et al. RICO Madness, creating a split within the same courthouse.


20 thoughts on “In Re Kimberlin v. Kimberlin Unmasked

  1. Judge Titus was appointed to the bench by GWB. Judge Hazel is a recent Obama appointment. I hate to think that such matters have anything to do with it, but I’m regretfully coming around to Earl Scruggs’ point of view.

  2. Soooo, does this mean that he won’t be able to go forward because he hasn’t effected service on them?

    And I’m coming around to Earl’s POV as well. It’s a sad situation if it’s true.

  3. And the problem is there is no way to resolve this division. If Thomas answers opposing the service ruling the answer will be if you are answering you know about it, sucker.

    • And more:

      In addition, it is not clear that service by e-mail, as Kimberlin requests, is an appropriate form of alternate service “reasonably calculated to give actual notice” to the Defendants. See Md. Rule 2-121(c).

      Well now.

      So, while I think there is a Catch-22 for Thomas, I would not be surprised if BK will file a motion in opposition and it will reference Judge Hazel’s opposite decision.

      This may come to a head sooner rather than later.

    • I don’t agree. This is Federal Court. Res Judica applies here.

      I’d file a motion to reconsider based failure to apply Res Judicata to this case. The Titus decision is not concurrent. It was ruled after both parties filed briefs in that case. Judge Titus has not deemed them served, and, denied alternate service after Lynn Thomas and Peter Malone filed a brief in the case. Judge Hazel ought to follow that precedent. Among Judge Titus’ determinations are that 1) service was not proper; and 2) sending service to the e-mail box in question is not “reasonable calculated to provide notice.”

      I’d stress reconsideration is consistent with the principle of judicial economy. If the decision is not reconsidered, one possible outcome is that failing to receive any notice from either Plaintiff or the Court Lynn Thomas and Peter Malone do nothing. As a result, Brett Kimberlin files for default. If past experience is repeated, Lynn Thomas and Peter Malone file an opposition that references Judge Titus’ decision and the motion for default is denied. In the interim, Court resources will be needlessly wasted.

  4. Did anyone catch the footnote?

    “As pointed out by the Defendants, there is a very real question as to whether Kimberlin mailed the summons to them by restricted delivery. See ECF No. 19, at 3–14. Thus, there appears not to have been an effort to serve the Defendants in a manner authorized by law, and certainly nothing to indicate that they have acted to evade service. ”

    That may well leave a mark.

  5. Federal judges have a lifetime appointment, and must be confirmed by the Senate. If you must leave your own blood on the sidewalk, do whatever it takes to drag that despicable agent of Satan Harry Reid from the office that he stole.

    And remember, Al Franken “won” his election in 2008 by 312 votes. Subsequent investigation showed that at least 1,000 felons (who are prohibited from voting, and, presumably, voted overwhelmingly, if not exclusively, for Franken) voted.

    Next time a communist gets in your face about voter ID being an attempt to suppress democrat turnout, COME UNGLUED. Go 100% looney. scream and holler, rant and rave. These evil scumbags stole our democracy. Give them no rest, no quarter. I don’t care if it means violating office rules- if you are a supervisor and one of your employees smugly tells you that Obamacare passed democratically, FIRE HIM. He is a traitor, or, as a minimum, sympathizes with traitors, and deserves to LOSE HIS HOUSE.

    These scumbags have no place in polite society. They roam free, harassing Mormons in California that had the temerity to exercise their right to speak politically over Prop 8. They disrupt businesses like Chick-Fil-A and Target. They make websites that literally put targets in groups like The Family Research Council, and then say nothing when one of their psychotic fellow travelers attempts a mass murder at FRC’s headquarters.

    These swine are not your neighbors or fellow countrymen- they are traitors. They are agents of foreign ideologies that seek to destroy your nation and your culture. Treat them as such. Do not excuse their treason. Do not “politely disagree.” Make them uncomfortable. MAKE THEM AFRAID.

    Western civilization is at stake. Take it as seriously, and act with the intensity, that such a proposition certainly deserves.

    • Actually they didn’t steal our democracy; they destroyed our republic, replacing it with a democracy. They have ensured that the wolves decide who gets eaten for lunch, not realizing that now the same rules will apply if the laws get back in control.

      We have to work to make that happen and make sure the lambs are bloody well armed.

      • (Damn you, autocorrect! ) That was supposed to be “lambs” at the end of the first paragraph. I changed it back twice. Though it makes good sense the way it published too. We are become a nation of men rather than of laws, the outcome the constitution was trying to prevent.

  6. If Ace of Spades negotiates with the terrorist, I will never ever fucking ever read one more piece of his pussy-assed shit. And every time I see one of his tweets, I will reply with a reminder of what a fucking pussy he is. Hopefully he is not a lame-ass and is not going to settle. You hear me Ace?

    • I am not concerned about any of the remaining RICO defendants “settling” with TDPK. Kimberlin may choose to dismiss the case against some of them, and most would let him in order to be done with the nonsense. However, a significant number of the defendants want a ruling on the merits in their favor—whether through a motion to dismiss, summary judgment, or trial.

      But as for settling … I don’t believe any of us are willing to to give Kimberlin anything.

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