The Dread Pro-Se Kimberlin has had a bit of a mixed week. One judge granted his motions for alternate service of process while another denied a similar motion in another case that relied on the same set of facts. Lynn Thomas, one of the two persons that TDPK claims to be Kimberlin Unmasked, is a subject of both motions. She may now be served by email in the Kimberlin v. The Universe, et al. RICO Madness but not in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit. As I noted yesterday, that creates a split between judges sitting in the same courthouse.
TDPK also received an additional 54-day delay in the due date of his omnibus opposition to the motions to dismiss in the RICO Madness. Consequently, our defendants’ replies to his opposition are now due on 8 January, 2015, a 52-day delay.
Here’s the net of all that as I see it.
TDPK can now serve three of the remaining unserved defendants in the RICO Madness by email. Given his record to date, there is a significant possibility that he will screw up that service.
The delay in dealing with motions to dismiss in the RICO Madness will result in 7+ weeks of additional Team Kimberlin Posts of the Day discussing that case and related issues. Hello, Streisand Effect!
The 120-day period for service of process in the copyright trolling lawsuit timed out back in July. I would not be surprised if Judge Titus sua sponte dismissed the suit for non-prosecution.
Brett Kimberlin keeps saying that various defendants want to settle the RICO suit. I suppose that’s true in a certain sense. Some of us might be willing to settle if he offered a sufficiently large payment for their troubles and dismissed the suit with prejudice. And that’s probably the best case scenario for him at this point if the judge doesn’t grant our motions to dismiss. Otherwise, we go on to discovery and depositions.
As some day it may happen that a witness must be found,
I’ve got a little list, I’ve got a little list …
(Apologies to W. S. Gilbert)