The Dread Pro-Se Kimberlin has never let facts get in the way of the allegations in his various vexatious lawsuits. This is from the second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.
TDPK wants the court to believe that on 25 May, 2012, that Glenn Beck published an article about Aaron Walker being SWATted.
Uh, huh.
Take a look at the date on the police report relating to the Walker SWATting. (You can view the entire report here.)
The report is dated 25 June, 2012. That’s the day that the gag order portion of the peace order TDPK had won against Aaron Walker was ruled unconstitutional and set aside. (The peace order itself was thrown out a couple of weeks later.) 25 May was the date of the Everyone Blog About Brett Kimberlin Day blogburst. While many blogs, including Hogewash!, wrote about TDPK on that day, none of them wrote about a SWATting that wasn’t going to occur for another month.
One or two typos or minor errors might occur in an 82-page document. (That’s the length of TDPK second amended complaint. Court rules limit such filings to 50 pages.) However, given the pervasiveness of the falsehoods in all his court papers, the Gentle Reader should not be surprised to learn that it’s my opinion that those errors are not mistakes. I believe they are lies.
Meanwhile, the clock is ticking/tocking away, and pages are being turned on the calendar. Brett Kimberlin’s omnibus response to the (eleven, so far) motions to dismiss his vexatious RICO Madness is due on 8 December. Perhaps The Dread Pro-Se Pirate Kimberlin should be careful when he hears that tick/tock sound.
Stay tuned.
Reblogged this on That Mr. G Guy's Blog.
Reblogged this on A Conservative Christian Man.
For this to really matter you have to start getting to trial. The court presumes the accusations are true up to this point. Which is kind of educational – a person can sue you for something that could not possibly have happened and yet you get stuck responding to it.
As I often say: purposeful lying is purposeful.
I note that the good guys are busy trying to tell the judge that the plaintiff is not abiding by the rules of the court, and the judge is saying well I don’t care – again, as I often say, :Forget FCRP. Let’s go by Hazel.”
So it would seem that it is a waste of time to remind the judge that there are rules that are supposed to be followed, and that BK is not following them. I don’t think it would even be useful to remind Hazel that he doesn’t go by Hazel. He goes by Hazel whatever day it is today.
Like Royal Fizzbin.
So I think the defendants should go by Hoge, Walker, Ali, McCain, Twitchy….
Just start filing complaints and motions for stuff that “isn’t fair.” Not whether it is by the rules – the Judge has made clear that he isn’t much for rules. To me, that opens the door.
So everyone should send a letter requesting a disposition on the forgery. Request that the sanction be dismissal with prejudice. Every single defendant should send it and say hey, this is unfair that we have to wait so long, and if you dismissed it on this then we could all save time.
And then send a bunch of letters on other stuff. Ask that the response be moved to November 12 (to pick a day) instead of December 8. Ask that you get longer to file your responses. Ask for verified pleadings from the plaintiff on everything. Anything else you might think you would like, just ask. Doesn’t matter if the FCRP or even the management order forbids it – just start arguing the case in letters. And make sure when you do this, reference the plaintiff doing whatever you are doing, and start off with “as this court accepts such and such” and go with it.
At the least it might make the judge throw his hands in the air and say “Now you have to follow some sort of rukles. This is crazy.”
I agree with you Earl.
As for the “hundred lawsuits” claim the number comes from an email to Patterico/Frey and written by Kimberlin. I think you can state as an opinion that many/all are frivolous based upon the cases you know about. (But did anyone actually claim he filed “100 frivolous lawsuits.”) One case involved getting an electric guitar into prison.
Funny that Kimberlin has since claimed that the 100 lawsuit claim is a libel/slander/whatever against him. He put that number out there.
The original “hundreds of lawsuits” claim was made to Mark Singer and is documented in Citizen K. See page 185.
Lawfare works! James O’Keefe has removed the “scary dude” and “swatting” as regards BK from his book Breakthrough.
Look how much speech has been squelched. American Spectator removed articles. BK is a banned topic on Ace of Spades. Patterico is still reporting, but it is very circumscribed, only reporting court actions. Nothing was posted for nearly a year about it. Even RSM is maintaining a near radio silence on the topic – though perhaps the fields of lesbianism are more fertile. So to speak. Ali? Even AW?
The lawfare has pretty much worn down the opposition, based on absolutely nothing, as well documented here. Mr. Hoge maintains a lonely vigil.
I prefer to think of the present situation as the RICO suit acting like a giant water dam, Hoover dam sized. And once the ruling is made to strike down the suit there will be a tsunami sized Streisand affect unleashed upon the DPBK.
Still waters run deep.
I disagree. Because even if it is struck down, people will see that there is a cost to telling the truth.
I doubt that Ace will, for example, make it an allowable topic, even if the case were dismissed with prejudice today.
.
Heh. Earl, I’ll be unbanned from Daily Kos and welcomed with open arms at Patterico before that happens at AoSHQ …
I have followed this case for the past few months and have an idea of the background, please feel free to correct me if my information is not accurate, no offense will be taken.
Looking in as in outsider it appears; this man, Brett K, is a convicted felon and did some bad things, actually horrible things in his past then somehow managed to get out on parole (?)
A lawyer and blogger (Worthing) represented someone who was in litigation with Brett already and Worthing became Brett’s next prey. Eventually another blogger orchestrated “Blog About Brett Kimberly Day” in between the madness, a district attorney along with Kimberlin and other victim were victims of sick game of SWATTING. You all refuse to back down and discuss the case?
Since then, thousands of dollars (and counting) is spent in court because Brett does not like the things you all say about him which just happens to be the truth.
I have to ask you all, is it worth it? I was a defendant in a case that turned into cases sought by a vexatious litigant and I can tell you, that bastard drained me; emotionally, physically and financially. He accused me of being a racist for evicting him, I evicted him because he did not pay rent, not because of skin color.
Is there a way you all can agree to a mutual agreement to leave each other alone? Don’t mistake my comment for me suggesting you give up and throw in the towel, it appears he just does not want you all mentioning his name. Is he asking for “damages”?
I feel for you all, like I said, been there although a different situation. The SOB I was pro se, he messed up motions and broke every rule in the court of law, but I still had to pay my attorney regardless and the judge excused it and would “warned” him. . It sucked.
Whatever you decide to do, I support, I just hope this can be resolved, I know the stress that comes with a case like this.
Is is worth it? Oh, yes!
Aside from the fact that he’s suing for a couple of million bucks in damages, the First Amendment is worth defending.
Amen John! Some things have a value greater than mere money.
Sir, I am so sorry, I had no idea he was suing for money, I thought he just “wanted left alone”
WitchyWitch, I believe Brett’s strategy is to employ every dirty underhanded tactic available until his victims simply give up on justice. Many of his victims from the 70s, 80s, 90s, and 00s have walked away weary and letting Brett win, so he feels he just needs to have more perserverence than his victims.
Brett has a nearly continuous record of serial victimization his entire adult life, so giving in to this tactic only means there will be more victims. And “not mentioning his name” amounts to whitewashing his lifelong unrepentant criminality which clearly helps him commit more misdeeds, so it’s no acceptable outcome.
I believe Brett can be stopped if a big enough coalition of people come together to defray the burden imposed upon people like our host. I hope you’ll consider doing so.
I am sorry your experience with a vexatious litigant was not “worth it.” Justice in the real world is an imperfect thing because the real world, and the men who inhabit it, are all imperfect. Even when any justice is possible – and it sometimes isn’t – the outcomes are imperfect and require the labor and sacrifice of those who care. In the case of Brett Kimberlin, let’s draw the line and say we’ll do what it takes, within the bounds of justice, to stop him, and also to vindicate all the victims, present and past, including those who gave up years ago.
Hello BK Watch,
Thank you for your reply.
As I said to Mr. Hoge, I had no idea he was suing for millions. I was under the impression he just wanted “left alone”, I was also under the impression the deal was, “stop blogging and or talking about me and I will stop suing you” I knew something seemed off.
I am sure two years later no one would be speaking of Brett if he just dropped this.
As I said in my original comment, I did not know the whole case, just the basics – obviously I don’t even know the basics of the case as I thought. A friend of mine posts updates on Facebook and had showed me a few blog posts of “other mccain” and pointed me here to the motions.
What concerns me is; Mr. Patterico is a assistant D.A. and the lack of urgency for law enforcement solve the Swat crimes is troubling, if a D.A. can’t get help, who can? I get so frustrated when I hear people say we have the best system – I beg to differ on the matter.
And as far as my case, he sued for the whole 3 months of rent he actually paid despite living there for nearly a year rent free. Accused of me “harassing” him. Reading about this case is like deja vu [sic] all over again. So many similarities , Pro se, false claims, no sanctions, no consequences.
This man made my life hell. He made false allegations about me, harassed me at my work, it was a nightmare and still is in a sense.
I did not allow pets, he had a dog, the list went on. I did give in and just give it to him because he threatened to make my left hell, his exact phrase was, “I am just getting started”. I had the NAACP breathing down my back, calling me racist, I lived 50 miles away, the aprtmetn manager quit in the mist of things, it was bad. With the judge not dropping the case – my attorney suggested I pay him off because it would cost me more in fees. It took a toll on my health and most importantly; my sanity. I was able to sell the property and learned valuable life lessons. Would I do things differently today? Absolutely. I don’t want to bore anyone any further because this is about me. I just want to make it clear I understand what Mr Hoge is going through.
My apologies for my ignorance — keep fighting Mr. Hoge.
Correction,
“threatened to make my life hell” not, “threatened to make my life left”
Sorry, I did not proofread my comment before sending. I apologize for the grammar errors.