The Dread Pro-Se Kimberlin is beginning to feel another effect of the incompetently drafted second amended complaint he filed in his Kimberlin v. The Universe, et al. RICO Madness. Even after all the rigamarole with Twitchy and adding new defendants, he still didn’t get his list of defendants properly identified. It turns out that he didn’t sue Ace, the blog proprietor; he has sued the blog itself.
Oops.
TDPK now wants Judge Hazel to let him go after Ace anyway in order to breach Ace’s anonymity, something Team Kimberlin (and First Mate Neal Rauhauser in particular) has been trying to do for several years. Of course, even if TDPK found out Ace’s secret identity, he’s not allowed any further amendments to his suit—the blog, not Ace himself, would still be the defendant.
Furthermore, Ace of Spades, the actual defendant, has now responded to the complaint and summons by filing a motion to dismiss through counsel. All TDPK needs to know is the lawyer’s contact information, and it’s on file on PACER.
Speaking of motions to dismiss, Kimberlin has just about a month to get his omnibus opposition to those motions filed with the court.
Tick, tock.
Stay tuned.
Reblogged this on That Mr. G Guy's Blog.
So, tell me if I got this right. Ace, the blog, will be serving discovery on Kimberlin, and Kimberlin won’t even know who it is?
Ahhhh ha ha ha ha !!11! Popcorn all over my living room floor.
Hold the phone! We have identified Ace! Who knew he was in the movies?
Again, a mess of Hazel’s own making. Unlike Grimm who helped BK out by providing a tutorial on how to serve a corporate party who had been incorrectly identified, Hazel just went ahead and made it so on Ace of Spades.
The niceties of matching up the suit and parties is really just a technicality, right? Forget the FCRP, let’s go by Hazel. ace of spades the person already responded and knows she is being sued, so that will be allowed to continue.
I have no doubt that if ace ended up losing the case that this would be grounds for an appeal and likely would win on this point. So that should disabuse people of the notion that these judges are acting in ways to be “appeal proof.”
Since BK is stirring the pot, I think the defendants should all write letters to Hazel asking for permission to file a motion requesting disposition of the forgery show cause – while arguing the case in the letter.
Neither Ace of Spades, or Ace of Spades the blog, ever “responded” personally. Alan Levy representation was explicitly limited to protecting anonymity. Clearly, the Ace of Spades Blog has no “anonymity” to protect. The blogger who blogs as “Ace” at that blog does. That was true whether, or not, he was a defendant in the case.
Not so. And ace addressed the lawsuit on his blog. Again something that Hazel would say is evidence that she knows about the case. That is how Ali is considered served. Regardless Hazel ruled ace served so now she is part of the case.
The response that says hey, ace the person is not ace the blog and really ace the blog is the one named in the SAC so this should be dismissed would require Hazel to own up to his screw up.
I am pretty confident that he will not acknowledge that he ordered incorrect service on a party not named in the suit.