Team Kimberlin Post of the Day

timer-blackThe Dread Pro-Se Kimberlin’s last chance to save his tottering Kimberlin v. The Universe, et al. RICO Madness is coming up soon. His omnibus response to all of the motions to dismiss his second amended complaint is due at close of business three weeks from today. The timer is ticking down.

All of our motions assert that TDPK has not offered the court a coherent statement of fact that properly states a claim for which relief can be granted. On that basis, we have asked the  court to dismiss the case under Federal Rule of Civil Procedure 12(b)(6). TDPK has to show the court that facts as alleged in his second amended complaint—not any additional facts—are sufficient grounds for the suit.

Actually, he doesn’t get to use everything he’s alleged in the complaint. A large part of his state claims have been taken off the table by collateral estoppel and res judicata. TDPK’s loss in the state Kimberlin v. Walker, et al. nuisance suit prevents him from using everything he raised or might have raised (but neglected) in that related case.

There are also other ground for dismissal raised by various defendants. For instance, I have raised the Maryland Anti-SLAPP law. I have also raised the possibility of dismissal under Rule 41(b) because of Kimberlin’s misconduct in the case, i.e., his admittied forging of a summons and admitted spoliation of evidence. Failure to address such issues leaves our allegations unchallenged as part of the record.

Several defendants, including me, are seeking to have TDPK declared a vexatious litigant. If our motions are fully granted and that declaration is granted, that may be the end of Kimberlin’s career in lawfare. He has a lot riding on these motions.

Tick, tock.

20 thoughts on “Team Kimberlin Post of the Day

  1. While nothing is certain in the courts, I’d put $5 on a bet that the codefendants will prevail.

    What’s more interesting in the long term is your other request. I had forgotten about that part. Wonder what his schemes are should that happen…

  2. Oh, by the way, did he ever file that appeal in the state case that he lost? You know, the one he said he was going to appeal forever.

  3. Likely he will argue that collateral estoppel does not apply because different facts and different defendants. Sure, some are the same, but he didn’t go after RICO and the Klan in the state. And he did not plead with specificity in either case, so he will use his purposeful ambiguity to say that they are different cases. Hazel seems likely to go for that argument.

    The forgery is perfectly acceptable in the Federal court in Maryland. So that won’t be grounds for dismissal. (But it should make for interesting court cases in the future.).

    As long as lies must, for the sake of argument, be considered true, the liar is at advantage. Purposeful lying is purposeful.

    Once it gets to trial – probably another year down the road – and facts have to be proven and all that, the pendulum will swing.

    • And, just like that, for the first time in most of a year, I have a new twitter avatar idea. I’m not sure my current throwaway one even counts as an idea.

  4. When Kimberlin looses again can you get a judgement against him for legal costs? I don’t think there’s a chance you could actually collect as I understand he has never paid Mrs. Delong. Someone who says there will be “endless lawsuits for the rest of their lives” should be stopped.

    Mark Steyn says that “the process is the punishment”. I admire that you’ve decided to go through the process. It makes me wonder just what happened to the right to a speedy trial.

    • Asking for fees is kind of pro forma. Doesn’t happen a lot, though, as we are not a loser pays country. This calculation is behind the successful lawfare strategy.

      I am sure that asking for fees from Kimberlin is not a new idea. He has a long trail of victims of his lawfare. Either there isn’t a judgment, or if he does have something ruled against him, he refuses to pay.

      Which the system is surprisingly comfortable with.

  5. I sincerely hope BK loses, then goes crazy and sets off a bomb at Hoggy’s styrofoam door. The tick tock then boom will be followed by a rejoicing Connie screaming, “I’m finally free! Now to rid myself of that obese layabout!”

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