The 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.