There seems to be a certain confusion among some of the Gentle Readers about what has to be proved or disproved at the present stage of the Kimberlin v. The Universe, et al. RICO Madness. Ron Coleman sums up what should be under consideration in this paragraph from the motion to dismiss he submitted on behalf of Ace of Spdes.
As set out in the prior submissions of defendants, on a motion to dismiss under Rule 12(b)(6) for failure to state a claim, the Court should treat as true only the “well-pleaded” facts in a complaint, while giving little or no weight to conclusory allegations as well as attenuated factual inferences or deductions of fact. “Factual allegations must be enough to raise a right to relief above the speculative level . . . .” Bell Atlantic Corporation v. Twombly, 550 U.S. 554, 555 (2007); see, Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). And, of course, the Court should not “accept as true a legal conclusion couched as a factual allegation.” Papasan v. Allain, 478 U.S. 265, 286 (1986). Specific facts which, taken as a whole, amount to legal claims cannot be replaced with mere “labels and conclusions, and a formulaic recitation of the elements of a cause of action” under Rule 12(b)(6). Bell Atlantic Corporation v. Twombly, 550 U.S. 554, 555 (2007). The SAC is extremely verbose; when trimmed of rhetoric, adjectives and conclusory language, however, it contains very little factual information – not nearly enough to support the claims[.]
Under the Twombly and Iqbal decisions, the federal standards are much stricter than the Maryland standards that allowed The Dread Pro-Se Kimberlin’s Kimberlin v. Walker, et al. nuisance lawsuit to proceed to the discovery and summary judgment stages. It now seems unlikely that TDPK will have enough good sense to try to dismiss the suit on his own. That being the case, he will be very lucky if Judge Hazel does dismiss the case. Otherwise, we will proceed to discovery, and none of the defendants are inclined to let him get away with the kind of nonsense he attempted in the state suit.
Discovery will be a bitch.