Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has another week to get his omnibus opposition to all the motions to dismiss the Kimberlin v. The Universe, et al. RICO Madness submitted to the court.OppositionCalendarI’m actually looking forward to reading it and seeing what sort of whacked out legal theories he’s going to put in his filing.

timer-blackYou know, TDPK has never yet properly served me with a complaint in the lawsuit. He handed me a copy of the original complaint himself. That’s not valid service. The version of the first amended complaint that he mailed me was not the same one he filed with the court. That’s not valid service. The version of the second amended complaint that he sent with his motion for leave to amend did not include a proper markup. That wasn’t valid service. When the court granted his motion, it ordered him to serve the second amended complaint on all the defendants. He’s never sent me a copy. I’d be willing to bet that the reason that some of the defendants haven’t filed motions to dismiss is that they have not yet been served either.

Tick, tock.

10 thoughts on “Team Kimberlin Post of the Day

  1. The next step is to have an objection to yet another extension ready simultaneous to Kimberlin’s impending request. His pattern has been to ask for a delay sufficiently in advance of the deadline to give the judge some time to consider the motion, but, sufficiently late so that if the judge considered any objections his ruling would have to be at the last possible moment. I’d guess Wednesday at the last possible moment [in hopes that it doesn’t hit Pacer until late Thursday.]. I’d have someone stationed at the clerk’s window that afternoon.

  2. As amusing as this is, is it really wise to publicize this fact? For one, it gives him a chance to correct his errors. For another, it can be used to argue that while you weren’t technically properly served, you were aware of the matter and an innocent technical mistake by a poor, ignorant pro se litigant shouldn’t thwart True Justice…

    • Of course, it’s always good to win on a motion to dismiss. In many ways, I wish we’d won the state case that way. OTOH, winning with a directed verdict resulted in a more ignominious defeat for Kimberlin.

      If I win the RICO Madness with on the motion to dismiss that will be a good outcome. If I don’t, I suspect that I will win a summary judgment after TDPK has to go through an extensive discovery process. (Remember, there are some pretty good lawyers representing defendants.) If I don’t win there, I’ll have the pleasure of again watching Kimberlin beclown himself in open court.

      Buy popcorn futures.

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