One of the problems that The Dread Pro-Se Kimberlin should be considering in the drafting of his omnibus opposition to the stack of motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness is Federal Rule of Civil Procedure 11(b)(3) which requires that
the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery …
For example, consider this from paragraph 249 of his second amended complaint.
There is not only no evidence to support that contention, the evidence refutes it. With only one exception, I have never been in the same place as Brett Kimberlin other than in a courthouse (or its near environs such surrounding sidewalks or parking lots) for an open hearing where I was either a party or covering the open hearing for this blog. Obviously, when I was a party at a hearing, I had every right to be present. Similarly—as the judge told TDPK when he tried to have me thrown out of a courtroom during a hearing—members of the public have the right to attend open court hearings, and I have a First Amendment right to cover open hearings as a blogger. There’s no stalking there.
The exception occurred at the Carroll County Senior Center on 27 January, 2014, during the mediation session between Bill Schmalfeldt and me concerning the disposition of peace order violation charges against Schmalfeldt. Kimberlin was in the building. He had driven Schmalfeldt to the meeting. Of course, he had the right to give Schmalfeldt a ride, but the meeting was not open. He had no right to be hanging around the Senior Center during the meeting.
TDPK has provided transportation for Schmalfeldt for hearings in District Court in Howard County and District and Circuit Courts in Carroll County. He attended those hearings. He also attended a Hoge v. Schmalfeldt hearing in U. S. District Court in Baltimore. If the theory of hearing attendance that he wishes to apply to me is valid, then he has been stalking me. Fortunately for TDPK, that bit advice he’s had from Acme is wrong.
On the one hand, I suspect it will be somewhat exasperating to have to deal with yet another bogus court filing from TDPK. On the other, I do have a certain curiosity to see what sort of nonsense he throws out. He has until close of business next Monday to get his opposition to the court.