In Re RICO Madness

The Dread Pro-Se Kimberlin filed several bits of nonsense in his Kimberlin v. The Universe, et al. RICO Madness. Here is his opposition to Lee Stranahan’s motion to dismiss.

I’ll be posting several more of TDPK’s filing later this evening.

UPDATE—Here are three more from TDPK.

The first relates to Mandy Nagy’s incapacity to defend herself.

The second is an attempt to get a default judgment against Stacy McCain.

The third is an attempt to hold Lynn Thomas responsible for the current Kimberlin Unmasked website and Twitter account.

I may have comments to make on these, but not until I have read and thoroughly digested them.

50 thoughts on “In Re RICO Madness

  1. “Clearly…”

    I do not think that word means what you think it does.

    On a procedural note, a motion to strike portions of this pleading is highly appropriate. BK is using an response to a one paragraph motion to dismiss (Stranahan’s) to bootstrap pages and pages of further response to the remaining motions. I’m sure he is implicitly arguing that Stranahan opened the door by basing his motion on the other Defendants’ motions to dismiss by reference, but Kimberlin does not even try to make his response specific to things he has (perhaps) alleged in the 2AC that Stranahan has done. It is a classic “second bite of the apple,” and he isn’t entitled to one.

    • Nor, could it be said that had Brett Kimberlin left unanswered Lee Stranahan’s incorporation of Dan Backer’s attorney’s argument that Backer is entitled to attorney immunity that he faced any reasonable fear of losing his case. No judge was going to grant Lee Stranahan attorney immunity since he isn’t an attorney. Brett Kimberlin was well aware of that fact. Yet again, Brett Kimberlin has argued in bad faith.

  2. His exhibit G in the first motion does not pertain to the matter before the court based on the FAC and the SAC.

  3. Oh, and sorry about the double post (and the grammatical error- “an response”- in the first one). but I have to say after reading BK’s letter to the court re Mandy Nagy that it is too bad being taken out and shot for being an -sshole isn’t among the remedies the court could order in this case. I’m not pro-abortion by any means, but I would have certainly made an exception in the case of Kimberlin’s parents.

    • The domestic terrorist Brett Kimberlin is one cruel, sadistic, and soulless son-of-a-bitch.

      To attempt to drag Mandy Nagy’s Mother — who also serves as Mandy’s long-term caretaker following such a horrific stroke — is nothing short of the behavior of a sociopathic demon.

      May he burn.

      • Heh. I win, I win! Both of my comments got down twinkles! That means I’m batting a thousand! I guess the heat may be rising and I’m hitting closer to home.
        Let’s all pray for the conversion of Brett Kimberlin and his rectal mouthpiece Bill Schmalfeldt.
        I’ve spent many an hour praying for them and for the grace of God to remain on the path of redemption and not follow in their disbelief in true redemption.
        May God open their eyes and stretch out His hand toofer then His gift of salvation. Acceptance will be the hardest work they will ever encounter in their lives, requiring strength beyond that of mortal men, but an easy task with the power of grace as imparted by the indwelling of the Holy Spirit.
        Do IT … Take the Real Cure for Real Men. Accept the Cross and carry it with God’s help and grace.

  4. Of the three letters only the third one is proper and needs to be acted on by the court, the first two should be returned as improper.

  5. Did the person who pierced the corporate veil of the non-profit by paying for postage with a corporation check; just compound the error by using a corporation email address on the motions rather than a personal one?

    • Can you be sued for imputing? Really? Legal Dictionary says “In the legal sense, the term imputed is used to describe an action, fact, or quality, the knowledge of which is charged to an individual based upon the actions of another for whom the individual is responsible rather than on the individual’s own acts or omissions. For example, in the law of agency, the actions of an agent performed during the course of employment will be attributed to the agent’s principal. The doctrine of imputed Negligence makes one person legally responsible for the negligent conduct of another.”

      Does he mean “imply?”

  6. Is the court aware that the “reporter” the sawed-off, domestic terrorist Brett Kimberlin continues to refer to is none other than the Deranged Cyberstalker, Adjudicated (and, admitted) Harasser, Adjudicated Stalker, and all-around Demented Freak Bill Schmalfeldt (who is in no way, shape, or form a reporter)?

  7. So much nonsense… Can’t wait to see the sanctions levied for the forbidden extra response to the replies of Team Free Speech. And if the judge was wavering at all about letting the case proceed, that deliberate, willful, unmistakable violation of the case management order should be more than enough to tip the scales of justice in favor of Team Free Speech.

    I know it’s a hassle, and I wouldn’t wish any contact with the tiny terrorist on anyone [shudder at the evil radiating from petite pedo* apparent even through paper and the internet] but I almost want to say “Yay!” and “Thanks for the favor, idiot!”

    *The judge recently found not a “scintilla” of evidence Brett Kimberlin, of Justice Through Music Project (JTMP) and Velvet Revolution U.S. (VRUS) is not a pedophile.

    Even the most irresponsible parent wouldn’t likely let their child have any contact with him after getting a look at Brett Kimberlin’s Wiki page, and following the source links. But he laughably claims local parents won’t let their children come to his home to visit his teenage daughter because of his lawfare victims and comments like this one.

    Hmmm… I wonder if wiki has been updated with his recent lawfare losses?

    Again, *shudder* at the pure evil.

  8. Wow. A reasonable person would just let Mandy out. I mean she’s permanently disabled for heaven’s sake (from what I gather based on the updates). But no, he’s doubling down on her.

    • Of course. I suspect he wants to send a message to those who might want to write about his m in the future.

    • A cold blooded psychopath, fearing a lawsuit is about to be dismissed with prejudice and fee awards, might reason thusly:

      If Mandy dies or is permanently disabled, all of her assets may be consumed in medical expenses, leaving her and her estate judgement proof. However, an award of fees or successful counter suit could attach liability to the psychopath. What’s worse, her creditors could potentially pursue the psychopath for payment.

      By amping up the pressure on Ginny, the psychopath might hope to negotiate an early settlement/dismissal with prejudice, eliminating those exposures.

      TL;DR: the paychopath would rather deal with Ginny today rather than Mandy’s medical provider collections agents in the future.

      • Yes, and, I would consider the possibility that Brett Kimberlin has misunderstood Rule 25B. I think Brett Kimberlin intends to sue Ginny Nagy personally, with the intent of recovering from her. Furthermore, I think that Brett Kimberlin has completely misunderstood what Ron Coleman has stated. I think Ron Coleman offered to be Mandy Nagy’s “representative” should the Court rule her incompetent, while Brett Kimberlin took it as an offer to accept service on behalf of Ginny Nagy.

        All this should be moot. First, the motion at hand is Mandy Nagy’s motion to dismiss. Since Mandy Nagy assisted in the preparation of that motion, her stated wishes at the time ought to supersede any current input from a “representative.” Second, that motion may prevail. It would be completely unfair to burden Mandy Nagy unless that motion fails. Third, Brett Kimberlin’s motion does not argue that Mandy Nagy is “incompetent.” It merely states that she can’t speak, yet. It does indicate that she can understand what she is told. Whether, or not, she has sufficient capacity to assist in her defense, perhaps nonverbally, is an open question.

  9. I do want to mention that I am deeply humbled by the prayers, good wishes and overall support I receive on a daily basis from my friends, here, at TMZ and the sooper sekret site. I am positive that without your help, good cheer and heavenly forbearance I would have terminally stumbled long ago and fallen off the path of redemption, to become forever lost in sin.
    Thank you, each and every one of you, for your acts of kindness. May you all be blessed and find joy in unexpected places as I have.

  10. Since I don’t believe a word of what TDPK says in any of his deranged ramblings before the court, did McCain really fail to respond to the SAC?

        • On 24 June, 2014, Judge Hazel ordered Brett to serve the Second Amended Complaint on the Defendants. 120 days are allowed for service. Do the math.

      • I started to wonder why Kimberlin would think he could continue to play fast and loose with service of process, but then I remembered: because Hazel. Why would the rules suddenly matter?

      • Wondering if Kimberlin falsely averred serving someone again. The littlest bomber of course would know his service was not successful or sufficient if he attempted to mail documents. What his argument? Same old ‘he is aware of the suit”. Which is not the same as being served with a complaint.

      • Reading TDPK’s letter again makes sense. TDPK doesn’t say that McCain was served and failed to respond, just that McCain knew of the SAC and has failed to respond. Once again playing fast and loose with the language and hoping that the judge misses this.

        I’m used to dealing with professionals who respect the law, this case is giving me a headache.

      • Didn’t John file a letter to Judge Hazel complaining that Brett Kimberlin had yet to serve him with a copy of the Second Amended Complaint? As I recall, Judge Hazel responded by noting that Brett Kimberlin had 120 days to serve John Hoge, 120 days had not yet passed, and, therefore, he would take no action. Implicit in his letter is that he did expect Brett Kimberlin to serve each and ever defendant the SAC within 120 days.

    • It’s an error generated by Scribd. Their status page says the site is up, but the individual links say that the site is down for maintenance. 😛

      I’m looking for a good laugh after driving back from class just now and seeing multiple stupid car wrecks each way.

  11. I believe that when the parties that settled settled they received incompetent advice from their attorneys. The last letter just shows that I am right. Aside from the considerable damage done to their reputations, “settling” didn’t end the cases for those that settled. It merely granted Brett Kimberlin standing to continue his lawfare via the expedient of making bad-faith claims of “breach of contract.”

  12. I am rather mystified as to why Ron Coleman would have said anything to Brett Kimberlin other than a choice obscenity or two. Aaron Walker helped Seth Allen. Brett Kimberlin later sued him. Dan Backer helped Aaron Walker. Brett Kimberlin later sued Dan Backer and his law firm. Brett Kimberlin now wants Ginny Nagy to represent Mandy Nagy. What could possibly go wrong?

    • My guess: because Ron Coleman is a consummate professional who knows his clients aren’t going to lose this case. On appeal, should Judge Hazel prove completely impervious to facts, law, logic, common sense and simple human decency, but Kimberlin’s going to lose. Again.

  13. Again, a mess of Hazel’s making, and it is just getting worse. By failing to enforce the court management order he has given BK license to do whatever he wants. That these were docketed rather than tossed out shows that Hazel is going to consider them.

    I think all the defendants should just go ahead and file motions for sanctions.

  14. The one regarding Mandy leaves me incandescent with rage. I really thought HW had hit the furthest possible depths of indecency, but clearly his inhumanity is a shining, multifaceted wonder.

    I really have no words to describe my hate for this festering pile of filth.

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