In Re RICO Madness

Ron Coleman has filed the following letter on behalf of his client Ace in the Kimberlin v. The Universe, et al. RICO Madness. It informs the judge of a recent ruling New York state case which, while not a binding precedent, may be persuasive in forming the Court’s view of the law.

The basic point is that Kimberlin hasn’t properly alleged an injury that would entitle him to early discovery related to Ace’s identity even if Ace were a party in the lawsuit.

38 thoughts on “In Re RICO Madness

  1. Good luck with that, the state of this case is a travesty as it is, how many outstanding items are there to be ruled on now?

      • Ah yes, the extremely difficult and complicated hypertechnical task of “suing the right entity.” I can’t tell you how many times I’ve tried to sue someone and ended up facing their cat in the courtroom. Extremely awkward all around. Still, I did get a nice squeaky mouse of it. And child support, which is, I admit, a little weird. Still, I’d say that Wayne County Circuit Court Judge Kathleen McCarthy did a pretty decent job of it.

  2. I for one look forward to the request either to strike or to respond to Kimberlin’s sure to be submitted sursursurreply.

  3. Oh and moving to another topic, I love the idea that filing a suit in the WRONG court is just a technical error. That may well explain Witless Willie’s failure to appear in court for various hearings: he went to A court because Acme Law failed to tell him that it made any difference WHICH court he went to. (I do want rebut as totally unconfirmed the rumor that he DID turn on the Judge Judy show on the days that he failed to appear and was surprised that she never called his case.)

  4. Not saying anything about the judge, just noting the following: it appears he has not issued anything on this case since December 8?

    • Well ya know, it was the holidays, then New Years, then the hassle of exchanging and returning Christmas presents, then before ya know it, Presidents Day and a long weekend.

    • Welp that didn’t take long from Aaron’s plea the other day to stop ragging on the judge…

      Also, nice use of the “I’m not racist, but…” caveat.

      • Yes, well, Aaron’s “plea” was really nothing but a politely worded request to “Shut up!”, which is ironic given that is what the point of the lawsuit is also.

        Here in the US, no person is above reproach, regardless of position, power, or past service. If I think you have made a mistake or are in error, I am free to speak my mind. People were NOT attacking the judges character – they were questioning his execution of his judicial duties. If you think I am wrong, you are free to ignore me or attempt to convince me that I am wrong. But asking me (or others, specifically Earl) to not speak out is counter to the point of this whole freakshow,

      • Yeah, hi Neal.

        Because it is just like being a racist to note that the court has not done anything on the case in two and a half months.

      • There can be no doubt that Neal would encourage such criticisms, not counsel against them. Surely no one here thinks Neal agrees with Aaron on that point?

        I’d like to remind everyone that our honorable host has posted a similar comment. In editing a post by Walter harshly criticizing the judge, <a href=";Mr. Hoge wrote:

        …I’m going to say this exactly once, so listen up!

        While I don’t agree with everything Judge Hazel has done in managing the RICO case to date, he has not given me any reason to believe that he is not a fair impartial judge. He doesn’t have an easy job, and he deserves to be treated with respect not only because of his position as a U. S. District Judge but also for his prior record as a public servant.

    • On the other hand, Team Kimberlin has had all this time to worry about what’s coming next.Think they’re sleeping well? So there’s that.

    • Also of note, Aaron asked nicely, he didn’t say I don’t like what you said or I will sue you. But, since he did, and he has skin in this game and I do not, I respect that request and on that topic I will fight no more, forever. Or at least til the case has concluded.

      However, I do think that it is interesting that a ton of motions and docs have piled up over the past two and a half months and the clock has run out on everything pending that had a real deadline on it, and the court remains silent. That is not a criticism of the judge, it is an observation of the process. As I have been a critic of the case management in the past, I wanted to note that it is an observation not a criticism. If noting the fact is considered critical, well, the facts are the facts.

      • But, since he did, and he has skin in this game and I do not, I respect that request and on that topic I will fight no more, forever.

        Proving once again that “Shut uppery”, regardless of the reason, works. Sad

      • Well said, and well done, Earl. Thank you.

        It is the process that is the problem. Such delays are not limited to only this case. Tort Reform Now! I’ve contacted my legislators, and hope others will also.

      • agiledog –

        There is a team evil post here every single day. The tiny terrorist’s goal of shutuppery has met the Streisand Effect. Those who have been before this judge and are fully aware of all happenings in the case informing us they feel the criticisms are unfair is not shutuppery. It’s giving us the benefit of their more extensive knowledge of the case. Most of us are not lawyers, so in Aaron’s case, he’s also giving us the benefit of his legal education and experience.

        Mr. Hoge still allows comments containing such criticisms. No one has prevented you from exercising free speech on this blog, afaik. Perhaps you’d also like to publicly criticize the judge in current litigation to which you are a party?

      • You do realize there is a legitimate difference between “Please” and “Or else”, right?

        Only in which iteration of the “ask” it is, such as:

        Please pay this bill.
        Please pay this bill right now.
        Please pay this bill right now, or else ….

        Please take your hands off of me.
        Please take your hands off of me this second.
        Please take your hands off of me this second, or else ….

        Please don’t say that.
        Please don’t say that on my blog.
        Please don’t say that on my blog, or else ….

        Actions have consequences, and therefore, logically, inaction also has consequences (which may be as simple as not-the-action-consequences). Using “Please” to request an action, without including the “or else” is simple shorthand for when you think the choice of outcome is really obvious to both parties.

        I’ll quit pontificating now.

      • I think there’s a vast gulf between “Don’t tell the truth about me on your blog or anywhere else, or I’ll sue you” and “Don’t go too over-the-top on my blog ragging on the judge in the case where I’m being sued by a terrorist, or I’ll ask you to stop” and a bit more to reach “Don’t go full retard on my blog or I’ll edit your comment.” Only the first is shutuppery.

  5. Please or else I, a complete stranger, will be disappointed in you and think you are incorrect.

    Yep that’s some pretty harsh consequences right there. I mean, no *actual* electrons were harmed in displaying this text, but they were very seriously inconvenienced.

    • That’s enough, Just!!!
      I’ve had enough of this electron abuse. I’m sending a tersely worded email to the ASPCeˉ.

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