Judge Hazel has issued a ruling in the Kimberlin v. The Universe, et al. RICO Madness.

For the reasons stated above, the Court will GRANT all of Defendants’ motions to dismiss, except that it will DENY Defendant Frey’s motion to dismiss as to Count II, which will proceed into discovery. Thus, Count I (RICO) and Count III (§ 1985) are dismissed, with prejudice, as to all Defendants. The remaining state law claims (Counts IV, V, VI, VII, VIII, IX, X) are also dismissed as to all Defendants, without prejudice to Kimberlin’s right to re-file in state court, should he so choose.

Here’s the judge’s complete order.

200 thoughts on “Qapla’

  1. Congratulations, Team Free Speech! Well Done!

    It’s been a great week to be a zombie lickspittle!

    So very wonderful to see GOOD men and women triumph over evil!!

    • What Jane said! Uber congratulations to our Gentle Host John Hoge!

      Perseverance, goodness, intelligence, truth and justice win… again!

      W00T! W00T!

  2. I swear I stopped by here a few weeks ago and saw the same headline. But congrats for this outcome of this lolsuit and I hope you’re successful with the other…um…30.

    Have no idea what Frey is on the hook for but I’ll take whatever victory is offered. God bless ya’ Mr. H.

  3. Losers lose. Will Matt Osborne write anything about Brett Kimberlin losing? Will Matt Osborne write about Brett Kimberlin being a sociopathic convicted bomber, forger and perjurer? Maybe Matt Osborne simply relates to Brett Kimberlin in such a way that Matt Osborne supports the sociopathic convicted bomber, forger and perjurer Brett Kimberlin in all of Brett Kimberlin’s sociopathic endeavors.

  4. So Frey is still on the hook for Brett’s purposefull misquoting of an email.

    I’m sure that will be dealt with soon enough, and maybe we can get some fun discovery in with it, although, sadly, this will cost Patrick money, and when he wins, Kimberlin will claim he has no ability to pay any judgement against him. /sigh.

  5. …….The remaining state law claims (Counts IV, V, VI, VII, VIII, IX, X) are also dismissed as to all Defendants, without prejudice to Kimberlin’s right to re-file in state court, should he so choose…….

    Lord I hope that doesn’t mean he’s gonna continue to pursue those in the future. At what point can he be declared a vexatious litigant?

  6. Completely unmentioned is the status of the forgery.

    The Judge did not say anything about it explicitly, like he did with other pending motions. One would presume, however, that with the case gone, the issue is gone.

    That means that it is still completely legal to forge evidence in a trial in the 4th District. That will end well.

    The only way to remedy it will be for someone else to glom on to the tactic and get ruled against, or, since the case is now ruled on, pursuing Rule 11 sanctions which according to ECF 127 should be allowed at this time.

    • I am impressed by the many and various ways that Judge Hazel has found to express that phrase, and I’m only on page 15!

      • I’m at 19. It gets worse.

        Were Kimberlin capable of shame or humiliation, he’d be buried in it after reading this.

  7. Frey is ostensibly” on the hook” for actively assisting investigation of a serious crime comitted against himself and his family…..I don’t see how any person, in any capacity, should be prohibited from assisting investigators in ruling in or ruling out an obvious possible connection to such a crime.

    • But notice it says “…proceeds to discovery…”. Doesn’t discovery go both ways? Doesn’t one of the parties have a history of ignoring discovery requests?

      • Oh, indeed it does. Judging by his past actions, BK will simply refuse to comply with discovery, providing the court with the means to dismiss the remaining claim.

      • Yes, discovery does go both ways. And I expect Mr. Frey will be very diligent in pursuing discovery against the plaintiff.

        Federal Prosecutors are some of most ruthless litigators I know.

    • Keep in mind that the claim has merely survived the Motion to Dismiss, in which the Court must assume that it is true. This is not a decision on the merits.

  8. .. Teach me to start to comment (last thread about Hazel getting the newest one)… Congrats, John & others.

  9. No Ace of Spades for you DPedoKimberloser. Not transfer of suit against Ms Nagy.

    In reality, he gets nothing and this will be used to immediately dismiss the new suit as it is full of the same fluff and bulldust.

    To put it politely Mr K, go away, you are a waster of the courts valuable resources and you violate legitimate the issues of others by hiding behind the false use of law to attack those whom which you disagree. You are not a hero, but a bully, you are not standing up against the man, but pissing in the wind and calling it rain. You are hiding your activities from the law by prosecuting those who reveal your actions, and sooner (hopefully very soon) your constant shut-uppery will raise enough eyebrows to enable fair investigation of all your acts, actions and activities. On this day, you will feel what it is like to be the victim of one of your lawsuits, but you will know that rather than having the truth as a defence, a defence that served your victims so well, you will lie within the bed of your lies and be consumed by your own actions.

    That is a day that I will enjoy, for bad people deserve the application of justice, and you deserve it more than most.

    p.s. Well done to those who stared this POS down. He is one step closer to being labelled as vexatious and then this will end.

      • Especially with evidence from a sealed court record of Aaron’s? OK Mr. Kimberlin, where is permission from the court to use documents sealed by that court in this suit? Oh, they didn’t give you permission? Documents stricken from the record. What else you got? Nothing? Case dismissed!

  10. I’m with Aaron, but remember, in this case everything the PedoForgerTerroristAwfulMusican says HAS to be accepted as true. Looking forward to the DiminutiveDiddler ducking discovery and having the rest thrown out.

      • Hit Patterico’s and then also sent our host something to buy dessert with after his celebratory dinner with the lovely Mrs. Hoge.

      • katiescarlet2, I think I can help with that. 😉

        After months, nay, years of waiting…Out all day IRL and late into the evening and when I arrive home I find I missed it all!!

        Congratulations to Mr. Hoge, Ace, Aaron and the others. Still praying for Patterico. I hope it is now time to turn the tables on TK. It’s long overdue.

  11. “The Court need not, however, accept unsupported legal allegations,
    legal conclusions couched as factual allegations, or conclusory factual allegations
    devoid of any reference to actual events.”

    ooohhh! burny burny burny.

  12. If you are short on time here is the executive summary of the ruling:

    he has failed

    Kimberlin has failed

    his § 1962(c) claim would still fail

    Kimberlin has failed

    Kimberlin has failed

    his § 1962(c) would still fail

    Kimberlin has failed

    Finally, Kimberlin has failed

    Kimberlin has therefore failed

    and, as a result, has failed

    he has failed

    As discussed, Kimberlin has failed

    Kimberlin has not been prejudiced in any meaningful way by his failure

    Because Kimberlin has failed

  13. Pingback: Not a good day in court for Brett Kimberlin… | Batshit Crazy News

  14. Would someone answer me this: did the judge think BK failed?
    Oh, I just make myself laugh sometimes! Heh.

  15. The Large One @Weltschmerz1955 · 6m 6 minutes ago
    It will be interesting to see how quickly Hoge and his gang of backstabbers throw Frey under the bus.

    About as quickly as Hoge threw Krendler, or Ali, or McCain, etc., etc. under the bus.


    • He says the same thing, over and over, and he’s been wrong every single time. And I would say that dismissal with prejudice is a pretty big egg.

      • Well, that’s what we love about you, Blob. You’re hilarious!

        Remember all that shit John was in just last week, according to you? How are those eggs working out for you?

    • You’re “luckier” than I am. All I get is
      @Weltschmerz1955’s Tweets are protected.

      what a bwave, bwave, Bwilly Boy.

  16. Well that took a while to read.

    First, to our gentle host and almost all of his co-defendants: Congratulations. The wheels of justice turn slowly, but they do turn.

    Second, my interpretation of the Judge’s ruling: Everyone is free to go… except you Frey. **** you, Frey.

    Third, I believe it was about March 1 or so when I went out on a limb and predicted this case would be dismissed by the end of the month. I guess I was mostly right, except as to Frey. Man does it really suck to be him right now and have to continue on with this charade.

    Fourth, I did not count, but I saw the words “Kimberlin” and some variation of the word “fail” appear numerous times together. Were I to guess, it would be about 80 times. I might actually count it just to see.

    In sum, congrats to all, except Frey. Because, **** you Frey /sarc.

    • Oh, and in case it wasn’t clear, I bear no ill will for Frey, and I am deeply disappointed that his case was not dismissed fully…. yet.

      • Glad putting “Kimberlin” and “fail” that many times didn’t turn into a drinking game…that would have resulted in a big enough case of alcohol poisoning to kill an elephant.

        Congrats to Team Free Speech. And here is hoping Pat kicks that bastard’s ass for the final win.

      • I’m spitting nails about it.
        Whe is the FBI going to get of its duffer – why don’t they and why can’t they find, apprehend, and arrest the caller (apparently the same one in a series of crimes). We all understand Kimberlin is not heard on those tapes, that the caller may only haversome common interests with Kimberlin and not be acting as his agent. But for crying out loud, he’s a crook with an axe to grind and is hooked up with people who live vad breathe for that stuff. Why on earthshould kimberlin not be questioned, or suspected of some involvement in that intimidation tactic? His considerable interest in shutting people up and vindictively going after people who mention his felon terrorist cred and his shady schemes should be self evident by now. Just the way he acts, absent a lot of other smoke, hint he’s got more than assets that could be attached and a bad reputation to hide. Maybe it’s just a deep,sense of personal inadequacy he’s covering, but it’s right to suspect more. And right that they ask if any of his connections might do that on his behalf.

      • That’s a lot of failure for such a tiny man. Or as I like to call it, a “Schmalfeldian load of fail.”

        “Justice is for the Hoges of the World. Not for Me.”

  17. Pingback: CASE DISMISSED! : The Other McCain

  18. No, they weren’t, not under this Twitter handle. Sucks to have to ask people to cease cevery time one changes their Twitter handle. It’s like having to change a telephone number again and again … Hey, that rationale sounds awfully familiar.
    The Big One weltschmerz1955
    @antvq16 @brainsrmontoya @kylekiernan Weren’t you told to stop contacting me?
    8:43pm – 17 Mar 15

    • Every time the Deranged Cyberstalker Bill Schmalfeldt creates a new Twitter account, or changes the @ handle on an existing one (he’s at 100+ thus far), he simply reinforces our Gentle Host’s “changing a telephone number” rationale, and the judge’s adjudication that BS is indeed a harasser via “The Twitter” and deserves every Restraining/Peace Order he has — and, then some.

      Dumbass manages to discredit himself at every single turn.

    • Ah, I fondly remember a judge discussing US v CASSIDY with Bill and telling him that it didn’t apply and why it didn’t apply. Strangely enough, it was the exact same reasons a lot of Lickspittles told him it didn’t apply. That had to be humiliating for him to have to sit and listen to.

    • There’s William for you, hearing so many things that aren’t so.

      I understand that’s a big part of being a lunatic.

    • Ah, yes. I remember Bill Schmalfeldt bragging about how Kimberlin was all set to take all of Hoges possessions in court.

      • Who would carry them? I imagine that John has a lot of stuff, Kimberlin’s a dwarf and Schmalfeldt – the Lenny to Brett’s George – is too crippled and lazy to carry anything.

        Something just occurred to me. If Osbourne has a hair-lip and Ferguson a club foot, Team Kimberlin will be just like the upper echelons of the Third Reich!

    • I would not be surprised if we were to see a little case called:
      U.S. vs Kimberlin, Schmalfeldt, Osborne by the end of the year.

  19. Brett is going to be very busy soon:

    1. RICO case moving forward with Frey . Discovery soon.
    2. Appeal of RICO loss
    3 Multiple sanction motions forthcoming in the RICO case due to alleged perjury and forgery etc
    4 RICO SUAVE case with a cast of thousands including going against real law firms
    5 Lawsuit against Home Depot where Team Free Speech has already brought their law department up to speed on BK tactics\weaknesses
    6. Possible IRS issues due to piercing the corporate veil in RICO case
    7. Possible IRS issues due to piercing the corporate veil in RICO SUAVE case
    8. Possible IRS issues due to piercing the corporate veil in Home Dept case
    9 Appeal of the recent Hoge win on TRO
    10. Any criminal charges that may be coming down the pipe
    11. Driving BS to court for his LOLsuit
    12 Driving BS to court for his criminal action
    13 Sanction motions for using evidence from a sealed court record of Aaron’s
    14. Vexatious litigant motion to defend against for all the above

    Did I miss any?

      • Oh, I don’t think the Fourth Circuit Court of Appeals in Richmond would be entertained by RICO Madness. I don’t think they’d be entertained by it at all.

        Watching Kimberlin filing a motion to have Judge Hazel recuse himself is going to be the most immediate fun.

    • And the one thing he is not doing……….political activism. For over a year Brett has been working full time on his legal maneuvers, which means he is not doing his other jobs. JTM & VR have been relegated to back burner status. He is not doing his left wing political activism of teaching minorities how to basket weave with funding from the US Dept of State. Or using music to teach youth how to become a successful radical communist sucking off the US Government tit for the rest of their lives. His lawfare has become his full time job and just wait until he sees whats coming. His next year or two is going to be taken up filling motions & making court appearances in his multitude of litigation. And a vast majority will be the suits he filed. Although is sucks for those being sued, the rest of the country is not having to deal with Brett Kimberlin and his political terrorism.

      Also a queston. Kevin Zeese, the general council of Velvet Revolution or Justice through Music, is mentioned many times in the latest Rico Suave suit, but he is not listed as council on the litigation. Why is this?

      • That, my friend, is a veeeery, veeeeery interesting question. Along with “why the hell are JTM & VR not the plaintiffs?” Because I don’t see Brett being able to win with what he is shoveling out there.

    • Brett Kimberlin is trying to fight a traffic ticket. Trial set for April 23rd.

      It may be a good time for Kimberlin to initiate Kimberlin vs. Kimberlin.

  20. Page 21 of Judge Hazel’s dismissal is going to seriously sting Brett’s new Rico2. My prediction- Hazel simply cuts and pastes page 21, with a few minor changes, into the dismissal for Rico2.

    • Funny thing about that….the tweet that old Bill responded to was a tweet I sent to John. Bill was not mentioned, @mentioned, etc in it. He just jumped in and stomped on his dick. But notice that he has to claim he was tricked. What a pathetic excuse for a man. Can’t even take responsibility for his own screw up.

      • He can’t seem to stop himself from stepping all over his tender bits with spiked shoes, now can he? SMH. Someone should stop him from hurting himself so badly….

      • Aside from a court order severing his internet connection, the only “someone” who “should stop him from hurting himself so badly” is a certain “beloved caretaker” — of which we learned a couple of days ago is not only a supporter of BS’s nonsense, but an active participant, too.

        “Sender” for short.

    • He seems to think that BK is going to find out who Krendler is for him, even though BK has shown no interest in fishing expeditions related to copyright butthurt. If Krendler has nothing to do with the case, why, oh why, would Bill think BK could find out for him, even if he wanted to? (Rhetorical question there, we all know the answer.)

    • For those reading this who aren’t unethical, immoral mercenaries who can be bought for a buck, the standard for a motion to dismiss is, if everything the plaintiff alleges is true, would there be a cause of action? The judge does not and did not find that the allegations were true, he had to pretend they were. The judge’s order makes clear that the next step is discovery, THEN there are more motions. If you remember the state case, many of the counts got tossed at that point because if BK’s failure to comply with discovery. THEN it goes to trial for a jury to decide. That would be an adjudication on the count involving Patterico. As for California, by that point there will be many folks standing in line, waiting to garnish any recovery.

      • Dave: so wait a second, so if all of us are Krendler, and Hoge is Krendler, and Hoge is Team Themis, does that mean Krendler Am LAw AND we are Team themis? This gets so confusing.

      • He says the US Gov has a document showing Krendler lives at Hoge’s address.

        Bill is wrong. (such a surprise)

        First, the US Gov has a document showing Krendler using Hoge’s address as a contact point for copyright issues, almost like Hoge was Krendler’s agent or something. Bill just stops reading that sentence at the apostrophe.

        Second, Krendler is a zombie. He isn’t living anywhere.

  21. So what is this nonsensical count 2 that Patterico has to deal with? He has nothing posted at his site but I assume he will post something when he has had time to review the ruling.

    • More or less…. BK is accusing Frey of abusing his position as an Assistant District Attorney (an agent of the state of California) to “investigate” or “harass” BK following the SWAT’ing that occurred to Frey.

      • Yeah, if I follow it, the allegation is that Frey violated Kimberlin’s civil rights, particularly free speech rights, acting under color of law, because he publicly considered Kimberlin a suspect of a crime and allegedly abused his position as a prosecutor to have Kimberlin investigated. Kimberlin seems to think that being investigated was retaliation in order to silence him from complaining about Frey. The absurdity of the charge survives the motion to dismiss because the court must consider as true the facts Kimberlin alleges, which is, essentially, Frey abused his position in order to seek to silence the terrorist diddler.

        So allegedly (not all of these are actually facts)
        1) Frey is attacked (swatted)
        2) Kimberlin and or his ilk are possible suspects
        3) Frey comments on the fact that he wasn’t swatted until he spoke about Kimberlin, and that he is not alone in this phenomena.
        4) Kimberlin, full of butthurt, complains to the Bar association, or Frey’s Bosses, or whoever will listen (not sure who he complained to exactly) but he probably complained about team themis, and butt hurt, and false narratives, and KRENDLEEER and no more sleepovers.
        5) Frey allegedly treats Kimberlin as a suspect and allegedly seeks to use his position as a prosecutor to get special treatment from law enforcement and/or to imply to others that his position as a prosecutor will help in any investigation into Kimberlin
        6) Kimberlin learns of Frey’s statements
        7) Terrified, the tiny terrorist diddler becomes frozen in fear, completely afraid to speak out against Frey any longer for fear of retribution, his speech having been effectively chilled, his civil rights completely in tatters.

        So Kimberlin is basically alleging Frey did what is alleged in 5, as retaliation for what is alleged in 4 so as to cause what is alleged in 7. The court has to treat that as true, at this stage in the game.

        That is if I understand this all correctly, and I might not.

  22. How does someone with a no contact order against him “order” the holder of said order to do much of anything?

    And should this “order” not be obeyed, what’s he going to do? Sue?

    • Show us Dumbass.
      Show one instance where this has occurred.
      You lie and lie and lie and then lie about lieing.
      Even your stuff that is supposed to be creative lies (fiction) are bad lies with no entertainment value or insight.
      Tedious, tendentious, and trite.
      You will probably try to retort then why do I troll you? Because the folks who mock and troll you are clever and amusing not you. You are the mud from which we can make bricks of FUN
      Don’t know why I even bother saying it as you are and have been impervious for decades.

    • Via an attorney.

      You can contact people you are ordered not to contact via an attorney. Within reason and for good reasons only.

      I hate to reference some of these people because I think they are mentally ill and victims of the real bad guys (who number about two).

  23. Pingback: Popehat Signal: Please Help Mandy Nagy And Her Family | Popehat

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