On 18 March, I filed a motion to dismiss The Dread Pro-Se Kimberlin’s RICO2 Kimberlin v. Team Themis, et al. nuisance lawsuit with respect to me. The Federal Rules of Civil Procedure allow for 14 days to oppose a motion. If service was by mail, and it was in this case, 3 more days are added, and if the due date is on a weekend or holiday, the due date is delayed to the next business day. TDPK’s opposition to my motion was due at close of business yesterday. As of that time, the Clerk’s Office had not received anything from Kimberlin, and there was nothing found in the overnight box this morning.

This morning, I hand delivered this letter to the Court.

I do not wish to make any further substantive public comment on my motion until the Court has ruled on it.

34 thoughts on “In Re RICO2

      • “Your honor, it’s hard to juggle my vexatious RICO suits, with my vexatious peace orders, while trying to organize slumber parties!”

      • Speaking of pollen.. allergies are so bad in Oklahoma, Junkies are trying to convert their meth back to Sudafed.

    • I ran out of gas. I… I had a flat tire. I didn’t have enough money for cab fare. My tux didn’t come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake. A terrible flood. Locusts! IT WASN’T MY FAULT, I SWEAR TO GOD!

  1. Another great moment for the firm of Dewey, Lou, Zume, & Howe, to get the firms reaction we tweeted to their spokesman – that the fearless, in your face, last man in the bar, digger of Lebanese rubble, but alas was again unfortunately unavailable for comment…

  2. A reply is not necessarily required in response to a motion to dismiss, and the court could deny the motion without a response. The lack of a response is often an indicator that the plaintiff doesn’t really have a response to the motion; or maybe the plaintiff feels that the case is strong enough that a motion is not warranted.

    The litigators I’ve worked with are nervous to let a motion go through without at least some response. Although that might have more to do with malpractice (and/or billing) issues.

    In this case, I’m pretty sure that Hoge’s motion has a good chance of being granted. But we’ll see.

      • I’m pretty sure that TDPK is outside the window for amending the complaint as a matter of course.

        Any further amendments would require permission from the court.

      • If the amended complaint is filed after the dismissal order is entered, then K will have to serve H again.
        BTW what is the justification for VR or JTM to pay for K’s personal legal expenses, lie filing fees, service of process, postage? The lawsuits are all personal.

      • Fundamentally, Brett Kimberlin is headstrong and obsessive. But, he might not be so obsessive as to try to pursue such an amended complaint. When Judge Hazel told Kimberlin that any preliminary gag order must be based on the law and have merit, Brett Kimberlin responded by defiantly declaring that he would go judge shopping for a more sympathetic jurist by filing a new action. By the luck of the draw, it turns out that that Judge was Hazel once more. He could try to amend the complaint and deal with Hazel, or, he could try his luck in the lottery with a new action.

  3. I hope your hand-delivered copy had the attachment that the Scribd edition lacks.

    Do not make me go elsewhere for my Recommended Daily Allowance of schadenfreude…

      • Oh, I see… you hand-delivered it to the court, but mailed it to Kimberlin. By not posting it here, you keep him in the dark as to the details, but he knows it’s coming. So he can sweat until he either receives his copy, or goes down to the courthouse and looks for himself.

        And considering how he plays games with service, he’s probably paranoid that he might not get it any time soon.

        But he knows it’s coming. And he can sweat about it.

        I think I can hold off on seeing it until you receive confirmation that Kimberlin has the document.

        Until then, there’s only one thing to be said:


      • Joe, I would guess that someone who files as many law suits as Kimberlin has access to Pacer and can already see it, but of course that assumes he is willing to pay the nominal costs associated with pacer – which, consequently really ought to be free… they are public records for crying out loud.

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