A Busy Day for Lawfare

First, the Circuit Court for Montgomery County has denied The Dread Pro-Se Kimberlin’s motion for alternate service on a whole bunch of defendants in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.DKT42-403868CSecond, Judge Hazel is moving things along in the Kimberlin v. Frey RICO Remnant LOLsuit.

IANAL, but from my point of view, Judge Hazel’s order is a mixed bag. Although he has warned some of us that he is unlikely to grant a Rule 11 motion against TDPK, he has left the door open for a properly drafted, persuasive motion. Also, he has left the door open for Intermarkets to file a narrowly tailored protective order relating to TDPK’s subpoena for information concerning Ace of Spades.

UPDATE—There were some other interesting events today, but I won’t be able to discuss them publicly until I have verified certain information.

Stay tuned.

UPDATE 2—Ace-a-lanche! Welcome Ace of Spades HQ readers! Thanks for stopping by. Please click on the Home page link in the menu bar and scroll around a bit.

14 thoughts on “A Busy Day for Lawfare

  1. This quote from the above document pretty much sums up why Maryland stinks, after the last few years following this saga:

    “As discussed above, the Court does not consider Kimberlin’s complaint to be frivolous, unreasonable, or groundless.”

    Hey Judge, I have some beachfront property in Arizona. Interested?

  2. I saw something there – there is no more to say but Judge Hazel actually maybe a brilliant jurist

    Look everyone, not being EARLyish in this comment – but some of you early on took it the wrong way,when I said over a year ago it wasn’t a frivolous complaint. If he wasn’t an total creepy pedo. The Federal courts HAVE to accept the complaint as true, Brett is very lucky it didn’t go to trial, because ALL OF THESE rule 11 motions would have been granted – but you cant adjudicate on paper it has to go to testimony. The Federal courts have to consider 90% of the population cannot afford a lawyer and there are few cases in the vast 10 story pile of 6 font court papers where a violent terrorist pedo sues 25 people, it just doesn’t happen, so, now it has and the courts still dont have a precedent… Cause the genius couldn’t traction (I blame the slap cheek)

    Bretts lucky it didn’t get that far…, real real lucky….

    He would be real stupid to sue again

    • So what I am saying and the Judge is saying – Brett was wrong, Brett failed, I know he was only doing it to harm people, but the proof couldn’t come out without a trial, and so the Judge cannot set a precedent where if a case is thrown out on motions, anther person without Bretts vileness could be ruined because Brett was an @#$$%#$@ if their case was thrown out.

      But this was the COURTS line in the sand, that’s it, he’s done, their patience is over and the next case can have this attached to it.
      Brett;s being warned that sanctions could be imposed if a reasonable standard was not met.

      Reasonable is not a term a man who rapes 15/14 year olds and sets bombs at childrens events is ever going to understand

  3. If I may, please allow me to interpret the Judge’s letter for those of you considering filing the motion:

    The Judge, translated into layspeak: “I am not allowed to prejudge your motion, but I have, and no matter what I do, it is going to hold up on appeal, so I don’t really mind telling you this: If you file the motion, I will deny it, without much of an explanation, because I have already explained that your motions, while not filed, are denied. p.s. don’t waste your fucking time or mine, love, The Judge.”

    You are not going to persuade a judge who has already made up his mind – unless this is one of those wishy washy judges who will say one thing, then change their mind, on the spot, in response to whining by the other side. That said, Federal judges don’t tend to be the types to just change their mind. Their job security is nearly beyond reproach.

    • Most of these go to appeals – he’s had enough and he’s trying to stop the runaway litigation costs to the defendants

  4. I think the Judge can be swayed RE: Rule 11 sanctions. He would’ve denied them outright if he didn’t have some doubt. Whatever the basis of Kimberlin’s alleged “close contact” with Frey I don’t know. I doubt Frey said he was criminally investigating Kimberlin as Kimberlin suggests. The judge has to entertain in pleadings as being true, but he is also telegraphing and telling Intermarkets lawyers he doesn’t want to release Ace’s identity to Kimberlin.

    • “He would’ve denied them outright if he didn’t have some doubt. ”

      Technically, he can’t deny the motions for sanctions, because those motions haven’t been filed yet. What Hoge and others filed was for permission to submit those motions, which the judge granted. But while the judge granted permission to file, he pretty much told them such motions would be denied.

  5. I’d really like to know right now if the dox and swat club McCains swatter had connection to, has less than three degrees of separation from kimberlin.

    • I didn’t know about mccain’s swatting until he posted about it recently, and I don’t know how to connect that to whomever. God help whoever is investigating that.

      But Brietbart Unmasked, the blog that doxxed Kimberlin’s critics and smeared them is hosted on the same server as Kimberlin’s ‘charity’ sites. So there’s zero degrees of separation there.

      Judge Hazel is wrong. I could say worse, but what’s the point. Kimberlin outright boasted he would file frivolous suits. ‘I’ve sued 100, stop blogging about me or Ill sue you, and you’ll be out money and time and for what?’ ‘I’ll file another and another forever!’ Not exact quotes, but close to what Frey and Weigel heard from Kimberlin.

      Kimberlin’s frivolous lawfare has been national news. It is not a close call or a judicious call. It’s just the easy one to get rid of a case. This is not fair or justice. I hope Hazel reconsidered what he is doing with this precendent for the day that is arriving of internet enabled lawfare harassment of anyone who has an opinion online about a bad actor.

  6. The decision on DB Strategies’ and Intermarkets’ motions is incredibly wrong.

    As to DB, its motion for sanctions is based on grounds that the complaint was barred by law and that TDPK had no right to recover even if he had alleged sufficient facts. To hold an attorney liable for representing a client is an affront to the court system, and should be squashed to prohibit future nuisance suits against attorneys.

    As to Intermarkets, there are four problems with denying the motion:

    First, if there is any discoverable evidence of collusion between Ace and Frey, then the case against Ace should have survived dismissal, because then Ace would be involved in a civil conspiracy against TDPK. Since the case against Ace was dismissed, TDPK cannot drag Ace back in to discover evidence that would only be relevant to Ace’s liability.

    Second, any emails that Ace received that were sent by Frey would necessarily be discoverable by subpoenaing Frey, so there is no need to drag Ace in to the litigation.

    Third, TDPK is clearly trying to do via. the discovery process what he couldn’t do by pleading: discover Ace’s (constitutionally protected) right to comment anonymously. By granting TDPK’s subpoena of Ace’s identity (the content of any emails, as we all know, is immaterial), the Court is turning the First Amendment into a paper shield, easily shredded.

    Finally, (and Intermarkets needs to make this a bigger part of their motion) a protective order is insufficient in this case so long as TDPK is pro se. TDPK has violated court-ordered confidentiality in the past, and he will do it in the future. Especially since the court has already stated that it will not consider arguments made in a motion for sanctions.

    Frey should try to get this case moved out of Maryland to a jurisdiction where laws matter.

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