I originally wasn’t the central character in the Dread Pro-Se Kimberlin’s RICO Retread LOLsuit in the Circuit Court for Montgomery County, but after the hearing on 3 September, 2015, TDPK moved me to the center of the alleged conspiracy. Here’s why.
THE COURT: Okay, so what I will do is I’m not going to rule or decide your motion one way or the other, because as it’s currently pled I think it’s insufficient for me to decide whether he’s got a claim against Hoge or not. So I’m going to allow him to amend as to Mr. Hoge to see if he can allege something specifically that he has done without and actually I won’t decide this one way or the other. So we’ll just wait until he files his amended complaint and then I’ll take up well actually I guess you have to refile it as to the amended complaint. But I’ll leave this for the time being sitting here because if I dismiss the complaint as you then everything else goes automatically and we might as well dispose of some of these other things that we have this morning.
MR. OSTRONIC [My Lawyer]: Do you have a time, Your Honor?
THE COURT: Fifteen days ought to be — I mean, this has been kicking around for years.
MR. KIMBERLIN: Yeah, that’s fine.
THE COURT: Okay, so you’ve got 15 days.
MR. KIMBERLIN: That’s perfect.
THE COURT: But keep in mind it can’t be complaints to officials requesting investigation.
MR. KIMBERLIN: Right.
THE COURT: It can’t be coming to court.
MR. KIMBERLIN: Right.
THE COURT: It has to be something specific that he said —
MR. KIMBERLIN: All right.
THE COURT: — that accuses you of committing crime, not past crimes you’ve been convicted of —
MR. KIMBERLIN: Right.
THE COURT: — but some —
MR. KIMBERLIN: Some new crime.
THE COURT: And it has to be, you know, not a suggestion. His opinion that maybe you or people with you might be behind this. If it’s couched like that it’s not going to be enough so —
MR. KIMBERLIN: Right.
MR. OSTRONIC: Your Honor, will it also have to be conspiratorial?
THE COURT: Pardon me?
MR. OSTRONIC: It has to be conspiracy too, correct, he has to allege the elements of conspiracy?
THE COURT: If he wants to bring the other people in with it. But if he alleges your client defamed to him —
MR. OSTRONIC: Then this wouldn’t be the proper venue.
THE COURT: Well, if he has anybody else that he can tie to that. I mean, if there’s more than one defendant he can make that argument, okay.
MR. OSTRONIC: Thank you, Your Honor.
THE COURT: Yes, I mean if all you’re left with is Mr. Hoge, he’s right, then you’ve got to go to Carroll County.
MR. KIMBERLIN: Right.
His amended complaint was pretty slipshod. We’ll see what the court thinks of it soon enough.
Why does it seem as though the Judge is attempting to write Kimberlin’s Amended Complaint for him? He is basically mapping out how to present the Complaint to the Court(himself) so it will be successful. Brett Kimberlin has chosen to file these many lolsuits pro se, but he has had every right to hire an attorney to assist him though the difficulties one of these lawsuits usually brings. How many times must the Court give the benefit of doubt to the Plaintiff before it tips the scales of justice? Should Team Free Speech begin a counter attack without legal counsel and expect similar treatment by the Judge? HA HA Frustrating non the less, stay strong Mr. Hoge & AW.
The judge had previously stated deficiencies in the complaint and was reiterating them as part of a detailed description of what he was ordering. He provided the same sort of detailed summary of what he expected as a part of every directive he gave to every party in the case.
Well, at least he was fair that way. If you’re gonna write one party’s submission, you might as well write them all. lol
His complaint was inadequate – why should he have leave to amend? It should have been dismissed outright.