I’ve had several requests to summarize the various Kimberlin-related lawsuits.
The original Kimberlin v. Walker, et al. LOLsuit went to trial against Aaron Walker, Stacy McCain, Ali Akbar, and me on 11 August, 2014. At that point, five of the seven counts had been thrown out on motions for summary judgment, so the trial dealt with the defamation and false light invasion of privacy claims. On 12 August, 2014, Judge Johnson stopped the trial after The Dread Pro-Se Kimberlin rested his case and granted our motion for a directed verdict for the defense. TDPK appealed his loss to the Maryland Court of Special Appeals, and a three-judge panel will hear the appeal on 14 December—unless the case is dismissed because of TDPK’s failure to provide a complete set of trial transcripts. He was ordered to show cause why the appeal should not be dismissed, and he answered the show cause order, but the court has not yet ruled on that matter. If the hearing occurs, it will be on the written record; no oral argument is scheduled.
The Kimberlin v. The Universe, et al. RICO Madness LOLsuit is not quite over, but almost all of the case has been dismissed. Only one count, a federal civil rights claim against Patrick Frey, remains. The case is now styled Kimberlin v. Frey, and I refer to it as the RICO Remnant LOLsuit. That part of the case is in discovery. As a part of discovery, I was served with a subpoena for copies of my communications with Patterico and with any communications with anyone else related to SWATtings. I have fully responded to that subpoena, but since I didn’t have much, I suspect TDPK is disappointed with what he found. TDPK tried to appeal the partial dismissal of the LOLsuit, but he was turned away by the Fourth Circuit because his appeal was premature.
Most of the defendants in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit have filed motions to dismiss, but not all of the defendants have been served. However, we are now past the 120 days allowed for service, and the motions to dismiss are now ripe. The ball is in Judge Hazel’s court.
The Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit is basically the state law claims from the first RICO suit refiled in state court. Most of the defendants have either been dismissed or settled. There’s a hearing scheduled Tuesday for Aaron Walker’s motion to dismiss and motion for summary judgment. If he’s successful, there will only be eight defendants left. I plan to attend and report on the hearing.
Aaron Walker has filed the amended complaint in his Walker v. Kimberlin, et al. lawsuit as directed by Judge Mason. Any response from Brett and/or Tetyana Kimberlin is due very soon.