Team Kimberlin Post of the Day

It’s that time of year again when the Top Ten Lists for the year in review get published, so here’s the next two entries on the TKPOTD’s list of the Top Ten Team Kimberlin Stories for 2015—

10. The Cabin Boy™ Sues As A Pauper
9. Breitbart Unmasked Doubles Down On Defamation
8. The Cabin Boy™ Sues in State Court
7. The Cabin Boy™ Runs Away
6. The Bogus Peace Order
5. The Bogus Criminal Charges

4. RICO Madness Dismissed (Mostly)

In mid October, 2013, The Dread Pro-Se Kimberlin opened up a second front in his lawfare. The first was the Kimberlin v. Walker, et al. nuisance LOLsuit filed in state court at end of August, 2013. The second front, styled Kimberlin v. National Bloggers Club, et al. in the courthouse and Kimberlin v. The Universe, et al. RICO Madness here at Hogewash!, originally had 21 defendants. That list eventually expanded to 24.

A few of the defendants settled with Kimberlin, but most of us hung in until 17 March when the court dismissed almost the entire suit. The state law claims were dismissed without prejudice. (We’ll talk about them below.) The federal racketeering and Ku Klux Klan Act claims were dismissed with prejudice against all the remaining defendants, but the one civil rights claim against Patrick Frey was allowed to go forward into discovery.

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Originally Posted on 17 March, 2015

Qapla’

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.

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The case is now called Kimberlin v. Frey and is referred to as the RICO Remnant LOLsuit on this blog.

3. RICO Retread LOLsuit Filed

Judge Hazel took the position that the state law claims were none of the federal court’s business, so he dismissed them in such a way as to allow Kimberlin to refile them in a state court.

He did. The result was the Kimberlin v. National Bloggers Club, et al. (II) suit filed in the Circuit Court for Montgomery County on 15 April. This suit named most of the remaining federal defendants again. (It’s interesting that TDPK avoided naming Stacy McCain. This may have been an error, but after seeing Kimberlin try to question Stacy on the witness stand, I’ll bet it’s because he’s afraid to face Stacy again.)

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Originally Posted on 22 April, 2015

Yet Another LOLsuit

The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

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Here’s a copy of his amended complaint that was filed in September.

This suit has not gone well for Kimberlin. So far, six of the defendants have been dismissed with prejudice and without leave to amend the suit with respect them. (TDPK tried to rename them as defendants in his amended complaint anyway.) There was a hearing on 8 December on motions to dismiss and for summary judgment filed by Aaron Walker. The judge took the motions under advisement and was expected to rule the following week. However, the judge has been ill and only got back to work just before Christmas. I hope he will be able to rule this week.

Additionally, the court has scheduled a hearing on all pending motions for the next open date on its calendar—10 March. That will include my motions to dismiss for improper venue and for failure to state a claim upon which relief can be granted.

So it will be awhile before this LOLsuit is put out of its misery, but that end is coming.

Tick, tock.

We’ll look at items 1 and 2 tomorrow.

Stay tuned.

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