The state of play as of the beginning of 2016 is quite unfavorable to Team Kimberlin. Here’s a rundown of what I can briefly tell the Gentle Reader about as of close of business 31 December, 2015.
The Dread Pro-Se Kimberlin is mired down in five lawsuits. four of his own making. The oldest in his Kimberlin v. Walker, et al. nuisance lawsuit. He lost five of his seven claims on summary judgment. That means that even if what he had alleged were assumed to be true, he didn’t have a case. He lost the remaining two claims of defamation and false light invasion of privacy because he couldn’t prove what was said about him was false. He appealed that case, and we’re waiting on the Court of Special Appeals to rule. BTW, one of the things he is appealing is a motion that he won.
The original RICO Madness LOLsuit slogs on as Kimberlin v. Frey. That suit is in discovery, and I have reason to belief that things are about to get interesting. I may be able to report more over the next month.
The RICO 2: Electric Boogaloo LOLsuit seems stuck in the motions to dismiss stage. I have moved for an expedited hearing under Maryland’s anti-SLAPP law. We’ll see how court responds.
The RICO Retread LOLsuit that TDPK filed in state court reiterating the state law claims for the original RICO LOLsuit is moving along. Six defendants have had the case dismissed with prejudice. A ruling on Aaron Walker’s motions to dismiss and for summary judgment is pending, and a hearing to consider the remaining motions to dismiss in docketed for 10 March.
And Aaron Walker has begun the pushback against TDPK. His suit for malicious prosecution stemming from three false criminal charges is in the motions to dismiss stage. I expect that there will be further pushback from other of Kimberlin’s victims.
The Cabin Boy™ has gone on the offensive again and filed Schmalfeldt v. Grady, et all (II), aka LOLsuit VI: The Undiscovered Krendler. He’s now in the middle of blowing service of process on the 6 named defendants because of his lack of understanding of the Federal Rules of Civil Procedure. So far as I know, he hasn’t done anything to identify the 22 Does and Roes he is suing, and he hasn’t done anything to remove me as an defendant from the text of his complaint. He should fix that if he doesn’t want me involved. He has 21 days from the time the suit is filed to amend, so perhaps he’ll fix that and some other obvious errors next week.
Meanwhile, the pushback against the Cabin Boy™ continues. Two different women in two different states are presently seeking restraining orders. Lynn Thomas has filed for a stalking no contact order in Illinois, and a hearing is scheduled next Tuesday. Sarah Palmer [redacted] in North Carolina. That case [redacted].
The offensive balance is no longer on the Team Kimberlin’s side. Kimberlin’s 2014 loss in Kimberlin v. Walker, et al. is analogous to the Battle of El Alamein and 2015’s loss of Kimberlin v. National Bloggers Club, et al. (I) was his Stalingrad. Schmalfeldt’s cutting and running in last year’s Schmalfeldt v. Grady, et al. (I) is analogous to the Battle of Midway. The tide has turned. There’s a long path ahead, but the end is now clear.
Fasten you seat belts.