Last week was a pretty good week. Aaron Walker’s motions to dismiss and for summary judgment were granted in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. The remaining motions in the case will be heard on 10 March. It wouldn’t surprise me if the case is completely over after that hearing.
Judge Mason threw out all of the claims against Aaron on two grounds. First, he granted summary judgment on all the claims except part of the invasion of privacy nonsense on the basis of res judicata. He also granted summary judgment on the same bases as his motions to dismiss the six defendants who were dismissed back in September. Those includes failure to state a claim upon which relief can be granted and lack of personal jurisdiction for out-of-state defendants. (The court might have had personal jurisdiction over Aaron based on the battery claim, but that was wiped out by res judicata.)
The judge also found that The Dread Pro-Se Kimberlin had failed to state a claim upon which relief can be granted concerning the privacy torts TDPK alleged that weren’t covered by res judicata.
The net of this is that TDPK probably has no case left. Each of the other out-of-state defendants can point to rulings for the seven defendants who have been dismissed and say, “Me too!” Ali Akbar and I can point to Aaron’s ruling concerning res judicata and say, “Us too!” (But Ali may not have to bother because TDPK hasn’t served him.)
It will be interesting to see how Team Kimberlin spins out of control between now and 10 March.