Here’s the TL;DR—
1. The Kimberlin’s motion to dismiss was granted in part (eliminating the malicious use of process claim) and denied in part (so that the malicious prosecution claim survives as does the request of injunctive relief).
2. The Kimberlins are now required to serve all court papers on Aaron Walker via Certified Mail, Return Receipt Requested, and nothing will be accepted by the court without the returned green card. Aaron will serve the Kimberlins the same way.
3. The judge will not entertain any motions for sanctions until after the trial and has ordered that no further sanctions motions be filed until then.
Uhh… for the IANAL crowd here, what’s the TL;DR: Practical edition.
The case survived and moves to discovery now, IIUC. Another WIN for TFS!
Congrats, Aaron!
Congratulations Aaron
too long; didn’t read
No that I got gracious host. I meant the practical version of the teal deer 😉
I’m glad the suit survives. I have to admit I also needed more information to understand the situation. I had to google TL;DR. It turns out most of my life fits into that category.
So a guy who has admitted in court to forging USPS green cards will be required to submit the green card as proof of service.
Yeah. Wow.
Is this good, or as dumb as it sounds?
Doc,
Inasmuch (one word) as he is a serial forger of green cards; he never has gotten very good at it. Oh he can check the box before submitting it to the court, but he hasn’t figured out [Redacted: Don’t educate the Dread Pro-Se]
Restricted Delivery is not required.
Great, and as per TDPK’s prior filings, you were served documents at 29 Ridge Road, right?
Sorry, but my faith in the justice system is limited because, well, Maryland is for Stalkers.
Wr. Hoge, will there be an expanded version of the days events, or will that have to wait until the case is over?
There’s not a lot more to tell, but tune in for the next Team Kimberlin Post of the Day for more.
I believe that once you have the tracking number, you can determine if it was actually sent restricted delivery, both by the statement of USPS and by the amount charged. So if there start to be discrepancies the matter can be brought to the courts attention.
Or, Bob could explain it to the little bomber. 8o
Meh, probably a non-issue; as a sociopath, he’s too arrogant to listen to us anyway.
And yet, Seth Allen had to pay a hundred bucks, which overvalued Brett’s reputation by at least a hundred and twenty bucks. Sure, Aaron is on a proactive footing, but still.
There is the “enough rope to hang himself” arguement, and at least the judge has acknowledged the issues.
And of course the whole issue of [redacted – don’t educate the midget]
I’ll believe it when I see it. The court’s clerk handles cases for a lot of judges, and each of them has a full docket of cases. Their job, and it is a full time job, is to take documents, scan them in, and make sure they are assigned to the right case. The clerks aren’t going to separate out filing in this suit and make sure that the card is properly filled out. They’re going to accept whatever filings the parties give, scan them into PACER, and update the docket.
Kimberlin will continue his process of obstruction and contempt: filing documents, not serving them, and denying Aaron an opportunity to timely respond.
Fortunately, the court has a process whereby aggrieved parties can ask the court to actually enforce their rules against defendants who are abusing the system.
…Nevermind.
Absent submitting the green card timely, Kimberlin cannot gain any advantage other than ever so slight delays. Aaron can always file a motion to strike based on a failure of Kimberlin to submit a green card. Then, we will see if the Judge will defend his own rules, or not.
I have no doubt Mason was serious.
What makes you think the court will start enforcing them now?
Don’t know one way or the other. But, the point is that we will know the answer one way or the other.
Forgy Mcforginton has a decided advantage; and he never misses an opportunity to cheat.
But thanks to The Streisand Effect, The Speedway Bomber and his peeps have already brought so much more public attention to their illegal, harassing and perfidious activities then they ever would have imagined. I have no doubt that any such future activities will be noted even more efficiently by both by private citizens and legal authorities. Jusrtice will follow.
Brett Kimberlin spews so much crap, I encourage Aaron to have lots of breath mints available to offer him during any future deposition.
TDPK has pulled down nearly one million dollars over the last two years. What a sweet sweet racket (Brett, that’s opinion)…
Will be very interesting to see if NOW he spends some money on a real lawyer to answer WJJH and Aaron.
Betcha’ he does.
Because the stakes are going up-
IMO, he’s so addicted to cheating that using a real lawyer and depriving himself of the opportunity to try to pull a “fast one” seems unlikely to me.
I think paying a lawyer would open him up to questions just HOW he got the money when he makes only 19K a year .
He takes in washing?
I doubt it. Seeking legal advice would expose him to some uncomfortable questions. Like “What is your history with these two?” “Are you going to pay me?” and perhaps most importantly “Why do you want to know if I have a 12-year-old daughter?”
And a lawyer may tell him things he may not want to hear, and worse yet, say, ‘No.’ Brett hates people saying no to him.
The stakes are rising. Brett Kimberlin is getting quite old. Momma Kimberlin is a generation older. The home in which he lives in won’t be her name forever. Having a large judgment against her would put Mrs Kimberlin in the same boat as Mr. Kimberlin.
Nor, will Mrs. Kimberlin be able to rely on riding upon Brett Kimberlin’s filings forever. At some point, she will have to represent herself in some situations. I doubt she has such pro se skills.
Prior to the posting of one of The Pedobombers non-profit paperwork, I would have believed Bretts taste in girlfriends and The Diminished Capacity Kids taste in Scotch had a lot in common:
They both took the 12 year old because neither one could afford the 15 year old, but in Bretts case, he can!
OK, now I need to dig out the Tomintoul 18.
That’s like one of my favorite reprehensible but funny jokes… “He likes his scotch like his women. 12 years old and mixed up with coke.”
I don’t know you.