A More Detailed Report


There was a hearing this morning to deal with open dispositive motions in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason has a very methodical approach to managing his docket. He proceeded to review the open motions in the order they were filed.

Docket Item 113 was a motion to dismiss from Dan Backer and DB Capitol Service (Dan’s law firm). Christina Sirois argued for her client that the court lacked jurisdiction over them because they were from out of state and that The Dread Pro Se Kimberlin had not established any connection to Maryland for them. She also went briefly point by point through the complaint showing how Kimberlin had failed to state a claim upon which relief could be granted.

Judge Mason asked Kimberlin why res judicata didn’t bar his claims and pointed out how the Court of Special Appeals had ruled against him on his appeal of the earlier Kimberlin v. Walker, et al. nuisance suit. Kimberlin became irate and accused the judge of favoring the defendants and saying, “You let Aaron Walker amend his complaint against me four times, but wouldn’t let me amend my complaint.” At that point, Judge Mason held up Docket Item 91 and asked, “Isn’t 91 an amended complaint?” The judge explained that he isn’t the advocate for either side. He’s the umpire who enforces the rules, and that Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.

The motion to dismissed was granted and dismissal was with prejudice.

Docket Item 116 was next. It was my motion to dismiss for failure to state a claim. Since I also had a second motion (177) relating to res judicata, the judge heard them simultaneously. Patrick Ostronic, my pro bono lawyer, briefly outlined the arguments in my favor. There wasn’t much TDPK could say, and Judge Mason granted my res judicata motion. Dismissal was with prejudice.

Docket Item 121 was Lee Stranahan’s motion to dismiss for lack of personal jurisdiction. Lee explained that he was from Texas with no real connections to Maryland. Kimberlin responded that Lee had filed a lawsuit in Maryland, so he had submitted himself to the State’s jurisdiction. Lee pointed out that he had not filed any such law suit. When he was being harassed in 2013, he came Maryland and filed an Application for Statement of Charges which resulted in a Commissioner charging Bill Schmalfeldt. The Howard County State’s Attorney later dropped the charge. The judge informed TDPK that someone seeking the State’s protection by filing a criminal charge is not the same thing as filing a civil suit, that the State was a party in that case and not Lee. Lee’s motion to dismiss was granted.

Note: In explaining the situation leading to the filing of the Application for Statement Charges, Lee Stranahan gave Judge Mason an accurate summary of some of the harassment he and his family experienced.

At the end of the hearing, Kimberlin asked if he could get a final ruling so that he could appeal, and the judge noted that the case wasn’t over. Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.

73 thoughts on “A More Detailed Report

      • Where was the part where Kimberlin broke down, falling to his knees, sobbing, asking the court to protect him from the mean old Internet? (At least, I imagine that’s how it went. It’s possible that what I imagined as him falling to his knees was him standing bolt upright.)

        • Actually, Kimberlin did lose his cool, beseeching (his word) the court to protect him from the defendants and our lawyers. He got so over-the-top that Judge Mason said something to the effect of “Mr. Kimberlin, you need to calm down,” to which TDPK’s reply was on the order of “Maybe, I need to calm down, or maybe I don’t.” However, he was able to get a grip and continue.

  1. “..should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.”

    When you bring a water pistol to a gun fight…

  2. So, BS is saying that he was a grifter and a pimp? Wow. Was this before or after he engaged in a sex act before a live audience in Japan? What a colorful life he’s led!

  3. Congratulations to the Good Guys. Another win for Team Free Speech.

    And, may God abundantly bless Patrick Ostronic. His long-term efforts have been beyond generous.

      • Embrace the power of AND. That goes for all 4 – diminished capacity, dementia, incompetence and incontinence.

  4. He may not realize it, but the judge cut him slack by advising him from the bench:
    “Kimberlin suggested dismissing without prejudice the remaining defendants…but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.”

    • I hope he has to spend eternity owning up to all the lies he’s told about people.

      Anyone who answers a tweet suggesting a woman be raped by posting her address to Twitter as well as a link to a video of the inside of her home is damn well trying to get her attacked, and he knows it too. Just because he’s too dementia addled to remember that that’s what he did doesn’t matter, he did it, and he needs to own up to it.

      I wonder how the nuns feel about that sort of thing?

      • But posting the address, a map, and a video detailing the inside of the home of a woman someone just suggested should be raped isn’t near as bad as emailing a gross photo.

        Or, at least, that’s what I was told.

      • No, I pray that GOD our Father may have mercy on his soul. If the Romans are right, and there is a Purgatory, may he learn the error of his ways.

        • I have this appalling image in my head.

          In it, I’ve died, and I’m in the afterlife, and God is telling me He’ll let me into Heaven, but the condition is that I have to retrieve Bill Schmalfeldt from Purgatory first.

          …And my reaction is to look at God and say, ‘Look, no offense, but you DID see what he spent all his time on Earth doing, right?’

          • It’s worth it, Toast; that’s why I and Fr. Paul are trying here and now. There’s little hope, but if we can save just one of God’s children…

          • Lemme rephrase that. Neither Paul nor I can do anything to save anyone; all we can do is remind them that their salvation has already been bought and paid for if they will just accept it.

      • The end of World War II involved the use of nuclear weapons. If Team Evil were as smart as they think they are, they’d be looking to get out of the lawfare business. Just sayin’.

      • The Rebel Alliance continues to gain ground. The WJJH counter-attack lawsuit was not anticipated.

        Sending Ninja-Ponies after Popehat failed; they were ALL clocked trying to traverse multiple California Expressways in order to get to Kens’ house. Not one survived.

        There’s another action coming. It’s not the much anticipated Vexatious Litigant lawsuit Brett Kimberlin The Speedway Bomber is expecting. Ka-ching! Google hits +another. The vexatious litigant lawsuit WILL be introduced.

        But there is another- This one will hit… Somewhere else UNLESS The Rebel Alliance stays its hand in consideration of Brett’s children.

        So yes, Dungeonmaster Jim- Multiple fronts.

    • ..we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills..

      And if we can’t fight them, we can point and laugh.

  5. “Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.”

    Someone may want to send the exact transcript here to NBC, Ali Akbar, Patrick Frey, Mandy Nagy and/or their lawyers. While I’m not a lawyer and may be missing some nuance, it certainly seems to me that by offering to dismiss the case against them, Kimberlin is sort of acknowledging that the process against these defendants isn’t REALLY all that important to him.

    Which brings to mind: A) then why is he still suing them at all? and B) when is someone going to conclude, “Gee, this guy looks sort of vexatious, doncha think?”

  6. O Lord, support us all the day long, until the shadows lengthen, and the evening comes, and the busy world is hushed, and the fever of life is over, and our work is done. Then in thy mercy, grant us a safe lodging, and a holy rest, and peace at the last.
    Amen.
    Goodnight my friends.

  7. “Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.”

    Lawyers work within the rules. Short3 has devoted his life trying to dodge them.

  8. I wish I knew what qualifies as a vexatious litigant because BK sure seems like one, and has admitted as much

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