I’ve enjoyed reporting the news relating to the The Dread Pro-Se Kimberlin’s LOLsuits over the past couple of weeks. You can see it in the expression on my face in this picture Lee Stranahan took as I was typing the Qapla’ post last Thursday.
For those Gentle Readers who may have missed some of the action, here’s a brief recap—
On 29 March, Judge Hazel put the Kimberlin v. Hunton & Williams LLP, et al. lawsuit (AKA Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) out of its misery and dismissed it with prejudice. On 1 April, Kimberlin tried to file a “Notice to the Court” offering a frivolous argument against dismissing the case. On 4 April, Judge Hazel returned the “Notice” along with a form letter saying that the case was closed.
Also, April Fool’s Day was the last day for discovery in the Kimberlin v. Frey lawsuit (AKA the RICO Remnant LOLsuit because it’s the dying ember of TDPK’s first RICO case). Kimberlin has sent out a raft of defective subpoenas, and he has whined to Judge Hazel about the lack of third-party cooperation. Last Wednesday, the U. S. Chamber of Commerce filed a motion to quash a bizarre, untimely subpoena they received from Kimberlin in the Frey case. Kimberlin has an open motion for sanction against me in this case because he is unhappy with the material I voluntarily provided in response to a defective subpoena he sent me. Because the responsive items I had were innocuous, I decided to let him have them rather than have to deal with a motion to compel. Given his reaction, I doubt I will ever voluntarily give him anything again. Murum aries attigit.
On Thursday, there was a hearing on the remaining open motions to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) lawsuit (AKA as the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit). Judge Mason dismissed all four defendants whose motions were heard: Dan Backer, DB Capitol Services, Lee Stranahan, and me. Three unserved defendants remain—Ali Akbar, the National Bloggers Club, and Patrick Frey—along with Mandy Nagy, who is unable to help with her own defense because of the effects of stroke she suffered. The case will not have a final disposition until it is resolved against those defendants; it cannot be appealed until there is a final disposition.
On Friday, my co-appellees and I received word that the Maryland Court of Special Appeals had denied Kimberlin’s motion for reconsideration of their denial of his appeal in the first state case, Kimberlin v. Walker, et al. The court also assessed over $3,700 in costs against Kimberlin.
So, as of now, every one of Kimberlin’s suits against me has failed. The only open item remaining is his motion for sanctions concerning a subpoena in the Frey case. His appeal in the first state case has failed. He can file a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court), but that court is not likely to accept the case. He can’t appeal the second state case yet. If he does, he’ll have to argue that the dismissals, at least one of which was partially based that court’s findings in his previous appeal, were in error. He can’t appeal the first RICO case either until the claim against Frey is disposed of.
For now, his only real option to continue making good on his statement that I should expect to be sued for the rest of my life is to appeal the dismissal of the Team Themis case to the Fourth Circuit. As I have written before, my strategy for the case has assumed such an appeal from Day One.
Go ahead. Make my day.