Team Kimberlin Post of the Day

In yesterday’s TKPOTD, I pointed out how Team Kimberlin’s lack of understanding of the principles of warfare has rendered their lawfare campaign ineffective. Today, we’ll look at an example of a failure to properly apply the principle of maneuver.

Maneuver – Place the enemy in a position of disadvantage through the flexible application of combat power. Maneuver is the movement of forces in relation to the enemy to gain positional advantage. Effective maneuver keeps the enemy off balance and protects the force. It is used to exploit successes, to preserve freedom of action, and to reduce vulnerability. It continually poses new problems for the enemy by rendering his actions ineffective, eventually leading to defeat.

—U. S. Army FM 3-0

Let’s consider how The Dread Pro-Se Kimberlin failed to place his opponents in a position of disadvantage during the discovery process in the Kimberlin v. Frey RICO Remnant LOLsuit. He served requests for production of documents on Patrick Frey and tried to serve subpoenas for documents on Aaron Walker and me. It’s clear that he was fishing for discrepancies in order to play “gotcha” games. However, his service of the subpoenas was defective. Aaron elected to ignore his subpoena, and when TDPK filed a motion to compel, it was denied because of the defective service. (Judge Hazel’s Letter Order spelled out what was wrong: TDPK had served the subpoena himself in violation of Rule 45.) I let TDPK  have the responsive documents I had, hoping to avoid the hassle of a motion to compel. I was rewarded with a motion for sanctions when Kimberlin didn’t like what I was able to give him.

Undeterred, TDPK decided that he would subpoena Aaron, Aaron’s wife, and me for depositions, and on 10 March, he personally handed the Walkers’ subpoenas to Aaron and my subpoena to me. Of course, that violated Rule 45 again, so the service was invalid. Moreover, the scheduled date for the depositions was yesterday, 11 April, and discovery ended on 1 April.

At no time did Kimberlin’s actions provide him with a positional advantage. Indeed, it was he who was thrown off balance. His wound up posing new problems for himself rather than Patrick Frey or Aaron Walker or me. His own actions were ineffective and led to his defeat on the motion to compel against Aaron and will likely lead to his overall defeat in the suit.


15 thoughts on “Team Kimberlin Post of the Day

  1. Actually I didn’t ignore the first subpoena. He failed to serve me at all. But, importantly, he claimed to the court that he serve me in a way that was not proper, if it had been true.

  2. His discovery requests assumed the truth of his psychopathic fantasies. Surprise: discovery requests based on insanity fail to produce useful answers.

  3. The tiny terrorist will almost certainly not learn anything from the experience, and will repeat the behavior at his earliest opportunity. There’s likely a bizarre combination of various mental and emotional reasons that could explain it, if anyone had a decade or so to study the violent sociopath.

  4. In his newest droppings, BS is predictably claiming that John violated the copyright settlement. He’s just fishing for ways to improve his legal filings, folks, so don’t make his job easier. He can ask Ely.

  5. BS, of course, is being grossly deceptive and dishonest. In other words, a day ending in “y.”

  6. Ah, what the heck, he won’t listen to us, and he sure won’t listen to Ely!

    1. Bill is deceptively editing his own tweets that Hoge simply published on his blog. The images from tweets are fair game under Twitter’s ToS.
    2. He is claiming that an image from the Lynn Thomas Unmasked blog, which does not identify itself has actually being by Bill Schmalfeldt, is actually his blog. Is he now admitting to harassing Lynn?
    3. The blogspot blog about the book does not identify itself as being by Bill Schmalfeldt. Tsk, tsk.
    4. Bill Schmalfeldt denied any connection with Confessions of an Undercover Internet Troll. Has he withdrawn his copyright application, ir is he now admitting that he committed a felony?
    5. BS is claiming ownership of comments made on his blog by others. Does this include the defamatory comments by Mark in Maryland?
    6. Also, the use of the image of the book cover was in the context of a sales link to Amazon which is a licensed use of the image. BS has also denied authorship of the book.

    • Lord almighty. The derp is strong with him. Not a single one of his claims against our gracious host passes the sniff test. Perhaps the Cabin Boy needs to understand just precisely what it was that he signed before he goes spouting off about things.

      I mean, really, he’s just flailing around wildly at this point.

      • Always be careful with using the term “sniff test” with reference to CB. He has posted about one of his sniff tests, and it was strange and gross.

      • “Perhaps the Cabin Boy needs to understand just precisely what it was that he signed” – Ash

        I hear there are professionals who specialize in understanding legal documents and explaining them to others. Perhaps he should hire one.

  7. What part of “you can’t obtain discovery AFTER the discovery deadline” does Brett Kimberlin not understand? I mean, I know math is hard, but come on. Everybody knows that the first of a month comes well before the 11th of a month. Well, unless you are Kyle and you have a pony.

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