Continuing with our series of Team Kimberlin’s failures to properly adhere to the Nine Principles of Warfare in its campaign of lawfare, let’s consider surprise.
Surprise – Strike the enemy at a time or place or in a manner for which he is unprepared. Surprise can decisively shift the balance of combat power. By seeking surprise, forces can achieve success well out of proportion to the effort expended. Surprise can be in tempo, size of force, direction or location of main effort, and timing. Deception can aid the probability of achieving surprise.
—U. S. Army FM 3-0
I haven’t been kidding when I’ve said that everything was proceeding as I have foreseen. Kimberlin’s actions have been very predictable, and that has enabled his opponents to catch him by surprise. Consider this filing that Aaron Walker made a few days ago in the Walker v. Kimberlin, et al. lawsuit.
CAUTION—If you are using an irony meter, its input attenuator should be set for minimum sensitivity. Hogewash! cannot be responsible for damage caused by improper safety precautions.
Many of Kimberlin’s games with service of court papers have had the appearance of sloppy attempts to set up default judgments such as he received in his suit against Seth Allen. Now, he may have defaulted.
Kimberlin may have thought that his motion for summary judgment stopped the clock running on the time to file an answer to Aaron’s complaint. However, Maryland Rules 2-322 and 2-323 don’t include such a motion on the list of appropriate motions.