Team Kimberlin Post of the Day

So, how did last week go? Reasonably well, I believe.

On Monday, we found out that The Dread Pro-Se Kimberlin had thrown in the towel for his RICO Retread LOLsuit and filed a motion for a voluntary dismissal of the remain defendants. The betting among those of us who beat him in court during this case is that he’s doing that in order to be able to appeal against us—something he can’t do as long as the case is ongoing in the Circuit Court.

Tuesdays seem to be quiet days, and Tuesday of last week was no exception.

On Wednesday, I finally got a copy of William Ferguson’s motion to dismiss that he filed in the Hoge v. Kimberlin, et al. lawsuit. I had to buy a copy from the Clerk of the Court because he didn’t serve a copy on me. That’s consistent with the certificate of service attached to motion which says that he only served it on himself.

Thursday was a quiet day too.

popcorn4bkOn Friday, I filed my opposition to Ferguson’s motion to dismiss, and Ferguson informed the world that my lawsuit would be over on Monday. I can hardly wait to see what he’s got up his … up his sleeve. A few other items were filed in other cases late in the day on Friday, and I look forward to being able to report on them when I receive copies.

Stay tuned.

24 thoughts on “Team Kimberlin Post of the Day

  1. I’m surprised you didn’t mention Ferguson coming clean and admitting Schmalfeldt’s lawsuits were frivolous describing them based on faulty information. The unit cohesiveness of Team Kimberlin seems to be falling apart at the seams.

    • VV, both have been filed, but isn’t the question which one will be filled first?

    • “Are you thinking what I’m thinking?”

      “Yah, Brett- Childrens underwear with pictures of little bombs on them. But what I’m questioning is your suggestion we market them as ‘Kimberoos’- Also, can we make some that are blue and yellow? Those are Boy Scout colors.”

  2. I still can’t get over the fact that Ferguson is so stupid that he served his reply only on himself based on the COS that he filed with the court. He does know if he doesn’t send it to Hoge it just gets thrown out due to improper service right? How do you get that stupid?

    • Fergie’s MTD won’t be struck from the record, because Hoge did oppose it. The MTD will, of course, be denied, because Fergie was too incompetent to address the complaint correctly. Even if he’d sought competent counsel, the complaint would almost certainly have withstood any MTD, because the allegations within have to be presumed true, when correctly and specifically pleaded.

      • AJ,

        Who knows, in Maryland you have to oppose motions or they are automatically granted (hence the extensive green card service games) so to leave an obviously defective motion unchallenged is a difficult choice, suicidal in Maryland

    • Point of order TOLF. You said “How do you get that stupid?”
      Merriam-Websters says this:

      Definition of get
      a : to gain possession of b : to receive as a return : earn
      This seems to refer to starting from a point and then having more of the item you desire.
      How can anyone gain more, when they have a monopoly on the commodity?
      Bill at least served the parties in his lawfare correctly, ya know?

      • No, if you are speaking of Schmalfeldt’s current federal lawsuit.

        If you’ll recall, he served them with the FAC, which had not yet been accepted by the court.

        It was faulty service, saved only by the judge showing mercy on a stupid pro se plaintiff.

      • Actually, no. I was not served properly. At any point in time. I was allegedly mailed the original complaint which included a request for waiver of service. Bill Schmalfeldt seems to think that that was actually “service” upon me. It was nothing of the sort. He effected service of the amended complaint – before it was accepted by the court – through a process server. Since the court had not accepted the amended complaint, he never served me with a proper complaint. My lawyer has remarked about this chain of events in our responses to the court – neither myself nor my co-defendant were properly served in this LOLSuit.

        It seems none of Team Kimbergarten knows how to properly serve a complaint, a response, or a motion. Even the ones who have filed more than one lawsuit. The stupidity astounds, because you would think that mere reading of the statute would tell them how to properly serve things.

        • What you’re seeing is a mere symptom of the underlying pathology: failure to maintain an accurate mental model of the observed universe, particularly in the face of internal desires. Taken to the extreme, people like that will jump off tall cliffs because their strongly held belief they can fly overrides everything they’ve ever observed or learned about gravity.

          In contrast, true visionaries like Kevin Kimberlin spend focused time and energy building highly detailed and accurate mental models of the universe, seeking out the opinions and ideas of scientific and engineering experts like David Huber to incorporate and synthesize with their own. The result of such collaborations are industry revolutions like Dense Wave Division Multiplexing, the core technology that made Ciena Corporation the biggest ever startup when they went public: $3.4 BILLION market capitalization on their first day. Using Ciena technology, Sprint became the largest Intenet Service Provider in the mid 1990s. (Reference: Chances are quite good that you’re reading this right now because Ciena optical equipment carried your packets at least part of the way to the WordPress server and back.

          The really sad part of this pathology? Sufferers prefer to believe that their own failures (actual and/or in relative comparison to those close to them, like siblings) are the result of some inherent unfairness or intentional injury. Therefore they feel justified in treating others like “fair game” if they consciously or unconsciously feel inferior, rather than honestly learning from their mistakes and working to improve their personal shortcomings.

  3. I eagerly await Monday, when Ferguson is going to show the world how to speed up judicial process.

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