Last Friday, Judge Debelius granted the motion for the special assignment of a single judge to the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. Here is a copy of the defendants’ motion.
“[A]gressive” discovery unless the defendants make a “substantial monetary donation to my 501c3 employer.”
Hmmmm.
I’m sure the courts are cool with extortionate threats, right?
I think saying ‘give me money to settle this case’ is a normal tactic in settlement negotiations, but ‘lets structure a settlement to dodge taxes’ would probably be interesting to the IRS.
DING, DING, DING!
He’s Mr. Bad Faith. And his humiliation at his crimes, his real conviction and incarceration record, the apparent sham nature of his “employer” being exposed – among other rotten things he does and has done – belong to him. There is no tort in telling the truth about Brett Kimberlin, or publishing a negative and critical review of his activities.
He’s the worst sort of Narcissist and user, and I pity anyone connected to him.I I don’t even like acknowledging he has any family – let alone talking about them. But the argument of harm is ludicrous. strictly based on association with him and how what people say about him necessarily rubs off on them, so people who criticize* him* are therefore to blame.
His svengali machinations ( a repeated show with various persons in his perpetual angling to be something important) are painfully cargo-cult inept and cringeworthy. I’ve never known anyone so calculating and so plain dumb; his only success is being a useless pain in the ass.
http://redsarmy.com/wp-content/uploads/2013/10/applause-gif-2.gif
Perhaps, but this doesn’t look very much like a settlement offer, it looks like extortion.
Yeah, it’s not a statement that he’ll win damages, but that he’ll indulge in “aggressive discovery”.
I’m pretty sure most settlement offers look like extortion to an unfriendly party. It might be helpful, how open BK is about using the process as a punishment as opposed to having any hope of winning a case, but maybe not in MD.
But normally they are couched in beautiful language so as to express the intent without providing the casual reading the indication of the demand being so extortionate.
This letter commits a crime, it is fantastic in its ignorance of process and simplistic in its rampant idiocy. You could not give your opponents greater ammunition for motive, mendacity nor evidence of vexatious intent, nor could you believe that someone with an IQ above the temperature of absolute zero would think that this would be worth sending.
The greatest thing about it is it is now entered in evidence and accessible for all to use as a defence regardless of the suit. We have a litigant who has clearly expressed extortionate outcomes as the motive behind his actions.
As Brett would say, its a win win.
It is sad that there are people dumb enough — or maybe people tied to Soros wealth–‘to fuel these abusive tactics. The only way to stop it is for a judge to have the guts to do so, fine him for abusive scorched earth litigation tactics and after he fails to pay, ban him from access to the courts. Constitutional? I hope so.
You know, bits like that make me think he might be a bit short…on funds. 😛
Desperation on steroids if he is resorting to this kind of attempt at what in any other theatre would be called extortion.
Give it time, it may be in this theater too.
Shorter – I’m a Pro se so I can lie and forge and the courts won’t touch me for it. But you people have to play by the rules. I’ll make your lives a living hell unless you pay me off.
Nothing like waving the red flag in front of the bull. He seems to forget he’s dealing with experienced lawyers here, not an average Joe who’s never seen the inside of a courtroom.
My business law prof told us of a case he was involved with which involved a vexatious pro se litigant who made a living suing company after company for ADA violations and asking just little enough that it was cheaper to settle than litgate. However by the time he hit my prof’s clients his reputation proceeded him, and this company was big enough to have funds to give their counsel instructions to “Litigate and go after him so he never sues anyone again. Don’t worry about the bill.”
The resulting suit took several years but ended up with the VPSP (vexatious pro se plaintiff) declaring bankruptcy and also ending up involuntarily committed on more than one occasion. Some years later Law Prof got a call from lawyers in another state. He gave them the rundown on the case and suggested they just mention his name to VPSP. They did just that and VPSP slunk off in the night, never to be heard from again.
Small world. One of my lawyers was involved, on the periphery, mind you, of a suit involving the party referenced as VPSP.
He retains the playbook used in that case. In essence, you limit VPSP’s ability to bluff by documenting his history in the courts, and you monitor the courts in which he may file, and provide the playbook and documentation to anyone new that he sues.
The only way a vexatious litigant can survive is by staying under the radar. Once you tag them with ongoing documentation of their behaviors, suing becomes non-profitable…
I think that the Maryland Courts are probably okay with being complicit in extortion of evil right wingers.
I am sure that they perfectly fine with someone on the Left using them as a weapon against those on the Right. I am sure they are willing to go along with this scheme. Because that is who they are.
If that’s the case, why does Kimberlin keep on losing cases?
Is he losing? Sure, his suits get dismissed, but he has still cost the defendants time and money and that is what he has declared as his goal. To make people spend lots and time and money defending themselves against him.
He’s chosen some of his targets poorly.
Some have been media companies willing to invest in protecting the First Amendment.
I was a particularly poor choice. I’m semi-retired and can devote time to the process, and I’ve had enough crowdfunding (rattles the Tip Jar) to almost break even on the costs.
Eventually, we will win, and he will lose.
Then there’s Hunton & Williams, a 115 year old law firm with 800 lawyers and over half a billion in annual revenue. And this little pipsqueak thinks he’s going to bully them into submission?
Good God, Diddler! Have you even seen yourself? H&W will crush you like the bug that you are.
Did you read this filing? He says hey even if I lose it still costs you a lot. And if I ever get lucky and win something, it will cost you even more. In short (heh), he is saying he doesn’t even intend to win, he is only looking to cause them pain and suffering, He isn’t hiding it. And he is openly saying that Maryland courts will willingly help him do it. He is not ashamed of making this nakedly extortionate plea. He says he can walk into Maryland courts any old time and get an abusive subpoena issued post haste. Now, maybe that’s just his bluster, maybe he is deluded, or maybe it is real – but is there any reason whatsoever to believe that Maryland courts are not geared exactly that way? To be weapons for Leftists against those on the Right?
And if that seems to be an unfair castigation – they can just prove me wrong.
I have to disagree with your assessment. If tomorrow, the Maryland courts were to declare Brett Kimberlin a vexatious litigant, award seven-figure sanctions to his victims, and take meaning steps at recovery, such as confiscating the stream of income to the JTMP, they still will not have proven you wrong.
These tactics are not unique to Brett Kimberlin or Prenda law. If Brett Kimberlin is sanctioned for not sufficiently veiling his motives nothing will change. If Prenda law is bankrupted for entrapping it targets nothing will change. At best, they will be scapegoats sacrificed for what amounts to spilling the beans for the best interests of the system.
It is a system in which the likes of Brett Kimberlin and Prenda law thrives.
“Hi there! I’m Brett Kimberlin, vexatious litigant, and vexatious litigants can be a real pain in the ass! Why don’t you just pay me?!
“…and to show what a total nutjob I am, I’ll smear the court in print, not even considering the risk of injury to you in your rush to get it before the judge…”
I’m sure Brett thinks he can use the court as a weapon.
My personal take is the courts don’t give a damn about him, and just want him to go away and stop screwing with their docket. Sanctioning him would be trouble they don’t want. They don’t care about his cause or whatever, they just want to get the case off the docket and the annoying midget out of their hair.
In other words, lazy bureaucrats, not liberal operatives, at least in most cases.
And another hole is punched through the corporate veil. Clever girl ….not.
In general, if you sue ME, a donation to my employer would not satisfy me — unless of course the donation somehow benefits ME. JTMP = Brett Kimberlin and BK = JPMP
He could not have given a bigger road map to direct people to the conclusion that JTMP is his personal slush fund. SMH
Would you call those “corporate veiled threats”?
Thanks for battling evil so the rest of us don’t have to do so.
Our turn will come. Maybe not in this arena, but somewhere, someday.
SHAKEDOOOOOWWWWWNNNNNNN!!!!
Problem is, that tactic doesn’t work well if the defendants stick together and talk among themselves, nor if the Court knows about the threatened pattern of behavior.
The Rainbow PUSH business model.
https://youtu.be/F3MTFJz50qc
So Defendant Kimberlin believes that the Maryland courts will give him extensive discovery because he is pro-se?
And John Hoge is filing as a pro-se ..
Oh Lord, I don’t know if I will be able to stop laughing for awhile..
And Aaron Walker is proceeding pro se in Walker v. Kimberlin, et al. …
Help! I need ace bandages and a splint!
SPRAINING LULZ MUSCLES!!!
SOMEONE CALL 911!!!
I’ll call. What’s the number for 911?
Triple zero, at least around here.
Out of curiosity, does JTMP have any other employees other than its director?
I don’t know, but, his wife use to be an employee with a company car. That car was a gas-guzzling SUV. Brett Kimberlin allegedly drives a Prius, but, has ticketed while driving an SUV.
If he is, basically, the sole employee, then isn’t it a rather odd turn of phrase to suggest a donation “to my employer”?
I think I hear the sound of the Streisand Effect sending the scrutiny his way that he was hoping to avoid. Oops, should have stayed out of court, where EVERYTHING is meticulously documented.
I find myself wishing that Hunton & Williams answered that e-mail asking what sort of figure The Sawed-Off Pedo Bomber would consider “substantial.” I really, really want to see how much rope they gave him to hang himself.
Considering how he’s vertically challenged, he’d need a little more than the average person to reach down from the gallows…
I was thinking, “We had internal conversations as to whether, or not, to offer your 503(c) $1, but, determined that figure was too high. Will you consider one cent? The one dollar figure might be the legal minimum, but, I suppose we can structure the agreement so that you can donate 99 cents the charity of our choice, say a Chamber of Commerce charity, and, then we could donate said dollar to your 503(c).”
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You know, I wonder what would happen if they made a settlement offer, but the money was paid to him instead?
Curious minds want to know.