Here’s Judge Mason’s order striking almost everything the Kimberlins had filed in the Walker v. Kimberlin, et al. lawsuit from their answer onward.
On Wednesday, The Dread Pro-Se Kimberlin refiled what was stricken, claiming that he has properly served Aaron Walker this time and that he can provide traceability of each filing to a Certified Mail green card. We’ll see how that goes.
He’s also filed a whiny motion complaining about how expensive it was to comply with the court’s instructions and also questioning whether the judge has the authority to order that all service be by Certified Mail. Of course, it’s well-established that a court has the inherent authority to manage its docket.
Except as limited by statute or rule, a trial court has inherent authority to control its own docket. A rule authorizing a litigant to file a procedural motion for this purpose in one respect or another should not be construed to prohibit the court from accomplishing the same object sua sponte unless such construction is compelled by clear language. An illustration of this principle is Link v. Wabash Railroad Company, 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). That case involved Rule 41(b), Fed. R. Civ. P., which provides that “the defendant may move for dismissal of an action” for, inter alia, failure of the plaintiff to prosecute the action. In Link, the trial court sua sponte dismissed the action because of the plaintiff’s failure to prosecute. In the Supreme Court, the plaintiff argued that, because the rule expressly referred only to a motion by the defendant, the rule “by negative implication” prohibited a dismissal by the court sua sponte. 370 U.S. at 630. The Supreme Court rejected this construction of the rule, pointing out that neither its language nor its policy required a construction abrogating the inherent “power of courts, acting on their own initiative, to … [control] their calendars,” ibid.
—Goins v. State, 293 Md. 97, 111 (1982).
Even if the court accepts the refiled papers, most of them are now untimely. For example, the Kimberlins’ answer to the complaint is now months late. We shall see how many—if any—of these now overdue filings come back in.
What was it that Stacy McCain called Brett Kimberlin? Oh, yeah—The World’s Worst Pro Se Litigant™.