Team Kimberlin Post of the Day

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).

popcorn4bkEven 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™.

35 thoughts on “Team Kimberlin Post of the Day

  1. And now, a little after midnight, (Well…11PM for me but why quibble?) I get the new days TKOTD read and things are GOOD for TFS!

    Kimberlin has pushed too hard against the judge, he now can deal,with the fall out!

    • Maybe he’ll have “hundreds of lawsuits” filed against him for the rest oi his life.

      Wouldn’t that be a shame?

      • What I’m getting out of Defendant Kimberlin’s filings are all statements against the interest of all of Plaintiff Kimberlin’s filings. Interesting how that works. Intriguing, even.

  2. Good to see the Tiny Pedo take a legal thrashing. Wonder if he’ll ever figure out his old brass knuckle management lawfare doesn’t work so well anymore. Probably not.

    • I would like to think that Brett Kimberlin has received a “legal thrashing.” But, I haven’t a clue as to what Judge Mason is going to do with Kimberlin’s belated filings. Without knowing how those filings will be handled, what precisely is the meaning of “to the extent that any motion is properly served, and is ripe for ruling by Friday, Sept 30th, arguments for that motion(s) shall be heard…?”

      • Gotta go with BigSkyBob here. The judge has flexed his muscle and gave the tiny pedo the whack that he deserved, but he did leave the door open for him to refile, which he claims to have done. Are the responses now time barred? Yes. Will that matter to the judge? Magic 8 balls says, “Answer unclear”. You know, cause Maryland.

        • Aaron will have to go to the trouble of objecting to the time barred motions, and the probably faked green cards. Anyway I predict BK took a psychopath shortcut with at least one or two.

          • While nominally adhering to the Judge’s order belately, Brett Kimberlin continued to demonstrate that he will not internalize the Judge’s instruction one iota. To wit, [redacted.] That was psychopathic.

            I wonder now that Brett Kimberlin has made it known that he will yield to a Judge’s authority if he strikes filings, could Judge Mason do likewise with filings that include scandalous and impertinent matters?

  3. “Wherein the Honorable Michael Mason Resolves Not to Take Any More of Brett Kimberlin’s Sh1t”

  4. It is quite rich the same pro se plaintiff who suggested his targets settle to avoid the cost and complexity of facing a lawsuit is now objecting to having to pay thirteen bucks, or so, for each filing.

    Well, here is a suggestion for Brett Kimberlin: if he finds paying for certified mail, restricted delivery to burdensome, then, perhaps, he should consider settling.

  5. Brett Kimberlin: Why can’t my victims just sit there and take my abuses? This is not fair! They’re not supposed to be fighting back.

    • I just realized something. This is what roofie attackers probably say. “Whoa these roofies are not working. They’re fighting back? Dang, I’m so going to get in trouble now.”

  6. Hmm… could it be that The Sawed-Off Pedo Bomber is suffering from a case of “strickening” poisoning?

    Couldn’t have happened to a more deserving Sawed-Off Pedo Bomber…

  7. In don’t know about you, but if I were a party in a lawsuit and certified mail REALLY was cost prohibitive, I would be requesting an exemption within minutes of that order.

    • When BK gets an order he doesn’t like, he just ignores it. But he will certainly demand enforcement as it applies to anyone else.

  8. The Dread Pro-Se Kimberlin’s objections to the issuance of the subpoenas didn’t count for much either. They were all issued the same day as Walker’s request — another example of The Dread Pro-Se Kimberlin “Winning.”

    • Hey, that’s right-

      And do assets become discoverable upon assignment (to WJJH)? AND, would that lead to bouncing income statements against non-profit statements/reporting?

      Asking for a friend.

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  10. If the court accepts any re-filings, I request Aaron to minimally request Brett re-print them and add address and penalty of perjury requirements and T.K. also. For an appeal seperately, I don’t think Brett would have issue claiming T.K. didn’t know what she was signing and didn’t sign under penalty of perjury making her filings void. Yeah, out of the left field, but this is a vexatious litigant and his goal is to extend, extend, extend.

    • Playing lawsuit games with the courts in order to cost your opponents time, money and aggravation rather than to win only works when you’re a vexatious, pro se plaintiff. Using that strategery as a defendant pretty much guarantees you will be a LOSER. That’s not new for this crew but this time it will cost them something. Hopefully the cost will be high enough to make them change their ways or at least render them unable to harass anyone ever again.

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