The Kimberlins have filed the following motion to whine in the Walker v. Kimberlin, et al. lawsuit—
There are several things here that deserve to be singled out for pointage, laughery, and mockification.
The first big laugh lines are in paragraph 4 where the Kimberlins try to come up with some reason why Judge Mason overstepped his authority in establishing the service by certified mail requirement. As I noted in yesterday’s TKPOD, there is case law establishing a court’s inherent power to manage its docket. The notion that there is no law or rule allowing the judge to impose the certified mail requirement is 180-degrees out from Reality. The established precedents say that the court has the inherent authority to issue such an order unless there is a law or rule restraining it. The bit about the defendants having “scoured the rules and case law” is obvious bunk. I found the case I cited yesterday in less than a minute using Google Scholar.
“Defendants believe that the Court’s certified mail order demonstrates actual prejudice against them by the Court.” They may believe that, but if they do, they’re wrong. Their problem is that Reality is prejudiced against them. They told lies that caused false charges to be filed against Aaron Walker. The result was that they are now being sued for malicious prosecution. They told lies about service of court papers. The result was that the judge issued an order requiring parties on both sides of the suit to serve court papers by Certified Mail and to file the green cards as proof of service. They failed to file the green cards in such a way that the court could make heads or tails of them. The result is that the judge did what he said he would do and struck their non-compliant filings. Brett Kimberlin is a scofflaw, but the Law of Cause and Effect always wins in the end.
Finally, I got a real chuckle out of The Dread Pro-Se Kimberlin assertion the court’s previous failure to enforce its green card order because Aaron Walker had not complained sooner constitutes some sort of waiver of Aaron’s right to ask the court to enforce its order. IIRC, TDPK has an appeal at the Fourth Circuit in which he alleges that the failure of the Senate’s leadership to move on the Garland nomination to the Supreme court has waived their constitutional right to advise and consent to the nomination. It appears that Kimberlin’s standard for whether something is waived … oh, never mind.
Everything is proceeding as I have foreseen.