Team Kimberlin Post of the Day

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.

35 thoughts on “Team Kimberlin Post of the Day

  1. 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.

    I had the first one as where they ask for a hearing on a “notice.”

  2. I feel certain Alan Highers and others from within the brotherhood would smile upon this situation. Alan as a debater in the 1960s was a marvel and he carried that into the courtroom. Stone-Campbell traditions surely lead to lots of lawyerly types.


  3. Had Kimberlin not served different versions of a document with the Court and with parties, not served the parties after the dates on which he stated to the Court they had been served and failed to serve the parties at all the Court would never have imposed the service requirement. He has no one to blame but himself for the fix he is in. Sometimes you have to smack a litigious donkey in the forehead with a judicial 2 x 4 to get his attention.

  4. When is respectfully submitted the same as under penalty of perjury and a required address. Why should a court care if you respectfully submit a motion? If Brett cares so much about Maryland rules, then follow them.

  5. Does Brett really thinks this will help his case or is he just trying to set the stage for appeal. That reply had so much whine you should ask if he wants some cheese with it. I would love for someone to mention to the judge how many briefs and replies he mail out as Plaintiff, to multiple entities, and not once complained about the cost involved. Hey Brett, I hear N. Korea is looking for a new Deputy Premier, you should send your resume, certified, return receipt of course.

  6. For a fearsome eater of presidential seals, seller of drugs, author of songs about ‘fucking teenagers’, and bombing/mailing/killing people, who thinks he’s ‘almost a lawyer’, he sure is a whiny bitch.

  7. Notice how Brett Kimberlin and Tetyana Kimberlin have not submitted their addresses and phone numbers in the signature block. Asking the Court for forbearance for violating one rule while continuing to blatantly disregard another doesn’t show much contrition.

    • What’s worse than presenting fabricated evidence to the court, admitting to such fabrication, and more or less daring the court to do something about it?

      Doing it twice.

      • Talking about doing it twice, Brett Kimberlin claimed to the Court that he resubmitted documents 196 and 197 under one green card, and, documents 203 and 204 under another. If the Court noted it cannot for sure match green cards to documents when multiple documents are alleged to have been submitted under one green card, how can the Court tell if either, or both documents were submitted in this piece of mail? Judge Mason may very well strike all four documents for a second time.

        My par assumption is that Brett Kimberlin is a liar, who is lying and scamming unless proven otherwise. After wondering why he would choice to submit two pairs of documents under one green card I could only surmise that perhaps Brett Kimberlin forgot to mail two of the documents, and, attempted to cover up that fact by claiming they were included as a second document in two other mailings!

    • We can always fill it in for him. How about 22880 Whelan Lane, Boyds, Md., Phone (240) 773-9799. Oops, that’s Montgomery County Corrections, my bag.

  8. So Brett whines about resending a dozen stricken filings, individually, because they’ve been stricken “without cause.” I looked up Judge Mason’s ruling from yesterday’s TKPOD. The Court says it only received four green cards from Brett… so at least eight of these filings should have been stricken anyway.

  9. I would love to see Aaron file a motion to strike all the new filings due to the lack of a proper signature block including the filing to complain about all the filings being struck for lack of green cards. Although that would most likely just piss off the Judge.

  10. If the Kimberlins had complied with the judge’s order, but simply had failed to file the cards, they could have easily had all of their stricken documents reinstated. Just file a list of the filed documents and corresponding numbers.

    If they had disagreed with the Court’s earlier order, they could have objected at the time the order was issued. They could have raised these complaints at that time, and the court would at least have considered them. They could have included a paragraph in all of their filings that they disagreed with the order and weren’t complying with it. Or they could have complied with the order and demanded recompense for their out-of-pocket costs, either from the court or from the Plaintiff.

    But they didn’t challenge the order when it was made. And they didn’t comply with the order. They ignored the order because it didn’t suit them to comply with it. Now that it has finally come to bite them, they have a problem with it.

  11. The phrase “…whole judicial cloth…” jumped out at me. It has the feel of a Schmalfeldtian turn of phrase, trying to be a colorful metaphor and completely screwing it up. I wonder if his hand has been in this document and others.

  12. The court has already been way too lenient with BK, whose incompetence and bad faith have added much unnecessary time and expense to judicial proceedings. Judge Mason should cut the Kimberlins no slack whatsoever and grant summary judgment to Walker.

    • Yes, the issue at hand isn’t whether, or not, Brett Kimberlin as a pro se defendant might not know the in-and-outs of the law. The issue here is simply whether, or not, he followed an explicit order by the Court.

      Further, I don’t see how Brett Kimberlin can plausibly ask for any slack for being pro se inasmuch as his latest argument is premised on the notion that Brett Kimberlin knows the rules of Maryland better than Judge Mason does! If Brett Kimberlin really knows the rules that well, he has no excuse whatsoever for violating them.

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