Team Kimberlin Post of the Day

The Kimberlins have filed Defendants’ Strong Opposition to Continuance of Trial Date in the Walker v. Kimberlin, et al. lawsuit. I have a strong wish to fisk their filing.

In paragraph 1 The Dread Pro-Se Kimberlin seems shocked … shocked that there is gambling … wrong commentary … shocked that the plaintiff would file a motion that would be to the plaintiff’s advantage. This may be the least illogical paragraph in the whole thing.

Paragraph 2 reminds the court that the Kimberlins earlier sought to move the trial date up in an attempt to short-circuit the discovery process. Given that the reason for Aaron Walker’s seeking a continuance is to deal with issues caused by the Kimberlins’ diddling with discovery, it may not have been the wise to remind Judge Mason of their previous frivolous motion.

Paragraph 3 is a lie. I know that its a lie because I mailed TDPK a copy of Citizen K (Kimberlin’s authorized biography—he said that he didn’t have a copy during the discovery for Kimberlin v. Walker, et al. in 2014.) as a part of Aaron’s service of interrogatories on TDPK. I mailed it simultaneously with Aaron’s mailing of the rest of the discovery requests, and I mailed it in June, before the drop dead date for service of such requests.

In paragraph 4 the Kimberlins tell the judge that subpoenas won’t be complied with. Let’s just say that it would be foolish for TDPK to believe that some of them haven’t already produced results.

In paragraph 5 TDPK asserts that it is “fantasy” for Aaron to have suggested that the court will grant either his request for default or his motions for summary judgment on the 30th. Perhaps. It’s also not true that Aaron has said the court will. He has asked the court for a continuance if it does not grant either default or summary judgment.

Each of the items mentioned in paragraph 6 that the Kimberlins don’t want to hand over is connected to allegations they made in their false Applications for Statement of Charges or is something that reasonably could lead to the discovery of admissible evidence for a trial. That makes every bit of it fair game for discovery.

Paragraph 7 informs the court that the plaintiff filed the lawsuit. I’ll bet the judge knew that plaintiff’s initiate lawsuits even before he was a first-year law student. However, Aaron has not had adequate time to prepare his case because the Kimberlins have continued to diddle with discovery. The reason for a three-month continuance (in the unlikely event that the case isn’t over on the 30th) would be to give the Kimberlins some time to properly respond to the still pending discovery requests and to give Aaron some time to finish preparing the case based on the evidence developed in discovery.

Paragraph 8—I have no sympathy for the Kimberlins having a lawsuit hanging over their heads since February, 2015. I’ve had one or more lawsuits filed by TDPK hanging over mine since August, 2013. Even the first suit, Kimberlin v. Walker, et al., which we won in August, 2014, was still twitching early this summer. I was dismissed from the Kimberlin v. National Bloggers Club, et al. (I) suit in federal court in March, 2015, but I still have a motions for sanctions pending against me in the Kimberlin v. Frey remnant of the case. TDPK filed that motion in January, 2016, because he was unhappy with information I voluntarily provided rather than ignoring an improperly served subpoena. I was dismissed from the Kimberlin v. Hunton & Williams LLP, et al. lawsuit in federal court last March, but TDPK has appealed that case to the Fourth Circuit Court of Appeals. Although he has said in a footnote that I’m not a part of the appeal, he hasn’t dismissed me from it. I was dismissed from the Kimberlin v. National Bloggers Club, et. al. (II) lawsuit in state court as well, and TDPK has filed an appeal in that case. Come to think of it, the bogus peace order petition counts as a civil suit as well.

The real fantasy in filing is in paragraph 9. If TDPK really thinks there’s a reasonable chance that his motion for sanctions will be successful on the 30th, he may [redacted].

Everything is proceeding as I have foreseen.

28 thoughts on “Team Kimberlin Post of the Day

  1. Losers fantasize that other people will see things the way the loser wishes. Actual lawyers strategize from the position that opponents’ subpoenas will be complied with.

    An interesting quality of losers is that they’re rarely surprised when they lose. They’re used to it. They’re just angry and hateful. They’re used to that also. Some people figure this out before the end of their life. They get tired of being losers and decide to join normal humanity. You know… no lying, no cheating, no swindling, no child-molesting, no murdering, etc. Unless the loser happens to be a sociopath. In that case they should just be locked up and away from normal society.

  2. May I hijack the TKPOD for a moment? Just to get the word out? From a phone-

    The Kimberfest 2016 Dinner features an array of ingredients from the Pacific Northwest to the Atlantic Coast. With a mindfulness to coming court dates, White House Executive Chef Cris Comerford and Executive Pastry Chef Susie Morrison, both on loan to a ennobled audience convening in Maryland, will present dishes highlighting elements of the season and the best of America’s farms and seas. Dinner and dessert will be served on the Hoge China Service.

    The first course is a baked Alaskan Halibut “Casserole” accented with delicate angel hair asparagus, chanterelles and spring onion from a nuns’ farm in Ohio, and garnished with herbed butter sourced from Krendlers Garden. This will be served in individual tureens from the Worthing China service; this occasion is the first time these tureens have been used.

    The next course is a composed salad of thin slivered, roasted apricots in ginger, cardamom, and BillySez Honey, with crystal lettuce, young arugula, and variegated spinach. It is garnished with pine nut crisps and shaved Appalachian cheese from Galax, Virginia. With sweet and salty, and soft and crunchy, all in one dish, the salad has a wonderful juxtaposition of flavors and textures. Cousin Roy says so.

    The main course highlights tender lamb Jane raised in Colorado, accented with an herb crust. It is accompanied by Yukon Gold potato dauphinoise and lightly sautéed varieties of spring vegetables. As a finishing touch, the dish is drizzled with Yukon Jack Canadian Whisky which you can’t find in Wisconsin.

    Keeping with the dinner theme, the dessert course reflects the memory of diddled services and celebrates the coming of final court decisions. Guests will be served a cake with delicate nuances of toasted Texas (where men are men and California Progressives fleeing California (because it’s Progressive) haven’t turned the state blue) pecans and caramelized New England, which is regrettably close to Maryland hence the same kind of court idiocies, maple syrup. The cake is accompanied by creamy, butterscotch swirl ice cream, vanilla scented California strawberries picked by child labor, and a crispy cocoa nib wafer crafted by William McShakespeare.

    Inspired by the splendor of American countryside, which extends from Wisconsin to Maryland, “A View from the Mountain Top” is a sugar sculpture, handmade by Dave Alexander, that illustrates the region’s breathtaking scenery. And also from Maryland to Maryland; who’d of thought? Using a variety of pastries with American and Canadian influences, the display depicts a dramatic landscape surrounded by stunning wilderness, missing green cards (ummm… thanks for the catch Joe; I’m on it), forested basins biked by Dave Edgren, and lush valleys mirrored with turquoise waters. Included in this design are cranberry squares, white chocolate snowballs, golden raisin tarts cooked by SPQR, eur de see caramels from Ashterah, and chocolate coconut slices suggested by Neal. All that despite being hypertechnical.

    Now you’re saying, “This looks suspiciously like a White House dinner (a few of you attended).” And you’re right. Good enough for Prime Minister Zoolander, Canada, it’s good enough for us. Plus- I liked the menu. Double-plus that White House staff came CHEAP because their boss was out for the evening personally wrapping bundles of large, and unmarked, bills for Iran in a Baltimore crackhouse basement. Low vis and all that. Feelin’ me? Omar comin’-

    But I digress.

    Dinner is at 6PM local on 28 September and attire is business formal. Coats, ties and dresses please- It’s up to us to preserve what we can of Western Civilization.

    And. Know this: I decided AGAINST formal seating arrangements. Sit where you want and where you can. Know that guests scattered across all tables, in addition to all of you, include:

    George Clooney Mitch Rapp
    Stephen Hawking (WJJH insisted; so I did it)
    Larry Ellison Robert Downey Jr. (if you can tell these two apart introduce me to Larry)
    George W Bush Justice Thomas
    Markos Moulitsas Glenn Reynolds
    Karl Rove Megan Kelley
    Tyler Durden Glen Beck
    Mark Wahlberg Chris Pine
    Ben Bernanke Roosh
    James Lileks DeRay McKesson
    Damien Lillard Gandalf
    Jessica Alba Hugh Hewitt
    Henry Kissinger John Snow
    Pete Mitchell Cindy Lopez

    Cocktail hour in our fully hosted bar starts at 4:30.

    Dinner ends at 9:30 whereupon there will be dancing, for those who want to, accompanied by the London Philharmonic. After midnight you’re on your own BUT I did ensure the pool remains open. With a fully hosted bar, of course- Peace be upon our sponsors (whom I WILL acknowledge. Later.).

    Next post: Breakout Session Agenda(s).

    I now return you to your regularly scheduled programming. Thanks, Mr. H-

      • In a sense, that’s what a couple of Aaron’s motions state. His motions for summary judgment argue that there are no disputed facts to be found among the admissible evidence. With no facts to try, the court can rule in his favor as a matter of law. If the court grants those motions on the 30th, the only thing left to be determined is the amount of damages. It’s unusual for a court to also award damages when granting summary judgment, but it can.

    • Unfortunately for that hope he’s only appearing before a human judge, not the Ultimate Judge. That day will come though.

  3. It may have been foolish to announce that subpoenas will not be complied with. It’s not that I am certain that all subpoenas will be complied with. It may very well be true that some subpoenas will not be complied with.

    But the natural interpretation of the announcement is that if the judge orders compliance, the order will be flouted deliberately. For some reason or other, I feel that may not go over well with either the trial court or the appeals court.

  4. I really can’t figure out what the PedoBomber thinks he has to gain by filing these asinine Motions.
    Is he really that stupid and arrogant to think he can get away with flaunting the Law, filing insane Motions and screeds?

    I mean logically, the only thing I can think of is, he is really and truly just a Egotistically Moron, that thinks that he can get away with it, with no repercussions to his actions.

  5. In paragraph 4 the Kimberlins tell the judge that subpoenas won’t be complied with. Let’s just say that it would be foolish for TDPK to believe that some of them haven’t already produced results.

    So he has control over third parties when it comes to them compiling with these subpoenas?
    If so it sounds like witness intimidation/tampering to me.

    There has to be something that BK does not want known that will come out via one of those subpoenas.

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