Team Kimberlin Post of the Day

So the Cabin Boy’s™ LOLsuit VII: Degenerations has been voluntarily dismissed without prejudice. I’ll bet that the Cabin Boy™ thinks that means that he can still file another LOLsuit against Patrick Grady and/or Sarah Palmer alleging the same butthurt again. I’ll also bet that he would be wrong.

IANAL, but I can read a law book. When I read Federal Rule of Civil Procedure 41(a)(1)(B), I find these words concerning the effect of a voluntary dismissal:

But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as a adjudication on the merits.

IIRC, LOLsuit VI: The Undiscovered Krendler targeted both Patrick Grady and Sarah Palmer with claims that overlapped with LOLsuit VII. If I’m understanding FRCP 41 correctly, my characterization of “really most sincerely dead” applies to LOLsuit VII. With an adjudication on the merits res judicata should now apply.

res_judicata_mugsActually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).

The Cabin Boy™ really is giving The Dread Pro-Se Kimberlin a real contest for the title of World’s Worst Pro-Se Litigant™.

Everything is proceeding as I have foreseen.

16 thoughts on “Team Kimberlin Post of the Day

    • Which part was the worst part, Schmally?

      Hoge has gone to trial once – never even had to put on a defense. in the other suits, his MTD was granted multiple times.

      Your suits have never gotten past an MTD. And your MTD in his suit against you was denied.

      And yet – he’s the world’s worst. For a guy who likes to claim he is smurt and in tell ee gent – you look like a fool each time.

      • Wasn’t his last voluntary dismissal due to we are killing him? He seems fairly healthy, so why throw in the towel this time? I bet his freebie lawyer was going to throw him under the bus for his bullshit.

  1. Ha ha….. the Cabin Boy seems right on schedule with the Johnnie Walker Red(vroom…vroom) tonite. How can he possibly see his record in court as anything but a series of undeniable 100% FAILURES??!!??

    I would love to hear his latest excuse on why he voluntarily dismissed LolSuit VII. He was positive this was the case that would stop his perceived enemies from causing him further butthurt. He even had the free use of an attorney but still couldn’t get it right. Since he views himself as a competent pro se litigant, let him explain exactly WHY he dropped the case. I’ll even say please.

    • His excuse? It will most likely be that the lawyer told him that because SO MANY people out there are SO OUTRAGED at his behavior that a jury will think that he DESERVED IT. You know, along the lines of Bill being like the girl who cried rape but the rapist got to get off because she “dressed wrong.”

      But in reality, his lawyer probably told him that HAVING YOUR OWN WORDS QUOTED BACK with said outrage posted alongside it only equals butthurt, and that butthurt IS NOT A TORT.

      Go figure.

    • You know, when even a ‘highly competent and experienced’ captive lawyer can’t put together a case, the putrid prospective plaintiff should try to accept the simple fact that it is wrong, and has always been wrong; that the putrid prospective plaintiff really doesn’t understand the law, and has never understood the law; and those ‘friends’ who encouraged the putrid prospective plaintiff were never real friends.

      And dementia. The putrid prospective plaintiff should try to accept the fact that dementia is dementia, and there isn’t a special dementia for special snowflakes.

      Even if it takes a whole case to make it sink in. (It’s red, *hic* *HIC*)

Leave a Reply