All is still quiet on the courtroom fronts, so here’s another recycled TKPOTD from two years ago today. It deals with one of the fatal problems which has plagued all of The Dread Pro-Se Kimberlin’s LOLsuits—his inability to craft his false narratives so they seem plausible.
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The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.
This is footnote 9 in the H&W motion to dismiss,
The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.
But logic has never been one of the strong points in TDPK’s LOLsuits.
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TDPK waited until after the statute of limitations had run out to file the RICO 2: Electric Boogaloo LOLsuit, and Judge Hazel dismissed it for that reason. However, he also noted that
[e]ven if Plaintiff’s claims were not barred by the statute of limitations, Plaintiff has insufficiently pleaded facts …
Kimberlin v. Hunton & Williams LLP, et al., Case No. 15-CV-723-GJH, Memorandum Opinion, ECF No.133 (D.Md. Mar. 29, 2016) at 9. Thus, the judge granted both my motion to dismiss for lack of subject matter jurisdiction and my motion to dismiss for failure to state a claim upon which relief could be granted.
Everything proceeded as I had foreseen.
Nope.
Not really.
Williams & Connolly LLP nailed it:
“The Complaint is utterly factually devoid of factual allegations…”
FOLLOWED BY:
“Kimberlin concedes this factual disconnect…”
So what happened here? Hunter and Williams LLP hired Williams and Conolly LLP to smash Brett Kimberlin The Speedway Bomber in court. Done and done. No costs paid and no sanctions of any sort for the Kimbermeister.
But, because of the way you’ve written this, John, you seem to indicate Kimby lost because he missed a filing deadline. Not unreasonable for Team Kimberlin to shout, “HYPERTECHNICAL!” The way you’ve worded this El Kimbo lost on a technicality (which I’m not arguing with; don’t understand the rules DON’T play the game) not on the merits.
Hazel opens a door for both LLPs when he indicates that despite Brett’s mishandling of calendar deadlines THAT, “…Plaintiff has insufficiently pleaded facts…”
An open door you say? Why yes. Yes I do (so note-). What did Hunter and Williams LLP do after? Nothing. What did Williams and Conolly LLP do after? Nothing. Nothing after the fact. They ate the time and effort. Case closed. All costs borne by two (at minimum) law firms without any further recourse. Glad they can afford it. Not like two legit law firms could go after a ‘poor pro se’ and make him uncomfortable being dragged into court over subsequent actions. Maybe ‘the law’ doesn’t provide for going back at somebody with not justifiable basis. Oh, wait a minute…
Suckers.
That’s right. I said it. Two legit law firms, I’m NOT going to say ‘high-powered’, got smacked by Brett Kimberlin. He cost them more than they cost him. Little man in the street stood up to the Corporcracy and fought them to a draw.
And that’s what’s at the heart of all this.
Note Schmalfeldt crowing on LOLSuit VIII (roughly-), “If I win good if not then I’ll go on to marry the love of my life and live my days happily out.” No thought whatsoever by Parvocampus that frivolously filing LOLSuit VIII: Avoiding Contact will cost him, personally, down the line. Given what Bill has seen in RICO 2 I don’t blame him for thinking that. Hell it worked for Brett.
And here’s what really bothers me: Hunter and Williams LLP and Williams and Conolly LLP, let’s just say they’re candy-asses. But both firms have businesses to run. I do understand cost/benefit. Brett isn’t worth future time and effort.
But Glenn Beck? That guy has a coupla’ bucks. If I’d been in his shoes I’d have looked at my lawyers and said, “Here $150k. See how far you can make it go. Drag Brett through Discovery and every other thing you can think of. Let me know where you are at the end of $150K and we’ll discuss whether to go forward.” I like Glenn. He talks lots about ‘Not Left or Right but Right or Wrong.” Damn, I’m disappointed.
“I feel like a lawyer”, Brett says- Hell, based on his results I wouldn’t bother with the Bar exam either. Think I’ve made this point before.
He’s winning.
My hope is that ‘Case first, blog second’ means everything I’ve written here is wrong.
I don’t believe that Kimberlin is winning.
Each of his LOLsuits has been unprofitable for him. Not only has he lost them in court, but it appears that the publicity has been much more costly to him that to his adversaries.
The original theory behind Kimberlin’s lawfare was that a pro se litigant could use the courts to intimidate people with little experience with legal matters, that the threat of a lawsuit would chill their online speech. Or such a lawsuit would cause a media company to make the business decision to leave a certain topic alone.
Kimberlin has certainly failed to intimidate Aaron Walker, Stacy McCain, Lee Stranahan, Ali Akbar, or me, and given his recent mentions in stories by media organizations such as The Daily Caller, he’s failed to convince corporate entities that he should be immune from coverage.
I take your point and stand corrected.
You’re a good person w, appreciate the thoughts.
Remember, defeating tyranny has no price..
Regardless of what’s happened, his reputation as a litigious former domestic terrorist is more and more entrenched.
Glen Beck was too busy buying the Maybach; and driving his company into the ground to take any action.
Well, Limbaugh got one, what’s Beck supposed to do?
http://kimberlinunmask.com/files/remembering-brett0027s-big-win.jpg
Note Schmalfeldt crowing on LOLSuit VIII (roughly-), “If I win good if not then I’ll go on to marry the love of my life and live my days happily out.”
Sooooooooo, when are the nuptials? I guess, once again, we see the value of William “I want to urinate on children” Schmalfeldt’s word. Zero. Nada. Zilch. That poor……thing….he roped into taking care of him thought Bill wasn’t lying when he said they would get married and get the meth mouth fixed. Bless it’s heart, guess it never googled Bill Schmalfeldt and didn’t know what a habitual liar he is.
The Deranged Cyberstalker Bill Schmalfeldt has put himself into quite the pickle. He said he would marry xer… and, *then* have xer meth-mouth fixed.
Problem: The Blob absolutely despises jacked-up chicklets. So, he just can’t bring himself to follow through on marrying xer as xhe repulses him something awful – however, marrying xer is the *only* way either one of these gubmint-leeching, pathetic, wastes-of-space would be able to afford to have xer revolting gob fixed.
Quite the quandary.
WARNING: NSFW!
BE SURE TO HAVE EYE BLEACH READILY AVAILABLE!
YOU HAVE BEEN WARNED!
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[image redacted—wjjhoge. I have to have some standards around here.]
#RESIST 😳
Some large facial pimples are called beauty marks in swinenoria
Others call them festering ooze
Heh. Swinenoria.
Everything about xer just screams unhealthy lifestyle – and, an utter lack of even the simplest of effort put towards cleanliness and hygiene.
Do those two disgusting bums ever bother to get out of their pajamas when they are indoors? Good grief. *smh*
“[image redacted—wjjhoge. I have to have some standards around here.]”
LOL! I completely understand, Gentle Host.
Wow. BS tweets this anonymous account from time to time. It looks like this guy is ok with the rape of a special needs five year old girl, as long as the rapists are minors. I’m not surprised that BS is a fan.
https://twitter.com/turkresisting/status/913504447497633792
He’s all about the child rape thing
Envious failed reporter, and unemployed transient Bill Schmalfeldt, continues his five year campaign of harassment against reporter Lee Stranhana, former White House correspondent for Breitbart. Bill has been busy racking up 12 restraining orders and offering to pee on a woman’s children. Really.
https://twitter.com/DJ_Littlefinger/status/913504095150977024
Note that BS is thinking about Stranahan’s nether regions.
Again.
Always. Or so it seems.
Phone, train.
Sonoran Conservative has more:
https://sonoranconservative.com/2017/09/28/isnt-that-a-shame/#more-12508
The funny part is that this guy supports blocking and block lists, as long as he’s not on them, and blocks people based on who they follow. In between, of course, jumping in to harass people who have never bothered him and posting videos yelling, “Vruuuuuuuuck yaouuuuuuu Greeeendlerrrrrrr!”
Oh, I forgot: trying to clean up all the stashes of Japanese anime incest porn that he’s forgotten about, which he interspersed with photos of infants and toddlers.
“Aryan”? They’re Iranian? Including the black anchors?
Protip: it’s a good idea to look up words one doesn’t truly understand.
https://twitter.com/DJ_Littlefinger/status/913530243234828288
That’s called “pretty” DUMBF*CK. Not that you’d know anything about that, or Harris Faulkner.
Not to mention all of those other long blonde haired, fair-skinned, “Aryan” gals: Lauren Green, Arthel Neville, Eboni Williams, Andrea Tantaros, Maria Molina, etc.
And, the dudes: Juan Williams, Kelly Wright, Charles Payne, Kelly Wright, etc.
Why is the Deranged Cyberstalker Bill Schmalfeldt sooooo obsessed with skin color? HE is part of the problem.