Team Kimberlin Post of the Day

Here’s another bit of fisking of The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. He makes the following patently false assertion on p. 19—

There is no provision under law that allows a party to appeal under seal in normal civil matters such as the instant case.

Bullshit! Not only is filing an appeal under seal allowed, it is required in some cases. Here’s what Federal Rule of Appellate Procedure 25(a)(5) says—

Privacy Protection. An appeal in a case that is governed by … Federal Rule of Civil Procedure 5.2 … is governed by the same rule on appeal.

The relevant parts of Federal Rule of Civil Procedure 5.2 read as follows—

(d) Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

(e) Protective Orders. For good cause, the court may order in a case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court.

It’s clear that Judge Hazel acted within the parameters of FRCP 5.2 in issuing a protective order and requiring certain filings to be sealed in the RICO Remnant LOLsuit. It’s also clear from FRAP 25(a)(5) that the Fourth Circuit has acted properly in maintaining the lower court’s seal.

But TDPK argues otherwise.

Stupid is as stupid does.

14 thoughts on “Team Kimberlin Post of the Day

  1. It’s hilarious that he wastes time and space arguing about sealing instead of the merits of his actual case ….. why, it might make one believe that his only purpose is frivolous publishing discovery ….

    • Oh no, it’s not frivolous at all! The hardly regarded journo team of Billy Boy Unread is dying to share the private emails Brett has probably already provided. After all, this is not about winning the appeal,it’s about weaponizing Frey’s emails.

  2. People always say he trained as a paralegal in the joint; and wrote briefs for the mob there, and has filed 100’s of lawsuits.

    It’s all bullshit.

    He’s an idiot with delusions of grandeur. He doesn’t know the law. His “100’s of lawsuits” were all loads of shite. His claims of aiding mobsters is also just lies he uses to puff up his reputation.

    He’s a hack .

    The only thing he does worse than his amateur lawyering, is his musical career.

    That and relating to normal age woman.

  3. It occurs to me that according to the truck rule, now that the door of the question of why the documents should (or should not) remain sealed has been opened by one side, the other side is allowed to drive the truck of past history of seal violations through that door.

  4. Only a self absorbed convicted felon would think he knows more about Federal Law than a Federal Appeals Court judge. Amazing!

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