Now that Ron Coleman has rather effectively eviscerated what passed for any legal argument in The
Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in the Kimberlin v. Frey RICO Remnant LOLsuit appeal, we can spend the next few days engaging in pointage, laughery, and mockification of some of the nonsense in TDPK’s brief.
This is from p. 19 of Kimberlin’s brief—
Despite many media requests, the press and the public have no access to the summary judgment motions or exhibits used but the lower court to make its decision.
<plm>The opening phrase of that sentence is false. According to the case docket on PACER, no one—no reporter or news organization or blogger—not even an investigative journalist with 30 years of experience—has filed a motion with the District Court to unseal any portion of the record in the Kimberlin v. Frey case. It is true that Kimberlin attached a couple of emails from Matt Osborne and Bill Schmalfeldt pretending to be independent journalists wanting to report on the case to one of his motions to unseal the Frey discovery. However, two emails from associates of one of the parties as exhibits in one of that party’s motions is hardly “many media requests.”
Also, it is probably not true that the press does not have access to at least some of the exhibits related to the summary judgment. This blog has access to some of the discovery, because I provided some of it in response to a subpoena from TDPK. Further, when Kimberlin filed a motion to have me sanctioned for not giving him documents I didn’t have, the court ordered him to serve me with copies of those documents. I haven’t published them because I am bound by the protective order sealing them, so I would be in contempt if I did publish them.
TDPK’s last hope to get some sort of win out of his years of failed lawfare was to get some of the Frey discovery unsealed to that he can build one his false narratives around it. I looks as if he’s failed at that.</plm>
Meanwhile, he has until next Friday to file an informal reply brief.