Team Kimberlin Post of the Day

The Dread Deadbeat Pro-Se Kimberlin has lost all four of the LOLsuits he’s filed against me. Today is the second anniversary of his fourth loss. This report from two years ago today outlines what occurred in court that day.

* * * * *

There was a hearing this morning to deal with open dispositive motions in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason has a very methodical approach to managing his docket. He proceeded to review the open motions in the order they were filed.

Docket Item 113 was a motion to dismiss from Dan Backer and DB Capitol Service (Dan’s law firm). Christina Sirois argued for her client that the court lacked jurisdiction over them because they were from out of state and that The Dread Pro Se Kimberlin had not established any connection to Maryland for them. She also went briefly point by point through the complaint showing how Kimberlin had failed to state a claim upon which relief could be granted.

Judge Mason asked Kimberlin why res judicata didn’t bar his claims and pointed out how the Court of Special Appeals had ruled against him on his appeal of the earlier Kimberlin v. Walker, et al. nuisance suit. Kimberlin became irate and accused the judge of favoring the defendants and saying, “You let Aaron Walker amend his complaint against me four times, but wouldn’t let me amend my complaint.” At that point, Judge Mason held up Docket Item 91 and asked, “Isn’t 91 an amended complaint?” The judge explained that he isn’t the advocate for either side. He’s the umpire who enforces the rules, and that Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.

The motion to dismissed was granted and dismissal was with prejudice.

Docket Item 116 was next. It was my motion to dismiss for failure to state a claim. Since I also had a second motion (177) relating to res judicata, the judge heard them simultaneously. Patrick Ostronic, my pro bono lawyer, briefly outlined the arguments in my favor. There wasn’t much TDPK could say, and Judge Mason granted my res judicatamotion. Dismissal was with prejudice.

Docket Item 121 was Lee Stranahan’s motion to dismiss for lack of personal jurisdiction. Lee explained that he was from Texas with no real connections to Maryland. Kimberlin responded that Lee had filed a lawsuit in Maryland, so he had submitted himself to the State’s jurisdiction. Lee pointed out that he had not filed any such law suit. When he was being harassed in 2013, he came Maryland and filed an Application for Statement of Charges which resulted in a Commissioner charging Bill Schmalfeldt. The Howard County State’s Attorney later dropped the charge. The judge informed TDPK that someone seeking the State’s protection by filing a criminal charge is not the same thing as filing a civil suit, that the State was a party in that case and not Lee. Lee’s motion to dismiss was granted.

Note: In explaining the situation leading to the filing of the Application for Statement Charges, Lee Stranahan gave Judge Mason an accurate summary of some of the harassment he and his family experienced.

At the end of the hearing, Kimberlin asked if he could get a final ruling so that he could appeal, and the judge noted that the case wasn’t over. Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.

* * * * *

Of course, the case was really over. TDPK appealed. And of course, the Court of Special Appeals affirmed Judge Mason’s rulings. The Court of Special Appeals taxed Kimberlin the costs of the appeal, and he hasn’t paid yet.

BTW, Murum Aries Attigit coffee mugs are available at The Hogewash Store.

11 thoughts on “Team Kimberlin Post of the Day

  1. I sometimes wonder how many swirlies Brett received in his school years. Triple figures I suspect.

  2. “The Court of Special Appeals taxed Kimberlin the costs of the appeal, and he hasn’t paid yet.”

    Of course he hasn’t.

    The one time I found myself in traffic court I was impressed at how merciless ‘The System’ was. The State will get its due. They will make you pay.

    Brett Kimberlin lives a charmed life. For now. Maryland courts are as sloppy as they are incapable of understanding that somebody is lying to their face.

    No harm no foul. Different rules for different folks. Nothing to see here. Move along.

    Unless you’re a law-abiding citizen who follows the rules.

  3. This is a generalized observation. If you adopt the term “deranged cyberstalker” in your Twitter handle thinking you’re being ironically witty, you’re not. You are, indeed, a deranged cyberstalker, and should be ashamed of yourself if you were capable of shame. #Observations

  4. Evidently the Fail Whale hasn’t been near a mirror in years, decades even. He doesn’t understand irony, he’s never been witty, and he has proven himself incapable of feeling shame. If I could buy him for what he’s really worth and sell him for what he thinks he’s worth I could retire and live like Bill Gates.

  5. Not that you have taken anyone’s sage advice in the past, neckless racist turd sniffer…

    I wouldn’t even bother unpacking. You won’t last a week before your uninhibited suck gets you fired.

    You’re welcome.

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