Napoleon once noted that one should not correct one’s enemy while his is making a mistake. The TKPOTD from four years ago today provides an example of that principle.
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Last Friday, The Dread Pro-Se Kimberlin sent a letter to Judge Grimm seeking permission to file the proposed Rule 11 sanctions motion which he served on Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. He also filed a pleading called Plaintiff’s Response to Defendant Twitchy’s Memorandum.
The lack of attention to detail is stunning.
First, Judge Grimm’s case management order specifically requires that the title of each opposition or reply paper refer to the pleading it addresses by name and docket number. Several memoranda have been filed on Twitchy’s behalf, but TDPK doesn’t say which he is responding to.
Second, Twitchy isn’t yet a party to the lawsuit. You can look it up on PACER; Twitchy’s not listed. It won’t be a party until after TDPK’s second amended complaint is accepted. If it is accepted.
Third, as I’ve mentioned before, TDPK seemed to be having trouble remembering who is the
plaintiff planitiff and who is the defendant in the suit.
Fourth, in an earlier order Judge Grimm said that papers that were not properly served on opposing parties would not be accepted. Guess what? TDPK has diddled with service on both his pleadings filed last Friday.
The version of the certificate of service for his response to the Twitchy memorandum that was filed with the court looks like this.The version mailed to me looks like this.Note the date change. He’s told the court one thing and acts as if he thinks he can get me to believe something else.
Here’s what the envelope looks like. Note that it is postmarked on the 12th.Here’s what the first paragraph of the letter about Rule 11 sanctions that was filed with the court looks like. Note the handwritten correction.Here’s what the same paragraph looks like in the version of the letter sent to me.The handwritten correction is missing, and so are Exhibits A and B in the package sent to me.
All this presents an interesting quandary to me. I could seek permission from Judge Grimm to point out how Kimberlin is still diddling with service in violation of the his instructions. That would probably get some of TDPK’s stuff thrown out. OTOH, these pleadings are so poorly written that I believe they actually help my case. It’s probably in my best interest for Judge Grimm to read this dreck.
For now, at least, I’ll do nothing to rescue TDPK from his own folly.
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Everything proceeded as I had foreseen.