Team Kimberlin Post of the Day


Team Kimberlin’s failures at lawfare aren’t limited to The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. All of the LOLsuits filed by The Dreadful Pro-Se Schmalfeldt have been spectacular sources of pointage, laughery, and mockification as well. The TKPOTD from two years ago today dealt with LOLsuit VII: Degenrations.

* * * * *

So the Cabin Boy’s™ LOLsuit VII: Degenerations has been voluntarily dismissed without prejudice. I’ll bet that the Cabin Boy™ thinks that means that he can still file another LOLsuit against Patrick Grady and/or Sarah Palmer alleging the same butthurt again. I’ll also bet that he would be wrong.

IANAL, but I can read a law book. When I read Federal Rule of Civil Procedure 41(a)(1)(B), I find these words concerning the effect of a voluntary dismissal:

But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as a adjudication on the merits.

IIRC, LOLsuit VI: The Undiscovered Krendler targeted both Patrick Grady and Sarah Palmer with claims that overlapped with LOLsuit VII. If I’m understanding FRCP 41 correctly, my characterization of “really most sincerely dead” applies to LOLsuit VII. With an adjudication on the merits res judicata should now apply.

res_judicata_mugsActually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).

The Cabin Boy™ really is giving The Dread Pro-Se Kimberlin a real contest for the title of World’s Worst Pro-Se Litigant™.

Everything is proceeding as I have foreseen.

* * * * *

And as I foresaw, the Cabin Boy™ didn’t learn much from LOLsuit VII, and the next year he filed LOLsuit VIII: Avoiding Contact. He lost that one too.

Has the Cabin Boy™ learned his lesson?

3 thoughts on “Team Kimberlin Post of the Day

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