Team Kimberlin Post of the Day


The biggest problem that Team Kimberlin has had with their LOLsuits is their lack of understanding about how to plead the who, what, when, and where of the various elements of the torts they have alleged. The TKPOTD from three years ago today dealt with The Dread Deadbeat Pro-Se Kimberlin’s inability to properly allege anything against me in the RICO Retread LOLsuit.

* * * * *

I originally wasn’t the central character in the Dread Pro-Se Kimberlin’s RICO Retread LOLsuit in the Circuit Court for Montgomery County, but after the hearing on 3 September, 2015, TDPK moved me to the center of the alleged conspiracy. Here’s why.

THE COURT: Okay, so what I will do is I’m not going to rule or decide your motion one way or the other, because as it’s currently pled I think it’s insufficient for me to decide whether he’s got a claim against Hoge or not. So I’m going to allow him to amend as to Mr. Hoge to see if he can allege something specifically that he has done without and actually I won’t decide this one way or the other. So we’ll just wait until he files his amended complaint and then I’ll take up well actually I guess you have to refile it as to the amended complaint. But I’ll leave this for the time being sitting here because if I dismiss the complaint as you then everything else goes automatically and we might as well dispose of some of these other things that we have this morning.

MR. OSTRONIC [My Lawyer]: Do you have a time, Your Honor?

THE COURT: Fifteen days ought to be — I mean, this has been kicking around for years.

MR. KIMBERLIN: Yeah, that’s fine.

THE COURT: Okay, so you’ve got 15 days.

MR. KIMBERLIN: That’s perfect.

THE COURT: But keep in mind it can’t be complaints to officials requesting investigation.

MR. KIMBERLIN: Right.

THE COURT: It can’t be coming to court.

MR. KIMBERLIN: Right.

THE COURT: It has to be something specific that he said —

MR. KIMBERLIN: All right.

THE COURT: — that accuses you of committing crime, not past crimes you’ve been convicted of —

MR. KIMBERLIN: Right.

THE COURT: — but some —

MR. KIMBERLIN: Some new crime.

THE COURT: And it has to be, you know, not a suggestion. His opinion that maybe you or people with you might be behind this. If it’s couched like that it’s not going to be enough so —

MR. KIMBERLIN: Right.

MR. OSTRONIC: Your Honor, will it also have to be conspiratorial?

THE COURT: Pardon me?

MR. OSTRONIC: It has to be conspiracy too, correct, he has to allege the elements of conspiracy?

THE COURT: If he wants to bring the other people in with it. But if he alleges your client defamed to him —

MR. OSTRONIC: Then this wouldn’t be the proper venue.

THE COURT: Well, if he has anybody else that he can tie to that. I mean, if there’s more than one defendant he can make that argument, okay.

MR. OSTRONIC: Thank you, Your Honor.

THE COURT: Yes, I mean if all you’re left with is Mr. Hoge, he’s right, then you’ve got to go to Carroll County.

MR. KIMBERLIN: Right.

His amended complaint was pretty slipshod. We’ll see what the court thinks of it soon enough.

* * * * *

In some ways TDPK’s amended complaint was worse than his original. Every one of his allegations against me involved my asking the authorities to conduct an investigation, an my expression of protected opinion, or something barred by res judicata because of the previous Kimberlin v. Walker, et al. LOLsuit. In fact, the suit wound up being dismissed against me on the basis of res judicata.

TDPK once claimed in an email to Patrick Frey that he had filed over a hundred lawsuits. He lost the vast majority of them.

2 thoughts on “Team Kimberlin Post of the Day

  1. From the perspective of dragging out a doomed, baseless case, I suppose you’re correct that TK’s biggest problem is the inability to properly plead it. But if one is actually trying to get a judgment, I think a bigger problem is the lack of a case to plead.

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