Team Kimberlin Post of the Day


Brett Kimberlin’s Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit came apart bit by bit as the various defendants received hearings on their motions to dismiss until The Dread Deadbeat Pro-Se Kimberlin finally gave up and dismissed the defendants he had been unable to serve with his complaint. A large group of out-of-state defendants were dismissed from the case in September, 2015, and Aaron Walker was dismissed in January, 2016. When the September and January dismissals occurred, Judge Mason ruled that one of the grounds for dismissal was Kimberlin’s failure to state a claim upon which relief could be granted, and that one of the reasons why he could not state such a claim for defamation was that his reputation as convicted serial bomber was so poor that he was defamation proof.

Four years ago today, most of the rest of the defendants, including me, were dismissed from the case, and I reported the dismissal with a Qapla’ post and another post titled A More Detailed Report.

* * * * *

I win.

Judge Mason granted my motion to dismiss in the Kimberlin v. National Bloggers Club (II), et al. RICO Retread LOLsuit. The dismissal is with prejudice.

The judge also granted (with prejudice) the motions to dismiss from Dan Backer and DB Capitol Service and from Lee Stranahan.

I’m sitting in the courthouse cafeteria with Lee Stranahan and Aaron Walker having a celebratory cup of coffee. I’ll post more details this afternoon.

* * * * *

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 judicata motion. 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.

* * * * *

SOL can stand for statute of limitation … or something else.

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