Team Kimberlin Post of the Day


On 1 July, 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were thrown out on summary judgment because there was either no evidence to support them or because they weren’t valid causes of action, that is, valid reasons to sue. It turns out that including claims for invalid causes of action would be a common problem with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. The TKPOTD for six years ago today dealt with one such defect in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

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In fact, that July did see a lot of legal tussle which culminated in TDPK losing the first of the four LOLsuits he filed against me during August.

Everything proceeded as I had foreseen.

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