Team Kimberlin Post of the Day


I’ve never been worried that Brett Kimberlin might actually win any of the LOLsuits he filed against me. He’s never filed a complaint against me that properly pleaded all the elements of any civil cause of action. In fact, the quality of the complaints he filed seemed to deteriorate over time. Only his first LOLsuit ever made it to trial, and five of the seven claims were thrown out on summary judgment.

During that summary judgment hearing, the judge took Kimberlin to task for failing to provide us with any actual statements we had published that defamed him. I posted this excerpt from the hearing transcript in the TKPOTD six years ago today.

* * * * *

The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading —

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.

MR. KIMBERLIN: And —

THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —

MR. KIMBERLIN: Yes.

THE COURT: — you’re worse than Al Capone.

MR. KIMBERLIN: Yes.

THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

* * * * *

Not only did Kimberlin fail to provide us any discovery showing any examples of false statement we had made about him, he was unable to provide any such evidence to the court during the trail. After he rested his case, the judge stopped the trial and granted us defendants a verdict in our favor, because Kimberlin had failed to present evidence to the jury of any false statements we had made.

Butthurt isn’t a tort.

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