One of the bright spots of my defense of Brett Kimberlin’s vexatious LOLsuits was the support I received from the Gentle Readers of this blog. The TKPOTD for six years ago today dealt with one instance of that support.
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I’d like to thank the Gentle Reader who caught the amazingly stupid mistake The Dread Pro-Se Kimberlin made in his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness. Thanks for the heads up, and a special thanks for communicating it offline rather than in the comment section.
As the zombie says, this will be FUN!
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Now that the case is over, I can discuss The
Dread Deadbeat Pro-Se Kimberlin’s error. Stacy filed for dismissal under Rule 4 of the FRCP because TDPK had failed to serve him with a copy of the LOLsuit’s complaint. Kimberlin didn’t bother to address Stacy’s motion. Instead, he used the filing as a second surreply to the motions to dismiss filed by Aaron Walker and me. The Rules allow for a reply in opposition to a motion and a rebuttal to that reply. A reply to that rebuttal, called a surreply, is not permitted without permission from the court. TDPK had already filed a surreply to our motions to dismiss without the court’s permission, and his opposition to Stacy motion was a further flouting of the Rules. Aaron and I filed a joint request under the court’s case management order to file a motion to strike Kimberlin’s filing.
His misbehavior didn’t help him. The court’s very next filing in the case record was a Memorandum Order dismissing the case for failure to state a claim upon which relief could be granted.