All of Team Kimberlin’s lawsuits fell apart simply because neither the facts nor the law supports any of their claims. The TKPOTD for five years ago today dealt with one of the more absurd bits of creative writing Brett Kimberlin put out to try to shore up the collapsing RICO 2: Electric Boogaloo LOLsuit.
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Yesterday was the deadline for The Dread Pro-Se Kimberlin to cut bait or fish with respect to his proposed amended complaint in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. He cut bait. Sorta/kinda. This is what he filed—
He says he can’t file an amended complaint, so he will supplement his original complaint with additional allegations. Here’s what Judge Hazel told him last year:
It is well-established, however, that a plaintiff cannot amend his or her complaint through the use of opposition briefs.
Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059-GJH, Memorandum Opinion (D.Md. Mar. 17, 2015), n, 3 at 12. We’ll see how far this motion gets.
Beyond noting that there is a certain magnificence to the scope of the hallucinatory nature of the plot TDPK tries to sell with this nonsense, I have no further comment on his filing.
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Footnote 5 of Judge Hazel’s Order dismissing the RICO 2 LOLsuit states this about the filing shown in the post (ECF No. 125)—
Plaintiff attemps to salvage his time-barred Complaint by alleging new facts in subsequent filings and briefs, see, e.g,, ECF No. 125, but Plaintiff “is bound by the allegations contained in its complaint and cannot, through the use of motion briefs, amend the complaint,” Zachair, Ltd. v. Driggs, (65 F.Supp, 741, 748 n.4 (D.Md. 1997), aff’d, 141 F.3d 1162 (4th Cir. 1998) (unpublished table opinion). The Court gave Plaintiff an opportunity to amend his Complaint , ECF No. 111, 119, and Plaintiff chose not to amend his Complaint, ECF No. 125.