Yesterday’s TKPOTD was from seven years ago and dealt with Brett Kimberlin’s continuing inability to properly frame a cause of action for his LOLsuits. Today’s TKPOTD also reaches back seven years. It deals with one of the reasons why Kimberlin should have known he had to plead with particularity by the time he got the his later cases.
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In yesterday’s TKPOD I quoted The Dread Pro-Se Kimberlin’s inadvertent admission that he has no case in the Kimberlin v. The Universe, et al. RICO Madness.This is not the first time TDPK has run aground on the shoals of particularity. During the first day of the Kimberlin v. Walker, et al. nuisance lawsuit trial, Judge Johnson explained the requirement to him. The Gentle Reader may remember that TDPK lost that trial via a directed verdict in favor of the defendants because he could not produce a “scintilla” of evidence to support his case.
The Walker, et al. case was a walk in the park compared to what will be coming Kimberlin’s way if the RICO Madness survives the motions to dismiss. There will be discovery, and it will be more interestingly focused. There will be depositions. There will likely be counterclaims. Parties may be added as counterclaim defendants.
Of course, TDPK could come to his senses and dismiss the suit. There is still time. The ram has not yet touched the wall.
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Pigheaded? Stupid? Or Both?