The Circuit Court in Montgomery County let the Kimberlin v. Walker, et. al. LOLsuit get all the way to a trial, but most of his later state and federal cases failed to survive motions to dismiss. One did make it as far as a summary judgment in the defendant’s favor, but two were killed off via sua sponte dismissals by a judge who had learned his lesson about Kimberlin in previous cases. The TKPOTD for seven years ago today looked at one of the fatal flaws in the RICO 2: Electric Boogaloo LOLsuit.
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Here’s another example of The Dread Pro-Se Kimberlin’s inability to keep his lies straight. First, take a look at this paragraph from his opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.Now, take a look at paragraphs 57 and 58 in his Complaint.
Those two paragraphs describe things that I allegedly did, and that paragraph from the opposition says that those supposed acts were done for the advancement of the mythical RICO conspiracy. That would make me a member. However, according to the Complaint, I’m not.
“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.” Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.
TDPK is lucky that his nonsense about paragraphs 57 and 58 is in that opposition. Since it isn’t within the four corners of the Complaint itself, the Court can ignore it and the resulting contradiction. Of course, there are still plenty of fatal defects in the Complaint, but I don’t need to educate the midget about all of them. At least, not yet.
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The biggest flaw in the RICO 2 case was including me at all. Because he could have made all the new claims against me as part of the first LOLsuit that he lost, he was barred from raising them against me by the legal principle of res judicata. Further, by claiming that I was a member of a conspiracy, that bar extended not only to me but also to my alleged co-conspirators.
BTW, Res Judicata coffee mugs, t-shirts, and other fine swag are available at The Hogewash Store.