Team Kimberlin Post of the Day


It’s pretty obvious that Brett Kimberlin fancies himself as well over the the righthand side of the intelligence bell curve. For someone who thinks of himself as a smart guy, he sure makes a lot of dumb mistakes. The TKPOTD from five years ago dealt with one particularly stupid claim he made in a filing in the RICO Madness LOLsuit.

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Brett Kimberlin is a whiner. A couple of years ago, I reviewed one of his CDs and noted the naturally whiny quality of his voice. (Mrs. Hoge thinks he sounds like Eddie Haskell.) That whiny nature carries over into the writing of his various court papers. He sent a letter to Judge Hazel complaining that Aaron Walker and I had publicized his seeking permission to file a preliminary injunction against us. He also was upset that we had exposed more inconsistencies in his claims about service of process, the actual Certified Mail green cards, and postal record. Apparently, The Dread Pro-Se Kimberlin believes that he is entitled to have his vexatious Kimberlin v. The Universe, et al. RICO Madness conducted away from any public scrutiny.ECF 167-p2

Judge Hazel wasn’t buying it.ECF 168-p3ECF 168-fn2

Ear-plugsTDPK has a bit more than a month before his omnibus response to the eleven (so far) motions to dismiss is due. It will be interesting to see if he can keep his paperwork within the 50 page limit required by the judge’s order. I also look forward to seeing if The Dread Pro-Se Kimberlin’s filing is as legally off-key as The Dread Performer Kimberlin’s singing.

Stay tuned.

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The Dread Deadbeat Pro-Se Kimberlin brought his opposition to our motions to dismiss in at exactly 50 pages. It relied on lies and innuendos to spin a false narrative which didn’t support his case. As a result only one count survived against one defendant, and that was disposed of at the summary judgment phase.

It took a while, but everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


When I first wrote that Team Kimberlin was buying their legal advice from the same Acme that supplied those fine products to a certain coyote, I was joking. As the various legal entanglements have played out, it come to look as if that really is the source of the legal theories behind their LOLsuits. Here’s the TKPOTD from three years ago today,

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WMSBroad201311101815ZThat deserves an updated answer. Here’s a partial listing—

Hoge v. Schmalfeldt (I), Case No. 06-C-13-063359 (Md. Cir.Ct. Carroll Co. 2013), cert. denied.
Hoge v. Schmalfeldt (II), Case No. 06-C-14-067023 (Md. Cir.Ct. Carroll Co. 2014), cert. denied
Kimberlin v. Walker, et al., Case No. 380966V (Md. Cir.Ct. Mont. Co. 2014), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Johnson, et al., Case No. 15-CV-0315-RDB (D.Md. 2015).
Kimberlin v. National Bloggers Club, et al. (I), Case No. 13-CV-03059-GJH (D.Md. 2015).
Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co. 2015).
Schmalfeldt v. Hoge, et al., Case No. 13-C-15-102498 (Md. Cir.Ct. Howard Co. 2015).
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016).
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016).

That should do.

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I should update that scorecard with the following—

Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed Md. C0SA, cert. denied.
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed 4th Cir.
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Grady, et al. (IV), Case No. 13-CV-01310-RBH-KDW (DSC 2017).

Team Kimberlin Post of the Day


To borrow some words from a song from the ’60s,

There’s something happening here
What it is ain’t exactly clear

I was checking out the Justice Through Music Project website, and I noticed that the DONATE buttons were gone. That struck me as odd. I went over to the Protect Our Elections website, and it’s donate page was still up and functional. It also still had the claim that the donation was being made to a 501(c)(3) entity and was tax deductible. Protect Our Elections/EMPR has never been recognized as a 501(c)(3) charity by the IRS. Until recently, it was recognized as a 505(c)(4) not-for-profit, but its status was revoked for failure to file the required paperwork for over three years. In any case, (c)(4) organizations don’t pay taxes, but donations to them are not tax exempt, so they claim that donations to POE/EMPR are deductible is simply wrong.

It becoming apparent that Kimberlin is pay the same attention to his not-for-profits as he used to. It’s almost as if something else is distracting him.

Hmmmm.

BTW, when The Dread Deadbeat Pro-Se Kimberlin sued me and my codefendants in the Kimberlin v. National Bloggers Club, et all. (I) RICO Madness LOLsuit, he accused us of operating a false 505(c)(3) as a scam.

Can you say “projection”?

Team Kimberlin Post of the Day


Alinsky’s Rule 5 states that ridicule is man’s most potent weapon. It has certainly been effective in countering some of the bizarre fabrications that Brett Kimberlin has included in the LOLsuits he’s filed to try to silence truthful reporting by his critics. The TKPOTD from five years ago today took a look at one use of pointage, laughery, and mockification in one response to a filing by The Dread Deadbeat Pro-Se Kimberlin in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin writes some of the most amazing nonsense in his various court filings. Earlier this year, he filed something he called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings” in the Kimberlin v. The Universe, et al. RICO Madness. It’s something of a favorite of mine because of its utterly unhinged nature. Here’s a sample:ECF 49-9My reply to that one paragraph ran for about two-and-a-half pages. Here are the beginning and end paragraphs of that reply:ECF 59-p6ECF 59-p9TDPK’s omnibus opposition to the eleven motions to dismiss is due five weeks from today. I’m looking forward to seeing what wacko claims and theories he will offer in that filing, but, more important, I’m looking forward to the case getting of top dead center and beginning to move again.

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And of course, Kimberlin’s case against me was dismissed in part for failure to state a claim upon which relief could be granted and in part for improper venue when the federal court refused to consider his state law claims.

Team Kimberlin Post of the Day


This episode of Yours Truly, Johnny Atsign first ran four years ago today.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Landline phone rings once.

JOHNNY: Johnny Atsign.

LT. BRADSHAW: (Telephone Filter) Atsign, it’s Bradshaw.

JOHNNY: Why, Lieutenant, to what do I owe the honor?

LT. BRADSHAW: (Telephone Filter) Cut the sarcasm, Atsign. As much as I hate to admit it, I need some help.

JOHNNY: From me, Lieutenant?

LT. BRADSHAW: (Telephone Filter) Yeah. From you, Atsign.

JOHNNY: You must be in one helluva hole. Tell me more.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day


The Gentle Reader may have noticed that people with connections to Ukraine have been in the news recently. My podcasting partner and fellow codefendant Stacy McCain has an interesting post here.

BTW, here’s a picture of Brett Kimberlin taken while he was stalking various bloggers during BlogBash 2013. I was reminded of it after reading Stacy’s post.

UPDATE—

 

Team Kimberlin Post of the Day


I’ve been a defendant in two RICO LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin. The TKPOTD for three years ago today, dealt with his first RICO suit which was filed almost three decades before he sued me.

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The two RICO LOLsuits that The Dread Pro-Se Kimberlin has filed against me were not his first venture into RICO madness. This is from the section in Mark Singer’s book Citizen K about TDPK in-prison business selling porn.

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, instead of thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Cohabitation. When Kimberlin wrote a letter demanding the material he had originally ordered, the defendant had the temerity to offer instead “sexual aids,” including, Kimberlin noted, “a live-size inflatable doll, dildos, and a vibrating plastic vagina.”

Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000. After “a fucking Reagan appointee” dismissed the suit on procedural grounds, Brett appealed to the Seventh Circuit but was told he’d have to pay an additional filing fee. “I decided at that point I’d spent enough on this,” he said. “So I just blew if off.”

—p. 203

So far, it looks like he’ll be three for three.

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TDPK actually went four for four.

Most of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit had been dismissed for failure to state a claim when that TKPOTD was written. The remaining count became the Kimberlin v. Frey RICO Remnant LOLsuit. Kimberlin lost that case at summary judgment, and he lost all the related appeals.

The Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit was still pending three years ago. Kimberlin lost that and the related appeal as well.

A year and a day after the post was published, TDPK filed another RICO suit, Kimberlin v. Breitbart Holdings, et al. That suit was dismissed because his complaint violated the court’s protection order in the Frey case. Kimberlin appealed and lost that appeal also.