Team Kimberlin Post of the Day


One of the recurring false narratives peddled by Brett Kimberlin is the fake news that he has no connection to Breitbart Unmasked Bunny Billy Boy Unread and that Matt Osborne and Bill Schmalfeldt are independent journalists (or real journalists, for that matter). He even tried to use that myth as a wedge to get the protective order granted in the Kimberlin v. Frey RICO Remnant LOLsuit modified. This post titled #BrettKimberlin Whines About Discovery from three years ago today dealt with that futile motion.

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He’s upset because he can’t share confidential information received from Patrick Frey with Bill Schmalfeldt and Matt Osborne as he did with the sealeddiscovery in the 2012 Walker v. Kimberlin, et al. case. He’s filed this in the Kimberlin v. Frey RICO Remnant LOLsuit. The exhibits are really howlers.

Excuse me while I pop some more popcorn.

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There’s a rule of management that says that first-rate bosses hire first-rate people and that second-rate bosses hire third-rate people. That may help explain how The Deadbeat Publisher Kimberlin wound up with a fifth-rate staff.

Team Kimberlin Post of the Day


As Breitbart Unmasked Bunny Billy Boy Brett Unread slowly spirals down the drain into complete irrelevance, here’s a look at one of Matt Osborne’s many feeble attempts to spread lies to support Brett Kimberlin’s false narratives. It was first published as a Bonus Prevarication Du Jour four years ago today.

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Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

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The Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt have never found lawyers willing to represent them in any of their losing LOLsuits. Indeed, the law firm dragooned into helping Schmalfeldt for free dismissed LOLsuit VII. But the victims of Team Kimberlin’s lawfare have had multiple lawyers (including several working pro bono) help them with their defenses.

A lawfare campaign like TDPK tried to execute will only work against a naive target who is unwilling to risk going to court, someone who will seek to settle. Most of the people and institutions Brett Kimberlin chose to attack were neither naive nor unwilling to defend their First Amendment rights. As an elderly knight said, “He chose … poorly,” and coming after me was his worst choice.

Prevarication Du Jour


Xenophon the Troll has a post over at Breitbart Unmasked (No, I won’t link to it.) in which he tries to evoke Aristophanes’s play The Wasps in connection with Aaron Walker’s efforts to protect himself from The Dread Pro-Se Kimberlin’s lawfare. In doing so, he demonstrates his lack of familiarity with the play and its backstory. The Wasps is a satirical jab by Aristophanes at the demagogue Cleon who had falsely prosecuted Aristophanes for defamation. Does Brett Kimberlin really want his propaganda website reminding people of a failed, vexatious slander suit that became a source of ridicule?

Of course, the post also is chock full of misrepresentations and flat-out lies.BU20140103aNo, that’s not how service works. Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure allows

sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served …

Note that service by email requires permission from the person being served. (The Maryland Rule is similar.) TDPK does not have permission to serve me by email in the Kimberlin v. The Universe, et al. RICO Madness because I do not trust him to send me the same papers he would be filing with the court. That is based on experience. The Amended Complaint he served on me by mail is not the same as the one shown as Docket Item 2 on PACER. I want to be able to show the judge what TDPK actually served me, so I require service by hard copy.

In the state Kimberlin v. Walker, et al. lawsuit, my lawyer has asked for service by email. The only hard copy is the one filed with the court. The same lawyer also represents Aaron Walker and Stacy McCain, so when he receives service by email from TDPK, all three of us are considered served. Until the scheduling hearing in late November, Kimberlin was neither filing timely answers to our motions nor serving copies of his filings on our lawyer. During that hearing, the judge ordered him to begin proper service on our lawyer. So the following is simply false.BU20140103bTDPK has never properly served me with a single court paper in the RICO Madness. The certificate of service with his motion for extension of time falsely claimed that he served me by email. Kimberlin has been haphazard (at best) in his attention to detail in his conduct of both of his lawsuits. My codefendants and I plan to use all of his mistakes to our advantage. Some are real doozies. Wait and see.