A Monetary Settlement?


There’s a bit a fiction masquerading as news over at Breitbart Unmasked Bunny Boy Unread about the amicus brief filed by Eugene Volokh with local counsel Michael Smith in the Walker v. Maryland case. It makes reference to a rumor of a monetary settlement between Brett Kimberlin and Michelle Malkin in the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit.

I can’t confirm the existence of such a settlement, but given that the case had already been dismissed with prejudice against Michelle Malkin and Twitchy and given that Kimberlin was facing sanctions for forging a summons in another case involving Michelle Malkin and Twitchy, it would have been well worth Kimberlin’s while to pay Michelle Malkin something in exchange for an agreement not to pursue sanctions. Considering that nothing has been taken down from michellemalkin.com or Twitchy, if anyone paid anything, it was probably Kimberlin writing the check.

Team Kimberlin Post of the Day


Last week didn’t work out well for Team Kimberlin.

On Monday, I filed my reply to the The Dread Pro-Se Kimberlin’s opposition to my motion to strike his improper use of confidential discovery from the Kimberlin v. Frey RICO Remnant LOLsuit in the Hoge v. Kimberlin, et al. suit. I filed an opposition to the Kimberlins’ motion to have Hoge v. Kimberlin, et al. declared to be a SLAPP suit. Also on Monday, the returns of service of process for Almighty Media and Breitbart Unmasked hit the Hoge v. Kimberlin, et al. docket, so those parties are now served.

On Tuesday, Judge Hazel issued an Order in the RICO Remnant LOLsuit. He denied TDPK’s request for a interlocutory appeal and basically told him to get a move on. The judge denied my request for a modification of that case’s protective order as unnecessary, but he granted my motion to seal the evidence related to my request, in effect confirming that the emails in question were confidential discovery which TDPK should not have used in the Hoge v. Kimberlin, et al. lawsuit.

On Wednesday, I filed a reply to the Kimberlins opposition to my motion to strike another one of their improper filings. Also, the Kimberlins filed a reply to my opposition to their vexatious litigant motion, but the big joke of the day was TDPK’s notice the he was going to file an appeal of the dismissal of his LOLsuit against Senators McConnell and Grassley for failure to take up the current nomination to the Supreme Court.

On Thursday, Judge Hecker denied the Cabin Boy’s™ motion to dismiss in the Hoge v. Kimberlin, et al. lawsuit.

On Friday, Judge Bennett’s correction of the record in LOLsuit V: The Final in Maryland amending his order to strike the Cabin Boy’s™ claim that no one had answered his LOLsuit came to my attention, and I published a copy. Also, I filed a request for orders of default against Brett and Tetyana Kimberlin because they failed to file a proper answer to my complaint in the Hoge v. Kimberlin, et al. suit within the 30 days allowed.

There are some other interesting deadlines approaching.

Stay tuned.

Team Kimberlin Post of the Day


I’ll bet that the members of Team Kimberlin haven’t enjoyed this week as much as I have.

Monday was a holiday without any legal activity.

Tuesday, I filed motions with the Circuit Court for Carroll County and the U. S. District Court for the District of Maryland related to The Dread Pro-Se Kimberlin’s breach of Protective Order in the Kimberlin v. Frey RICO Remnant LOLsuit. The motion filed in Carroll County was in the Hoge v. Kimberlin, et al. lawsuit. It was a motion to strike TDPK’s improper breach of the Protective Order. The filing in the federal court seeks leave to show the state judge evidence that Kimberlin has disobeyed the Protective Order.

Wednesday, TDPK filed an opposition to my motion to strike in Hoge v. Kimberlin, et al.

Thursday, I published the Kimberlin’s reply to Aaron Walker’s opposition to their motion for a new judge in Walker v. Kimberlin, et al., but Thursday’s big news was Judge Hazel’s Letter Order essentially shutting down TDPK’s discovery and subpoena shenanigans in the Frey case. All of TDPK’s motions dealt with by the Order were denied.

Also on Thursday, Breitbart Unmasked Bunny Boy Unread published a new bit of defamation trying to put a positive spin on TDPK’s breach of the Frey Protective Order. Roger S has been particularly colorful in his stupidity.

Friday, I smiled. The day opened with my filing an opposition to the Kimberlins’ motion to have me found to be a vexatious litigant in the Hoge v. Kimberlin, et al. lawsuit. As the day blossomed, I was able to post TDPK’s latest foolishness in the Frey case, a motion for permission for an interlocutory appeal of Hazel’s denial of permission for TDPK to take sealed Frey discovery public.

And then the week ended with a bang.

Judge Hazel issued a sua sponte dismissal of Kimberlin’s LOLsuit against Senators McConnell and Grassley for their failure to move on the pending nomination to the Supreme Court.

Yes, I smiled. I’m still smiling.

I’ll still be smiling way past noon on Monday.

Team Kimberlin Post of the Day


With a serious bit of bad timing, Breitbart Unmasked Bunny Boy Unread has a post up trying to put a positive spin on The Dread Pro-Se Kimberlin’s use of sealed discovery material from the Kimberlin v. Frey RICO Remnant LOLsuit in the Hoge v. Kimberlin, et al. lawsuit. Earlier in the day yesterday, Judge Hazel bench slapped TDPK for his antics with defective subpoenas in the Frey case. In his Letter Order, the judge granted my motion to seal the information contained in the emails TDPK included in his state filing.

Pursuant to Local Rule 105.11 and the Court’s ProtectiveOrder, non-Party William Hoge filed an unopposed motion seeking leave to file five paragraphs of his Opposition to ECF No. 319 under seal. The motion is GRANTED.

Kimberlin v. Frey, Case No. 13-CV-03059-GJH, Letter Order, ECF No. 383 (D. Md. June 1, 2016) at 4.

The reason I gave for sealing that portion of my motion was because the information was covered by the Frey Protective Order. Judge Hazel agreed with me. I doubt that he’ll change his mind by noon Monday.