Team Kimberlin Post of the Day

Not everything goes as I expect. The TKPOTD from two years ago today reported such an occurrence.

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There’s been a disturbance in the Farce, and something has proceeded in a way I didn’t foresee.

popcorn4bkThe Dread Pro-Se Kimberlin has filed a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court) seeking an appeal of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit in the Circuit Court and the Court of Special Appeals affirming of that loss. I really thought that TDPK would have been smart enough to know when his licked. Apparently, he’s dumber than I thought.

I should have bought more popcorn futures.

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Of course, the Court of Appeals denied TDPK’s petition. At that point, he failed to petition the Supreme Court for a writ of certiorari, and his loss became final. That did proceed as I foresaw.

Team Kimberlin Post of the Day

Only one claim in one of the LOLsuits filed by Team Kimberlin in the past six years has made it past a motion to dismiss. That was the civil rights claim against Patrick Frey that survived when the original RICO Madness LOLsuit degenerated into the RICO Remnant LOLsuit. Three years ago today, Hogewash! published Patrick Frey’s answer to that LOLsuit.

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Ron Coleman, the lawyer representing Patterico in the remaining embers of The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness, has filed the following answer to TDPK’s second amended complaint.

The money quote is in paragraph 147.

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The answer to paragraph 152 is pretty good too.

Team Kimberlin Post of the Day

The Dread Deadbeat Pro-Se Kimberlin has had difficulty putting together a coherent argument in favor of any of the LOLsuits he’s filed. For example, consider this from the TKPOTD from four years ago today.

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Here’s a real howler from The Dread Pro-Se Kimberlin’s reply to the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. It’s from paragraph 5.ECF 119-5Uh, huh.

Here’s a partial list of deficiencies that I pointed out in my motion to dismiss his first amended complaint that are not addressed in his proposed second amended complaint.

1. The caption of the first amended compliant filed with the Court is not the same as the caption on the purported “first amended complaint” sent to me.

2. Neither version of the complaint alleges with particularity the elements of mail fraud or wire fraud. TDPK never specifies (1) who (2) knowingly made a (3) material (4) false statement (5) intended to deceive an alleged victim (6) who justifiably relied on the statement (7) resulting in injury to the victim. He never identifies a victim either.

3. Neither version of the complaint alleges any particular act meeting the definition of extortion.

4. Neither version of the complaint properly alleges the elements of a RICO conspiracy. TDPK never specifically alleges how he was injured in his business and property by any actual violation of any of the RICO predicate acts.

5. The only specific statement of mine claimed to be defamatory was made outside the bounds of the statute of limitations. The second amended complaint restates the same allegation.

6. Neither version of the complaint properly alleges the elements of intentional infliction of emotional distress.

7. The first amended complaint does not identify which blogger named William Hoge who resides at 20 Ridge Road, Westminster, Maryland 21157, TDPK is suing. The second version does not clarify this point.

That’s a tiny list. There are a couple of hundred pages of motions to dismiss filed against the first amended complaint that call out many more deficiencies. Adding nonsense about Team Themis did not repair the problems with the first amended complaint.


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Plaintiff as failed …

Kimberlin v. National Bloggers Club, et al. (I), 13-CV-03059-GJH, Memorandum Order, (D.Md., Mar. 17, 2015)

Team Kimberlin Post of the Day

The TKPOTD from two years ago today was a bit of a progress report on The Dread Deadbeat Pro-Se Kimberlin’s lawfare.

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I’ve enjoyed reporting the news relating to the The Dread Pro-Se Kimberlin’s LOLsuits over the past couple of weeks. You can see it in the expression on my face in this picture Lee Stranahan took as I was typing the Qapla’ post last Thursday.

For those Gentle Readers who may have missed some of the action, here’s a brief recap—

On 29 March, Judge Hazel put the Kimberlin v. Hunton & Williams LLP, et al. lawsuit (AKA Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) out of its misery and dismissed it with prejudice. On 1 April, Kimberlin tried to file a “Notice to the Court” offering a frivolous argument against dismissing the case. On 4 April, Judge Hazel returned the “Notice” along with a form letter saying that the case was closed.

Also, April Fool’s Day was the last day for discovery in the Kimberlin v. Frey lawsuit (AKA the RICO Remnant LOLsuit because it’s the dying ember of TDPK’s first RICO case). Kimberlin has sent out a raft of defective subpoenas, and he has whined to Judge Hazel about the lack of third-party cooperation. Last Wednesday, the U. S. Chamber of Commerce filed a motion to quash a bizarre, untimely subpoena they received from Kimberlin in the Frey case. Kimberlin has an open motion for sanction against me in this case because he is unhappy with the material I voluntarily provided in response to a defective subpoena he sent me. Because the responsive items I had were innocuous, I decided to let him have them rather than have to deal with a motion to compel. Given his reaction, I doubt I will ever voluntarily give him anything again. Murum aries attigit.

On Thursday, there was a hearing on the remaining open motions to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) lawsuit (AKA as the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit). Judge Mason dismissed all four defendants whose motions were heard: Dan Backer, DB Capitol Services, Lee Stranahan, and me. Three unserved defendants remain—Ali Akbar, the National Bloggers Club, and Patrick Frey—along with Mandy Nagy, who is unable to help with her own defense because of the effects of stroke she suffered. The case will not have a final disposition until it is resolved against those defendants; it cannot be appealed until there is a final disposition.

On Friday, my co-appellees and I received word that the Maryland Court of Special Appeals had denied Kimberlin’s motion for reconsideration of their denial of his appeal in the first state case, Kimberlin v. Walker, et al. The court also assessed over $3,700 in costs against Kimberlin.

So, as of now, every one of Kimberlin’s suits against me has failed. The only open item remaining is his motion for sanctions concerning a subpoena in the Frey case. His appeal in the first state case has failed. He can file a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court), but that court is not likely to accept the case. He can’t appeal the second state case yet. If he does, he’ll have to argue that the dismissals, at least one of which was partially based that court’s findings in his previous appeal, were in error. He can’t appeal the first RICO case either until the claim against Frey is disposed of.

For now, his only real option to continue making good on his statement that I should expect to be sued for the rest of my life is to appeal the dismissal of the Team Themis case to the Fourth Circuit. As I have written before, my strategy for the case has assumed such an appeal from Day One.

Go ahead. Make my day.

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TDPK didn’t know when to quit, and wound up losing his further appeals.

It may turn out that his worst mistake was suing me. I’m not done with him yet.

Team Kimberlin Post of the Day

As noted in the TKPOTD from two years ago today, it’s been two years since the Court of Special Appeals taxed the costs of The Dread Deadbeat Pro-Se Kimberlin’s failed appeal of the Kimberlin v. Walker, et al. nuisance LOLsuit against the Appellant, i.e., TDPK. He still hasn’t paid.

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In yesterday’s TKPOTD I mentioned that The Dread Pro-Se Kimberlin had asked the Court of Special Appeals to reconsider it’s denial of his appeal of his loss in the Kimberlin v. Walker, et al. nuisance lawsuit. The court has denied his motion for reconsideration. It also has mandated that Kimberlin must pay court costs.

Perhaps the financial consequences of these court costs will give TDPK pause and cause him to carefully consider where he wants to file another frivolous appeal.

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I’m not done with him yet.

Team Kimberlin Post of the Day

The Dread Deadbeat Pro-Se Kimberlin has lost all four of the LOLsuits he’s filed against me. Today is the second anniversary of his fourth loss. This report from two years ago today outlines what occurred in court that day.

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There was a hearing this morning to deal with open dispositive motions in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason has a very methodical approach to managing his docket. He proceeded to review the open motions in the order they were filed.

Docket Item 113 was a motion to dismiss from Dan Backer and DB Capitol Service (Dan’s law firm). Christina Sirois argued for her client that the court lacked jurisdiction over them because they were from out of state and that The Dread Pro Se Kimberlin had not established any connection to Maryland for them. She also went briefly point by point through the complaint showing how Kimberlin had failed to state a claim upon which relief could be granted.

Judge Mason asked Kimberlin why res judicata didn’t bar his claims and pointed out how the Court of Special Appeals had ruled against him on his appeal of the earlier Kimberlin v. Walker, et al. nuisance suit. Kimberlin became irate and accused the judge of favoring the defendants and saying, “You let Aaron Walker amend his complaint against me four times, but wouldn’t let me amend my complaint.” At that point, Judge Mason held up Docket Item 91 and asked, “Isn’t 91 an amended complaint?” The judge explained that he isn’t the advocate for either side. He’s the umpire who enforces the rules, and that Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.

The motion to dismissed was granted and dismissal was with prejudice.

Docket Item 116 was next. It was my motion to dismiss for failure to state a claim. Since I also had a second motion (177) relating to res judicata, the judge heard them simultaneously. Patrick Ostronic, my pro bono lawyer, briefly outlined the arguments in my favor. There wasn’t much TDPK could say, and Judge Mason granted my res judicatamotion. Dismissal was with prejudice.

Docket Item 121 was Lee Stranahan’s motion to dismiss for lack of personal jurisdiction. Lee explained that he was from Texas with no real connections to Maryland. Kimberlin responded that Lee had filed a lawsuit in Maryland, so he had submitted himself to the State’s jurisdiction. Lee pointed out that he had not filed any such law suit. When he was being harassed in 2013, he came Maryland and filed an Application for Statement of Charges which resulted in a Commissioner charging Bill Schmalfeldt. The Howard County State’s Attorney later dropped the charge. The judge informed TDPK that someone seeking the State’s protection by filing a criminal charge is not the same thing as filing a civil suit, that the State was a party in that case and not Lee. Lee’s motion to dismiss was granted.

Note: In explaining the situation leading to the filing of the Application for Statement Charges, Lee Stranahan gave Judge Mason an accurate summary of some of the harassment he and his family experienced.

At the end of the hearing, Kimberlin asked if he could get a final ruling so that he could appeal, and the judge noted that the case wasn’t over. Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.

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Of course, the case was really over. TDPK appealed. And of course, the Court of Special Appeals affirmed Judge Mason’s rulings. The Court of Special Appeals taxed Kimberlin the costs of the appeal, and he hasn’t paid yet.

BTW, Murum Aries Attigit coffee mugs are available at The Hogewash Store.