Team Kimberlin Post of the Day


The TKPOTD from three years ago today took a look back at one of the more humorous moments during The Dread Deadbeat Pro-Se Kimberlin’s lawfare campaign. This occurred during the Kimberlin v. Walker, et al. defamation LOLsuit.

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There have been some moments of wry humor during The Saga of The Dread Pirate Performer Pro-Se Kimberlin. I enjoyed this exchange during the Kimberlin v. Walker, et al. trial in August, 2014.JudgeJohnsonBonMotHeh.

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Karma had the irony channel dialed up to 11. It turned out that jury instructions weren’t necessary because TDPK failed to produce a “scintilla” (Judge Johnson’s word) of evidence than any of the statements made about him were false, and speaking the Truth is not defamatory.

Team Kimberlin Post of the Day


One the obvious purposes of Team Kimberlin’s lawfare has been to try to use the discovery process in civil suits to dig up dirt to use against their perceived enemies. This Acme Legal Citation Du Jour ran five years ago today.

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@weltsschmerz2015|201502120213ZThe Cabin Boy™ will not get any IP information from Hogewash! without either a valid subpoena or discovery interrogatory.

In order to get a subpoena prior to discovery, he will have to comply with the requirements in Independent Newspapers, Inc. v. Brodie, 407 Md. 415 (2009). He will have to make a prima facie case of defamation for each individual about whom he seeks information. Because he is suing in a federal court with tighter pleading standards than a Maryland state court, he will have to plead with particularity, and I will only provide information that the court specifically orders given. He won’t get thousands of IP address unless he specifically asks for that many one by one.

Of course, that presumes that his case survives. If the court takes note of the fact that he has admitted in his Application for pauper status that he has more income (almost 2X the federal poverty level for a family of two) than is allowed, the case will be kicked out. If he’s allowed to proceed in forma pauperis, the LOLsuit must then be screened for frivolousness, maliciousness, and failure to state a claim. Let’s pretend that it gets past that screening; there will still be motions to dismiss. If the LOLsuit makes it over that hurdle, the Cabin Boy™ can then file a discovery interrogatory. He will then find that discovery may not be as open-ended as he thinks. He will also find that it’s a two-way street.

popcorn4bkBTW, if the LOLsuit makes it past the motions to dismiss, no one should be surprised if one or more defendants make counterclaims and/or adds counterclaim defendants.

The Gentle Reader should not worry about any of this. I only log the IP addresses of the Insightful Commenters who contribute to Hogewash!—and the Ill-mannered Harassers who attempt to troll the blog.

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That post was written in the context of LOLsuit III: The Search for Schlock, and that particular bit of nonsense was killed off after only two weeks when the presiding judge realized that the court had no jurisdiction over the case. Schmalfeldt has never been successful using discovery.

The Dread Deadbeat Pro-se Kimberlin did manage to get his hands on a large number of emails during discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, but he never was able to use any of them effectively. He did try to use some of them in the Hoge v. Kimberlin, et al. case, but when he tried during the trial, the state court judge said that he wouldn’t prevent TDPK from introducing them, but that Kimberlin would be on his own explaining to the federal judge why the protective order was violated. Kimberlin chickened out, which is a shame because I would have introduced the same emails myself if I hadn’t been bound by the protective order as well.

It’s safe to say that Neal Rauhauser’s theory of pro se lawfare has been a spectacular failure—at least as far as implemented by Team Kimberlin.

Team Kimberlin Post of the Day


One of the common failings among most of the Team Kimberlin LOLsuits has been suing for things that aren’t actual causes of action for civil cases. For example, The Dread Deadbeat Pro-Se Kimberlin sued my codefendants and me for harassment and stalking in the Kimberlin v. Walker, et al. nuisance LOLsuit, and the court threw those counts out because they’re not things one can bring a suit over in Maryland. The Dreadful Pro-Se Schmalfeldt has similar issues with many of his cases. The TKPOTD from three year ago today deals with one such problem with LOLsuit VI: The Undiscovered Krendler.

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Here’s a bit of Wisconsin case law that may affect the Cabin Boy’s™ LOLsuit VI: The Undiscovered Krendler—

Wisconsin does not recognize “false light invasion of privacy[.]”

Ladd v. Uecker, 2010 WI.App. 28, 789 N.W.2d 216, 218 (2010). IANAL, but it raises an interesting question.

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The Gentle Reader should not be surprised to learn that the Cabin Boy’™ claim for false light invasion of privacy failed.

Team Kimberlin is made up of slow learners. Even by the time of LOLsuit VIII: Avoiding Contact in 2017, three years after Kimberlin had his harassment and stalking counts dismissed from the first LOLsuit, Count I in the Cabin Boy’s™ LOLsuit was for “Harassment and Stalking.”

Stupid is as stupid does.

Team Kimberlin Post of the Day


One of the topics of interest here at Hogewash! is the First Amendment, and it was Brett Kimberlin’s use of lawfare to attack the First Amendment rights of bloggers such as Aaron Walker and Stacy McCain that drew my attention The Dread Deadbeat Pro-Se Kimberlin. One of the tools I’ve used in exposing his actions is Alinsky’s Rule 5: Ridicule is man’s most potent weapon.

Of course, Team Kimberlin’s ineptitude at the use of Rule 5 against me has made ridiculing them easy. Bill Schmalfeldt referred to the Gentle Readers of this blog as my lickspittles, and Team Lickspittle was born, complete with team logo goodies for sale. Matt Osborne tried to make a joke about me thinking I’m an Internet sheriff, and the Blogsmoke feature was created in response, followed by Yours Truly, John Atsign and Blognet—all produced by the Lickspittle Broadcasting System.

This Blogsmoke episode ran a year ago today.

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SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICOCHET

MUSIC: UP AND UNDER—RECORDED—CUT 1

ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!

MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2

ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.

MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading

Team Kimberlin Post of the Day


The whole point of The Dread Deadbeat Pro-Se Kimberlin’s lawfare has been to try to regain control of the false narrative he had begun spinning about himself. The project has been an abject failure. If you do a Google search for images of Brett Kimberlin with the search period set to Any Time, you’ll get a result like this one I downloaded last night. While most of the images are associated with truthful reporting about TDPK, some of them are from friendly sources. However, if you do a search with the time period set to Past Year, the impact of Streisand Effect publicity resulting from his LOLsuits can be seen.You have to scroll way on down the page in order to find images associated with something favorable to Kimberlin. The passing of time has not helped Kimberlin. If you limit the search range to Past Month, you’ll see something like this—TDPK sued trying to claim that his likeness was being misappropriated and that he was harassed by being portrayed as a cartoon nazi. The Gentle Reader can see for himself how well that played out.

Heh.

Team Kimberlin Post of the Day


It was three years ago today that the Maryland Court of Special Appeals affirmed the judgment of the Montgomery Circuit Court granting the defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit summary judgment of five counts of the suit and a directed verdict on the two counts that went to trial. After hearing the good news, I posted A Pair of Thank Youes.

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A great many people are due my thanks for help that came in many forms while I have been dealing with the Kimberlin v. Walker, et al. nuisance lawsuit. Two people deserve special thanks.

Ken White, aka Popehat, blogged about the lawsuit and put up the Popehat Signal alerting lawyers to my need for pro bono assistance. Thank you, Ken.

Patrick Ostronic answered the Popehat Signal and represented me during the trial and the appeal. He also represented Aaron Walker and Stacy McCain during the trial and Stacy during the appeal. Thank you, Patrick.

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The Kimberlin v. Walker, et al. case was the first of four LOLsuits The Dread Deadbeat Pro-Se Kimberlin filed against me. He lost every one as he also lost all the other LOLsuits he filed against my forty-plus codefendants. He’s also lost all the other LOLsuits he’s filed since 2012, including cases against, Home Depot and Senators McConnell and Grassley.

Brett Kimberlin has been no more successful at lawfare than he was at drug smuggling or bombings.

UPDATE—Patrick Ostronic also successfully represented me in the Kimberlin v. National Bloggers Club, et al. (II) LOLsuit.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has a history of playing games with service of court papers and then seeking default judgments against his law fare victims. The incident chronicled in this post titled 29 ≠ 20 from five years ago today is an example.

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Yesterday, a picture appeared on the Interwebz of what is purported to be the envelope returned to The Dread Pirate Kimberlin of his attempt to serve some court papers on me. Here is the image as it was posted on Twitter. I have not bothered to redact it, but have left it as published by TDPK.BfLYKWsCMAANv2jIt appears to be addressed to 29 Ridge Road. I live at 20 Ridge Road. No wonder the Post Office found it to be “Undeliverable as Addressed.” No wonder the clerks at the Westminster Post Office couldn’t find mail being held for 20 Ridge Road.Tracking

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Math is hard.