Team Kimberlin Post of the Day


Six years ago, my codefendants and I in the Kimberlin v. Walker, et al. nuisance LOLsuit were in the final stages of preparation for the trial. The In Re Kimberlin v. Walker, et al. post from six years ago today provided a short history of how I came the be sued by Brett Kimberlin.

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We go to trial on Monday. Aaron Walker, Stacy McCain, Ali Akbar and I are confident that we will be vindicated. After I return from work today, the weekend will be spent preparing for the trial. Blogging is likely to be very light for the next few days.

I got involved in all this when I became aware of Brett Kimberlin’s anti-First-Amendment activities, especially his attempt to use a peace order to unconstitutionally gag Aaron and his calls to Stacy’s wife’s employer that resulted in the McCain family moving to an undisclosed location. I stuck with the story and was able to cover the various trials and hearing in nearby courts during 2012.  By late 2012, I had become a target of Team Kimberlin as well. By 2013, I became enmeshed in the legal wrangling myself.

I’m looking forward to the trial, not because I enjoy being sued, but because it will bring closure to one part of that wrangling.

I’d like to thank all you folks who have been supportive of my codefendants and me this past year. The best way that you can support us now is with your prayers. The second best is by supporting the Bomber Sues Bloggers [Dead link. That site is no longer active. Thank you to everyone who donated.] fund. Our lawyer is pro bono, but there are other expenses incurred in our defense. The certified transcript for the 1 July hearing cost about $120. Another thing that you can all do is refrain from speculating on either side’s trial strategy. Brett Kimberlin is really quite a doofus in a courtroom. Please don’t give him any hints.

For now, I won’t be writing about this case. There’s plenty of other Team Kimberlin stuff to publish. There’ll be plenty to write about concerning Kimberlin v. Walker, et al. after the verdict.

Stay tuned.

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After losing that first LOLsuit, The Dread Deadbeat Pro-Se Kimberlin promise us defendants “lawsuits for the rest of their lives,” and he kept that promise for several years. He hasn’t sued me since he lost the Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit, but there are still open matters from those cases he brought against me. Therefore, …

I’m not done with him yet.

Team Kimberlin Post of the Day


The TKPOTD for six years ago today dealt with the meaning of words.

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The Dread Pro-Se Kimberlin keeps using these words.BK v AW 2013-71That example is from his second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.

odi·ous adj. \ˈō-dē-əs\ : causing strong dislike; arousing or causing repugnance.

in·fa·mous adj. \ˈin-fə-məs\ : well known for being bad or evil.

frighten verb \ˈfrī-tən\ : to cause (someone) to become afraid.
frightened • fright·en·ing

I can understand how someone might have a strong dislike for a person who set a time bomb in the parking lot of a high school football game. Someone who was convicted of a series of high-profile bombings might be considered to have become infamous. And being frightened of such a person is a perfectly reasonable reaction.

#IfTheShoeFits

Red TwizzlersSo Thursday could be a very big day. The Gentle Reader should stock up on popcornJujubesRaisinetsJunior Mints, or  Milk Duds. And if none of those work for you, we also have Red Twizzlers available via Amazon.

Stock up. Stay Tuned.

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The possible big day on Thursday mentioned in the post referred to the final pretrial hearing in the Kimberlin v. Walker, et al. nuisance LOLsuit scheduled for the day after the post. The results of the hearing were mixed, but generally in the defendants favor. While we wound up having to go to trial, the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion for a preliminary injunction that would have shutdown our blogging about him.

Of course, by going to trial and losing, TDPK created the opportunity for even greater pointage, laughery, and mockification. Nothing proceeded as he had imagined.

Team Kimberlin Post of the Day


Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

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I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day


It was six years ago today that someone sent me the first of several Hoge-Wan cartoons, and I shared it as a TKPOTD.

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All_is_ProceedingStay tuned.

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And less than two weeks later, The Dread Deadbeat Pro-Se Kimberlin lost the first of four LOLsuits he filed against me.

Apparently, the Hoge-Wan cartoons really got under Kimberlin skin, because he brought them up when he called me as a witness in the Walker v. Kimberlin, et al. case in 2016.

Q Do you ever post graphics or photos of you as a Star Wars Hero?

A I have, people have sent me graphics of my face to replace, who’s the guy that played Obi-Wan Kenobi, the older fellow? This is what happens when you’re old. Alec, Sir Alec Guinness with my face instead of Alec Guinness’ as Obi-Wan in, in various cartoons. I think they’re funny, and I’ve, I’ve posted a few that have sent me, and other people have, have picked up on that, as well, and sort of run with it. It’s a, it’s, it’s kind of a running gag now in certain corners of the internet.

He actually thought that line of questioning related to Aaron Walker.

Team Kimberlin Post of the Day


Ever since Brett Kimberlin started his campaign of brass knuckles reputation management via lawfare, having his name appear in the papers hasn’t turned out well for him. Consider the coverage he received in WaPo that was linked to in post #BrettKimberlin Makes the Washington Post from six years ago today.

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Eugene Volokh writes about him here.

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Of course, Kimberlin’s earlier coverage in the Indianapolis papers didn’t enhance he reputation either.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has failed at a great many more things than his attempts to use lawfare to silence people who have written truthful things about him and his activities. He’s tried to make a go of using music as a tool for left-wing activism, and failed as The Dread Deadbeat Performer/Producer/Promoter/Protester Kimberlin as well. Consider this post from seven years ago today titled Justice Through Music Project, Soooper Promoters.

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Gentle Reader, I’ll bet you didn’t know how critical having their music on the Justice Through Music Project has been for so many recording artists. What follows is from a press release dated in 2006. The subject of Craig Gillette’s PR release was the work JTMP was doing to promote a Neal Young album. I really liked this bit:

Justice Through Music has been a pioneer for the past five years in using famous bands and artists to promote civil rights. More and more artists are coming to JTM to get out their political message, including recently, Pink, Eminem, the Dixie Chicks, and many others.

JTMP’s incorporation papers show a start up date in 2003 but I suppose that Brett Kimberlin could have be operating the organization as an unincorporated entity for a couple of years. He was released from prison in 2001.

And I’m gratified to know how JTMP was so helpful to struggling acts like Pink, Eminem, the Dixie Chicks. Who knows? Maybe one day Brett Kimberlin will put that same powerful soooper promotion behind his own musical career.

* * * * *

It’s been over a year and a half since there has been any new material posted to the Justice Through Music Project website. Indeed, when Kimberlin put up a post promotion the most recent music project he’d been associated with, he published it on his Ukrainian site empr dot media.

Perhaps Justice Through Music and the band Op-Critical are now abandoned failures.

Team Kimberlin Post of the Day


During the run up to the Kimberlin v. Walker, et al, nuisance LOLsuit trial, Brett Kimberlin seem particularly bothered by the reporting that Aaron Walker and I were doing on that case and the larger Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court. He sent a letter the judge in the federal case seeking permission to file a motion for a preliminary restraining order as a gag order against us. That simply resulted in more reporting on The Dread Deadbeat Pro-Se Kimberli’s shenanigans here at Hogewash! and at other blogs. Here’s the TKPOTD from six years ago today.

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The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

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As it says on this site’s masthead: Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day


And In further Legal News … was posted five years ago today. I believe the motion it contains led to the ruling that essentially gutted any chance that Brett Kimberlin should ever be able to file another viable defamation LOLsuit.

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Here is the motion to dismiss the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit filed on behalf of Michelle Malkin and Twitchy.

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One of the defenses that I had raised against the defamation claim in The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit in federal court was this: Because his reputation was so poor as a result of his acts as a perjurer, drug dealer, serial bomber, etc., Kimberlin was defamation proof. That is, his reputation was already so bad that no truthful thing said about him could further damage his standing in the eyes of the public. When the judge in the federal case dismissed the federal claims in the RICO Madness case, he declined jurisdiction over the state claims (including defamation) and did not rule on them. Thus, there had been no ruling on the merits of my motion to dismiss because it was moot in the federal case.

When TDPK refiled the state claims in state court, the lawyers representing Michelle Malkin and Twitchy added my argument about Kimberlin being defamation proof to the defenses they raised. See paragraph 3 in their motion to dismiss and footnote 2 in their memorandum in support of the motion.

When the Malkin/Twitchy motion was heard by Judge Mason in state court, he granted it, adopting all of its reasoning. In doing so, he found that Kimberlin was defamation proof. When Aaron Walker filed his motion to dismiss, he pointed out the implication of the ruling on the Malkin/Twitch motion, and asked for dismissal for failure to state a claim because Kimberlin was defamation proof. Judge Mason granted the Walker motion, and in his order he more or less said that, yes, he meant to find Kimberlin defamation proof in the first instance and that he was doing it again.

IANAL, and I don’t know that this creates an air-tight defense against any defamation claim from Brett Kimberlin. He still might be able to be defamed by a lie. But it’s been over three years since he filed the RICO 3 LOLsuit, and we haven seen another since it was dismissed. Perhaps he’s come to understand the uphill battle he would have with another defamation case.

Team Kimberlin Post of the Day


OPSEC or operational security has never been one of Team Kimberlin’s strong suits. This Legal LULZ Du Jour from three years ago today will show the sharp-eyed Gentle Reader how information in one of The Dread Deadbeat Pro-Se Kimberlin’s court filings provided a lead to other interesting information.

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Judge Mason ordered that no further motions for sanctions should be filed in the Walker v. Kimberlin, et al. lawsuit until after the case is concluded.398855V DI 112So the Kimberlins have filed another motion for sanctions.

Paragraph 1 asserts that the “Defendants” served discovery on Aaron Walker. That isn’t true. Only Brett Kimberlin attempted to serve discovery. Tetyana Kimberlin did not sign either the request for production of documents or the deposition notice.SigBlock_1SigBlock_2In any event, nothing was properly served. Paragraph 1 also contains an admission that TDPK’s attempt to serve discovery on Aaron Walker was via “Priority Mail with a tracking number” instead of Certified Mail, Return Receipt Requested as the judge had ordered. The motion spins further out of control from there.

#SMH

UPDATE—Here’s the address found on the letterhead of the videographer’s bill attached as an exhibit to the Kimberlin’s motion.CRVideo letterheadHere’s the letterhead used by VelvetRevolution.US to file a bar complaint.VRUS letterheadThe sharp-eyed Gentle Reader may notice some similarities.

UPDATE 2—I’ll just leave this right here.

Domain Name: BRETTKIMBERLIN.ORG
Domain ID: D168760206-LROR
WHOIS Server:
Referral URL: http://www.godaddy.com
Updated Date: 2013-07-22T03:46:02Z
Creation Date: 2013-05-23T01:24:08Z
Registry Expiry Date: 2018-05-23T01:24:08Z
Sponsoring Registrar: GoDaddy.com, LLC
Sponsoring Registrar IANA ID: 146
Domain Status: clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Domain Status: clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited
Registrant ID: CR143822451
Registrant Name: Brett Kimberlin
Registrant Organization: VelvetRevolution
Registrant Street: POB 9576
Registrant City: Washington
Registrant State/Province: District of Columbia
Registrant Postal Code: 20016
Registrant Country: US
Registrant Phone: +1.3013205921
Registrant Phone Ext:
Registrant Fax:
Registrant Fax Ext:
Registrant Email: jtmpinfo@comcast.net
Admin ID: CR143822453
Admin Name: Brett Kimberlin
Admin Organization: VelvetRevolution
Admin Street: POB 9576
Admin City: Washington
Admin State/Province: District of Columbia
Admin Postal Code: 20016
Admin Country: US
Admin Phone: +1.3013205921
Admin Phone Ext:
Admin Fax:
Admin Fax Ext:
Admin Email: jtmpinfo@comcast.net
Tech ID: CR143822452
Tech Name: Brett Kimberlin
Tech Organization: VelvetRevolution
Tech Street: POB 9576
Tech City: Washington
Tech State/Province: District of Columbia
Tech Postal Code: 20016
Tech Country: US
Tech Phone: +1.3013205921
Tech Phone Ext:
Tech Fax:
Tech Fax Ext:
Tech Email: jtmpinfo@comcast.net
Name Server: NS71.DOMAINCONTROL.COM
Name Server: NS72.DOMAINCONTROL.COM
DNSSEC: unsigned

For more information on Whois status codes, please visit https://icann.org/epp

Hmmmm.

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Why, it almost looks as if a not-for-porfit was paying for an “employee’s” personal web site.

Team Kimberlin Post of the Day


I’ve never been worried that Brett Kimberlin might actually win any of the LOLsuits he filed against me. He’s never filed a complaint against me that properly pleaded all the elements of any civil cause of action. In fact, the quality of the complaints he filed seemed to deteriorate over time. Only his first LOLsuit ever made it to trial, and five of the seven claims were thrown out on summary judgment.

During that summary judgment hearing, the judge took Kimberlin to task for failing to provide us with any actual statements we had published that defamed him. I posted this excerpt from the hearing transcript in the TKPOTD six years ago today.

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The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading —

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.

MR. KIMBERLIN: And —

THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —

MR. KIMBERLIN: Yes.

THE COURT: — you’re worse than Al Capone.

MR. KIMBERLIN: Yes.

THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

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Not only did Kimberlin fail to provide us any discovery showing any examples of false statement we had made about him, he was unable to provide any such evidence to the court during the trail. After he rested his case, the judge stopped the trial and granted us defendants a verdict in our favor, because Kimberlin had failed to present evidence to the jury of any false statements we had made.

Butthurt isn’t a tort.

Team Kimberlin Post of the Day


As the TKPOTD from three years ago reminds us, some people have less credibility than others.

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The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

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TDPK had the RICO 3 case die on the vine as well.

Losing losers gotta lose.

Say, I just realized that Kimberlin was convicted of perjury (one), and pleaded guilt to the drug smuggling rap (two), and then was convicted on the bombing charges (three). Maryland has a three-strikes law. Noted.

Team Kimberlin Post of the Day


This TKPOTD from four years ago today almost got published as an I’m Not Making This Up, You Know. The gist of The Dread Deadbeat Pro-Se Kimberlin’s problem with the opposing lawyers is that they keep providing the court with facts that support their clients’ interest rather than his.

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The Dread Pro-Se Kimberlin continues to whine that the appellees in the RICO 2: Electric Boogaloo LOLsuit Appeal won’t run their defenses the way he wants them to.

IANAL, so I’m not sure how to describe this filing, but in engineering we’d refer to it as bullshit.

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Pro Tip: Don’t expect the people on the other side of a lawsuit from you to look out for your interests.

Team Kimberlin Post of the Day


The TKPOTD for five years ago today provided a review as of that date of Brett Kimberlin’s attempt to use lawfare to silence this blog (and others that were writing truthfully about him).

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Brett Kimberlin has spent the past few years trying to engage in brass knuckles reputation management. He’s used the members of Team Kimberlin to try to spin his false narratives in a way that the public would buy. However, PR flacks like the Cabin Boy™ and websites like Bunny Boy Unread have been more effective in focusing attention on The Dread Pro-Se Kimberlin’s multiple failures at lawfare than promoting a positive image for TDPK.

murum_aries_attigit_mugThus, far I’ve been successful (with the help of friends, codefendants, and pro bono counsel) at beating back all of Kimberlin’s lawfare attacks against me. The false harassment charge he filed in 2013 was nolle prossed and expunged so quickly that I was never served. His Kimberlin v. Walker, et al. nuisance lawsuit never made it to a jury. The Kimberlin v. The Universe, et al. RICO Madness never made it past the motions to dismiss, and the Fourth Circuit Court of Appeals shut down TDPK’s appeal of that dismissal on the morning of the first day after the last informal briefs were due. The bogus peace order he filed against me was denied. The appeal of that denial was thrown out, and so was the follow on false criminal charge of online harassment of a minor. He still has two lawsuits and an appeal pending against me, and all seem to be headed down the tubes. Indeed, it now seems proper to refer to them as LOLsuits.

Which brings me to a new term I’ve coined to describe how to publicly deal with Team Kimberlin’s legal shenanigans—

LOLfare

popcorn4bkAs I wrote yesterday morning, lawfare needs to be taken seriously in the courts of law, but it needs to be aggressively ridiculed in the courts of public opinion.

I intend to keep talking and writing about the serious damage Team Kimberlin has inflicted on so many people, and I will treat that seriously. Murum aries attigit.

However, I intend to subject Team Kimberlin to derisive laughter at every opportunity. Asinīs dērīdeō sed eis non miserēbor.

* * * * *

I’m not done with him yet.

Team Kimberlin Post of the Day


One of the reasons that Brett Kimberlin has done so poorly with his pro se lawfare is that he’s screwed up the discovery process in all of cases he’s been involved in. The TKPOTD for four years ago today dealt with one of his failed motions seeking a protective order in one of his attempts to get out of providing evidence to an opposing party.

* * * * *

The Kimberlins have filed a motion for a protective order in the Walker v. Kimberlin, et al. lawsuit. They aren’t seeking protection of documents that are turned over as a part of discover. They want to be completely excused from having to provide any discovery.

Their basic argument boil down to: We are special snowflakes and should not have to produce evidence of the allegations we make. The court should trust us, and we should be allowed to blindside the plaintiff with surprise evidence if this case ever makes it to trial.

popcorn4bkOf course, that’s legal rubbish, but I’ll leave it to Aaron Walker to demolish their motion when he files an opposition.

Meanwhile, it looks as if Aaron has asked some probing questions in the discovery he served on the Kimberlins. It will be interesting to see what might come out in a motion for summary judgment—if one is needed. If the court enforces the Kimberlins’ default, …

* * * * *

While the Kimberlins didn’t wind up in default, their antics would up result in the court sanctioning Tetyana Kimberlin for failure to be deposed during discovery.

BTW, every single discovery item that Kimberlin asserted was irrelevant related to an allegations in the false criminal charges that Brett or Tetyana Kimberlin had filed against Aaron Walker.

Team Kimberlin Post of the Day


One of Brett Kimberlin’s most stupid LOsuits was the case he filed against Mitch McConnell and Chuck Grassley seeking to have a U. S. District Court rule that because they weren’t taking up the nomination of Merrick Garland to the Supreme Court, the Senate had waived advice and consent to the nomination—and that Garland should be seated on the court. When the District Court dismissed the case for lack of subject matter jurisdiction (caused by The Dread Deadbeat Pro-Se Kimberlin’s lack of standing to sue), Kimberlin appealed the dismissal to the Fourth Circuit Court of Appeals. Because of some outright lies in TDPK’s appeal brief, I filed a motion to intervene in the appeal in order to correct the record before the court. Four years ago, I published a post titled Meanwhile, at the Fourth Circuit … which contained TDPK’s opposition to my motion to intervene. It may have contained more lies per square inch than any other court paper he filed in a civil case up to that point.

* * * * *

… The Dread Pro-Se Kimberlin doesn’t think I should be allowed to intervene in his appeal of the dismissal of his Kimberlin v. McConnell, et al. LOLsuit.

Any comment from me on this matter will come through my lawyer.

* * * * *

The Fourth Circuit deferred ruling on my motion to intervene pending a review of the merits of the case. When the Court of Appeals upheld the District Court’s dismissal, my motion became moot.

Team Kimberlin Post of the Day


On 1 July, 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were thrown out on summary judgment because there was either no evidence to support them or because they weren’t valid causes of action, that is, valid reasons to sue. It turns out that including claims for invalid causes of action would be a common problem with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. The TKPOTD for six years ago today dealt with one such defect in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

* * * * *

In fact, that July did see a lot of legal tussle which culminated in TDPK losing the first of the four LOLsuits he filed against me during August.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


July seems fo be bogus subpoena month for Team Kimberlin. Here are a pair of posts about subpoenas requests made during a couple of their LOLsuits. The first is the TKPOTD from five years ago today and deals with The Dread Deadbeat Pro-Se Kimberlin’s RICO Remnant LOLsuit. The second is a Legal LULZ Du Jour from three years ago today. It deals with The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact.

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The Dread Pro-Se Kimberlin is scurrying about trying to put together a case against Patterico to keep the remnant of the RICO Madness LOLsuit alive. He’s asked the court to issue these subpoenas.

I may have more to say about this in a day or two.

* * * * *

Wanna bet?

This is what the U. S. District Court for the District of South Carolina Information on Representing Yourself in a Civil Action says about subpoenas on page 16—

Also—

Notice to Other Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.

—Federal Rule of Civil Procedure 45(a)(4)

So The Dreadful Pro-Se Schmalfeldt won’t get any subpoenas issued until after the Court has granted a motion allowing them (a motion that would likely be opposed), and if he gets any subpoenas, he can’t serve them until he has served a copy on each defendant.

Nothing is likely to proceed as the Cabin Boy™ has hallucinated.

* * * * *

The U. S. District Court for the District of Maryland never issued those subpoena Brett Kimberlin sought. However, it did issue a subsequent one directed to me, but Kimberlin never properly served it. I could have blown it off, but in an effort to avoid further hassles, I responded with all of the relevant information I had. Because nothing I provided was helpful to his case, TDPK filed a motion to have me sanctioned by the court. That motion died when Paterico won the case.

The U. S. District Court for the District of South Carolina never issued any of the subpoenas in Bill Schmalfeldt’s LOLsuit VIII because he never complied with the court’s rules regarding pro se subpoenas.

In both cases everything wound up proceeding as I had foreseen.

And both the losers lost.

Team Kimberlin Post of the Day


Here’s the TKPOTD from three years ago today. Kimberlin’s motion that it presents is full of lies, and it misstates the law related to discovery in the case.

* * * * *

Yesterday afternoon, I posted the online docket entry for this—

I don’t plan to make any substantive public statement about this motion in any form other than a court paper until after the court has ruled on it.

Everything is proceeding as I have foreseen.

* * * * *

One the most transparent lies in the motion was the claim that I didn’t allege damages until over a year after I filed the lawsuit.

After enumerating losses I suffered and costs I incurred, paragraph 33 of my complaint states, “Thus, Mr. Hoge suffered actual damages.” Similarly, paragraph 62 damages suffered and ends with, “Thus, Mr. Hoge suffered actual damages,” as does paragraph 71.

The Gentle Reader should not be surprised that the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion.

Team Kimberlin Post of the Day


Yesterday was the fourth anniversary of the Maryland Court of Appeals (the state’s highest court) denying Brett Kimberlin’s petition for a Writ of Certiorari in his appeal of the Court of Special Appeals affirmation of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. This post, Another One Bites the Dust, announced the denial four years ago today.

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Yesterday, the Maryland Court of Appeals published the list of petitions for writs of certiorari it has denied for the month of June. Here’s an extract from the list.Cert denied 20160625This was The Dread Pro-Se Kimberlin’s attempt to appeal the affirmation by the Court of Special Appeals of the defendants’ win in the Circuit Court, and it keeps his batting average perfect at .000.

Everything is proceeding as I have foreseen.

* * * * *

Gentle Reader, I’ve taken to referring to Kimberlin as The Deadbeat Pro-Se instead of The Dread Pro-Se. Given his life history and his recent record in court, it may be that The Dud Pro-Se Kimberlin is appropriate as well.

Hmmmmm.

Team Kimberlin Post of the Day


Today is the fifth anniversary of this Qapla’ post.

* * * * *

The Court of Appeals for the Fourth Circuit has dismissed The Dread Pro-Se Kimberlin’s appeal of the U. S. District Court’s dismissal of all but one of the claims in his Kimberlin v. The Universe, et al. RICO Madness.

I’ll have more to say about this later.

* * * * *

Of course, winning that appeal was a special victory for me, but I suppose it was just one of the “over a hundred” lawsuits that The Dread Deadbeat Pro-Se Kimberlin has filed—and lost.

Team Kimberlin Post of the Day


Six years ago, my codefendants and I were in the midst of the first of Brett Kimberlin’s LOLsuits against us, the Kimberlin v. Walker, et al. nuisance suit. Ali Alexander and Aaron Walker were both codefendants with me in two more cases (Kimberlin v. National Bloggers Club et al . (I) RICO Madness and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread). Stacy McCain and Kimberlin Unmasked were only included in the next one. I got a completely fresh set of codefendants for the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit.

Discovery was due in that first case during May, 2014. Kimberlin’s responses to our interrogatories, requests for admissions, and requests for documents were generally unsatisfactory. The TKPOTD from six years ago today dealt with one of those inadequate responses.

* * * * *

The Dread Pro-Se Kimberlin seems to believe that he’s a super special snowflake who shouldn’t have to answer those pesky and impertinent discovery interrogatories I’ve sent his way as part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. This is from his motion for a protective order to allow him to dodge answering.InterogPara86Here’s paragraph 86—BK v AW FAC-86

Now, let me get this straight. TDPK is suing me for a million bucks, and information that would tend to either verify or refute his allegations is irrelevant to the case.

Uh, huh.

Stock market tip: Conagra owns the Orville Redenbacher’s brand.

* * * * *

Although Kimberlin probably still doesn’t understand the irony, his response to that interrogatory was truthful in one sense. Kimberlin lost his case because he never presented any evidence to the court that we had said or written anything false about him. Because there were no facts for the jury to try, the judge granted a judgment in our favor as a matter of law.. So, yes, the facts related to paragraph 86 of Kimberlin’s complaint were “irrelevant to [his] case.”

Team Kimberlin Post of the Day


Team Kimberlin has rarely been effective in anything thing they tried, and the usual cause of their failure has has been a high level of incompetence shared among all of the members. Brett Kimberlin has rarely been able to figure out how to properly file legal paperwork, and his PR flacks have rarely been able to tell coherent stories to spin his narratives. For example, consider this Prevarication Du Jour from five years ago today.

* * * * *

The Cabin Boy™ has claimed that I have to look back to 2013 to find his nonsensical legal mouthings. A few hours or a few days will do. For example, …@GrouchyOldLib201505182332ZThe only accusation of stalking ever filed against me was in Brett Kimberlin’s recent peace order petition. However, it was thrown out during the ex parte hearing for the temporary order, that is, the judge found that the accusation of stalking was bogus.

I’ve been charged with harassment twice. The first time was in 2013. Brett Kimberlin filed the charge which was dropped and expunged so quickly that I was never served. There’s another charge pending about which I will not comment until after I have been served with the charging document, know what I’m actually accused of, and have reviewed that with counsel.

Meanwhile, the Cabin Boy™ continues to get things wrong.

UPDATE—As to that thing about being sued by multiple people, yeah, I’m being sued by two people, Brett Kimberlin and the Cabin Boy™. Kimberlin lost his first two suits against me (Kimberlin v. Walker, et al. and Kimberlin v. National Bloggers Club, et al. RICO Madness). His third suit against me (Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo) is in the early stages, but I have have filed a motion to dismiss which Kimberlin has failed to oppose.

The Cabin Boy™ has filed several suits or sets of counterclaims against me. He withdrew the first suit two days after he filed it. His counterclaims were dismissed with prejudice. His second suit was dismissed for lack of subject matter jurisdiction. We’ll have a hearing on one of my motions to dismiss his latest frivolous lawsuit next Wednesday.

UPDATE 2—Let’s do a thought experiment. Pretend that The Dreadful Pro-Se Schmalfeldt’s current LOLsuit survives the motions to dismiss. Is it possible that the Defendants might file counterclaims? What interrogatories might be asked in discovery? What documents might be sought? Who might be deposed? Does the Cabin Boy™ have the means, financial or otherwise, to finish what he has started?

Inquiring minds want to know. If the Cabin Boy™ is lucky, they won’t find out.

* * * * *

Yeah, Schmalfeldt’s been nearly completely incompetent as a pro se plaintiff too.

Team Kimberlin Post of the Day


What kind of person builds time bombs and sets them in public places?

I believe that cowardice would be one of such a person’s defining characteristics.

What kind of person files multiple privileged court documents filled with defamatory lies but will never say the same things in a non-privileged forum?

Again, cowardice is probably part of the person’s character.

This post from four years ago today is about such a person.

* * * * *

On Wednesday, several items appeared on the case docket that had been filed by Brett and Tetyana Kimberlin. Yesterday, I obtained copies from the Clerk of the Court. (The Dread Pro-Se Kimberlin hasn’t served me with copies yet.) Last night, I reviewed their filings, and this morning, I filed a motion to strike one of them which I believes contains improper, immaterial, and scandalous material in its title in violation of Md. Rule 2-322(e).

Here is the Kimberlin filing with the title redacted.

Here is my motion to strike.

My motions speaks for itself, so I do not intend to make any further public comment on either motion until the court has ruled on them.

* * * * *

While the court did not strike the Kimberlins’ motion, it did order the caption redacted in the Maryland Case Search Database.

Team Kimberlin Post of the Day


Brett Kimberlin would have the world believe that he is the most special of special snowflakes and that anyone who doesn’t give him what he wants is engaged in harassment. He’s even tried to claim that a judge who ruled against him did so in order to harass him. The Legal LULZ Du Jour posted four years ago today contained a motion The Dread Deadbeat Pro-Se Kimberlin filed to have that judge removed from a case.

* * * * *

Brett Kimberlin is now claiming that he is being harassed by Judge Mason:

[T]he Court has, by word and conduct, manifested bias and prejudice, and harassed Defendants based on prejudice against victims.

That’s found near the bottom of the fourth page of this—

I’m looking forward to seeing how this plays out.

* * * *

Of course, the judges that TDPK has faced during his campaign of lawfare have not tried to harass him. In fact, they’ve often allowed him to get away with inappropriate behavior because he was proceeding without legal counsel. However, it does look as if Kimberlin managed to push several courts to their limits.

The Circuit Court in Montgomery Count doesn’t usually assign most civil cases to one judge who follows from complaint to trail. Hearings are handled by whichever judge happens to be sitting on the day a hearing is scheduled, and one judge doesn’t pickup the case until it goes to trial. At least six judges handled the various preliminary hearing in the Kimberlin v. Walker, et al nuisance LOLsuit during 2013 and 2014. Kimberlin was able to tell different stories to different judges at different hearings, preventing the case from being dismissed and causing the case to go to trail—only to see the trial end in a directed verdict for the defendants when it turned out that Kimberlin didn’t have a viable case. Kimberlin’s subsequent LOsuits in the Montgomery Count Circuit court were all assigned to one judge who couldn’t be flimflammed with changing stories. Kimberlin v. National Bloggers Club, et al. (II) and Kimberlin v Hunton & Williams, et al. (II) both ended in dismissal.

The U. S. District Court caught on fairly quickly and began assigning all of Kimberlin’s cases to the same judge. Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al. were all dismissed. Kimberlin v. Frey ended with summary judgment for the defendant.

Justice isn’t harassment.