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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

Team Kimberlin Post of the Day


Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.

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Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?

Mr. Kimberlin: Objection!

The answer to Mr. Ostronic’s question is very simple.

The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.3Defendants

Left to Right: W. J. J. Hoge (Hogewash!), Stacy McCain (The Other McCain), and Ali Akbar (@ali). Not pictured: Aaron Walker (Allergic to Bull) and Kimberlin Unmasked (@Kimberlinunmask)

The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.brett-kimberlin_mugshot

TThus, the name: Bomber Sues Bloggers.

You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.

Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,

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While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.

Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.

Team Kimberlin Post of the Day


Probably the least competent and most mockable member of Team Kimberlin is the musician wannabe William Ferguson. The TKPOTD from four years ago today dealt with one his failed predictions of the direst of dire direness that was supposed to befall me.

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S_A201605121243ZNow, that’s an interesting turn of phrase.

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Later that day, I put up this post—Bombshell Du Jour?

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I wonder if this is what Ferguson thinks is his “bombshell”?S_A201605130550ZThose are the forged tweets that Brett Kimberlin attempted to use as evidence during the District Court hearing for the peace order he sought against me last year. Those fakes have been debunked (go here for details), and the doubling down by Breitbart Umasked Bunny Boy Unread on a defamatory story that included them is one of the bases for the Hoge v. Kimberlin, et al. lawsuit.S_A201605130553Z

If I had been lying about those tweets during the District Court hearing, one would expect that they would have been offered again during Kimberlin’s appeal to the Circuit Court along with additional backup evidence developed during the two month delay. That didn’t happen—perhaps because Kimberlin knew that I could prove that I was not the source of the tweets. My lawyer had the necessary evidence sitting in a folder ready to be introduced if needed.

The Team Lickspittle EOD crew was sent to disarm Ferguson’s “bombshell” over a year ago. It turned out to be a dud.

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I seems like everything Team Kimberlin has touched since the Turn of the Century has been a dud.

The mockery continues.

Team Kimberlin Post of the Day


Brett Kimberlin started his campaign of lawfare in an attempt silence his critics. He sought to use civil suits, peace orders, and false criminal complaints to punish those who reported on his past and ongoing activities and to intimidate others from writing about him as well.

There were several major defects in his plan. One flaw was the fact that court proceedings are matters of public record except when rarely sealed for a few very limited purposes. Thus, his LOLsuits became matters for public reporting and mockery. Six years ago, I reported that #BrettKimberlin Haz Sad because he couldn’t conceal his filings in the RICO Madness LOLsuit.

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After turning the stupid knob up to 11 12, The Dread Pro-Se Kimberlin sent a proposed sanctions motion to Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. Now, he’s whining because his foolishness was made public. He seems particularly upset that Hogewash! posted a copy of his proposed sanctions motion.

It seems that TDPK has not yet realized that civil trials are conducted in public here in America and that he is not entitled to a secret Star Chamber proceeding against his intended victims. If TDPK can’t stand the heat, he should get out of the kitchen.

Tune in just after midnight for further commentary on TDPK’s latest filings.

UPDATE—Aaron Walker comments here.

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The Gentle Reader can find that further commentary here. I noted in that further commentary that “Brett Kimberlin had made a terrible mistake by suing my four codefendants and me in the state Kimberlin v. Walker, et al. nuisance lawsuit. He doubled tripled quadrupled down on stupid when he upped the ante and sued my twenty codefendants and me in the RICO Madness.”

His biggest mistake was suing me. I’m not done with him yet.