Team Kimberlin Post of the Day

There’s still no news about the pending Team-Kimberlin-related court cases, so here’s another recycled post. This was the Prevarication Du Jour from four years ago today. The Cabin Boy’s tweet refers to The Dread Pro-Se Kimberlin’s first LOLsuit, Kimberlin v. Walker, et al., and is an example of Schmalfeldt’s making stuff up as he goes along with no connection to Reality.

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ftrrnews201310111937ZCutting my own deal am I? Well, Gentle Reader, I did offer Brett Kimberlin a cheap way out of his Kimberlin v. Walker, et al. lawsuit. He opted not to settle, so my lawyer has filed an answer to his complaint.

I have no intention of conducting my defense of the suit on the Internet, but items filed as part of the court docket become public documents unless they are sealed. Since anyone who goes to the courthouse can get a copy of a docket item for fifty cents per page and since the truth is on my side, I will, at least for the time being, post my filings to save folks the trip. I’ll delay the postings to allow time for any other party to receive service before anything appears online.

I do not plan to have any comments on filings when I post them. To do so could give away information on my counsel’s legal strategy which would be useful to the other side.

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Aaron Walker, Stacy McCain, Ali Akbar, and I worked closely together and our pro bono counsel and beat Kimberlin. Five of his seven claims were thrown out on summary judgment. That meant that even if everything Kimberlin had alleged in them had been true, we were still entitled to win as a matter of law. We were granted a directed verdict on the other claims, because TDPK failed to present any evidence to support them.

Throughout the case, everything proceeded as I had foreseen, especially the Cabin Boy’s™ repeatedly making a fool of himself with his reporting on the lawsuit.

An Anniversary

Today is the fifth anniversary of the altercation outside of Courtroom 9D in the Montgomery County Circuit Courthouse which led to Brett Kimberlin’s false claims that he had been assaulted by Aaron Walker. The Dread Pro-Se Kimberlin sought to use that imaginary assault as the basis of a peace order against Aaron, and a court hearing his petition found that no assault occurred.

TDPK has continued to use his story of being assaulted by Aaron as a part of various civil suits, submitting apparently inconsistent medical records in those cases. None of Kimberlin’s lawsuits claiming that Aaron assaulted (or battered) him survived a motion to dismiss.

He also included his story of the imaginary assault sending him to the hospital in the 2013 Application for Statement of Charges that he filed against Aaron. When Aaron sued for malicious prosecution, the jury found that Kimberlin had lied about being sent to the hospital.

Perhaps the biggest problem TDPK has had in peddling his tale is the existence of security camera video of the incident which shows that Aaron did not “deck” him as he initially claimed. Of course, the existence of contrary documentary evidence has rarely been a barrier to Kimberlin’s outrageous allegations against his perceived enemies, and I doubt that a jury’s recent finding that he lied about his “assault” will no more squelch his telling the tale that did the judge’s finding almost five years ago that no assault occurred.

Team Kimberlin Post of the Day

Here’s Judge Mason’s order striking almost everything the Kimberlins had filed in the Walker v. Kimberlin, et al. lawsuit from their answer onward.

On Wednesday, The Dread Pro-Se Kimberlin refiled what was stricken, claiming that he has properly served Aaron Walker this time and that he can provide traceability of each filing to a Certified Mail green card. We’ll see how that goes.

He’s also filed a whiny motion complaining about how expensive it was to comply with the court’s instructions and also questioning whether the judge has the authority to order that all service be by Certified Mail. Of course, it’s well-established that a court has the inherent authority to manage its docket.

Except as limited by statute or rule, a trial court has inherent authority to control its own docket. A rule authorizing a litigant to file a procedural motion for this purpose in one respect or another should not be construed to prohibit the court from accomplishing the same object sua sponte unless such construction is compelled by clear language. An illustration of this principle is Link v. Wabash Railroad Company, 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). That case involved Rule 41(b), Fed. R. Civ. P., which provides that “the defendant may move for dismissal of an action” for, inter alia, failure of the plaintiff to prosecute the action. In Link, the trial court sua sponte dismissed the action because of the plaintiff’s failure to prosecute. In the Supreme Court, the plaintiff argued that, because the rule expressly referred only to a motion by the defendant, the rule “by negative implication” prohibited a dismissal by the court sua sponte. 370 U.S. at 630. The Supreme Court rejected this construction of the rule, pointing out that neither its language nor its policy required a construction abrogating the inherent “power of courts, acting on their own initiative, to … [control] their calendars,” ibid.

—Goins v. State, 293 Md. 97, 111 (1982).

popcorn4bkEven if the court accepts the refiled papers, most of them are now untimely. For example, the Kimberlins’ answer to the complaint is now months late. We shall see how many—if any—of these now overdue filings come back in.

What was it that Stacy McCain called Brett Kimberlin? Oh, yeah—The World’s Worst Pro Se Litigant™.

RICO 2 Retread LOLsuit Update

The Kimberlin v. Hunton & Williams LLP, et al. (II) case docket in the Circuit Court for Montgomery County has been updated.420644 DI 16420644 DI 20

(Docket Items 17, 18, and 19 are Notice of Appearance for various defense lawyers.)

The court may grant the motion for leave to file a global response to the motions to dismiss. That’s fairly common in complex cases. However, I’ll bet that Hades will probably undergo substantial global cooling before the motion to disqualify/recuse is successful.

Team Kimberlin Post of the Day

I have to be careful in writing this post in order to avoid educating the midget.

I was very pleased with one of the results of last Friday’s hearing in the Walker v. Kimberlin, et al. lawsuit. The portion of the suit going forward deals primarily with malicious prosecution and malicious use of process. Aaron Walker’s malicious prosecution claims derive from false criminal charges filed in 2013 (harassment) and 2015 (electronic harassment of a minor), and his malicious use of process claim stems from the frivolous and vexatious Kimberlin v. Walker, et al. nuisance lawsuit that The Dread Pro-Se Kimberlin lost in 2014.

popcorn4bkI was simultaneously falsely charged with harassment and electronic harassment of a minor along with Aaron Walker, and I was one of the et al. in that lawsuit. Thus, I should have a parallel set of claims based on essentially the same facts. So if the Walker v. Kimberlin, et al. suit is successful, …

Stay tuned.

Reward Claimed!

wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.


UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

Team Kimberlin Post of the Day

One of the recurring lies that Breitbart Unmasked and other associates of Brett Kimberlin keep telling is the one about Mrs. Kimberlin being 18 years old when she married The Dread Pro-Se Kimberlin. There is documentary evidence—sourced from both Brett and Tetyana Kimberlin—that she was 15 years old when he brought her to Maryland and that she was 16 when they married.

There’s no dispute that they were married in November, 1996. The marriage licenses shows her date of birth as 1978. However, that date is contradicted by Mrs. Kimberlin’s sworn statements in several court filings. On 7 July, 2013, before either Aaron Walker or I became aware of the Kimberlins’ marital difficulties, Mrs. Kimberlin filed the following petition for a protective order:

Note that she gives her date of birth as being in 1980.ProtectionSought

Similarly, Brett Kimberlin listed her date of birth as 11/80 in contemporaneous filings.TetyanaDOBSo both Brett Kimberlin and his wife gave her date of birth as being in 1980 in documents filed before her age became an issue. Brett Kimberlin did not change his story until after Mrs. Kimberlin filed the Application for Statement of Charges stating that she was under age when she was brought of Maryland.

1996 – 1980 ≠ 18.

In Re Kimberlin v. Walker, et al.

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 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.