Filed Today in Hoge v. Kimberlin, et al.

I filed the following motion in the Hoge v. Kimberlin, et al. lawsuit this morning.

The motion speaks for itself, and I do not intend to make any further public comment on the matter outside of court filings until after the court rules on my motion.

Murum aries attigit.

Team Kimberlin Post of the Day

The year is not starting well for The Dread Pro-Se Kimberlin.

On 4 January, Judge Hecker ordered him to answer several of the interrogatories that he tried to blow off in the Hoge v. Kimberlin, et al. lawsuit.

On 12 January, the Fourth Circuit Court of Appeals found that TDPK’s appeal against me in the RICO 2: Electric Boogaloo LOLsuit was frivolous and imposed a $600 dollar sanction on TDPK. On the same day, that court also denied his petition for a hearing because he was late filing his motion for rehearing.

13 January was the drop dead date for TDPK to refile his defective appeal paperwork in the RICO Retread LOLsuit with the Maryland Court of Special Appeals. He waited until the 17th to file.

The Kimberlins filed a motion for sanctions against me in the Hoge v. Kimberlin, et al. case because I informed one of their supposed witnesses, Judge Mason, that they had listed him as a potential witness. Judge Hecker denied their motion on 18 January at same time as he denied their motion for summary judgment.

19 January was the deadline for TDPK to obey the order Judge Hecker issued on the 4th (see above). It appears that he failed to comply with that order.

popcorn4bkThe month’s not over yet, and Kimberlin must be wondering what will go wrong for him next. There are multiple possibilities, and I plan to take steps to make a couple of items more likely to occur than some others.

Stay tuned.

Team Kimberlin Post of the Day

Let’s see: $600 for the August, 2014, sanction; $150 for the the September, 2015, sanction; and another $600 for the sanction just imposed by the Fourth Circuit. That makes $1350 in unpaid sanctions hanging over The Dread Pro-Se Kimberlin. Come to think of it, he hasn’t paid the costs taxed to him last year by the Court of Special Appeals for his failed appeal of the Kimberlin v. Walker, et al. LOLsuit.

Murum aries attigit.

Team Kimberlin Post of the Day

The Maryland Court of Special Appeals kicked back The Dread Pro-Se Kimberlin’s defective appeal paperwork in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit and told him to fix it and resubmit it by 13 January, 2017, or risk having the appeal dismissed. It seems that he filed something. On the 17th. Four days late.

Now, we will see if the Maryland Court of Special Appeals is as keen to enforce its deadlines as the Fourth Circuit Court of Appeals.

Tick, tock

Team Kimberlin Post of the Day

I’ll just leave this right here.wjjhvbketal-di-110

Everything is proceeding as I have foreseen.

UPDATE—After I wrote this post and set the timer for it to go up just after midnight, I decided that I’d comment on the Kimberlins’ motions now that the Court has ruled on them. Let’s look at the “Corrected” Motion for Summary Judgement first.

The Kimberlins tried to argue that because they won the Walker v. Kimberlin, et al. lawsuit, they were entitled to a free pass in mine. However, I was not a party to that lawsuit and did not have an opportunity to present my side of my case to that judge and jury. The right to be heard and present one’s evidence is a fundamental part of due process. Thus, the findings the Walker case should not estop me from making claims, and they should not provide a res judicata shield to the Kimberlins. Also, I believe that the actual admissible evidence in the record showed that the Kimberlins were misrepresenting the findings in both the Walker lawsuit and the 2015 peace order petition hearings.

It seems that the court also wasn’t buying Brett Kimberlin’s specious claims that litigation privilege covered his emails that form the basis of my defamation claims against him.

Given all the defamation lawsuits he’s lost because of dismissals for failure to state a claim, it shouldn’t be surprising that The Dread Pro-Se Kimberlin would incorrectly claim that I have not alleged damages in my complaint—or that the court would disagree with him and side with me on that point. (Perhaps the Cabin Boy™ should take note of the court’s multiple refusals to find that I have not properly alleged damages.)

There seemed to be a great many technical problems with the motion as well, but IANAL, and I don’t want to educate the midget any more than necessary.

Now, let’s consider the motion to sanction me for writing to Judge Mason to inform him that the Kimberlins had listed him as a witness they intended to call. The motion was purely frivolous. Moreover, it was stupid, and that stupidity was compounded by the Kimberlins attaching a copy of my letter that showed that they were misrepresenting what I told the judge. I find it interesting that Judge Hecker ruled on the motion so quickly, only a week after I filed my opposition.

I don’t yet know the reason why my motion to strike the Kimberlins’ “corrected” motion was denied. One obvious reason could be that my motion became moot once the Kimberlins’ motion failed.

Stay tuned.