Team Kimberlin Post of the Day


Yesterday morning, I filed what is known as a Rule 2-504.2 statement with the court in the Hoge v. Kimberlin, et al. lawsuit. All the parties to the case were supposed to have filed one by close of business yesterday so that the magistrate who is presiding over the pretrial conference next Friday can prepare for that meeting.

Rule 2-504.2 lists topics that should be covered in the statement depending on which party is providing the information. In my statement I listed the facts I intend to use to prove my case, suggested simplifications and limitations of issues, detailed the damages I’m claiming and the relief I’m seeking, listed of documents I plan to offer as evidence, and identified my prospective witnesses.

The pretrial conference is scheduled for 10:30 Friday morning. The scheduling orders says:

All interested parties to a case … shall personally be in attendance at the pretrial conference. Failure to do so will result in the continuance of the pretrial conference and sanctions, including attorney’s fees.

Everything is proceeding as I have foreseen.

T-minus 6 days and counting.

Team Kimberlin Post of the Day


It is my general policy not to comment on the specific merits of the various court papers filed in cases in which I am a party until after the court has ruled on the matters they address. However, I do sometimes try to provide a layman’s perspective of the legal issues involved. Remember, IANAL, so this is layman’s commentary.

As I understand it, the purpose of summary judgment is to allow the court to decide all or part of a case as a matter of law for those portions of the case where there are no facts to be tried.  For example, when The Dread Pro-Se Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, and me in the Kimberlin v. Walker, et al. LOLsuit, we defendants were granted summary judgment on five of the seven counts because given the facts that both sides agreed to, we were entitled to win as a matter of law. So in order for a motion for summary judgment to be successful, the moving party must first show that there are no genuinely disputed material facts that require the court to conduct a trial. Then the moving party must show that he is entitled to judgment in his favor as a matter of law. Thus, if there is even one genuinely disputed material fact, a motion for summary judgment should fail.

The Gentle Reader may wish to keep that in mind while reading this latest filing from the Kimberlins in the Hoge v. Kimberlin, et al. lawsuit.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Logins

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2017 MAY 22 10:56:28 UTC tag/brett-kimberlin
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Hmmmmm

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 3 days and counting.

UPDATE—This may come as a shock to the Cabin Boy™, but the Team Kimberlin Post of the Day is not always about him. Hint: Those blog hits are from a Maryland IP address.

Team Kimberlin Post of the Day


One of the things we have been asking the courts to do is to enjoin Brett Kimberlin and Bill Schmalfeldt from filing any more pro se lawsuits without prior clearance by a judge. We haven’t been successful. Yet.

OTOH, the Cabin Boy™ has filed LOLsuit VIII: Avoiding Contact pro se in the U. S. District Court for the District of South Carolina—one of the few districts that require all pro se lawsuits to be reviewed by a Magistrate Judge before they are allowed to proceed and have summonses issued. I have a motion to dismiss on several grounds all tooled up ready to use, but I’ll hold on to it for now. The odds are that I won’t need it.

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 5 days and counting.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin managed to get some sort of memorandum filed before time ran out in the Kimberlin v. Frey RICO Remnant LOLsuit, and he actually wrote more than Judge Hazel asked for.

The memorandum was filed unde seal.

The ball is in Judge Hazels court now to deal with the pending motions for summary judgment.

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 7 days and counting.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin’s memorandum concerning Judge Hazel’s alternate potential reason for granting summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit is due today.

And in Hoge v. Kimberlin, et al.—

T-minus 8 days and counting.

Team Kimberlin Post of the Day


About two-and-a-half weeks ago, the Kimberlins filed this—

Last Friday, I filed this in reply to Tetyana Kimberlin’s opposition to my motion for summary judgment against her and in opposition to Brett Kimberlin’s motion for summary judgment.

The motions gibber or speak (in that order) for themselves, so I don’t plan to have any further substantive comment about this until the court has ruled on the motions.

T-minus zero.