Team Kimberlin Post of the Day


Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year

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The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

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2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day


Bill Schmalfeldt never amounted to much, but over the past five years that he’s been trying to cyberstalk and harass me, he’s managed to diminish himself and his place in the world even further. This year has seen a particularly rapid decline.

As 2016 turned the corner into 2017, the Cabin Boy™ moved from a nice apartment in a complex for senior citizens near Milwaukee to a bungalow in Clinton, Iowa. His Stage Eleventy-Six Parkinson’s disease went into sufficient remission that was was able to drive and hold down a job. But not for long.

Within weeks of returning to the airwaves as an afternoon DJ, he was let go for what appears to be insubordination (based on Tweets he published around that time). It also seems that shortly thereafter his driving skills had sufficiently deteriorated that he managed to ruin a couple of tires on the beater he had bought. His futile attempt to blame someone else for the damage failed, and the Clinton Police Department took no action on his complaint.

After less than four months in Clinton, “they know me here,” Iowa, the Cabin Boy™ moved to South Carolina, ostensibly for love. He hadn’t been there long when found that he was going to be stuck living in extended stay hotels and motels because he could not qualify to rent a house or apartment. That realization appears to be one of the triggers for Schmalfeldt’s LOLsuit VIII: Avoiding Contact. Indeed, he alleged in that LOLsuit that South Carolina landlords were refusing to rent to him because of what they had read after doing Google searches on his name. Of course, he had no evidence to support such a claim, as Magistrate Judge West pointed out in her Recommendation that the case be dismissed:

It is noted that Plaintiff provides no proof other than his own self-serving statements …

And another of The Dreadful Pro-Se Schmalfeldt’s LOLsuits has bitten the dust.

So the Cabin Boy’s™ living arrangements look to be spiraling further down hill. The jokes about cardboard boxes and dumpsters may not be too far off.

Schmalfeldt appears to believe that he had one win during the year. He did, sorta kinda, in that I was not awarded damages in my breach of contract lawsuit against him. However, the court found that he breached the contract, and during the course of the case, he admitted to the knowing use of my copyrighted works without permission. He didn’t appeal the findings in that case, so they are now settled. And useful. As I’ve said before, I’m not done with Schmalfeldt yet.

If he doesn’t self-destruct first.

Team Kimberlin Post of the Day


While The Dread Deadbeat Pro-Se Kimberlin has spent the last few years failing in his use of lawfare as a means of brass knuckles reputation management, the efforts by his PR flacks such as Bill Schmalfeldt have been equally inept. Consider this Bonus Prevarication Du Jour from four years ago today.

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db201312291211ZAw, the poor Cabin Boy doesn’t think that I’ve adequately addressed all the ludicrous allegations he’s put in his tweets and posts over the past few days. OK, let me be specific in affirming what he got right—because that’s a much shorter list and will save time and pixels.

He has spelled my name correctly. Sometimes.

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In fairness, I should also add that the Cabin Boy™ has also spelled his own name correctly. Sometimes.

Qapla’


I received a phone call a few minutes ago from Louis Nettles, the lawyer representing my codefendants and me pro bono in LOLsuit VIII: Avoiding Contact. The suit is now officially dead.

I wish thank Mr. Nettles for his help.

Everything is proceeding as I have foreseen.

UPDATE—I’ll just make one other point concerning LOLsuit VIII for now. As I’ve noted before, I’m not through with Bill Schmalfeldt yet. The proper next step depended on the outcome of this case. Now that it is resolved, the appropriate course of action is defined.

Based on advice from our lawyer, I’ve not published much about  this case while it was in progress. I’ll have more to tell the Gentle Readers about LOLsuit VIII over the next few days.

Stay tuned.

Team Kimberlin Post of the Day


As Breitbart Unmasked Bunny Billy Boy Brett Unread slowly spirals down the drain into complete irrelevance, here’s a look at one of Matt Osborne’s many feeble attempts to spread lies to support Brett Kimberlin’s false narratives. It was first published as a Bonus Prevarication Du Jour four years ago today.

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Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

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The Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt have never found lawyers willing to represent them in any of their losing LOLsuits. Indeed, the law firm dragooned into helping Schmalfeldt for free dismissed LOLsuit VII. But the victims of Team Kimberlin’s lawfare have had multiple lawyers (including several working pro bono) help them with their defenses.

A lawfare campaign like TDPK tried to execute will only work against a naive target who is unwilling to risk going to court, someone who will seek to settle. Most of the people and institutions Brett Kimberlin chose to attack were neither naive nor unwilling to defend their First Amendment rights. As an elderly knight said, “He chose … poorly,” and coming after me was his worst choice.

Team Kimberlin Post of the Day


Is LOLsuit IX: Desperation coming? The Cabin Boy™ seems to be making threats of the direst of dire direness once again—Rather than fisk the whole thing, I’ll limit my pointage, laughery, and mockification to the first and last tweets of that thread.

The Cabin Boy™ continues to display his lack of understanding of the Rules of Evidence, Patrick Grady is under no obligation to admit or deny whether his is Paul Krendler based on Schmalfeldt’s flimsy complaints. If The Dreadful Pro-Se Schmalfeldt wants to sue Paul Krendler, the burden is on the Cabin Boy™ to correctly identify who he is suing. I’ll also note that Paul Krendler has not admitted to being any one particular individual. For all the Cabin Boy™ knows, he’s being tag teamed. Further, Schmalfeldt has now sued Grady four times alleging that he is Paul Krendler, and one of those suits was dismissed with prejudice. IANAL, but I’ll bet that Fed. R. Civ. P. 41 prohibits any further such suits at this point.

As for the last tweet, which “authorities”? What new crime is TDPS going to allege that Paul Krendler has committed? Or has the Cabin Boy™ still not figured out that the cops aren’t going to waste time on Schmalfeldt’s butthurt?

Oh, one more thing … LOLsuit VIII has not been formally dismissed. We’re not done with the Cabin Boy™ yet.

Everything is proceeding as I have foreseen.

UPDATE—Fixed a typo. Also, here are some logins and some more tweets:

2017 DEC 24 06:02:12 UTC Home Page
2017 DEC 24 06:04:31 UTC 2017/12/24/team-kimberlin-post-of-the-day-1746
2017 DEC 24 06:05:43 UTC 2017/12/23/are-you-pondering-what-im-pondering-2932
2017 DEC 24 06:09:59 UTC 2017/12/23/team-kimberlin-post-of-the-day-1745
2017 DEC 24 06:11:13 UTC 2017/12/22/blognet-87
2017 DEC 24 06:15:01 UTC 2015/12/21/hit-a-nerve-have-we-4/screen-shot-2013-03-20-at-8-46-14-pm-700×336

Team Kimberlin Post of the Day


One of the things that The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt have whined about is that the defendants in their LOLsuits are engaged in vexation litigation by defending ourselves. I suppose we’ve vexed them by winning. The TKPOTD from four years ago today deals with TDPK’s losing record.

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RICOMadnessOne of The Dread Pro-Se Kimberlin’s lawfare tactics is to try to paint any opponent as engaging in shady behavior that’s more properly characteristic of Kimberlin’s own actions. Here’s a line from a post over at Breitbart Unmasked (No, I won’t link to it.)—
BU20131206a

“A vexatious litigant” am I? Vexatious litigation is usually understood to be legal action initiated maliciously and without probable cause by an individual who is not acting in good faith for the purpose of annoying or embarrassing an opponent. Litigation winds up being classified as vexatious when an attorney or a pro se litigant repeatedly files groundless lawsuits and repeatedly loses.

The Dread Pro-Se Kimberlin brags about having filed “over a hundred lawsuits.” What’s his record of winning?

He lost Kimberlin v. Crest Paragon Productions, his first RICO suit.
He lost the Kimberlin v. Walker I peace order.
He lost the Kimberlin v. Walker II peace order.
He lost the Kimberlin v. Norton peace order.
He lost the Kimberlin v. Elliott peace order.
He lost the B. Kimberlin v. T. Kimberlin protective order.
He lost Kimberlin v. DeLong, his appeal of the DeLong judgment.
He lost Kimberlin v. Department of Justice, et al., a suit seeking to keep Mrs. DeLong from collecting what he owed.
He lost Kimberlin v. Dewalt, his appeal of his parole revocation.
He lost Kimberlin v. Brewer, another parole related case.
He lost Kimberlin v. Department of Justice, his suit to be able to have an electric guitar in prison.

I could go on and on.

With all that in mind, the Gentle Reader should not be surprised to learn that more than one of the defendants in the Kimberlin v. The Universe, et al. RICO case are seeking to have the court find that Brett Kimberlin is a vexatious litigant.

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Four years later, TDPK’s record is even worse. He’s lost all of these LOLsuits too:

Kimberlin v. Walker, et al.
Kimberlin v. National Bloggers Club, et al. (I)
Kimberlin v. Hoge peace order
Kimberlin v. Hunton & Williams LLP, et al. (I)
Kimberlin v. Home Depot
Kimberlin v. National Bloggers Club, et al. (II)
Kimberlin v. McConnell, et al.
Kimberlin v. Hunton & Williams LLP, et al. (II)

Additionally, it appears that the Kimberlin v. Breitbart Holdings, et al. LOLsuit is about to be thrown out as well, and the Cabin Boy™ has lost (or is in the process of losing) all 8 of his LOLsuits. I’ve personally been a defendant if ten of their LOLsuits, peace orders, or counterclaims, and I’ve beaten them every time.

Everything is proceeding as I have foreseen.