I’m not the only person who’s written about Brett Kimberlin’s lawfare. Seven years ago, this post, Eugene Volokh Weighs In …, linked to coverage in the Washington Post.
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… on the Court of Special Appeals decision in Kimberlin v. Walker, et al. at The Volokh Conspiracy.
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Prof. Volokh’s article contains links to other coverage from sites around the Interwebz.
Team Kimberlin’s lawfare peaked about six years ago. Of course that meant that their failure rated peaked as well. This was the TKPOTD for six years ago today.
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Last week saw the scales in the blindfolded lady’s hand weigh down further against Team Kimberlin. I believe we will see more of the same this week.
BTW, the blindfolded lady with the scales in one hand and sword in the the other is often identified as the Greek titaness Themis.
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Everything proceeded as I had foreseen.
And Team Themis never existed anyplace outside of Brett Kimberlin’s imagination.
Brett Kimberlin doesn’t like to take “No!” for an answer. The TKPOTD for five years ago dealt with one example of his pig-headedness.
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The Gentle Reader who has been following The Saga of The Dread Pirate Performer Pro-Se Kimberlin for several years should remember that TDPK lost the first LOLsuti he filed against me. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. I was one of the et al. First, he lost five of his claims at summary judgment. Those were claims about which there were no disagreement concerning the facts, and we won as a matter of law. Then, he lost on his defamation and false light invasion of privacy claims at trial. He could not show that anything Aaron Walker, Stacy McCain, Ali Akbar, or I had said or written about him were false.
Believe it or not, the case isn’t fully dead yet.
TDPK appealed his loss to the Maryland Court of Special Appeals, and a three-judge panel of that court affirmed the Circuit Court’s findings. He asked for an rehearing by the entire court, and that was denied. He petitioned the Maryland Court of Appeals (the State’s highest court) for a writ of certiorari, and that was denied. He has now announced in a filing he made with the Fourth Circuit Court of Appeals that he will file a certiorari petition with the Supreme Court.
Everything is proceeding as I have foreseen.
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And as I foresaw, there was no issue that could be appealed to there Fourth Circuit, and Kimberlin failed to file a certiorari petition with the Supreme Court.
This TKPOTD is from five years ago today.
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There’s been a disturbance in the Farce, and something has proceeded in a way I didn’t foresee.
The Dread Pro-Se Kimberlin has filed a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court) seeking an appeal of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit in the Circuit Court and the Court of Special Appeals affirming of that loss. I really thought that TDPK would have been smart enough to know when his licked. Apparently, he’s dumber than I thought.
I should have bought more popcorn futures.
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Of course, his petition for the writ was denied. Losing losers gotta lose.
Some of my favorite Team Kimberlin posts are titled Qapla’. This one’s from five years ago today.
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The Maryland Court of Special Appeals has affirmed the judgment of the Circuit Court for Montgomery County in Kimberlin v. Walker, et al. Brett Kimberlin has lost his appeal, so the verdict stands. Aaron Walker, Stacy McCain, Ali Akbar, and I win.
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The opinion’s final sentence says, “… he failed to satisfy the burden he bore to get to the jury …” Courts use that verb quite often in their opinions of Kimberlin’s LOLsuits.
The never-ending parade of silly mistakes made by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt in their various LOLsuits have yielded a gold mine of pointage, laughery, and mockification. Here are some bits from the TKPOTD, a Legal LULZ Du Jour, and a Bonus Legal LULZ Du Jour from four years ago today.
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I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent filings in the five active lawsuits in which he is a party. (BTW, four are LOLsuits he’s filed against me.) His writing is becoming … how to put this? … wilder and more full of stupid errors and omissions. I just finished reviewing something from one of the state cases, and its fatal error is both obvious and quite stunning. I won’t write about that mistake here because it’s the judge’s job to educate the midget on this one.
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The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.
Fed. R. Civ. P. 4(d)(3) says—
A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]
Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.
UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.
UPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.
Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.
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The Cabin Boy™ has yet another post up over at his Derp Brain Radio website (No, I won’t link to it.) in which he demonstrates his poor reading comprehension and his poor knowledge of the legal resources I have at hand. Given his track record, it’s possible that he has come up with a novel way to screw up service of process. We shall see.
As I noted earlier today, The Dreadful Pro-Se Schmalfeldt’s fear of having to face me in court will keep me out of LOLsuit VI: The Undiscovered Krendler, at least for the nonce, and I expect that the amended complaint [redacted]. All this means is that he’s surrendered his chance to control the actual venue after [redacted]. Meanwhile, I get to sit on the sidelines and point and laugh.
Heh.
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Tomorrow is Christmas Day, and this feature will take the day off.
So head out to the store to finish your shopping (or pickup more popcorn), enjoy the holiday, and …
Stay tuned.
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Yes, Merry Christmas, everyone!
Today is the fourth anniversary of the false criminal charge filed against me by the Kimberlins being dropped because there was no evidence to support their allegations. Their criminal complaint was filed alleging that I had engaged in online harassment of Tetyana Kimberlin’s elder daughter by writing truthful things about Brett Kimberlin on the this blog and Twitter after both the District Court and Circuit Court had denied a peace order petition against me based on the same allegations. Four years ago today, I ran this post titled And In Other Legal News.
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The Montgomery County State’s Attorney has entered a nolle prosequi on the bogus criminal charge filed against me.
That case is now resolved in my favor. The companion charge filed against Aaron Walker has received the same disposition.
UPDATE—Qapla’
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And three years ago today, I ran this post titled Another One Bites the Dust.
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Yesterday, the Maryland Court of Appeals published the list of petitions for writs of certiorari it has denied for the month of June. Here’s an extract from the list.
This was The Dread Pro-Se Kimberlin’s attempt to appeal the affirmation by the Court of Special Appeals of the defendants’ win in the Circuit Court, and it keeps his batting average perfect at .000.
Everything is proceeding as I have foreseen.
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I’m not done with the Dread Deadbeat Pro-Se Kimberlin yet.
It was three years ago today that the Maryland Court of Special Appeals affirmed the judgment of the Montgomery Circuit Court granting the defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit summary judgment of five counts of the suit and a directed verdict on the two counts that went to trial. After hearing the good news, I posted A Pair of Thank Youes.
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A great many people are due my thanks for help that came in many forms while I have been dealing with the Kimberlin v. Walker, et al. nuisance lawsuit. Two people deserve special thanks.
Ken White, aka Popehat, blogged about the lawsuit and put up the Popehat Signal alerting lawyers to my need for pro bono assistance. Thank you, Ken.
Patrick Ostronic answered the Popehat Signal and represented me during the trial and the appeal. He also represented Aaron Walker and Stacy McCain during the trial and Stacy during the appeal. Thank you, Patrick.
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The Kimberlin v. Walker, et al. case was the first of four LOLsuits The Dread Deadbeat Pro-Se Kimberlin filed against me. He lost every one as he also lost all the other LOLsuits he filed against my forty-plus codefendants. He’s also lost all the other LOLsuits he’s filed since 2012, including cases against, Home Depot and Senators McConnell and Grassley.
Brett Kimberlin has been no more successful at lawfare than he was at drug smuggling or bombings.
UPDATE—Patrick Ostronic also successfully represented me in the Kimberlin v. National Bloggers Club, et al. (II) LOLsuit.
Not everything goes as I expect. The TKPOTD from two years ago today reported such an occurrence.
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There’s been a disturbance in the Farce, and something has proceeded in a way I didn’t foresee.
The Dread Pro-Se Kimberlin has filed a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court) seeking an appeal of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit in the Circuit Court and the Court of Special Appeals affirming of that loss. I really thought that TDPK would have been smart enough to know when his licked. Apparently, he’s dumber than I thought.
I should have bought more popcorn futures.
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Of course, the Court of Appeals denied TDPK’s petition. At that point, he failed to petition the Supreme Court for a writ of certiorari, and his loss became final. That did proceed as I foresaw.
As noted in the TKPOTD from two years ago today, it’s been two years since the Court of Special Appeals taxed the costs of The Dread Deadbeat Pro-Se Kimberlin’s failed appeal of the Kimberlin v. Walker, et al. nuisance LOLsuit against the Appellant, i.e., TDPK. He still hasn’t paid.
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In yesterday’s TKPOTD I mentioned that The Dread Pro-Se Kimberlin had asked the Court of Special Appeals to reconsider it’s denial of his appeal of his loss in the Kimberlin v. Walker, et al. nuisance lawsuit. The court has denied his motion for reconsideration. It also has mandated that Kimberlin must pay court costs.
Perhaps the financial consequences of these court costs will give TDPK pause and cause him to carefully consider where he wants to file another frivolous appeal.
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I’m not done with him yet.
Two years ago yesterday, the Maryland Court of Special Appeals affirmed the judgment of the Montgomery County Circuit Court in the Kimberlin v. Walker, et al. nuisance LOLsuit. The Gentle Readers who have been following The Saga of The Dread Deadbeat Pro-Se Kimberlin likely remember that Judge Johnson grant the defendants’ motion for judgment after TDPK had rested his case. Kimberlin appealed that judgment on the two counts that went to trial and also the Circuit Court’s earlier granting of summary judgment in our favor on the abuse of process, intentional infliction of emotional distress, and other counts of TDPK’s complaint.
The Court of Appeals ruled:
Because we agree with the circuit court that only two of Mr. Kimberlin’s claims could go to trial, and that he failed to prove a fundamental element of those claims once he got there, we affirm.
Yep. Kimberlin failed. Qapla’.
One the most risible ways that Brett Kimberlin has hurt himself in his various LOLsuits is by introducing evidence which contradicts his own claims. The TKPOTD from three years ago today gives an example from a filing in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit.
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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin claims that there has been no final judgment in the state Kimberlin v. Walker, et al. nuisance lawsuit. He writes:
Moreover, there is no final judgment in that state case.
To prove his point he attached a copy of an order from the Court of Special Appeals relating to his appeal of the case. The first sentence of that order reads:
On November 14, 2014, the Circuit Court entered an Order dismissing the case.
This is another example of one of Kimberlin’s exhibits supporting the defendants’ rather than TDPK’s case. Dismissal is final judgment. Moreover, since dismissal was based on Kimberlin’s failure to present a “scintilla” of evidence to support his claims, it’s a judgment on the merits.
Game over.
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Ultimately, a three-judge panel the Maryland Court of Special Appeals affirmed the judgment of the Circuit Court. The Dread Deadbeat Pro-Se Kimberlin petitioned for an en banc review by the entire court which was denied, as was his petition for a writ of certiorari to the Court of Appeals (Maryland’s top court). He failed to file a timely petition for review by the Supreme Court, so the case is not only merely dead, it’s really, most sincerely dead.
I wonder … does TDPK still think the judgment isn’t final?
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.
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.
Here’s a quick summary of the lawsuits that Team Kimberlin has filed against me—
Kimberlin v. Walker, et al., summary judgment in my favor on 5 counts and a directed verdict in my favor on 2 counts at trial, affirmed by the Court of Special Appeals.
Kimberlin v. National Bloggers Club, et al. (I), all federal claims dismissed for failure to state a claim upon which relief can be granted.
Schmalfeldt v. Hoge, et al., voluntarily dismissed after 2 days.
Schmalfeldt v. Johnson, et al., dismissed for lack of personal jurisdiction.
Kimberlin v. Hunton & Williams LLP, et al., dismissed for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, affirmed by the Fourth Circuit Court of Appeals.
Schmalfeldt v. Hoge, et al., dismissed for improper venue.
Kimberlin v. National Bloggers Club, et al. (II), dismissed for failure to state a claim upon which relief can be granted because of res judicata.
Scmalfeldt v. Grady, et al. (IV), service of process not yet effected.
Everything is proceeding as I have foreseen.
Meanwhile, in Hoge v. Kimberlin, et al. and Palmer v. Schmalfeldt, it’s T-minus 4 days and counting.
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.