Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


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.

popcorn4bkThe 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.

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


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’.

Team Kimberlin Post of the Day


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.

res_judicata_mugsThis 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?

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


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.