Team Kimberlin Post of the Day


One of the common failings among most of the Team Kimberlin LOLsuits has been suing for things that aren’t actual causes of action for civil cases. For example, The Dread Deadbeat Pro-Se Kimberlin sued my codefendants and me for harassment and stalking in the Kimberlin v. Walker, et al. nuisance LOLsuit, and the court threw those counts out because they’re not things one can bring a suit over in Maryland. The Dreadful Pro-Se Schmalfeldt has similar issues with many of his cases. The TKPOTD from three year ago today deals with one such problem with LOLsuit VI: The Undiscovered Krendler.

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Here’s a bit of Wisconsin case law that may affect the Cabin Boy’s™ LOLsuit VI: The Undiscovered Krendler—

Wisconsin does not recognize “false light invasion of privacy[.]”

Ladd v. Uecker, 2010 WI.App. 28, 789 N.W.2d 216, 218 (2010). IANAL, but it raises an interesting question.

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The Gentle Reader should not be surprised to learn that the Cabin Boy’™ claim for false light invasion of privacy failed.

Team Kimberlin is made up of slow learners. Even by the time of LOLsuit VIII: Avoiding Contact in 2017, three years after Kimberlin had his harassment and stalking counts dismissed from the first LOLsuit, Count I in the Cabin Boy’s™ LOLsuit was for “Harassment and Stalking.”

Stupid is as stupid does.

Team Kimberlin Post of the Day


The crudity of Team Kimberlin’s lies is really quite pathetic. It’s almost like catching a kid with his hand in the cookie jar. This Prevarication Du Jour from five years ago today is an example of a whopper told by Mat Osborne (using the nom de cyber Xenophon) in a Breitbart Unmasked Bunny Billy Boy Unread post. All that was necessary to prove he was lying was to show copies of the two documents The Dread Deadbeat Pro-Se Kimberlin’s filed with the court.

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Xenophon has more to say about Monday’s hearing in the Kimberlin v. Walker, et al. nuisance lawsuit over at Breitbart Unmasked (No, I won’t link to it.).BU201401114aUh, huh.

Of course, they’re not. One is a black & white copy and the other is a color copy with a check marked added in the Restricted Delivery “Yes” box. The matching tracking numbers must be of no consequence.9871_a9871_b

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It’s been suggested that Osborne lies so much because he’s trying to establish a Joe Isuzu defense to any defamation claim. If his reputation for lying becomes so bad that no one believes him, then what he says can’t hurt anyone else’s reputation.

Nah. Not even Matt Osborne is stupid enough to try that. At least, I don’t think so.

 

Team Kimberlin Post of the Day


Perhaps one of the reasons that The Dread Deadbeat Pro-Se Kimberlin has been slacking off on his promise of lawsuits “for the rest of their lives” against the original defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit is that he’s figured out that he can’t beat us. After he made the mistake of calling Stacy McCain as witness in the first LOLsuit (never try to outcrazy Stacy McCain), he dropped Stacy from the cases filed after August, 2014. After he lost both the federal and state Kimberlin v. National Bloggers Club, et al. RICO Madness and RICO Retread LOLsuits, he dropped Ali Alexander and Aaron Walker from further cases. Finally, after losing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, he dropped me from the follow-on RICO 2 Retread state case.

The RICO 2 Retread LOLsuit sputtered, and by this time a couple of years ago, it was on its last leg as was reported in the TKPOTD from two years ago today.

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The Dread Pro-Se Kimberlin has filed a motion seeking a postponement of the motions hearing scheduled for 15 November in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. That’s the state version of the Team Themis LOLsuit filed in the Circuit Court for Montgomery County. The only remaining defendants are Bill Nickless, Battelle (the not-for-profit that runs Pacific Northwest National Labs for the Department of Energy), and some John Does. Judge Mason hasn’t granted his motion yet, so it looks as if the remaining motions to dismiss will be heard next week, and another of TDPK’s LOLsuits should bite the dust.

We’ll see.

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We didn’t have to wait long. Not long thereafter, the case docket showed that Kimberlin had voluntarily dismissed the LOLsuit against those defendants. And then he failed to follow through with an appeal.

Maybe he was lying when he promised lawsuits “for the rest of their lives.” He is a convicted perjurer, you know.

Team Kimberlin Post of the Day


Team Kimberlin is really just a collection of inept, untalented losers. Their efforts to spin false narratives to support their cause invariably wind up be sources of pointage, laughery, and mockification when confronted with the facts. This Prevarication Du Jour from four years ago today is a fairly typical example.

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@wmsdb201410080009ZThe Cabin Boy is almost correct—in one sense. The metaphorical beatdown that we administered to The Dread Pro-Se Kimberlin in the Kimberlin v. Walker, et al. nuisance lawsuit was delivered without our having to bestir ourselves to put on a defense. All we had to do was let TDPK engaged in self-destruction.
Docket 235_236

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The Dread Deadbeat Pro-Se Kimberlin’s level of desperation is summed up by his having to rely on the likes of Bill Schmalfeldt or Matt Osborne as his PR flacks.

Team Kimberlin Post of the Day


The following is from the TKPOTD published four years ago today. That post dealt with a codefendant’s court filing noting that the doctrine of res judicata should require the federal court to dismiss The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit because of his loss in the Kimberlin v. Walker, et al. LOLsuit in state court.

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res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog an the air.

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And your support is greatly appreciated!

Team Kimberlin Post of the Day


Most of the time I’ve spent as a defendant in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits has been rather dreary, but there have been amusing moments. One good time that stands out in my memory was Brett Kimberlin’s futile attempt to out-crazy Stacy McCain on the witness stand during the Kimberlin v. Walker, et al. trial. The TKPOTD four years ago today recalled part of Stacy’s testimony.

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The Dread Pro-Se Kimberlin was utterly disorganized in his approach to getting things into evidence during the Kimberlin v. Walker, et al. trial. The only way he had to get the defendants’ allegedly defamatory writings into evidence was to show us copies for us to authenticate. Nothing that he showed me for authentication was an accurate copy of anything that I had posted. It was either incomplete or altered. Stacy McCain had the same experience. For example—

MR. KIMBERLIN: Can you identify this article?

MR. MCCAIN: No. No. This is an altered version. This has material that’s extraneous to the article.

MR. KIMBERLIN: Did you write an article attacking a reporter named Monica Hesse.

MR. OSTRONIC: Objection, your honor.

THE COURT: Sustained.

MR. KIMBERLIN: Challenging.

THE COURT: The objection’s sustained.

MR. KIMBERLIN: Do you know Monica Hesse?

MR. MCCAIN: I don’t. I have never met her.

MR. KIMBERLIN: Do you know that she wrote an article about my daughter in the Washington Post?

MR. MCCAIN: No. She wrote an article about you in the Washington Post.

MR. KIMBERLIN: Did you tweet that Monica Hesse works for a newspaper that’s hostile to the — Washington Post?

MR. MCCAIN: Yes.

MR. KIMBERLIN: Did you tweet that my daughter is a girl who can’t sing a lick?

MR. OSTRONIC: Objection, Your Honor.

THE COURT: What’s the relevance of that, sir? You are the party in this case. Not your daughter.

MR. KIMBERLIN: Your honor, these people —

MR. OSTRONIC: Objection to the “these people” thing.

THE COURT: Well —

MR. KIMBERLIN: Okay. Mr. McCain wants to harm me —

THE COURT: Hold on a second. You are the party in this case, so I sustain the objection as to any questions having to do with someone not party in this case.

MR. KIMBERLIN: Well, I just want to ask him if he wrote this.

THE COURT: You can ask him if he wrote that tweet, and he can answer that a yes or no.

MR. KIMBERLIN: Did you write that tweet? Just that tweet?

MR. MCCAIN: No. That’s not — that’s different than what I wrote. That’s not —

MR. KIMBERLIN: Okay —

THE COURT: What is that? Is that number 20? What? Twenty-four?

MR. MCCAIN: Your Honor —

THE COURT: That’s okay. It’s not in evidence.

TDPK got very little into evidence, and what he did get in was insufficient for the judge to allow the case to go to the jury. That’s why he gave us defendants a directed verdict in our favor without our having to put on a defense.

TDPK’s strategy and his execution of it during the trial was truly ACME Legal at its finest.

Meep, meep!

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So TDPK’s inept attempt at brass knuckles reputation management failed. As did his career as a musician. As did his career as a drug smuggler. As did …

One wonders: will he ever notice a pattern in his life?

Team Kimberlin Post of the Day


One the most basic rules of examining a witness is to never ask a question that you don’t already know the answer to. Senator Harris’ asking Judge Kavanaugh whether he had discussed the Mueller investigation with anyone from a law firm representing President Trump blew up in her face when she violated that rule. As the TKPOTD from four years ago today documented, Brett Kimberlin tripped over the same rule during the Kimberlin v. Walker, et al. LOLsuit.

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A good trial lawyer never asks a question of a witness unless he knows what the answer should be. A corollary of that is that a good trail lawyer will avoid asking certain questions because he knows what the answer should be. The Dread Pro-Se Kimberlin repeatedly violated both those rules in his conduct of the trail in the Kimberlin v. Walker, et al. nuisance lawsuit.

This question may have been his most spectacular blunder. He asked it of Aaron Walker.

MR: KIMBERLIN: Okay, now when you call me a pedophile, you must have some basis for that, so I’m going to let you tell the jury why you — you know, why you think that’s true, and where is the truth? Where is the evidence?

Aaron responded at length with a detailed explanation of the evidence that led him to view TDPK as a pedophile. At the end of TDPK’s examination, it was our lawyer’s turn to ask questions.

THE COURT: — oh, do you have questions you want to ask him? No?

MR. OSTRONIC: No, your honor. I think Mr. Kimberlin asked every question I wanted.

Heh.

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It’s usually the case that asking the wrong question will result in getting a wrong answer, but The Dread Deadbeat Pro-Se Kimberlin is so inept at litigation that he can ask stupid questions that make the other side’s case for them.