Team Kimberlin Post of the Day


During my afternoon coffee break yesterday, I took a look at Breitbart Unmasked Bunny Billy Boy Unread (Gentle Reader, I do that so you don’t have to) and found the item shown on the left in that site’s home page sidebar. It links to an old post about The Dread Deadbeat Pro-Se Kimberlin’s Kimberlin v. Walker, et al. nuisance LOLsuit, the first of four losing LOLsuits TDPK filed against me.

57F Osborne’s “prediction” that TDPK would file more frivolous LOLsuits did not require any special insight, but it was the only thing Bunny Boy got right about the course of his boss’ lawfare.

Nothing else proceeded as he had foreseen.

Team Kimberlin Post of the Day


While we wait to see if The Dread Deadbeat Pro-Se Kimberlin will get his paperwork sorted out in his appeal of the Kimberlin v. Frey RCIO Remnant LOLsuit and wait for news from other Team-Kimberlin-related cases, here’s a post called Another Faulty Service from four years ago that dealt with TDPK’s chronic failure to follow the rules.

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The Cabin Boy has published the Certified Mail receipt from the alleged service of the Maryland Kimberlin v. Walker, et al. lawsuit on Stacy McCain. The receipt proves that the service was not accomplished.LR201310240106ZThe explanation is simple. The Dread Pirate Kimberlin sent the mail to the wrong address.

Also, Maryland Rule 2-121 requires that service via mail be “by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” The Restricted Delivery box on Line 4 is not checked, so the letter carrier gave the mail to whomever would sign for it. The mail was signed for by someone named Ford, so it was not delivered to Stacy McCain.

One of the lawyers discussing Brett Kimberlin’s performance in the raft of frivolous suits he has filed against my codefendants and me used the phrase “amateur hour.”

Just so.

UPDATE—Stacy has more here.

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I’ll add two comments.

First, Postal Service Forms 3811 (aka “green cards”) have been the bane of TDPK’s lawfare. He’s failed to use them when he should have. He’s failed to fill them out properly. But most tellingly, he’s been caught forging them.

Second, the Cabin Boy’s™ tweet is a good example of his lack of skill as an investigative reporter. He took the word and supporting “evidence” of an infamous perjurer and used it as the basis for his story. A two minute Google search (OK, maybe ten minutes for someone like Schmalfeldt.) would have shown him that Kimberlin’s green card did not meet the requirements for proof of service in the Maryland Rules.

Heh.

Team Kimberlin Post of the Day


Grumble. We’re still waiting for news in pending Team-Kimberlin-Related court cases. Four years ago today, I posted this Statement on Fund Raising related to the first Kimberlin LOLsuit, Kimberlin v. Walker, et al.

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Brett Kimberlin is suing a group of bloggers that includes me for a million bucks because we have published truthful information and constitutionally-protected statements of opinion about him. Aaron Walker, one of the bloggers named in the suit, is a lawyer, and he is being sued for offering legal advice to Kimberlin’s victims.

Gentle Reader, can you think of any rights more important than your First Amendment right to free speech or your Sixth Amendment right to legal counsel?

Neither can I.

Kimberlin and his cronies have been engaging in lawfare for years now, and it’s time to put a stop to it. We need to defeat his bogus lawsuit because, if we don’t, there will be no end to his harassment of others. You can help us. Go to BomberSuesBloggers to learn how. [We won the LOLsuit back in 2014, so we’re no longer raising money to fund our defense.] If you decide to donate to the defense fund, you should know that I will never see one cent of the money raised. The proceeds will go to paying the substantial costs of defending the suit. Yes, I am represented by a pro bono lawyer, but there will still be filing fees, deposition costs, etc.

If you want to support this blog directly, hit my Tip Jar or use the Amazon shopping link on the Home page.

UPDATE—Stacy McCain points out that if we don’t defeat this suit, it’s possible that Kimberlin might sue you.

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As if to prove Stacy’s point about Kimberlin’s eagerness to engage in lawfare, The Dread Pro-Se Kimberlin filed his Kimberlin v. The Universe, et al. RICO Madness LOLsuit the next day after my post was published.

Team Kimberlin Post of the Day


There’s still no news about the pending Team-Kimberlin-related court cases, so here’s another recycled post. This was the Prevarication Du Jour from four years ago today. The Cabin Boy’s tweet refers to The Dread Pro-Se Kimberlin’s first LOLsuit, Kimberlin v. Walker, et al., and is an example of Schmalfeldt’s making stuff up as he goes along with no connection to Reality.

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ftrrnews201310111937ZCutting my own deal am I? Well, Gentle Reader, I did offer Brett Kimberlin a cheap way out of his Kimberlin v. Walker, et al. lawsuit. He opted not to settle, so my lawyer has filed an answer to his complaint.

I have no intention of conducting my defense of the suit on the Internet, but items filed as part of the court docket become public documents unless they are sealed. Since anyone who goes to the courthouse can get a copy of a docket item for fifty cents per page and since the truth is on my side, I will, at least for the time being, post my filings to save folks the trip. I’ll delay the postings to allow time for any other party to receive service before anything appears online.

I do not plan to have any comments on filings when I post them. To do so could give away information on my counsel’s legal strategy which would be useful to the other side.

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Aaron Walker, Stacy McCain, Ali Akbar, and I worked closely together and our pro bono counsel and beat Kimberlin. Five of his seven claims were thrown out on summary judgment. That meant that even if everything Kimberlin had alleged in them had been true, we were still entitled to win as a matter of law. We were granted a directed verdict on the other claims, because TDPK failed to present any evidence to support them.

Throughout the case, everything proceeded as I had foreseen, especially the Cabin Boy’s™ repeatedly making a fool of himself with his reporting on the lawsuit.

Team Kimberlin Post of the Day


While the courts have got us on Hold waiting for further news in the pending Team-Kimberlin-related court actions, here’s another recycled TKPOTD. This one’s from three years ago today.

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Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven count in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.

As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:

• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.

Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:

• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.

TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.

Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.

Everything is proceeding as I have foreseen.

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Of course, The Dread Pro-Se Kimberlin lost the RICO Madness LOLsuit too. He’s lost everything he’s filed since he started tangling with Aaron Walker in 2012.

Team Kimberlin Post of the Day


We’re still waiting for news from the pending Team Kimberlin court cases, so here’s another golden oldie from three years ago. It’s a further example of The Dread Pro-Se Kimberlin’s incompetent direct examination of defendants during the Kimberlin v. Walker, et al. nuisance LOLsuit.

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The Dread Pro-Se Kimberlin seemed especially interested in this blog’s ability to raise money. Here’s part of his direct examination of me during the Kimberlin v. Walker, et al. nuisance lawsuit trial.

MR. KIMBERLIN: Right, so and every day you have a post called Team Kimberlin Post of the Day?

MR. HOGE: That’s one of the features of my blog.

MR. KIMBERLIN: Right, uh-huh. And you also have a donate button on your blog where you can raise money and ask people to donate to you, right?

MR. HOGE: Actually it’s called a tip jar, but yes.

MR. KIMBERLIN: Yeah, tip jar, uh-huh. Okay, and you started this campaign called Everybody Blog about the Howard County Prosecutors. Can you tell just why that was started?

MR. HOGE: Yes, the —

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. HOGE: Yes, Mr. Walker and his wife showed me credible evidence that you had, in fact, stalked them in the parking lot of the Howard County District Courthouse in Ellicott City. And when Mr. Walker and his wife went to talk with the State’s Attorney’s Office they were told by Assistant State’s Attorney Brewer that if they didn’t want to be harassed they should stay out of Maryland. And that didn’t strike me as responsible way for a State’s Attorney’s Office whether they’re going to nolle pross the, and not follow-up on charge or not, that just struck me as a very unfortunate attitude for a State’s Attorney’s Office. And so I thought they should be held accountable for it.

MR. KIMBERLIN: So you started this campaign and had people calling. How did it work?

MR. HOGE: Well basically the idea was that people should ask the State’s Attorney himself if that was, in fact, his policy.

MR. KIMBERLIN: So that’s where all this Maryland is for Stalkers kind of —

MR. HOGE: I have no idea where exactly that came from. I have seen that there was a blogger who for a short time had on Zazzle which is one of these internet sales companies a bumper sticker that said that. I think it was probably a parody on Virginia being for Lovers.

He brought up the Maryland is for Stalkers bumper sticker while Aaron Walker was on the stand as well. I don’t believe that it has been a very big seller, but it sure got under his skin. Of course, it’s entirely possible that it generated more sales than any of the Team Kimberlin merchandise that was offered by Brietbart Unmasked.

I wonder … is fundraising so precarious at JTMP and VRUS that TDPK is now jealous of my minor league blog?

Oh … one more thing … it seems to annoy Brett Kimberlin for folks to hit my Tip Jar.

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The Gentle Reader can also shop at The Hogewash Store or use the link on the Home Page to Amazon to support this blog.

Team Kimberlin Post of the Day


Only one of the Team Kimberlin LOLsuits ever made it as far as a trial. That was the Kimberlin v. Walker, et al. nuisance LOLsuit. This TKPOTD ran three years ago today in the aftermath of that trial.

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Brett Kimberlin is not a good listener. This exchange is from one of the bench conferences during the Kimberlin v. Walker, et al. nuisance lawsuit. Judge Johnson was trying to explain to The Dread Pro-Se Kimberlin about hearsay testimony from the Kimberlin daughter about things she did not witness.

THE COURT: — assume all of that is true, what does this 15-year old have to do with that?

MR. KIMBERLIN: Because she was harmed. She’s been harmed. She’s been run out of two schools and —

THE COURT: She’s not a party.

MR. KIMBERLIN: And they have defamed her. They have —

THE COURT: She’s not a party.

MR. KIMBERLIN: I know, but they have gone on her, she’s a very accomplished musician. They have gone on her websites. They have attacked reporters —

THE COURT: I don’t disagree with any of that, but she is not a party.

MR. KIMBERLIN: It’s not that she’s a party. They are using the pedophilia against me, against her and they’re doing it to harm me.

THE COURT: Sir, but you’ve got to understand something. We have rules here. You can’t just bring people in to just testify when they A, they didn’t witness anything that they’re competent to testify about and B, she is not a party to this lawsuit.

Judge Johnson seemed to care more for Miss Kimberlin that TDPK did.

THE COURT: But see what I’m trying to avoid is having this little girl come up here, objection sustained, objection sustained, objection sustained. And then having, putting her through that and having nothing really come of it. She can testify to —

TDPK put her on the stand any way, resulting in the following objections to questions or testimony that were not allowed by the rules of evidence.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: To him leading the witness, sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE WITNESS: And I know —
THE COURT: Objection is sustained.

MR. OSTRONIC: Objection.
THE COURT: Overruled.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Counsel, sir, stop leading the witness.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Come up here.
[Bench Conference]
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Has your mom ever done anything hurtful to you? Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection, Your Honor.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: By these defendants?
MR. OSTRONIC: Objection.
THE COURT: I will sustain the objection in that this young lady is not a party to this case. She did not sue these men. Or you didn’t sue them in her name which would have to be the case. If a minor child is bringing the case it would have to be brought by her Next Best Friend who is generally the parent. She is not a party in this case.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
MR. KIMBERLIN: — to have sleepovers —
MR. OSTRONIC: Objection.
MR. KIMBERLIN: — or come to the house or be around you —
THE COURT: Sustained.
MR. KIMBERLIN: — because of —
THE COURT: Absolutely hearsay.

MR. OSTRONIC: Objection.
THE COURT: She can answer, overruled.

MR. OSTRONIC: Objection.
THE COURT: Hold on, anything else? No, you don’t just get to keep going. You have to ask another question.

MR. OSTRONIC: Objection.
THE COURT: Sustained.

MR. OSTRONIC: Objection.
THE COURT: Sustained. Sir, you’re going way off base.

MR. OSTRONIC: Objection.
THE COURT: You need to do whatever you need to do with admissible evidence pursuant to the rules of evidence and to the law. And I’ve allowed you some, I’ve given you a long leash.
MR. KIMBERLIN: You have and I appreciate it.
THE COURT: And let you run pretty far out there. But I’m now pulling you back in.

MR. OSTRONIC: Objection.
THE COURT: Sustained.
MR. KIMBERLIN: Is it affecting —
THE COURT: Sustained.
MR. KIMBERLIN: No further questions.

I cannot find the words to adequately express my disgust with someone who would needlessly inflict that on a child.

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The defendants did not question Miss Kimberlin. We had agreed among ourselves that we would not do so—even if she could have offered probative testimony—because we did not want to compound what we believed was abuse of the young girl.