Many of my favorite posts are titled Qapla’. This one is from four years ago today.
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The Fourth Circuit Court of Appeals has granted my motion for sanctions against Brett Kimberlin.
The Gentle Reader should note that the three-judge panel found that Kimberlin’s appeal was frivolous.
Everything is proceeding as I have foreseen.
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Heh.
Team Kimberlin was always on the offensive. The TKPOTD from four years ago today was about one of my efforts to punch back.
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The Dread Pro-Se Kimberlin didn’t have a very good week last week, and he’s going to have a busy holiday season. For example, his opposition to this will be due on the day after Christmas.
He’s also likely to have another filing due on the 22nd. More about that later.
And he’s facing the effort and expense of producing 31 copies (15 for the court and 16 for the lawyers and pro se appellees) of his appeal brief and 26 copies (10 for the court and 16 for the lawyers and pro se appellees) of his record extract for the appeal to the Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.
Everything is proceeding as I have foreseen.
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The Court would up grant the sanction.
There’s a joke in this about Kimberlin trying to punch above his weight, but it’s late as I type this, and I’d rather log off for the evening and get some sleep than try to figure out a clean version of it.
This TKPOTD from four years ago today almost got published as an I’m Not Making This Up, You Know. The gist of The Dread Deadbeat Pro-Se Kimberlin’s problem with the opposing lawyers is that they keep providing the court with facts that support their clients’ interest rather than his.
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The Dread Pro-Se Kimberlin continues to whine that the appellees in the RICO 2: Electric Boogaloo LOLsuit Appeal won’t run their defenses the way he wants them to.
IANAL, so I’m not sure how to describe this filing, but in engineering we’d refer to it as bullshit.
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Pro Tip: Don’t expect the people on the other side of a lawsuit from you to look out for your interests.
Being in the crosshairs of Team Kimberlin’s campaign of lawfare has had its ups and downs. The TKPOTD from four years ago today chronicled one of the better weeks, the first week of May, 2016.
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O. K., let’s review this past week.
On Monday, we found out that The Dread Pro-Se Kimberlin had filed a notice of appeal with the Fourth Circuit Court of Appeals in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit and that he had filed a RICO 2 Retread LOLsuit for his federally dismissed state law claims in the Circuit Court for Montgomery County. Also, the MoCo Circuit Court sent TDPK a Rule 2-507 letter informing him that he had 30 days to explain why the first RICO Retread case shouldn’t be dismissed against the National Bloggers Club, Ali Akbar, and Patrick Frey for failure to serve them with a summons and complaint. And Judge Hazel denied Kimberlin’s motions for relief from judgment and stay of judgment in the RICO 2 LOLsuit. The week was off to a good start, and to top Monday off, I filed a request for fresh summonses for Brett and Tetyana Kimberlin and Matt Osborne who have been evading service of process in the Hoge v. Kimberlin, et al. lawsuit.
Tuesday was a quiet day, but I did retain counsel to represent me in the Fourth Circuit just in case TDPK includes me in his appeal of the RICO 2 LOLsuit.
Wednesday, the joint reply from the defendants to the Cabin Boy’s™ opposition to their motion to dismiss his LOLsuit VI: The Undiscovered Krender was filed, pointing out how Schmalfeldt utterly failed to address the points made in their motion. Also, the Cabin Boy’s™ reply to my opposition to his motion to dismiss appeared on the docket in the Hoge v. Kimberlin, et al. case. It concludes with a stunning run on sentence—which leads me to offer the following prize. I will send a Murum Aries Attigit coffee cup to the first person who sends me a graph showing that sentence properly diagrammed. Use the email address on the DMCA Contact page. Void where prohibited. Your mileage may vary.
Thursday … ah, Thursday, a day to be savored! There was a hearing before Judge Mason on a couple of motions in the Walker v. Kimberlin, et al. lawsuit. The first was the Kimberlins motion for summary judgment. Of course, it failed. There were material facts in dispute, so a summary judgment was not appropriate. The second was Aaron Walker’s motion for a default judgment because the Kimberlins had failed to answer his complaint in a timely manner. That motion was granted—mostly. The judge has stayed issuing his order until close of business next Friday. It may be that there’s nothing left for this case except for a hearing on damages. Also, the Kimberlins were personally served with the summons and complaint for the Hoge v. Kimberlin, et al. suit. Finally, I confirmed that I am not named as a defendant in the RICO 2 Retread LOLsuit, but I did receive notice from the Fourth Circuit of TDPK’s appeal. We shall see if he’s stupid enough to name me as an appellee.
On Friday, these were filed with the Circuit Court for Carroll County—
Not a bad week, all in all.
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It turned out that The Dread Deadbeat Pro-Se Kimberlin did include me in his appeal of the RICO 2 LOLsuit, and he wound up being sanctioned for doing so.
I find it satisfying when things proceed as I foresee.
BTW, no one ever sent me a proper diagramming of that sentence (found here). The offer of a coffee cup is still open.
And then there was the time that I actually wound up partially supporting one of The Dread Deadbeat Pro-Se Kimberlin’s motions in the RICO 2: Electric Boogaloo Kimberlin v. Team Themis, et al. LOLsuit. This TKPOTD ran four years ago today.
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Dogs and cats living together! Yesterday, I filed this response to The Dread Pro-Se Kimberlin’s latest nonsense in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit wherein I partially support his motion.
Truth really is stranger than fiction.
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The going gets weird, the weird turn pro.
There are two kinds of laws. The first, most basic, are the laws of nature and human behavior. The second are the government’s laws. The first are enforced by Reality. The second are enforced by courts. Team Kimberlin’s lawfare has failed in the courts because of their lack of understanding of the government’s laws. Their lawfare has failed as reputation management because they have repeatedly violated the Real World’s laws as well. One of those laws is the Law of Holes: When you’re stuck in a hole, stop digging. This bit of RICO 2: Electric Boogaloo LOLsuit Appeal News from two years ago today shows an example of The Dread Deadbeat Pro-Se Kimberlin continuing to dig.
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I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for including me in his frivolous appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. Unsurprisingly, he has opposed my motion for sanctions.
Here is the reply my lawyer has filed on my behalf.
Any further substantive comments on the matter of sanctions in that case will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on my motion.
TDPK has also filed a whiny little motion asking the Fourth Circuit to reconsider the denial as untimely filed of his motion for a rehearing of his appeal.
Here is the opposition to TDPK’s motion my lawyer has filed on my behalf.
Any further substantive comments on TDPK’s motion for a rehearing will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on the motion.
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Not only were TDPK’s motions futile, but the court granted the higher sanctions award I requested.
Everything proceeded as I had foreseen.
One of the primary reasons for the Dread Deadbeat Pro-Se Kimberlin’s unblemished record of failure at lawfare is his inattention to important details. I took note of such a failure a couple of years ago today in a post titled The Fourth Circuit Makes Short Work of Brett Kimberlin.
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The Dread Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of this appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. He didn’t file on time.
Everything is proceeding as I have foreseen.
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Perhaps he was too busy working as The Dread Deadbeat Protector Kimberlin in the aftermath of protecting our 2016 election.
Two years ago, The Dread Deadbeat Pro-Se Kimberlin had a terrible, horrible, no good, very bad day at the Fourth Circuit Court of Appeals. I reported his difficulties with three posts: Brett Kimberlin Fails Again, Strike Two!, and Strike Three!.
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The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s petition for a writ of mandamus in the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK was seeking to have the Fourth Circuit order Judge Hazel to allow Kimberlin to use confidential discovery material from the Frey case in other LOLsuits.
Everything is proceeding as I have foreseen.
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The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.
Everything is proceeding as I have foreseen.
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And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.
I love it when a plan comes together.
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Heh.
Today is the second anniversary of Judge Hazel’s dismissing the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit, which reported in this Qapla’ post.
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I win. Again.
Judge Hazel has dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.
I am pleased.
UPDATE—Once again, Judge Hazel has correctly taken the position that The Dread Pro-Se Kimberlin’s state law claims were none of the federal court’s business. Those claims were dismissed without prejudice. TDPK can refile them in state court. He may, but they will be barred by res judicata and collateral estoppel.
UPDATE 2—Kimberlin continues his perfect record of batting .000 against me. Two false criminal complaints failed. A bogus peace order petition failed, both in the District Court and on appeal in the Circuit Court. His first RICO Madness case failed, as did his appeal to the Fourth Circuit. His first state LOLsuit failed, and he lost his appeal of that one also. Now, he’s lost RICO 2.
I wonder if he’s getting the message yet?
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It’s taken a while, but The Dread Deadbeat Pro-Se Kimberlin may be getting the message.
He appealed the dismissal to the Fourth Circuit Court of Appeals. Not only did that court affirm the dismissal, the Fourth Circuit sanctioned Kimberlin for frivolously including me in that appeal.
However, when TDPK refiled the suit in state court, he was smart enough to drop me as a defendant, and although he filed an appeal of the dismissal of the state case, he later wised up and withdrew that appeal.
He still hasn’t paid the sanction ordered by the Fourth Circuit—or any of the sanctions he owes me from other cases.
I’m not done with him yet.
As of 9 pm ET last night, there had only been one filing yesterday in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. It was Patrick Frey’s Disclosure of Corporate Affliations form. Those forms were due from both parties today.
For now, there’s nothing on PACER indicating that The Dread Deadbeat Pro-Se Kimberlin complied with the court’s orders to file a redacted version of his informal opening brief, a certificate of confidentiality for the seal version, and his Disclosure of Corporate Affiliations form. He may have gotten them in on time, but the Clerk’s Office may not have completed scanning them for PACER yet. Or he may have blown it. We’ll see it anything appears on the docket tomorrow.
Meanwhile, here’s a look at another bit of court paperwork the TDPK screwed up in 2015. This was the TKPOTD two years ago today.
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Well, we seem to have caught The Dread Pro-Se Kimberlin in yet another misrepresentation to a court. Here’s what the Certificate of Service filed with his opposition to several of the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit looks like:
When I filed my reply, I informed the court that I had not yet been served a copy of TDPK’s opposition but was filing based on what I found in PACER. I did eventually receive a copy of the opposition, but it was late in arriving. Inspection of the envelope and its postmark revealed why.
The package was not mailed to me on the day the opposition was filed with the court (also the day claimed in the Certificate of Service). It was mailed on the 17th instead of the 15th. You know, if the postmark were the next day, it could have been that he dropped in the mail late in the afternoon and that the mail in that box wasn’t collected until the next day. However, there’s a two-day lag. Also, the postage label is one from a counter sale, so the postage was paid for on the 17th. No, TDPK lied to the court.
BTW, I mail service to those receiving it by snail mail on my way to the courthouse. That way, I know the what I’m telling the court about service is true.
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TDPK has already lost his appeal in the RICO 2: Electric Boogaloo LOLsuit and has been sanctioned by the Fourth Circuit Court of Appeals for frivolously including me as an appellee.
Everything proceeded as I foresaw.
A couple of weeks ago, I sent a letter by hand delivery to Brett Kimberlin. The correspondence dealt with matters related to appeals he has filed with the Court of Appeals for the Fourth Circuit. This is the closing paragraph from that letter—
The Gentle Reader will probably not be surprised to learn that I have not received any payment from Kimberlin toward the sanction awarded by the Fourth Circuit for his frivolously including me in his appeal of the RICO 2: Electric Boogaloo LOLsuit.
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.
For the record, Aaron Walker has only represented me in court in The Dread Pro-Se Kimberlin’s appeal of the RICO 2: Electric Boogaloo LOLsuit in the Fourth Circuit Court of Appeal. Aaron won that appeal for me and also an award of sanctions against Kimberlin for filing his frivolous appeal against me.
Aaron is not a member of the state bar in South Carolina or the bar of the U. S. District Court down there. Any counsel I have engaged or might engage already is a member of the bar of that District Court.
Aaron has never written any court paper for me that he did not sign as my counsel. Any statement to the contrary is false, has no evidentiary basis, and might be the basis of a counterclaim in LOLsuit VIII: Avoiding Contact.
Nothing is proceeding as the Cabin Boy™ has hallucinated.
This was posted in the comment section of yesterday’s TKPOTD—
For the record, I haven’t had to spend a great deal of money (at least by my standards, YMMV) defending any of The Dread Pro-Se Kimberlin’s LOLsuits. I’ve had pro bono legal representation from Patrick Ostronic in both the state suits, and I’ve handled the federal suits pro se at the District Court level. The only significant out-of-pocket expenditures have been for transcripts and the duplicating expenses for appeals briefs in the state cases. Those expense have been more-or-less cover by generous hit on the Tip Jar. Thank you.
Meanwhile, TDPK still owes me and my lawyers (Patrick Ostronic and Aaron Walker) $1350 in unpaid sanctions.
#Deadbeat.
The year is not starting well for The Dread Pro-Se Kimberlin.
On 4 January, Judge Hecker ordered him to answer several of the interrogatories that he tried to blow off in the Hoge v. Kimberlin, et al. lawsuit.
On 12 January, the Fourth Circuit Court of Appeals found that TDPK’s appeal against me in the RICO 2: Electric Boogaloo LOLsuit was frivolous and imposed a $600 dollar sanction on TDPK. On the same day, that court also denied his petition for a hearing because he was late filing his motion for rehearing.
13 January was the drop dead date for TDPK to refile his defective appeal paperwork in the RICO Retread LOLsuit with the Maryland Court of Special Appeals. He waited until the 17th to file.
The Kimberlins filed a motion for sanctions against me in the Hoge v. Kimberlin, et al. case because I informed one of their supposed witnesses, Judge Mason, that they had listed him as a potential witness. Judge Hecker denied their motion on 18 January at same time as he denied their motion for summary judgment.
19 January was the deadline for TDPK to obey the order Judge Hecker issued on the 4th (see above). It appears that he failed to comply with that order.
The month’s not over yet, and Kimberlin must be wondering what will go wrong for him next. There are multiple possibilities, and I plan to take steps to make a couple of items more likely to occur than some others.
Stay tuned.
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.
The Fourth Circuit Court of Appeals has granted my motion for sanctions against Brett Kimberlin.
The Gentle Reader should note that the three-judge panel found that Kimberlin’s appeal was frivolous.
Everything is proceeding as I have foreseen.
The Dread Pro-Se Kimberlin’s motion for a rehearing of his appeal in the RICO 2: Electric Boogaloo LOLsuit has been denied.
Everything is proceeding as I have foreseen.
Lots of stuff has happened this month, none of it has been particularly good for Team Kimberlin.
The Kimberlins had several motions denied in the Hoge v. Kimberlin, et al. lawsuit. Their frivolous motion to sanction me for being involved in the Walker v. Kimberlin, et al. lawsuit bit the dust, as did their motions for summary judgment and to stay discovery while the summary judgment motion was pending. My initial motions to compel compliance with discovery were denied on a technicality which has been corrected. New motions to compel are pending against The Dread Pro-Se Kimberlin and the Dreadful Pro-Se Schmalfeldt.
Speaking of the Walker v. Kimberlin, et al. case, Tetyana Kimberlin was sanctioned for her failure to be deposed during discovery.
TDPK’s appeals didn’t go well for him this month. The Maryland Court of Special Appeals kicked back his paperwork for the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit and gave him until mid January to fix it or see his appeal dismissed.
Meanwhile, the Fourth Circuit Court of Appeals dismissed all three cases that TDPK had before them. His petition for a writ of mandamus against Judge Hazel (seeking to require the judge to amend the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit) was denied. So was TDPK’s appeal of Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell LOLsuit whining about the Senates handling of the Merrick Garland nomination. And best of all (from my point of view), the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit appeal went down in flames. My motion to sanction Kimberlin for filing a frivolous appeal naming me as an appellee is pending.
So December ended 2016 on an uptick for the good guys.
2017 should be interesting.
Stay tuned.
I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for including me in his frivolous appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. Unsurprisingly, he has opposed my motion for sanctions.
Here is the reply my lawyer has filed on my behalf.
Any further substantive comments on the matter of sanctions in that case will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on my motion.
TDPK has also filed a whiny little motion asking the Fourth Circuit to reconsider the denial as untimely filed of his motion for a rehearing of his appeal.
Here is the opposition to TDPK’s motion my lawyer has filed on my behalf.
Any further substantive comments on TDPK’s motion for a rehearing will come through my lawyer until after the Fourth Circuit Court of Appeals has ruled on the motion.
The Dread Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of this appeal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit. He didn’t file on time.
Everything is proceeding as I have foreseen.
The Dread Pro-Se has paperwork due this week in both the Circuit Court for Carroll County and Fourth Circuit Court of Appeals. The stuff he owes the Maryland Court of Special Appeals isn’t due until after the first of the year.
Tick, tock.
I need to post a correction. Yesterday, I said that The Dread Pro-Se Kimberlin would have until the day after Christmas to answer my motion for sanctions in the RICO 2: Electric Boogaloo LOLsuit Appeal. It seems the Court of Appeals for the Fourth Circuit is not that patient.
Somethings are proceeding more quickly than I have foreseen.
The Dread Pro-Se Kimberlin didn’t have a very good week last week, and he’s going to have a busy holiday season. For example, his opposition to this will be due on the day after Christmas.
He’s also likely to have another filing due on the 22nd. More about that later.
And he’s facing the effort and expense of producing 31 copies (15 for the court and 16 for the lawyers and pro se appellees) of his appeal brief and 26 copies (10 for the court and 16 for the lawyers and pro se appellees) of his record extract for the appeal to the Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.
Everything is proceeding as I have foreseen.
And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.
I love it when a plan comes together.