Tag Archives: RICO 2: Electric Boogaloo LOLsuit

Team Kimberlin Post of the Day

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Brett Kimberlin is a liar. He’s also a coward who is afraid to tell his lies in an open forum where can be held accountable. The TKPOTD for eight years ago cited one example of his telling lies via legally protected speech.

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Here’s one of the allegations The Dread Pro-Se Kimberlin makes against me in his Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit.RICO2 ECF-76Now, it may be that the Gentle Reader is wondering whether or not that allegation is true. It isn’t. Convicted perjurer Brett Kimberlin is lying, and here’s how you can be sure. If that allegation were true, TPDK could say it without fear of being sued for defamation. He will only make such statements in privileged settings such as court filings. Until he makes an allegation in an unprivileged venue, it won’t be unreasonable to assume that Brett Kimberlin isn’t telling the truth.

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Kimberlin is a convicted perjurer. He pleaded guilty to a drug smuggling charge. He’s the Speedway Bomber.

Team Kimberlin Post of the Day

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Some of my favorite Team Kimberlin posts have been titled Qapla’. This one is from seven years ago today.

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I win. Again.

Judge Hazel has dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.

I am pleased.

res_judicata_mugsUPDATE—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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He hasn’t sued me again, but there are still some open issues. I’m not done with him yet.

Team Kimberlin Post of the Day

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When it had become obvious that Brett Kimberlin’s RICO 2: Electric Boogaloo LOLsuti (aka, Kimberlin v. Hunton & Williams, et al) was dead in the water, The Deadbeat Pro-Se filed a motion for leave to amend his complaint. Of course, he failed to include his proposed amended complaint as required by the court’s rules, and Judge Hazel wasted no and ordered Kimberlin to get his act together. Seven years ago today, I noted Well, That Was Quick.

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Judge Hazel has ordered The Dread Pro-Se Kimberlin to comply with the Court’s Rules.

popcorn4bkThere are a couple important things that Judge Hazel did not do. First, he did not bend the Rules in order to cut a pro se plaintiff any undue slack. Second, he has taken no steps to grant TDPK any “relief” from the requirement that he obey the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit. It will interesting to see if TDPK is capable of dotting the Is and crossing the Ts properly.

UPDATE—Oooooh, I just noticed something else. “… shall file and serve …”

Heh.

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Yeah. And serve. The judge was clearly tiring of complaints for other persons about Kimberlin’s failure to serve court papers in a timely manner, if at all.

Team Kimberlin Post of the Day

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TeaTeam Kimberlin The TKPOTD for eight years ago today provided a summary of why Brett Kimberlin would lose the federal claims in the RICO Madness LOLsuit and why he would lose the state claims he tried to keep alive in his RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin wrote in one of his filings that Ace of Spades lawyer was being “hyper technical” by insisting that Kimberlin was suing the entity actually called out in his Kimberlin v. The Universe,et al. RICO Madness complaint rather than a third party. In his omnibus opposition to the motions to dismiss the RICO Madness he claims that we defendants are relying on technicalities rather than facts.ECF 231-2This is ripe for fisking.

<fisking>

Because there is no truth to their defamatory statements …

The reason TDPK lost his state Kimberlin v. Walker, et al. lawsuit was because he couldn’t show that anything we said and wrote about him was false. The doctrine of res judicata prohibits him from retrying those issues related to defamation. He can now longer use any of the evidence that he raised in that trial against Aaron Walker, Stacy McCain, Ali Akbar, or me. Not only that, but he can’t use any of evidence that was available to him at the time that he could have raised but failed to do so.

… they instead ask the Court to dismiss the case for many technical reasons, …

“Technical reasons” means points of law.

… such as, 1) the three year statute of limitations should not apply to the false light claim, …

Yep. It should. The Smith v. Esquire decision that says so is a binding precedent in the District of Maryland. Kimberlin has misrepresented the Allen v. Bethlehem Steel case as being a ruling of the Maryland Court of Appeals which would be a binding interpretation of state law. In fact, it is a decision from a lower court and isn’t binding on the U. S. District Court. Also, TDPK has provided a false citation to the case.

… 2)  defamation and false light cannot apply to Plaintiff because he is a public figure and 3) defamation proof, …

I don’t recall any of the defendant arguing that a public figure can’t sue for defamation or false light, but several of us have pointed out that Brett Kimberlin’s reputation was so bad before we ever wrote or said one word about him that it was impossible to take it any lower. Brett Kimberlin is a convicted serial bomber like Ted Kaczynski (the Unabomber), and convicted serial bombers are notorious public figures with bad reputations.

… 4) the Defendants did not engage in a RICO Enterprise, …

As a matter of fact, we didn’t, and simply say that we did without saying who did what to whom on which day is not a well-plead allegation as required by Federal Rule of Civil Procedure 8.

… 5) the First Amendment allows fair comment …

Yes, it does.

… 6) Defendant Frey did not act under color of law, …

Well, he didn’t, and the U. S. District Court for the District of Southern California ruled that he didn’t in the very similar Naffe v. Frey case. Given that the facts of that case are so similar to the half-baked allegations in the RICO Madness, given that TDPK has not explained why that court got anything wrong, and given the rulings in similar cases by the Fourth Circuit (the next higher federal court to the District of Maryland), Kimberlin doesn’t have much of a case here.

… and 7) the SAC violates the Maryland Anti-SLAPP statute.

SAC stands for “second amended complaint,” and, yes, it does. It has the effect of chilling discussion of a topic of public interest.

Each of these and other arguments is without merit and belied by the facts and law.

Uh, huh.</fisking>

#SMH

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And his follow on cases, RICO Remnant; RICO 2: Electric Boogaloo; RICO 3; and Kimberlin v. McConnell, et al. were even more shoddily crafted—and losers every one.

Team Kimberlin Post of the Day

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Brett Kimberlin’s attempt to use lawfare to regain control of the narrative relating to his criminal past and activist present failed. Not only was he unable to squelch blogs like Hogewash!, he even lost control of the spin being emitted from his associates on Team Kimberlin. The TKPOTD for seven years ago today pointed out one instance when Kimberlin and Bill Schmalfeldt got stories crossed.

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The Cabin Boy™ is still maintaining that Lynn Thomas is Paul Krendler. Meanwhile, The Dread Pro-Se Kimberlin is on record (in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) as claiming that I am Krendler.

They can’t both be right, but they can both be wrong.

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And they both can be, and are, losers.

Team Kimberlin Post of the Day

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It’s been seven years to the day, and Bill Schmalfeldt hasn’t paid up yet.

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wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

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It seems that Brett Kimberlin isn’t the only deadbeat on Team Kimberlin.

Team Kimberlin Post of the Day

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Brett Kimberlin has a thin skin. He included this bit of whining in his omnibus opposition to the motions to dismiss his RICO 2: Electric Boogaloo LOLsuit.Here’s the part of my motion to dismiss that bothered him so.

BTW, a few days after Kimberlin filed that motion to dismiss, a judge in another case found that Kimberlin’s reputation as a perjurer, drug smuggler, and serial bomber was so bad that it was not possible to injure it, and therefore, it was not possible for him to make a valid defamation claim.

His whole lawfare campaign blew up in his face.

Team Kimberlin Post of the Day

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As the TKPOTD for seven years ago today noted, Brett Kimberlin often has had difficulty complying with deadlines for filing court papers.

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popcorn4bkThe docket on PACER does not show that any opposition to my motion to dismiss for failure to state a claim has been filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo. Given that the deadline for filing any opposition was last Friday, it appears that the motion is now unopposed.

Stay tuned.

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I filed two motions to dismiss in that case. One was for improper venue; the other was for failure to state a claim. The court granted both motions, effectively ruling that Kimberlin’s LOLsuit was not only bogus, but filed in a court that didn’t have jurisdiction .

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

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All of Team Kimberlin’ LOLsuits failed because they were never able to put together a logically consistent narrative that alleged all the elements of a tort. The TKPOTD for seven years ago today examine one fatal error in one false narrative.

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The real caption of the RICO 2: Electric Boogaloo LOLsuit is Kimberlin v. Hunton & Williams LLP, et al. Hunter & Williams LLP is a large law firm, but they are not representing themselves. They have hired Williams & Connolly LLP to handle the suit.

This is footnote 9 in the H&W motion to dismiss,ECF 58-fn9

The Dread Pro-Se Kimberlin waited until after the statute of limitations had run before filing his complaint against the people and organization he imagines conspired against him. He didn’t allege that ManTech, PNNL, Bill Nickless, or I were part of that original conspiracy. He’s opportunistically dragged us into the case to try to have some sort of continuity to the supposed plot. Of course, if ManTech, PNNL, Mr. Nickless, and I were never part of the conspiracy, it doesn’t make sense that we acted on its behalf.

But logic has never been one of the strong points in TDPK’s LOLsuits.

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res_judicata_mugsAnd he dragged me in after having already lost an earlier case against me in which he could have alleged all of his claims against me in the RICO 2 case, but the doctrine of res judicata precluded litigation of those claims. Further, by including me in the alleged conspiracy, the res judicata shield I enjoyed also protected those alleged co-conspirators.

Incompetent is as incompetent does.

BTW, Res Judicata coffee mugs and other goodies are available at The Hogewash Store.

Team Kimberlin Post of the Day

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The Circuit Court in Montgomery County let the Kimberlin v. Walker, et. al. LOLsuit get all the way to a trial, but most of his later state and federal cases failed to survive motions to dismiss. One did make it as far as a summary judgment in the defendant’s favor, but two were killed off via sua sponte dismissals by a judge who had learned his lesson about Kimberlin in previous cases. The TKPOTD for seven years ago today looked at one of the fatal flaws in the RICO 2: Electric Boogaloo LOLsuit.

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Here’s another example of The Dread Pro-Se Kimberlin’s inability to keep his lies straight. First, take a look at this paragraph from his opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 67-p17Now, take a look at paragraphs 57 and 58 in his Complaint.ECF 1-57-58

Those two paragraphs describe things that I allegedly did, and that paragraph from the opposition says that those supposed acts were done for the advancement of the mythical RICO conspiracy. That would make me a member. However, according to the Complaint, I’m not.ECF 1-C-VI

“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.”  Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.

popcorn4bkTDPK is lucky that his nonsense about paragraphs 57 and 58 is in that opposition. Since it isn’t within the four corners of the Complaint itself, the Court can ignore it and the resulting contradiction. Of course, there are still plenty of fatal defects in the Complaint, but I don’t need to educate the midget about all of them. At least, not yet.

Stay tuned.

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The biggest flaw in the RICO 2 case was including me at all. Because he could have made all the new claims against me as part of the first LOLsuit that he lost, he was barred from raising them against me by the legal principle of res judicata. Further, by claiming that I was a member of a conspiracy, that bar extended not only to me but also to my alleged co-conspirators.

Game over.

BTW, Res Judicata coffee mugs, t-shirts, and other fine swag are available at The Hogewash Store.

Team Kimberlin Post of the Day

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At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.

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The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.

Yawn.

popcorn4bkBefore he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.

Stay tuned.

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The questions posed by this comment to the original post have never be properly answered..

Team Kimberlin Post of the Day

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As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” pointing out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.

The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.

The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.

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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.

No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.

I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.

I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.

TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.

popcorn4bkAnd maybe not.

He is making noises about appealing his loss in the state lawsuit.

Stay tuned.

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Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.

Team Kimberlin Post of the Day

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Brett Kimberlin’s attempts to use lawfare to silence and/or punish his perceived enemies became more unsuccessful as he went along. Most of the first defamation case was disposed of at summary judgment (explained below), and the rest of it failed when the judge stopped the trial after Kimberlin had rested his case because he hadn’t shown any evidence to support his case. The most of the second case failed to survive motions to dismiss, and the last defendant won at summary judgment. The third and fourth defamation cases didn’t survive motions to dismiss, and the fifth case was dismissed by the court on its own motion before any summons were issued to the defendants.

The TKPOTD for eight years ago today dealt with the summary judgment in the first case.

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Judge McGann threw out five of the seven claims for relief in the Kimberlin v. Walker, et al. nuisance lawsuit on Tuesday morning. He also denied The Dread Pro-Se Kimberlin’s motion for summary judgment against the defendants.

I have held off publishing either sides filings related to yesterday’s hearing until after the judge ruled. Now that TDPK’s motion for summary judgment has been denied, I’ll comment on it.

But first let me explain to those of you with your hands raised about what a summary judgment is.

A summary judgment is one entered by a court for one party and against another party without a full trial. It’s a determination on the merits based upon the court’s finding that there are no disputes of material fact requiring a trial to resolve and that in applying the law to the undisputed facts, one party is clearly entitled to judgment. In plain English that means that yesterday the judge found that there was no question that both the facts and the law were against Kimberlin’s claims for relief related to abuse of process and malicious prosecution, conspiracy to abuse process, intentional infliction of emotional distress, harassment, and stalking.

In order to establish the elements of malicious prosecution, TPDK needed to allege that the criminal complaints filed against him were without probable cause and were filed with malicious intent. He did not allege either with sufficient particularity for the judge or the defendants to know what acts the defendants might have committed that resulted in his claimed tort.

He had a similar problem with his allegation of conspiracy to abuse process. He also could not overcome the fact that conspiracy is not, itself, a tort.

He did not allege the elements of intentional infliction of emotional distress with sufficient particularity for the court understand the nature of his distress or what damages he might have suffered. Pleading severe butthurt was a non-starter.

The claims for stalking and harassment were thrown out very early in the hearing after it was pointed out that there are no such torts and after TDPK admitted he could cite no case law supporting his claim.

popcorn4bkThe counts related to defamation and false light invasion of privacy still survive. For. Now. TDPK hasn’t provided any of the discovery related to those claims, and the sanctions imposed by the court will prohibit him from introducing any related evidence if he has not complied with discovery by 10 July.

Stay tuned.

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Since I didn’t say it then, I’ll say it now: Qapla’

Team Kimberlin Post of the Day

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T. S. Eliot wrote that April is the cruelest month. Brett Kimberlin might reasonably disagree and nominate March instead. The TKPOTD for seven years ago today catalogs some of Kimberlin’s losses during March.

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The Dread Pro-Se Kimberlin has had it rough the last few days. First, he lost his attempt at getting a peace order against me. Next, the false and misleading nature of the tweet he used as evidence during the peace order trial came out, gutting what little case he had. (This may explain why nothing about an appeal or perjury charges against me has appeared in the Maryland Case Search database yet).

The big whammy came day before yesterday when Judge Hazel put TDPK’s RICO Madness out of it’s misery, dismissing all the counts against all the defendants except for the civil rights claim against Patrick Frey. (Go hit Patterico’s tip jar.) That happened just as TDPK was filing RICO2 which I will call Kimberlin v. Team Themis, et al.

I’m the only defendant in common between the two RICO suits, and having me in RICO2 is going to be more problems for TDPK than he can imagine.

Stay tuned.

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Two things—

First, feel free to keep hitting Patterico’s tip jar. He runs a blog that deserves support.

Second, I’ll stand by my statement that Kimberlin’s worst mistake during his lawfare campaign was tangling with me. And I’m not done with him yet.

Team Kimberlin Post of the Day

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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.

Team Kimberlin Post of the Day

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From time to time, Brett Kimberlin would offer rewards of $100,000 or more for information about election fraud or other things his not-for-profits were “investigating.” Bill Schmalfeldt also offered fake rewards, but they were never so grandiose. Six years ago today, I claimed one the Cabin Boy’s™ reward, but he reneged on the offer.

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wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

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In fact, Kimberlin was lying. I am not now and I have never been Paul Krendler.

Team Kimberlin Post of the Day

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Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

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The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

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No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

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Brett Kimberlin may have thought that he would get a change to stick his hands into some deep pockets with his Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, but he waited until after the statute of limitation has expired against his big money defendants. He tried to solve that problem by including me as a defendant, claiming that my writing about him and his activities was a continuation of the alleged conspiracy to defame him. That made it in my codefendants’ interest to assist in my defense. Here’s the TKPOTD from six years ago today.

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The reply to The Dread Pro-Se Kimberlin’s opposition to the motion to dismiss filed by the U. S. Chamber of Commerce in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit contains this paragraph that points out how defective some of TDPK’s allegations against me are.

ECF 71-p17_18Meanwhile, it will be interesting to see if TDPK got around to filing an opposition to my motion to dismiss for failure to state a claim and what tale he might have tried spin as part of it.

Stay tuned.

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Of course, the lawyers for the Chamber of Commerce were correct in stating that even if I had done what Kimberlin alleged, such acts would not have provided any basis for a lawsuit. Additionally, allegations such as Kimberlin’s tale that I had ever fantasied about murdering him were simply false.

His lawsuit against me was dismissed with prejudice for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

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Six years ago today, one of my codefendants in the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit filed a motion to dismiss which prompted me to publish this post about More Electric Boogaloo.

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The lawyers for the U. S. Chamber of Commerce have filed a reply to The Dread Pro-Se Kimberlin’s opposition to the Chamber’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

I found Exhibit 1 to be interesting.

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There were some interesting admissions against interest in that email that were useful in other cases, but the prizewinner was the prediction that Judge Hazel would not grant the motions to dismiss in the original RICO Madness LOLsuit.

Team Kimberlin Post of the Day

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The TKPOTD for six years ago today dealt with on of the more bizarre claims that Brett Kimberlin made about my background in his RICO 2: Electric Boogaloo LOLsuit.

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The Dread Pro-Se Kimberlin has me confused with another William Hoge. He put this in a recent filing in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 67-p8He must have me confused with my late father, who was a Special Agent in the U. S. Army Counter Intelligence Corps during World War II. He was involved in investigative work in the U. S. during the first part of the war, and he commanded a Counter Intelligence Team attached to the 66th Infantry Division in Europe. (Military Intelligence was not a separate branch back then. My father was commissioned in the Infantry, and he was the only infantry officer to accept the surrender of a German submarine, but that’s another story.) After the war, his CIC team was involved in rounding up Nazis. He continued to serve in the Army Reserve until the late ’60s and transferred to Military Intelligence when it became a separate branch.

I was commissioned in the Signal Corps, and while I worked closely with SIGINT guys from time to time, I was never a part of Military Intelligence. I’ve had various security clearances as a soldier or as an engineer working on government programs, but I’ve never been a spook.

TDPK is either very confused or hallucinating or lying. Or perhaps all three.

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He was lying.

Team Kimberlin Post of the Day

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The Kimberlin v. Hunton & Williams, et al. LOLsuit was the second of the failed federal RICO cases he brought against me. Six years ago today, i filed a motion to dismiss the case. I posted a copy as More RICO 2: Electric Boogaloo.

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Today, I filed a motion to dismiss for failure to state a claim in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. I filed it by mail. Normally, I would wait until the motion appeared on PACER to post it here, but since The Dread Pro-Se Kimberlin should receive his copy tomorrow, I figure I might as well post it today.

Murum aries attigit.

BTW, under the Federal Rules of Civil Procedure, his opposition to this motion will be due not later than the 21st. That’s the Monday following the Friday that his amended complaint is due in the state RICO Retread LOLsuit.

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I wasn’t the only defendant to file that day. Those motions to dismiss can be found here and here.

Team Kimberlin Post of the Day

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Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

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Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

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Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

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Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

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Go read it.

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While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longest single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

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This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

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@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

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When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

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The TKPOTD for six years ago today dealt with one of the weaker claims that Brett Kimberlin made to support his imaginary Team Themis conspiracy in the RICO 2: Electric Boogaloo LOLsuit.

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This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-43Ya’ think?

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Even if documents existed that related to such contracts, they would probably be classified and not subject to the Freedom of Information Act. Failure to provide classified information to someone incapable of holding a security clearance is not evidence of a conspiracy.

Kimberlin has clearly been frustrated that his fishing expeditions (FIOA, lawsuit discovery, buying foreign documents, etc.) have always failed to turn up dirt on his perceived enemies.

Losing losers gotta lose.