Team Kimberlin Post of the Day


This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

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One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

* * * * *

Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Ah, it’s another one of those anniversaries! Three years ago today, a big chuck of The Dread Deadbeat Pro-Se Kimberlin’s RICO 2 Retread LOLsuit bit the dust.

Let me provide some background for the Gentle Readers who haven’t been following The Saga of Team Kimberlin for more than four years or so. Just as TDPK’s first RICO LOLsuit was failing in federal court, he filed a second one. It attempted to go after the U. S. Chamber of Commerce, a large law firm, and several intelligence contractors for defamation and other imaginary torts. However, TDPK had waited too long to file, and the statute of limitations had run out on any of the alleged acts. He tried to get around that problem by alleging that I was a coconspirator, and the my acts had continued long enough that the statute of limitations had not run out. That LOLsuit was dismissed by the federal court. Kimberlin refiled it in state court, but he dropped me as a defendant. It appeared he was finally beginning to understand that the legal doctrine of res judicata could be applied in my defense because of his previous failed LOLsuits against me.

Three years ago, I published one of those delightful Qapla’ posts.

* * * * *

Judge Mason held a hearing this morning on the ripe motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread LOLsuit. The case has been dismissed with prejudice against Hunton & Williams and the lawyers associated that firm, the U.S. Chamber of Commerce, and Berico and its employees. The case was also dismissed with prejudice against the Palantir defendants because their situation is identical to the others. The grounds for dismissal were res judicata because Kimberlin had included me as a conspirator (even though I wasn’t named as a defendant in this case) or, alternatively, the statute of limitations if I wasn’t a member of the conspiracy—and lack of personal jurisdiction over the defendants.

The motions to dismiss for the remaining defendants will be heard on 13 September.

* * * * *

Yep, everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Shoddy workmanship is a characteristic of almost everything Brett Kimberlin does. One obvious example is his “music.” Another example is his failure to attend to such a simple requirement as sequentially numbering paragraphs in a court paper. This TKPOTD is from four years ago today.

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Federal Rule of Civil Procedure 10(b) states: “A party must state its claims or defenses in numbered paragraphs …” Here’s how The Dread Pro-Se Kimberlin numbered the paragraphs in his Kimberlin v. Team Themis, et al. RICO2 Electric Boogaloo suit.

Unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, 1, 2, 3, 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, unnumbered, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, unnumbered, unnumbered, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, unnumbered, unnumbered, unnumbered, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 ,130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 133, 134, 135, 136, 137, 138, 139, 140, 141

popcorn4bkThe “reasoning” presented in those paragraphs is even more poorly organized that their numbering.

Meanwhile, the time to file an amended complaint without first seeking the court’s permission has passed. So has the time to file an opposition to my motion to dismiss the suit against me.

Tick, tock.

* * * * *

It took a while, but the District Court eventually granted both my motions to dismiss, one for lack of jurisdiction and the other for failure to state a claim. The Dread Deadbeat Pro-Se Kimberlin appealed to the Fourth Circuit Court of Appeal which wound up awarding me a $600 sanction against Kimberlin “for filing a frivolous appeal in violation of Federal Rule of Appellate Procedure 38.”

Team Kimberlin Post of the Day


The TKPOTD a few days ago dealt with Bill Schmalfedt’s sticking his nose into to something that wasn’t any of his business. He has a history of doing that quite a lot. This post from three years ago today titled It’s Billogical! details another example of his unwelcome intrusion into the lives of others.

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The Cabin Boy’s™ wild goose du jour has to do with his finding a prayer request for a woman he believes is Patrick Grady’s wife in a bulletin from a church in the same town where the Gradys live. He offers no evidence that the Gradys are members or otherwise associated with that church or that the woman in question is actually Patrick Grady’s wife. They may be, and she may be, but he offers no evidence.

But that’s not the real Billogical leap.

The Cabin Boy™ has latched onto the fantasy that the prayer request proves that the post published by Paul Krendler about his daughter being in an accident is somehow about Mrs. Grady instead. Because of all this, he imagines that Patrick Grady has some explaining to do. (Apparently, Grady is Paul Krendler again.) This is another example of Schmalfeldt’s inability to keep timestamps straight.

Krendler’s post about his daughter was put up on 28 May, 2015, and the church bulletin is for May, 2015. The Cabin Boy™ has thus jumped to the conclusion that these dates prove … something! Of course, what it proves is that Schmalfeldt has no idea of the meaning of due diligence. If he had examined the bulletin’s metadata, he would have seen that it was published at the end of April—just like most other publications that laid out a schedule of events for a coming month of May. Moreover, if he had looked at the next item down the page from the prayer request he would have seen this—NatDayPrayer

If the bulletin was published in a time frame where “May 7th” was “next Thursday,” then it probably was issued before that date. All the Cabin Boy™ had to do was read the entire page where he found that prayer request, and he would have known that his “evidence” didn’t fit his Billogical preconceptions.

Bill Schmalfeldt has yet again invaded the privacy of the Grady family (and perhaps a second family and their church as well). I’ve met Patrick Grady. He strikes me as a thoughtful and patient fellow, but if I were in his shoes, my patience would be exhausted, and I would be seeking to have the existing stalking no contact order enforced.

* * * * *

The Cabin Boy™ included Patrick Grady among the defendants in his most recent losing LOLsuit VIII: Avoiding Contact. Neither The Dreadful Pro-Se Schmalfeldt nor The Dread Deadbeat Pro-Se Kimberlin have been able top establish the identity of Paul Krendler. The Cabin Boy™ claimed that Patrick Grady am Paul Krendler in LOLsuit V: The Final in Maryland, and that case was dismissed with prejudice. Schmalfeldt’s excellent friend claimed that I am Paul Krendler in his RICO 2: Electric Boogaloo LOLsuit. That suit was dismissed with prejudice.

By 2016, TDPK had lost enough LOLsuits to figure out that res judicata prevented him from recycling his specious claims against me, and he dropped me from the state RICO 2 Retread LOLsuit. However, The Cabin Boy™ is a slower learner. He sued Patrick Grady alleging that he’s Paul Krendler three more times. He hasn’t done a fourth time. Yet. We’ve yet to see if he’s really learned his lesson.

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.

* * * * *

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.

* * * * *

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


The Dread Deadbeat Pro-Se Kimberlin has lost all four of the LOLsuits he’s filed against me. Today is the second anniversary of his fourth loss. This report from two years ago today outlines what occurred in court that day.

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There was a hearing this morning to deal with open dispositive motions in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason has a very methodical approach to managing his docket. He proceeded to review the open motions in the order they were filed.

Docket Item 113 was a motion to dismiss from Dan Backer and DB Capitol Service (Dan’s law firm). Christina Sirois argued for her client that the court lacked jurisdiction over them because they were from out of state and that The Dread Pro Se Kimberlin had not established any connection to Maryland for them. She also went briefly point by point through the complaint showing how Kimberlin had failed to state a claim upon which relief could be granted.

Judge Mason asked Kimberlin why res judicata didn’t bar his claims and pointed out how the Court of Special Appeals had ruled against him on his appeal of the earlier Kimberlin v. Walker, et al. nuisance suit. Kimberlin became irate and accused the judge of favoring the defendants and saying, “You let Aaron Walker amend his complaint against me four times, but wouldn’t let me amend my complaint.” At that point, Judge Mason held up Docket Item 91 and asked, “Isn’t 91 an amended complaint?” The judge explained that he isn’t the advocate for either side. He’s the umpire who enforces the rules, and that Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.

The motion to dismissed was granted and dismissal was with prejudice.

Docket Item 116 was next. It was my motion to dismiss for failure to state a claim. Since I also had a second motion (177) relating to res judicata, the judge heard them simultaneously. Patrick Ostronic, my pro bono lawyer, briefly outlined the arguments in my favor. There wasn’t much TDPK could say, and Judge Mason granted my res judicatamotion. Dismissal was with prejudice.

Docket Item 121 was Lee Stranahan’s motion to dismiss for lack of personal jurisdiction. Lee explained that he was from Texas with no real connections to Maryland. Kimberlin responded that Lee had filed a lawsuit in Maryland, so he had submitted himself to the State’s jurisdiction. Lee pointed out that he had not filed any such law suit. When he was being harassed in 2013, he came Maryland and filed an Application for Statement of Charges which resulted in a Commissioner charging Bill Schmalfeldt. The Howard County State’s Attorney later dropped the charge. The judge informed TDPK that someone seeking the State’s protection by filing a criminal charge is not the same thing as filing a civil suit, that the State was a party in that case and not Lee. Lee’s motion to dismiss was granted.

Note: In explaining the situation leading to the filing of the Application for Statement Charges, Lee Stranahan gave Judge Mason an accurate summary of some of the harassment he and his family experienced.

At the end of the hearing, Kimberlin asked if he could get a final ruling so that he could appeal, and the judge noted that the case wasn’t over. Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.

* * * * *

Of course, the case was really over. TDPK appealed. And of course, the Court of Special Appeals affirmed Judge Mason’s rulings. The Court of Special Appeals taxed Kimberlin the costs of the appeal, and he hasn’t paid yet.

BTW, Murum Aries Attigit coffee mugs are available at The Hogewash Store.

Team Kimberlin Post of the Day


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.

* * * * *

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?

* * * * *

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.

Team Kimberlin Post of the Day


The Team Kimberlin lawfare is slowly grinding to a halt. Yesterday, I posted the news of The Dread Deadbeat Pro-Se Kimberlin’s voluntary dismissal of his appeal of the RICO 2 Retread LOLsuit. While pro se litigation can be done on the cheap in a trial court. Appeals are expensive, especially in state courts that require submission of 15 bound copies of each brief and 10 bound copies of record extracts. That can add up to thousands of pages. Perhaps TDPK is finally getting the message that his return on his costly investment in his lawfare has been negative. The TKPOTD from four years ago today dealt with the question of how long it would take Kimberlin for figure out how badly he was screwing up.

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RICOMadnessThe Dread Pro-Se Kimberlin is no stranger to filing—and losing—RICO lawsuits. While he was still in prison, he ran a business selling porn to other jailbirds. When he lost his original connection for the porn, he turned to a new source, but was unsatisfied with what was provided. On page 213 of Mark Singer’s Citizen K we find:

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). … He asked for compensatory and punitive damages totaling $150,000. After “a [redacted] Reagan appointee” dismissed the suit on procedural grounds, Brett appealed to the Seventh Circuit but was told he’d have to pay an additional filing fee. “I decided at that point I’d spent enough on this,” he said.

One wonders when he will come to the same realization in his current Rico Madness.

* * * * *

Kimberlin still has two cases that aren’t dead, Yet. One his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit in the Fourth Circuit Court of Appeals. It’s the remains of the RICO Madness case. The other is Kimberlin v. Breitbart Holdings, et al. which he filed in federal court at the end of October, 2016. Judge Hazel has issued a show cause order to Kimberlin requiring him to explain why the Breitbart case should not be dismissed because the complaint Kimberlin filed violates a protective order issued in the Frey suit.

Here’s TDPK’s response.

OK. Time to order more popcorn.

Team Kimberlin Post of the Day


For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Some things are late already, and some are not quite late. Yet.

And in other lawfare news … The Dread Pro-Se Kimberlin has filed his notice of appeal in the Kimberlin v. Hunton & Williams, et al. RICO 2 Retread LOLsuit. That’s the most recent case that he’s lost in the Circuit Court for Montgomery County.

T-minus 2 days and counting.

Team Kimberlin Post of the Day


It’s time for another status report on The Dread Pro-Se Kimberlin’s lawfare and the pushback Team Kimberlin is experiencing. This report will only deal with the cases that are still at least somewhat alive.

The original Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit is in limbo pending the resolution of the leftover Kimberlin v. Frey RICO Remnant LOLsuit in the U. S. District Court for the District of Maryland. Kimberlin has filed his motion for summary judgment in the Frey case, and Patterico’s response and cross-motion are due on Wednesday. The last of the filings related to summary judgment in the Frey suit are due not later than 17 March. TDPK has said that he will appeal National Bloggers Club (I) to the Fourth Circuit Court of Appeals when the Frey case is over in the District Court.

The Kimberlin v. Hunton & Williams, et al. (I) RICO 2:Electric Boogaloo LOLsuit Appeal was dismissed by the Fourth Circuit Court of Appeals, and TDPK is running out of time to file a petition for a writ of certiorari with the Supreme Court. It should be thoroughly dead in a few weeks. The Court of Appeals awarded a $600 sanction against TDPK for filing a frivolous appeal against me. He hasn’t paid yet. Steps are being taken assure the debt is collected.

The Kimberlin v. Hunton & Williams, et al. (II) RICO 2 Retread LOLsuit is now officially dismissed with prejudice by the Circuit Court for Montgomery County. TDPK has a few more days left to file a notice of appeal.

The Kimberlin v. National Bloggers Club, et al. (II) RICO Retread Appeal is in the Maryland Court of Special Appeals. The appellees’ briefs have been filed. The TPDK now has a few days to file a reply brief, and then it’s up to the court to rule.

Aaron Walker has filed a notice of appeal in the Walker v. Kimberlin, et al. lawsuit. The initial mechanics of moving the case record from the Circuit Court to the Court of Special Appeals are going forward.

The Hoge v. Kimberlin, et al. lawsuit is now in the discovery phase. Both Brett Kimberlin and Bill Schmalfeldt appear to have blown off some of their obligations in discovery. Judge Hecker has ordered TDPK to show cause why he should not be found in contempt. Time is running out for Schmalfeldt to avoid … well, let’s just say time is running out.

Stay tuned.

UPDATE—One of my codefendants in the RICO Madness LOLsuit comments …rsmccain20170219

RICO 2 Retread LOLsuit News


The Dread Pro-Se Kimberlin’s state version of the RICO 2: Electric Boogaloo LOLsuit is finally over in the Circuit Court. Judge Mason scheduled a hearing to deal with the leftovers from the RICO 2 Retread LOLsuit, and TDPK failed to appear. This isn’t the first time that Kimberlin has failed to appear before Judge Mason.420644v-di123_124popcorn4bkOf course, if TDPK follows his usual scenario, he’ll be filing his appeal in 3, 2, 1 …

Stay tuned.

Team Kimberlin Post of the Day


Our year’s end review of Team Kimberlin news has reached September, a month where several things were decided.

First, the Cabin Boy’s™ free lawyer voluntarily dismissed LOLsuit VII: Degenerations maintaining The Dreadful Freeloader Schmalfeldt’s perfect record of losing every suit he’s filed.

Next, Judge Mason granted several motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit, leaving only a couple of remaining defendants. (Spoiler Alert: But not for long.)

Finally, there was a motions hearing in the Hoge v. Kimberlin, et al. lawsuit. Several of my motions were granted. William Ferguson was dismissed from the suit, but all of The Dreadful Pro-Se Schmalfeldt’s motions to dismiss were denied. Every single one of the Kimberlin’s pending motions were denied as well, but The Dread Pro-Se Kimberlin’s oral motion to delay discovery was granted when I agreed to it. Discovery was stayed until mid October.

We’ll take a look at October’s news tomorrow.

Stay tuned.

Team Kimberlin Post of the Day


Lots of paperwork and stuff is coming due for The Dread Pro-Se Kimberlin. The extensions to file the IRS Form 990s for his not-for-profits is up today, and there’s a hearing in the RICO 2 Retread LOLsuit today as well. I’m betting that hearing will effectively end that LOLsuit. Wednesday, the first round of discovery requests in the Hoge v. Kimberlin, et al. lawsuit are due to be answered, but TDPK has already announced that he intends to blow that off.

OTOH, he has spent some time drafting this motion for summary judgment in the Hoge v. Kimberlin, et al. lawsuit.

Any substantive public comment I plan to make concerning that motion prior to the court’s ruling on it will be contained in the opposition I will file with the court.

There are other things coming due before the end of the month.

Tick, tock.

Team Kimberlin Post of the Day


There’s a motions hearing scheduled before Judge Mason on Tuesday in the Kimberlin v. Battelle, et al. RICO 2 Retread LOLsuit. (Hunton & Williams LLP, the original lead defendant, was dismissed from the case early on. The lead defendant in the amended complaint is Battelle Memorial Institute, the not-for-profit that operates Pacific Northwest National Laboratories for the Department of Energy.) That’s not the only Kimberlin-related case that will likely see something happen this week.

Stay tuned.

Team Kimberlin Post of the Day


It seems that The Dread Pro-Se Kimberlin has figured out that Judge Mason isn’t going to postpone the motions hearing scheduled for next week in what’s left of the Kimberlin v. Hunton & Williams, et al. (II) RICO 2 Retread LOLsuit. He withdrawn his motion for a postponement and filed oppositions to the defendants’ motions to dismiss.420644v-di111-5As the Gentle Reader can see from Docket Number 112, TDPK has also filed for alternate service on former defendant Aaron Barr. I refer to him as a former defendant because he was not named in the amended complaint that Kimberlin filed on 3 October.420644v-di102It seems that TDPK has so many suits going that he can no longer keep track of who he’s sued, who’s beaten him, and who he’s dismissed or dropped.

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin still has three lawsuits pending as well as appeals in three others he’s lost. November should be a busy month for him.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin was more time to prepare for the hearing for the remaining motions to dismiss in the RICO 2 Retread LOLsuit.420644v-di109He says he was busy with the Walker lawsuit and will be tied up with election-related work for his not-for-profits.

I’ll bet that the motion is denied and that Judge Mason moves to clean up the remains of the case as expeditiously as possible.

We’ll see.

Team Kimberlin Post of the Day


Many of the Gentle Readers have said there have been so many LOLsuits filed by Brett Kimberlin over the past three years that they have trouble keeping up with them. Here’s a brief summary:

Kimberlin v. Walker, et al. was filed in the Circuit Court for Montgomery County on 30 August, 2013. It alleged various nonexistent torts as well as defamation and false light invasion of privacy against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. The nonexistent torts were dismissed against Aaron, Stacy, Ali, and me on motions for summary judgment on 1 July, 2014, and we beat Kimberlin at trial on 12 August, 2014, when the judge stopped the trial with a directed verdict in our favor because Kimberlin could not show that anything we had written or said about him was false. The persons Kimberlin identified as being Kimberlin Unmasked settled the case separately. Kimberlin appealed his loss to the Maryland Court of Special Appeals, and three-judge panel of the appeals court affirmed the judgment of the Circuit Court in January of this year. Kimberlin asked the whole court to rehear his appeal, but that was denied. He petitioned the Maryland Court of Appeals for a writ of certiorari, and that was denied. He announced that he would petition the U.S. Supreme Court for a writ of certiorari, but did not file in time. This case is finally over. Kimberlin lost. There will be no “exoneration.”

Kimberlin v. National Bloggers Club, et al. (I) was filed on 15 October, 2013, in the U.S. District Court for the District of Maryland, initially against a laundry list of codefendants including me, alleging that we were a racketeering enterprise set up to defame him. My codefendants included Mandy Nagy, Simon & Schuster (the publishing company), Glenn Beck, Michelle Malkin, and Lee Stranahan. Eventually, there were two dozen defendants. A few settled with Kimberlin, but most of us were dismissed with prejudice on 17 March, 2015. One count against one defendant, a civil rights complaint against Patrick Frey is still lingering. Kimberlin filed an untimely appeal with the Fourth Circuit Court of Appeals which was summarily rejected because the case is still pending in the District Court. Kimberlin has sought to use confidential evidence obtained from Patrick Frey during discovery in other cases, and Judge Hazel has refused to modify the protective order to allow it. As a result, Kimberlin has filed a petition with the Fourth Circuit Court of Appeals asking that court to order Judge Hazel to modify the order to suit Kimberlin. The Fourth Circuit has not yet acted on that petition. Discovery has now closed in the case against Patrick Frey.

Kimberlin v. Hunton & Williams LLP, et al. (I) was filed in the U.S. District Court on 16 March, 2015, the day before Judge Hazel threw out the first RICO LOLsuit. My codefendants in this LOLsuit included Hunton & Williams (a law firm with 800 lawyers), the U.S. Chamber of Commerce, and Pacific Northwest National Laboratories. This was another RICO suit alleging a conspiracy to defame Kimberlin. It was dismissed with prejudice last March. Kimberlin has appealed to the Fourth Circuit, informal briefing is complete on the appeal, and we are waiting for the ruling.

Kimberlin v. National Bloggers Club, et al, (II) was filed on 15 April, 2015, in the Circuit Court for Montgomery County. It recycled the state law claims from the dismissed federal suit against most of the defendants. Beginning in September, 2015, the defendants were dismissed piecemeal, and most of us were dismissed with prejudice. Kimberlin is now in the process of filing an appeal with the Maryland Court of Special Appeals.

res_judicata_mugsKimberlin v. Hunton & Williams LLP, et al. (II) was filed in the Circuit Court for Montgomery County after Judge Hazel dismissed the federal case. Again, Kimberlin did not include all of the federal defendants in the state case. This time he dropped me, perhaps realizing that including me as a codefendant meant that the doctrine of res judicata might shield my codefendants as well. However, he left me in the case as a co-conspirator, so most of the defendants have been dismissed because he should have sued them when he first sued me. I expect that the remaining defendants will be dismissed before Thanksgiving.

Kimberlin v. McConnell, et al. was Kimberlin’s LOLsuit against Senators McConnell and Grassley complaining that they hadn’t moved the Merrick Garland Supreme Court nomination through the Senate and alleging that they had waived the Senate’s right to not advise and consent to the nomination. This was filed in the U.S. District Court, and Judge Hazel dismissed the case sua sponte for lack of standing on Kimberlin’s part. This has also been appealed to the Fourth Circuit Court of Appeals. I have filed a motion to intervene in Kimberlin’s appeal, citing my interest as a party in three of the cases Kimberlin alleges give him standing to appeal.

For the record, I am represented in the Maryland Court of Special Appeals by Patrick Ostronic, and I am represented in the ongoing Fourth Circuit matters by Aaron Walker. Both are assisting me pro bono.

Passing Some Legal Milestones


The Dread Pro-Se Kimberlin had 90 days from the denial of his petition for writ of certiorari in the Walker v. Kimberlin, et al. LOLsuit by the Maryland Court of Appeals to file an appeal with the Supreme Court. His time ran out on 23 September, so that case should be finally over.

The motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit from Bill Nickless and Pacific Northwest National Laboratory were granted on 13 September, but TDPK was given leave to amend his complaint within 20 days. His time ran out yesterday, and it appears he hasn’t filed anything. Of course, I expect that TDPK will try to file an amended complaint any way. If he does, if will be interesting to see if Judge Mason strikes the late complaint before the motions hearing scheduled for mid November or if he waits for the hearing to end the case.

UPDATE—Well, what to you know? The Dread Pro-Se Kimberlin got something filed on time!420644v-di102I look forward to seeing what his amended claims are against the John Does.

Qapla’


During the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit hearing this morning, Judge Mason ruled as follows—

The Mantech/HB Gary defendants were dismissed with prejudice for failure to state a claim upon which relief can be granted.

Bill Nickless was dismissed for failure of service of process and lack of personal jurisdiction, but The Dread Pro-Se Kimberlin was given leave to amend his complaint and re-serve it within 20 days.

PNNL was dismissed because it is not a legal entity and, as such, cannot be sued. TDPK lied to the judge about being put on notice of that error in the federal RICO 2: Electric Boogaloo LOLsuit, and was caught when PNNL’s lawyer produced a copy of her federal filing which put TDPK on notice. Kimberlin was also given leave to amend his complaint to name a proper defendant and re-serve it within 20 days.

There was also a pretrial hearing for the Walker v. Kimberlin, et al. lawsuit. Decisions on all of the substantive motions were deferred until the motions hearing scheduled for the 30th.