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.

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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.

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

We’ll see.

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

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

Team Kimberlin Post of the Day


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.

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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.

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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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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.

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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.