Team Kimberlin Post of the Day


It’s pretty obvious that Brett Kimberlin fancies himself as well over the the righthand side of the intelligence bell curve. For someone who thinks of himself as a smart guy, he sure makes a lot of dumb mistakes. The TKPOTD from five years ago dealt with one particularly stupid claim he made in a filing in the RICO Madness LOLsuit.

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Brett Kimberlin is a whiner. A couple of years ago, I reviewed one of his CDs and noted the naturally whiny quality of his voice. (Mrs. Hoge thinks he sounds like Eddie Haskell.) That whiny nature carries over into the writing of his various court papers. He sent a letter to Judge Hazel complaining that Aaron Walker and I had publicized his seeking permission to file a preliminary injunction against us. He also was upset that we had exposed more inconsistencies in his claims about service of process, the actual Certified Mail green cards, and postal record. Apparently, The Dread Pro-Se Kimberlin believes that he is entitled to have his vexatious Kimberlin v. The Universe, et al. RICO Madness conducted away from any public scrutiny.ECF 167-p2

Judge Hazel wasn’t buying it.ECF 168-p3ECF 168-fn2

Ear-plugsTDPK has a bit more than a month before his omnibus response to the eleven (so far) motions to dismiss is due. It will be interesting to see if he can keep his paperwork within the 50 page limit required by the judge’s order. I also look forward to seeing if The Dread Pro-Se Kimberlin’s filing is as legally off-key as The Dread Performer Kimberlin’s singing.

Stay tuned.

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The Dread Deadbeat Pro-Se Kimberlin brought his opposition to our motions to dismiss in at exactly 50 pages. It relied on lies and innuendos to spin a false narrative which didn’t support his case. As a result only one count survived against one defendant, and that was disposed of at the summary judgment phase.

It took a while, but everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


To borrow some words from a song from the ’60s,

There’s something happening here
What it is ain’t exactly clear

I was checking out the Justice Through Music Project website, and I noticed that the DONATE buttons were gone. That struck me as odd. I went over to the Protect Our Elections website, and it’s donate page was still up and functional. It also still had the claim that the donation was being made to a 501(c)(3) entity and was tax deductible. Protect Our Elections/EMPR has never been recognized as a 501(c)(3) charity by the IRS. Until recently, it was recognized as a 505(c)(4) not-for-profit, but its status was revoked for failure to file the required paperwork for over three years. In any case, (c)(4) organizations don’t pay taxes, but donations to them are not tax exempt, so they claim that donations to POE/EMPR are deductible is simply wrong.

It becoming apparent that Kimberlin is pay the same attention to his not-for-profits as he used to. It’s almost as if something else is distracting him.

Hmmmm.

BTW, when The Dread Deadbeat Pro-Se Kimberlin sued me and my codefendants in the Kimberlin v. National Bloggers Club, et all. (I) RICO Madness LOLsuit, he accused us of operating a false 505(c)(3) as a scam.

Can you say “projection”?

Team Kimberlin Post of the Day


Alinsky’s Rule 5 states that ridicule is man’s most potent weapon. It has certainly been effective in countering some of the bizarre fabrications that Brett Kimberlin has included in the LOLsuits he’s filed to try to silence truthful reporting by his critics. The TKPOTD from five years ago today took a look at one use of pointage, laughery, and mockification in one response to a filing by The Dread Deadbeat Pro-Se Kimberlin in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin writes some of the most amazing nonsense in his various court filings. Earlier this year, he filed something he called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings” in the Kimberlin v. The Universe, et al. RICO Madness. It’s something of a favorite of mine because of its utterly unhinged nature. Here’s a sample:ECF 49-9My reply to that one paragraph ran for about two-and-a-half pages. Here are the beginning and end paragraphs of that reply:ECF 59-p6ECF 59-p9TDPK’s omnibus opposition to the eleven motions to dismiss is due five weeks from today. I’m looking forward to seeing what wacko claims and theories he will offer in that filing, but, more important, I’m looking forward to the case getting of top dead center and beginning to move again.

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And of course, Kimberlin’s case against me was dismissed in part for failure to state a claim upon which relief could be granted and in part for improper venue when the federal court refused to consider his state law claims.

Team Kimberlin Post of the Day


I’ve been a defendant in two RICO LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin. The TKPOTD for three years ago today, dealt with his first RICO suit which was filed almost three decades before he sued me.

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The two RICO LOLsuits that The Dread Pro-Se Kimberlin has filed against me were not his first venture into RICO madness. This is from the section in Mark Singer’s book Citizen K about TDPK in-prison business selling porn.

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). According to the complaint, instead of thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Cohabitation. When Kimberlin wrote a letter demanding the material he had originally ordered, the defendant had the temerity to offer instead “sexual aids,” including, Kimberlin noted, “a live-size inflatable doll, dildos, and a vibrating plastic vagina.”

Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000. After “a fucking 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. “So I just blew if off.”

—p. 203

So far, it looks like he’ll be three for three.

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TDPK actually went four for four.

Most of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit had been dismissed for failure to state a claim when that TKPOTD was written. The remaining count became the Kimberlin v. Frey RICO Remnant LOLsuit. Kimberlin lost that case at summary judgment, and he lost all the related appeals.

The Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit was still pending three years ago. Kimberlin lost that and the related appeal as well.

A year and a day after the post was published, TDPK filed another RICO suit, Kimberlin v. Breitbart Holdings, et al. That suit was dismissed because his complaint violated the court’s protection order in the Frey case. Kimberlin appealed and lost that appeal also.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin claimed in his LOLsuits that he was the victim of false narratives spun to defame him. However, it turns out that the lies being told in the various court papers and testimony were all coming from him. The TKPOTD from five years ago today deals with one rather stupid falsehood Brett Kimberlin included in a court filing.

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The Dread Pro-Se Kimberlin makes mind-bogglingly false assertions in his various court filings. Consider this from his opposition to my motion to dismiss his first amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 29-2The Smith case he mentions is a case from the U. S. District Court for the District of Maryland which interprets the Maryland one year statute of limitations on defamation as also applying to false light invasion of privacy. It’s the controlling legal authority in the court handling the RICO Madness. TDPK states that Maryland’s highest court, that would be the Court of Appeals, has ruled otherwise. If that were the case, that would settle the law because defamation is a matter of state rather than federal law.

However, …

The Allen v. Bethlehem Steele case TDPK cites never went to the Court of Appeals. It is a Court of Special Appeals case, and that court is an intermediate appeals court. It’s decisions on matters of law are not binding on any federal court. The Court of Appeals has never ruled on the statute of limitations for false light, so the federal court’s precedent controls. Furthermore, there is no such case citation as 314 Md. 458 (1988). The proper citation for Allen is 76 Md. App. 642 (1988).

Oops.

popcorn4bkThere has been a certain sense of TDPK sorta/kinda making it up as he goes along. It will be interesting to see what kind of bizarre legal theories he will put in his omnibus opposition to the motions to dismiss his second amended complaint.

Stay tuned.

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Lying liars gotta lie.

Team Kimberlin Post of the Day


Brett Kimberlin filed his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in October, 2013 with multiple counts against over 20 defendants. All but one count against one defendant were dismissed in March, 2015. The Dread Deadbeat Pro-Se Kimberlin tried to appeal the dismissal to the Fourth Circuit Court of Appeals, but his appeal was rejected because part of the case was still pending in the District Court. He then tried to get the District Court to issue a final judgment on the dismissed portion of the case so that he could appeal the dismissal. Although we expected to win any such appeal, we defendants weren’t in any hurry to put our victory at risk. This post, In Re RICO Remnant, ran five years ago today.

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The Dread Pro-Se Kimberlin has filed a motion seeking to have the dismissal of his RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit declared final. That would allow him to file an appeal with the Fourth Circuit Court of Appeals without having to wait for the disposition of his remaining claim in the case, which is now the Kimberlin v. Frey, RICO Remnant LOLsuit.

Aaron Walker isn’t in such a hurry.

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It took another couple of years for the RICO Remnant case to wind down in the District Court. Of course, TDPK lost; the court granted summary judgment in Frey’s favor. By that time, Kimberlin has been beaten enough times that he didn’t bother to appeal the initial dismissal. He only appealed the summary judgment, and he lost that appeal.

As TDPK’s lawfare campaign was getting started almost a decade ago, Kimberlin threatened to sue Frey, saying that he’d filed over a hundred lawsuits and that one more would be no sweat. It may be that the sweat resulting from the multiple losses may have become too uncomfortable for Kimberlin, He hasn’t filed any LOLsuits for a while.

Team Kimberlin Post of the Day


Then Gentle Reader who has followed this blog for a while has surely noticed that one of the themes of these TKPOTD posts it the incompetence displayed by Team Kimberlin in their various pro se LOLsuits. The TKPOTD that ran five years ago today dealt with the multiple errors in just one paragraph of The Dread Deadbeat Pro-Se Kimberlin’s Second Amended Complaint in the first RICO LOLsuit he filed against me.

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Let’s do a bit of fisking of a paragraph from The Dread Pro-Se Kimberlin’s second amended complaint in Kimberlin v. The Universe, et al. RICO Madness. Paragraph 265 begins

Defendants, intentionally and willfully engaged in a concertedcampaign of online defamation, false light, …

TDPK’s going to have a lot of trouble with those allegations given his catastrophic loss on his claims of defamation and false light in the Kimberlin v. Walker, et al. nuisance lawsuit. Collateral estoppel.

false narratives, …

He keeps using that phrase. I do not think it means what he thinks it means.

battery, …

Speaking of false narratives, TDPK’s claim that Aaron Walker assaulted him was thrown out by the District Court and Circuit Court in Montgomery County over two years ago. More collateral estoppel.

intimidation, threats, …

While Hogewash! has certainly never published a threat directed at TDPK, it is possible that he has been intimidated by some of the truthful reports of his activities published here.

fraud, …

It would be interesting to see TDPK explain how anything published here defrauded him.

the filing of groundless civil suits and criminal charges, …

TDPK’s identical claims in the state suit were thrown out before trial. Still more collateral estoppel.

cyber bullying …

He haz sad. Bloggers wrote truthful things about him.

and acting unlawfully, …

I think this is where the mopery with intent to lurk comes in.

in order to cause damage to Plaintiff in his lawful businesses, both as an employee of Justice Trough Music …

If JTMP has a beef against me, it should hire a lawyer and sue me. TDPK doesn’t have standing to sue on its behalf.

and as a musician.

He keeps using that word. I do not think it means what he thinks it means.
res_judicata_tshirtIf TDPK’s vexatious suit does survives the motions to dismiss, imagine what it will be like when my fellow defendants and I conduct discovery and depose TDPK on such matters.

Stay tuned.

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Nothing proceeded as TDPK hallucinated.