Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has a history of playing games with service of court papers and then seeking default judgments against his law fare victims. The incident chronicled in this post titled 29 ≠ 20 from five years ago today is an example.

* * * * *

Yesterday, a picture appeared on the Interwebz of what is purported to be the envelope returned to The Dread Pirate Kimberlin of his attempt to serve some court papers on me. Here is the image as it was posted on Twitter. I have not bothered to redact it, but have left it as published by TDPK.BfLYKWsCMAANv2jIt appears to be addressed to 29 Ridge Road. I live at 20 Ridge Road. No wonder the Post Office found it to be “Undeliverable as Addressed.” No wonder the clerks at the Westminster Post Office couldn’t find mail being held for 20 Ridge Road.Tracking

* * * * *

Math is hard.

Team Kimberlin Post of the Day


It hasn’t mattered how often I pointed out errors in The Dread Deadbeat Kimberlin’s court filings, he’s never seemed to learn how to properly structure a legal claim. The TKPOTD from four years ago today pointed out an example of his recurring failure to get the facts and the law straight.

* * * * *

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.

 

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.

#SMH

* * * * *

Of course, Kimberlin wound up losing the RICO Madness LOLsuit in three parts. First, all but one the federal law counts were dismissed for failure to state a claim upon which relief could be granted. That remaining count survived against one defendant, and the residual federal case became the Kimberlin v. Frey RICO Remnant LOLsuit. Next, the state law claims were filed in state court and became the RICO Retread LOLsuit. In the course of losing all of that suit, TDPK wound up be found to be defamation proof. That means the court found that his reputation was so bad that nothing could be done to lower it. Finally, the federal court granted summary judgment in Patrick Frey’s favor in the RICO Remnant case.

All of Kimberlin’s appeals failed as well.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


All of the LOLsuits and other legal actions that Brett Kimberlin has filed since the beginning of 2012 have either been dismissed or won outright by defendants. The TKPOTD from four years ago pointed out one of the many instances in that LOLsuit where Kimberlin failed actually allege that he had been damaged by anyone’s tortious act.

* * * * *

This another one of the improperly pleaded allegations that The Dread Pro-Se Kimberlin has been throwing around in his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-22

In order to be well-pleaded an allegation needs to specify the who, what, when, where, and how of the act in question. In order to recover for damages, the damages must be specified. Simply alleging John Doe hit me isn’t well-pleaded. That’s only who and what. A proper allegation would be something like this: John Doe hit me in the ribs with a baseball bat in City Park at around 10:15 am last Fourth of July; he broke two of my ribs, causing severe pain; and as a result of that injury, I sustained medical expenses of $2,369.14 and lost $752.00 in wages because I was unable to work.

Oh, and when you get to court, you better have witnesses and/or evidence to back up your story.

Just saying that I falsely called TDPK a “swatter” doesn’t cut it. He needs to say when, where, and how I did it. Of course, he can’t because I have never called him a “swatter.” I have noted that people have been SWATted after run-ins with Brett Kimberlin, but I also have noted that there is no proof of whodunit. Correlation doesn’t prove causation, but I can understand why some folks are suspicious.

It is true that I do try to raise money via this blog. The Gullible Victim Gentle Reader will find the Tip Jar here.

* * * * *

Fairly early on in The Dread Deadbeat Pro-Se Kimberlin’s lawfare campaign, several people expressed their concerns that continually pointing out his errors would “educate the midget,” but those concerns we not well founded. A review of TDPK’s further filings show that he has never learned how to properly alleged a tort claim.

Failing failures gotta fail.

Team Kimberlin Post of the Day


Lying liars gotta lie, and that explains the bulk of the nonsense that The Dread Deadbeat Pro-Se Kimberlin has put out in support of his lawfare. The TDPOTD from four years ago today cataloged this set of lies.

* * * * *

Here’s an interesting claim from one of Exhibit 7 of The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness. ECF 231 EX7-9The SAC (that’s the second amended complaint) alleges that the mythical RICO enterprise began picking on Brett in August, 2010, although it doesn’t mention any specific acts occurring until October. So what sort of “social causes” was The Dread Performer Kimberlin “highlighting” before August, 2010? Well, in March of that year he was promoting teenage love with werewolves.Op-Crit Tweets

As for TDPK’s claim that he was unable to produce songs and videos after August, 2010, Freakin Frackin was posted to YouTube on 12 January, 2011; Occupy Music Video: Anonymous was posted to YouTube on 17 June, 2011; Coal Miner’s Family was posted to YoutTube on 5 December, 2012; and that’s not a complete list of TDPK’s work published online since 2010.

The most amazing things about Brett’s lying is how clumsy he is with it. You’d think that after all those years of practice, … oh, never mind.

* * * * *

The Twilight Angel video is still up on YouTube. I don’t recommend listening to it unless you have a large quantity of industrial-strength weapons-grade ear bleach available.

The Gentle Reader who is familiar with The Dread Deadbeat Performer Kimberlin’s background may draw his own conclusions about why Op-Critical might put out a music video related to a movie targeted at underage girls.

Team Kimberlin Post of the Day


One of the consistent themes put forward by Team Kimberlin is that they are the victims of false narratives and that their defeats in court have been the result of unfair treatment by judges or cheating by the opposing parties. The Legal LULZ Du Jour from three years ago dealt with one example of such a silly claim. Note: The “Lynn” referred to in the first tweet is a woman who wound up getting a restraining order against Bill Schmalfeldt.

* * * * *

Thus tweeteth the Cabin Boy™—dbr201512111512Zdbr201512111514ZLet’s see … the last time the Cabin Boy™ sued me … oh, yeah, that was the LOLsuit in the Circuit Court for Howard County. Now, how did that go?

Yeah, I remember now. Judge Kramer dismissed the suit against the out-of-state defendants because The Dreadful Pro-Se Schmalfeldt had failed to serve them, and she dismissed the case against me because I was being sued in the wrong county. Now, I’m pretty sure that I told the judge that I lived in Carroll County and didn’t work in Howard County, and I didn’t lie about that.

Hmmmm.dbr201512111516ZIt must be some technicality under Acme Law that makes living outside of Howard County a form of cheating. Still, I don’t remember any sense of humiliation as a result of winning.

Perhaps I’m not the one with a progressive brain disorder.

UPDATE—dbr201515111732Z

*yawn*

* * * * *

The Truth is not Team Kimberlin’s friend.

Oh, and the Cabin Boy™ sued me once more. I was a defendant in LOLsuit VIII: Avoiding Contact. That case was dismissed against me because of the court’s lack of personal jurisdiction, i.e., Schmalfeldt sued me in the wrong court. Again.

Come to think of it, the state law claims that The Dread Deadbeat Pro-Se Kimberlin tried to bring against me in the RICO Madness and RICO 2: Electric Boogaloo LOLsuits were also dismissed because the U. S. District Court lacked jurisdiction. The RICO Retread LOLsuit could have been dismissed in state court for improper venue, but the judge dismissed it for failure to state a claim in order for the dismissal to be with prejudice.

Incompetent cases filed in the wrong courts. It’s almost as if there’s a pattern here.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin conducted his lawfare campaign aimed at silencing his critics in an unorthodox manner. That led to questions being asked whether there was method to his madness or whether he was simply incompetent. The TKPOTD from four years ago today (which was a Wednesday) dealt with those questions in the context of his RICO Madness LOLsuit.

* * * * *

Today, Thursday, Friday, Saturday, Sunday, Monday, and then time’s up. The Dread Pro-Se Kimberlin will need to have his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness to the court by close of business next Monday. With that kind of time pressure, one wonders why he has wasted time on side issues such as the letter he sent to Judge Hazel concerning early discovery related to Ace’s ID.

I’ve heard several theories advanced.

The first is based on the idea that TDPK believes that the case is doomed and that the judge is going to grant the motions to dismiss. He’s trying for early discovery related to Ace’s identity because he thinks it’s his only shot.

A second theory is somewhat similar, except that it is based on the suspicion that TDPK is purposely blowing the case in order avoid being subjected to discovery by the defendants and that he’s trying to get the info on Ace before the case is thrown out.

timer-blackI’m not sure that I buy either. From what I’ve seen, Brett Kimberlin is a fairly disorganized doofus. The simplest explanation is that he simply hasn’t spent his time wisely.

Meanwhile, the timer is ticking down.

Stay tuned.

* * * * *

Upon reflection, I come down on the side of TDPK being incompetent. Hanlon’s Razor states that one should never attribute malice to that which can be adequately explained by incompetence, but in Kimberlin’s case I believe we see an example of malicious incompetence. His life seems to be an example of the Dunning-Kruger Effect on steroids. Grandiosity and delusions of adequacy appear to be root causes of all his failures, whether as a dope smuggler, a serial bomber, a pro-se litigant, or a political operative.

Losing losers gotta lose.

Team Kimberlin Post of the Day


One of The Dread Deadbeat Pro-Se Kimberlin’s problems might be delusions of significance. He seems to want to be important, to be a player, but he’s really any big deal. Oh, he manages to stir up trouble, but clumsily. When society acts to put him back in his place, he bristles. When people write truthfully about his ludicrous attempt to be somebody, he has sued for defamation. The TKPOTD from four years ago today deals with one of the patently ridiculous claims from his RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin seems to project his own behavior onto others.ECF 135-124That’s from his second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness. It doesn’t pass the giggle test, especially with respect to Glenn Beck, Michelle Malkin, The Franklin Center, or RedState. No one in his right mind would believe that their coverage of Brett Kimberlin has had any significant effect on their Internet presence.

Yes, my coverage of TDPK has probably generated a significant percentage of the interest in Hogewash!, but I’ve published a mix of documented facts and satire. What few errors I’ve published have been corrected when they were verified. That doesn’t qualify as creating false narratives.

OTOH, many of the fundraising websites with DONATE buttons that benefit Justice Through Music Project … well, let’s just say they are very selective in what truth they might contain. False narratives? That’s not for me to say, but they don’t strike me as trustworthy.

timer-blackMeanwhile, the timer is ticking down. TDPK’s omnibus opposition to all the motions to dismiss his RICO Madness are due at close of business two weeks from today. Perhaps he will find some creative way to explain to the court why his paragraph 124 supports a claim upon which relief can be granted. He might even surprise us with a truthful narrative to support him claims.

Don’t hold your breath.

* * * * *

As the Gentle Reader who has followed The Saga of Team Kimberlin for a while knows, TDPK was unable to make good on the allegation in paragraph 124, and all the counts in the RICO Madness LOLsuit relating to it were dismissed, the federal claims with prejudice and the state claims with leave to file in state court. His case failed in state court as well.

Losing losers gotta lose.