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.

Team Kimberlin Post of the Day


Five years ago, The Saga of Team Kimberlin had taken a decisive turn away from The Dread Deadbeat Pro-Se Kimberlin’s version of the narrative after his loss in the Kimberlin v. Walker, et al. trial. That was the first of many LOLsuit he would lose over the next couple of years. The TKPOTD from five years ago today dealt with TDPK’s futile attempt to get a preliminary injunction against several of my codefendants and me in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin is so disturbed and so desperately injured by the terrible things that Aaron Walker, Stacy McCain, Ali Akbar, Lynn Thomas, and I are publishing about him that he has gone on vacation to Hawaii when his motion for a preliminary injunction against us in the Kimberlin v. The Universe, et al. RICO Madness is due to Judge Hazel on the 28th.

The judge has imposed some specific limits on what TDPK can file.

First, Plaintiff’s motion must be limited to the specific defendants identified in his request i.e., defendants Walker, Hoge, McCain, Thomas, and Akbar. …

 

Second, Plaintiff’s motion must be limited to specific conduct that has occurred since the filing of his SAC on June 24, 2014 and must describe with sufficient detail the exact harm caused by each specific defendant and the irreparable harm sought to be prevented by way of immediate injunctive relief.

 

Third, Plaintiff’s motion and accompanying memorandum may not exceed fifteen (15) pages, double spaced. See ECF No. 97 at 3. Plaintiff must file his motion by August 28, 2014. …

 

Fourth, Plaintiff’s motion must strictly comply with the requirements of Fed. R. Civ. P. 11, including the requirements for signatures and other identifying information contained in Rule 11(a), as well as the requirements of 11(b). Failure to comply with Rule 11(b) could result in sanctions issued by the Court sua sponte. See Fed. R. Civ. P. 11(c)(3).

Perhaps, TDPK has figured out that he can’t come up with anything that can be filed within those limitations. We’ll see. Meanwhile, Judge Hazel noted when TDPK asked for more time to file his motion that

[a] preliminary injunction is either needed or it is not. If a preliminary injunction is needed, as Plaintiff contends …, it ought to be pursued with the degree of diligence and urgency for which it was intended to serve i.e. the prevention of irreparable harm. Because Plaintiff’s proposed “wait-and-see” approach is antithetical to that purpose, the Court DENIES Plaintiff’s Request. Plaintiff must file his Motion for Preliminary Injunction no later than August 28, 2014 and in strict accordance with the requirements set forth in the Court’s July 28, 2014 Letter Order, or notify the Court that he is withdrawing his request for leave to file the motion.

Stay tuned.

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I suppose that Kimberlin would have found a way to file his motion for a preliminary injunction if he had wanted it badly enough. I didn’t think he would file, and everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


This TKPOTD first ran five years ago today.

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I have been aware of the transaction receipt shown below since 1 February, 2014.
BK EDVA ECF 1-2The receipt will likely be entered into evidence in a coming court proceeding. Because I may be called as a witness, I have been asked by the counsel for one of the parties not to discuss publicly the facts I am aware of relating to the receipt until after that court proceeding.

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Here’s the entire court filing containing that receipt.

The receipt appears to show that The Dread Deadbeat Pro-Se Kimberlin used funds from Justice Through Music Project to pay for an expense related solely to his personal lawsuit.

Team Kimberlin Post of the Day


Team Kimberlin’s false narratives often are attempts to project their motives and actions on to their perceived enemies. The TKPOTD for five years ago deals with one example.

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This is one of the key allegations that The Dread Pro-Se Kimberlin makes in his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-145That’s not true.

In fact, Ali Akbar did file the appropriate paperwork with the IRS concerning National Bloggers Club and it’s 501(c)(3) status, and he has received the confirmation letter from the IRS. National Bloggers Club is a recognized 501(c)(3) entity.

TDPK’s crude attempt to smear Ali has run aground on the truth.

#Pwned

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One significant difference between Brett Kimberlin and those of us who have been truthfully reporting about his activities is that he always makes his allegations in protected fora such as court filings. We, OTHOH, publish in the clear where we can be held accountable.

Oh, and speaking of projection and 501(c)(3) status, the Protect Our Elections website operated by Kimberlin’s Protect Our Elections/EMPR Inc. not-for-profit still falsely claims that the entity has 501(c)(3) status and that donations to it are tax deductible. The IRS lists the organization as having 501(c)(4) status. IANAL, but it appears that donations to POE/EMPR should only be deductible as business expenses rather than charitable donations.

The Gentle Reader may make up his own mind as to whether POE/EMPR’s claims constitute fraud.

Team Kimberlin Post of the Day


I believe I’ve mentioned in the past that Brett Kimberlin is a liar. In fact, as a check my notes, I see that I brought that up in the TKPOTD for five years ago today.

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Here’s a real gem from a pleading The Dread Pro-Se Kimberlin filed in the Kimberlin v. The Universe, et al. RICO Madness called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings.”ECF 49-1Well, duh! Given that one of the recurring features of this blog is called Team Kimberlin Post of the Day, nay a day does go by that I don’t write something about the malfeasance of Brett Kimberlin or one of his associates. The problem with TDPK’s allegation is that I accuse him of things that he as actually done.

For example, he’s a perjurer. He was convicted of that crime when he was a teenager, and his recent lies are well documented. He testified during the damages hearing in his lawsuit against Seth Allen that he had never had his parole revoked. He’s a forger. He’s admitted to forging the summons sent to Twitchy in the RICO Madness. He’s admitted to altering at least one Certified Mail green card related to service of process in the state Kimberlin v. Walker, et al. nuisance suit. There’s documentary evidence that he’s altered several more.

He’s a liar. And not a very good or very smart one.

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The mockery continues.