A Busy Day for Lawfare


First, the Circuit Court for Montgomery County has denied The Dread Pro-Se Kimberlin’s motion for alternate service on a whole bunch of defendants in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.DKT42-403868CSecond, Judge Hazel is moving things along in the Kimberlin v. Frey RICO Remnant LOLsuit.

IANAL, but from my point of view, Judge Hazel’s order is a mixed bag. Although he has warned some of us that he is unlikely to grant a Rule 11 motion against TDPK, he has left the door open for a properly drafted, persuasive motion. Also, he has left the door open for Intermarkets to file a narrowly tailored protective order relating to TDPK’s subpoena for information concerning Ace of Spades.

UPDATE—There were some other interesting events today, but I won’t be able to discuss them publicly until I have verified certain information.

Stay tuned.

UPDATE 2—Ace-a-lanche! Welcome Ace of Spades HQ readers! Thanks for stopping by. Please click on the Home page link in the menu bar and scroll around a bit.

The Perils of Pro-Se


The Dread Pro-Se Kimberlin is whining about how long it takes to get paperwork processed in the Kimberlin v. Frey RICO Remnant LOLsuit.

Yes, as we’ve seen today, TDPK has trouble managing his legal schedule.

UPDATE—I guess this explains why I haven’t seen that subpoena he submitted yet.

UPDATE 2—I’m not making this up, you know

I’m Not Making This Up, You Know


The Dread Pro-Se Kimberlin has sent this to the judge in the Kimberlin v. Frey remnant of the Kimberlin v. The Universe, et al. RICO Madness.

Bwahahahahahahahahaha!

UPDATE—There are an amazing number of errors in this filing, but I’ll point out just two for now.

First, TDPK says he wants to add the Los Angeles DA’s Office and the FBI as defendants. Does he mean the City of LA or the County of LA? However, that question is moot, because, second, the court has ordered that TDPK may not make any further amendments to his LOLsuit.

Team Kimberlin Post of the Day


One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounded like a good idea, so unless something big happens over the next few days, we’ll be looking at The Dread Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s biggest goofs to date.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife
8. Kimberlin Seeks a Peace Order Against John Norton
7. Schmalfeldt Seeks a Peace Order Against Patrick Grady
6. Kimberlin Files Kimberlin v. The Universe, et al. RICO Madness
5. Kimberlin Files Kimberlin v. Walker
4. Schmalfeldt Sues Me in State Court

3. Kimberlin Uses JTMP Funds to Pay a Fee in Kimberlin v. The Universe, et al.  BK EDVA ECF 1-2The Dread Pro-Se Kimberlin filed for a subpoena in the Eastern District of Virginia seeking to force an Internet marketing company to give up information related to Ace of Spades. That motion was denied. According to this receipt, he paid the filing fee with a Justice Through Music Project check.

More will come of this later.

Team Kimberlin Post of the Day


One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounds like a good idea, so unless something big happens over the next few days, we’ll be looking at The Dread Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s biggest goofs to date.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife
8. Kimberlin Seeks a Peace Order Against John Norton
7. Schmalfeldt Seeks a Peace Order Against Patrick Grady

6. Kimberlin Files Kimberlin v. The Universe, et al. RICO Madness On 15 October, 2013, the Dread Pro-Se Kimberlin filed a federal racketeering lawsuit against over 20 defendants. He personally handed me a copy of the complaint on 16 October. That did not constitute service of process because parties cannot serve each other. Service must be through a third-part or mail. The complaint was screwed up, so TDPK filed his first amended complaint on the 17th. When he finally got around to serving the defendants, he timed it such that his responses to our motions to dismiss would be due from roughly Christmas Eve to just after New Year’s. Upon discovering that problem, he whined to the court for an extension of time.

However, his biggest screw up with service was his forging of a summons for a party he neglected to name in the first amended complaint. That and his other shenanigans related to serving court papers on defendants came back to bite him in this and other cases. Indeed, motions for sanctions are still pending in this case.

This March, all of this case except for one claim against Patrick Frey was dismissed.

In Re Former RICO Madness


The RICO count Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness LOLsuit was dismissed with respect to all defendants. What’s left of that suit is now styled Kimberlin v. Frey, and that remnant of the suit has now proceeded to discovery.

TDPK is sending subpoenas around, and one of them seeks information concerning the identity of non-party Ace of Spades. The recipient of that subpoena has moved to quash it.

Team Kimberlin Post of the Day


The lawyers for Glenn Beck and his companies have filed an informal reply brief in The Dread Pro-Se Kimberlin’s appeal of the Kimberlin v. The Universe, et al. RICO Madness.

My favorite line from the brief is:

Appellees join in, and incorporate by reference, the other jurisdictional arguments set forth in the Informal Response Briefs of appellees Aaron Walker and William Hoge.

Heh.

UPDATE—Breitbart, RedState, and Erick Erickson also filed informal reply briefs on Monday. You can read them here.

Team Kimberlin Post of the Day


This bit from my Informal Response Brief file in the Fourth Circuit appeal of the Kimberlin v. The Universe, et al. RICO Madness is worth repeating for emphasis.

It is telling that Appellant states he would have been able to allege his case with proper specificity if he had been allowed to conduct discovery.  See Appellant’s Lead Brief at 6, 8.  This amounts to an admission that he truly was engaged in a fishing expedition in violation of Fed. R. Civ. P. 11, sanctionable conduct providing yet another reason for the lawsuit to have been dismissed.

Stay tuned.

Is #BrettKimberlin Appealing?


The Fourth Circuit Court of Appeals doesn’t seem to think so.

UPDATE—It turns out that The Dread Pro-Se Kimberlin’s brief arrived at the court in today’s mail.

It’s a marvelously defective document, but I’ll save my comments for my informal response brief.

Stay tuned.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin mailed his informal brief in his appeal of the RICO Madness LOLsuit to the Fourth Circuit Court of Appeals on the last day allowed for it to arrive in Richmond. The Court will probably accept his brief anyway.

Aaron Walker has a copy posted over at Allergic to Bull.

popcorn4bkI got a hold of a copy this afternoon and have managed to stop laughing long enough to write a first draft of my informal reply. I’ll review and edit it for a few days before filing it. Meanwhile, I don’t have any further comment on TDPK’s filing until after the Court decides whether or not to let the appeal go forward.

Stay tuned.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin’s appeal in the Kimberlin v. The Universe, et al. RICO Madness lolsuit proves one thing: that Brett Kimberlin is an untrustworthy liar. He settled that suit with five of the parties—The American Spectator, The Franklin Center, James O’Keefe, Simon & Schuster, and Lynn Thomas. Now, in spite of agreeing that the matter was settled with those parties, he is including them among the defendants in his appeal.

These folks thought they had come to a final agreement with Kimberlin. Legally, they did, but nothing is final for Kimberlin until he gets his way.

Given this example, it certainly seems that anyone who trusts Brett Kimberlin is a fool.

Is #BrettKimberlin Appealing?


He seems to think so, but it doesn’t look like he really knows who he’s appealing against.

The Dread Pro-Se Kimberlin has already settled the Kimberlin v. The Universe, et al. RICO Madness lolsuit with The American Spectator, The Franklin Center, James O’Keefe, Simon & Schuster, and Lynn Thomas. Their settlements shouldn’t be subject to appeal.

Also, what is the Cabin Boy™ doing among the defendants? And how would he be a party-in-interest?

UPDATE—This is from the Federal Rules of Appellate Procedure.

Rule 38. Frivolous Appeal — Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.

Tick, Tock


The Dread Pro-Se Kimberlin seems to have a rotten sense of timing. He filed his Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo lawsuit the day before the Kimberlin v. The Universe, et al. RICO Madness was dismissed except for one claim against one defendant. He filed an appeal of the dismissal of the federal claim in the RICO Madness case, but as Aaron Walker explains here, TDPK’s appeal isn’t timely.

popcorn4bkOTOH, he may have missed an important deadline. He had 30 days from the dismissal of the state law claims in the RICO Madness to refile them with a state court. Granting him the extra 3 days for notification by mail and the extension to the next working day for the court, that filing was due today. The Circuit Court in Montgomery County closed at 4:30 this afternoon. It is now 4:50 pm as I type this, and nothing has appeared in the Maryland Judiciary Case Search database related to TDPK filing a new state case. Of course, it could be that Kimberlin filed something at the last minute, and that may not appear on the Internet until tomorrow. But for now it appears that he’s missed the deadline. If that’s the case, then all those claims are kaput.

Team Kimberlin Post of the Day


popcorn4bkThe Dread Pro-Se Kimberlin has filed a notice of appeal of the dismissal of the RICO and Ku Klux Klan Act claims in his Kimberlin v. The Universe, et al. RICO Madness. Timing is important, but I don’t think that I’ll tell TDPK what’s so important about timing in this case—at least, not just yet.

Tick, tock.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin has told Judge Hazel that he (the judge) found that Kimberlin’s state law claims were viable. He included this line describing his version of the court’s finding in his most recent letter to the court.ECF 274-p1IANAL, so I’m not sure of the correct legal term is for such a statement, but in engineering it would be referred to as bullshit. The court made no such finding. Here’s what Judge Hazel wrote.ECF 263-p34res_judicata_mugsJudge Hazel’s saying that the state law claims were outside of his jurisdiction and that he intended for the federal court to mind its own business is not the same thing as saying those claims are valid. Indeed, he expressed no opinion on the state law claims other than to note that they might be barred by “res judicata and/or collateral estoppel.” Meanwhile, Maryland Rule 2-101(b) allows a 30-day window to file the claims in a state court after the dismissal by a federal court for lack of jurisdiction. Time is up at close of business on Thursday. If TDPK does file something before the window closes, I look forward to using that suit as further evidence of his vexatiousness. Tick, tock.