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.