Team Kimberlin Post of the Day


The Team Kimberlin lawfare is slowly grinding to a halt. Yesterday, I posted the news of The Dread Deadbeat Pro-Se Kimberlin’s voluntary dismissal of his appeal of the RICO 2 Retread LOLsuit. While pro se litigation can be done on the cheap in a trial court. Appeals are expensive, especially in state courts that require submission of 15 bound copies of each brief and 10 bound copies of record extracts. That can add up to thousands of pages. Perhaps TDPK is finally getting the message that his return on his costly investment in his lawfare has been negative. The TKPOTD from four years ago today dealt with the question of how long it would take Kimberlin for figure out how badly he was screwing up.

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RICOMadnessThe Dread Pro-Se Kimberlin is no stranger to filing—and losing—RICO lawsuits. While he was still in prison, he ran a business selling porn to other jailbirds. When he lost his original connection for the porn, he turned to a new source, but was unsatisfied with what was provided. On page 213 of Mark Singer’s Citizen K we find:

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). … He asked for compensatory and punitive damages totaling $150,000. After “a [redacted] 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.

One wonders when he will come to the same realization in his current Rico Madness.

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Kimberlin still has two cases that aren’t dead, Yet. One his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit in the Fourth Circuit Court of Appeals. It’s the remains of the RICO Madness case. The other is Kimberlin v. Breitbart Holdings, et al. which he filed in federal court at the end of October, 2016. Judge Hazel has issued a show cause order to Kimberlin requiring him to explain why the Breitbart case should not be dismissed because the complaint Kimberlin filed violates a protective order issued in the Frey suit.

Here’s TDPK’s response.

OK. Time to order more popcorn.

Team Kimberlin Post of the Day


While we wait for further news from the various pending Team-Kimberlin-related court cases, here’s another recycled post. It’s from two years ago today and is the follow up post to the TKPOTD recycled yesterday. Both deal with The Dread Deadbeat Pro-Se Kimberlin’s whining about being unable to get away with publishing sealed discovery in the Kimberlin v. Frey RICO Remnant LOLsuit.

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As can be seen from his letter to Judge Hazel that I posted yesterday, The Dread Pro-Se Kimberlin wants to be able to share information he receives from Patterico during discovery in the Kimberlin v. Frey RICO Remnant LOLsuit with “the media.” Back when the Cabin Boy™ was editor of Breitbart Unmasked Liberal Grouch Unread, that site published sealed discovery documents from another case involving TDPK.BU20121130WalkerThat post has been taken down, but as you can see by the ability to call up its headline here on Hogewash!, the html code and resources for that post are fully backed up offline.

A large number of posts, some interesting, some not, (and essentially every post written by the Cabin Boy™) have been memory-holed by Bunny Boy. For example, …BU20130301WalkerThis was a post that included photos of Aaron Walker and his wife that TDPK took while he was stalking Mrs. Walker in the parking lot of the Howard County District Courthouse.

popcorn4bkIt’s interesting that many of the missing posts have something to do with TPDK’s breaching the seal on court documents or with one or more of his stalking or lawfare targets.

Hmmmmmm.

 

 

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Of course, Bunny Boy Matt Osborne is no longer editor of Breitbart Unmasked Bunny Billy Boy Unread. The Cabin Boy™ is back, and the site’s readership numbers are becoming more … selective.

Failing failures gotta fail.

UPDATE—This post appears to have generated a Feldtdown in which the Cabin Boy™ has whined about several of his usual themes that have to do with features on this blog that generate more traffic than his stunted attempts at having a web presence. He’s also gone off on the subject of where I might be buried.No, it won’t be socialism.

The Hoge family has its own cemetery, and I have a spot reserved next to Mrs. Hoge. The cemetery is on land donated by one of my ancestors, and I am now one of its trustees.

For centuries, our family has had a tradition of giving land or other resources for churches and other community purposes. Earlier this year, I wrote about a family reunion at the church near Jasper, Tennessee, built on land donated by my great-great-great grandparents, and I’ve also written about the church near Winchester, Virginia, built on land donated by my great-great-great-great-great-great-great grandparents. They are buried there.There’s no indication that I’ll keel over at the keyboard (or any place else) soon, but when I do, I’ll join ancestors who gave me things to live up to.

Team Kimberlin Post of the Day


Now that all the briefs are filed in the appeal of the Kimberlin v. Frey RICO Remnant LOLsuit and we’re waiting for the Fourth Circuit Court of Appeals to rule, I’ll be recycling posts related to that appeal and the other pending Team-Kimberlin-related cases. A big part of The Dread Deadbeat Pro-Se Kimberlin’s appeal is his whining about not being able to publish confidential discovery material on websites such as Breitbart Unmasked Bunny Billy Boy Unread. This post from two years ago today deals with that same theme.

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The Dread Pro-Se Kimberlin has sent what appears to be an ex parte letter to Judge Hazel whining about the discovery protective order issued in the Kimberlin v. Frey RICO Remnant LOLsuit.

popcorn4bkThe assertions in the letter are nonsensical. All the protective order prohibits is giving any discovery information marked “Confidential” to a third-party not directly involved in the LOLsuit. That means that TDPK is forbidden from leaking confidential information to “the press,” i.e., Bunny Boy Unread. In order for “the press” to challenge the order, 57F Osborne will have to hire a lawyer.

Heh.

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TDPK could have hired a lawyer to file a motion on behalf of Breitbart Unmasked Bunny Billy Boy Unread to unseal the Frey discovery, but I suppose that spending that $9k on other “documents” has crimped his budge. Or maybe having to identify the actual entity behind that website as the party filing such a motion …

Team Kimberlin Post of the Day


All the briefs are in for the Dread Deadbeat Pro-Se Kimberlin’s appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, so now we’re waiting for the Fourth Circuit Court of Appeals to rule. While we wait, here’s a look at the TKPOTD from 8 November, 2014—

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

 

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Everything is proceeding as I have foreseen.

I’m Not Making This Up, You Know


The Dread Deadbeat Pro-Se Kimberlin has filed his informal reply brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, and it actually includes a bit of whining about an alleged ad hominem attack in the Frey response brief, i.e., truthful statements by Frey’s counsel Ron Coleman that relate to the facts of the LOLsuit.

TDPK also seems upset that Frey’s brief didn’t bother to address the case law cited in Kimberlin’s opening brief. I suspect that Ron Coleman didn’t bother because Kimberlin’s arguments are so patently wrong.

Stay tuned.

Team Kimberlin Post of the Day


We’re still waiting for news from the The Dread Deadbeat Pro-Se Kimberlin’s appeal of the RICO Remnant LOLsuit and the other pending Team-Kimberlin-related cases, so here’s another blast from the past. This was posted four years ago today as Acme Law Fights Back

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Apparently, Acme Legal is trying to find a way to combat the dreaded res judicata.Acme-Disintegrating-Pistol

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The Cabin Boy’s™ LOLsuit VIII is the only Team Kimberlin LOLsuit that hasn’t gone down in flames. Yet. When it does, I’ll bet that res judicata will be one of the reasons it is dismissed for failure to state a claim—unless it’s dismissed for the more basic reason of the court’s lack of personal jurisdiction over the defendants.

Stay tuned.

Team Kimberlin Post of the Day


Here’s another round of pointage, laughery, and mockification for The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

<plm>TDPK makes the silly assertion that he has a First Amendment right to file his motion for summary judgment and the accompanying exhibits in the District Court publicly even though it contained sealed material. He writes—

Appellant had a right under the First Amendment to file his Motion for Summary Judgment publicly. However, the lower court ordered the parties to file them [sic] under seal and maintained that seal even after its decision was rendered. This constituted a grave constitutional error that prejudiced Appellant by having his case litigated in secret, away from scrutiny by the press and the public.

Also—

The First Amendment provides an affirmative right of public access to virtually all judicial proceedings involved in civil proceedings.

(And also proceedings proceeding in the Department of Redundancy Department.)

The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Local Rules of the Court of Appeals for the Fourth Circuit all provide for the use of sealed materials in a civil court proceeding. In fact, some things, such as the full names of minor children must be sealed. Patrick Frey’s lawyers were able to convince Judge Hazel to issue a protective order sealing discovery in the case, and TDPK is bound by that sealing order.

The First Amendment right of access to the court records resides with the public, you folks who are not parties or otherwise connected to the case. (I’m covered by the protective order because Kimberlin tried to get me sanctioned during discover for failing to give him documents I did not have. Because I was served with sealed documents that I did not provide as part of TDPK’s motion against me, I am now covered by the protective order.)

If Breitbart Unmasked wants access to the sealed portion of the record, that “news” organization can hire a lawyer and file a motion to unseal. If an enterprising “journalist” like Matt Osborne wants a peek, he can file a motion; as an individual, he file pro se and avoid the cost of a lawyer (but he will have to publicly provide the court with his contact information).

And that brings us to one of Brett Kimberlin’s principal problems with this case and his other lawfare: essentially no one, not even the leftwing moonbat media, believes him. The only members of the “press” or the “public” who would want to violate the privacy of Patrick Frey and third parties mentioned in the sealed discovery are members of Team Kimberlin, and they’re either too poor to afford a lawyer, too incompetent to file a proper pro se motion, or too afraid to let their whereabouts be known.</plm>

Failing failures gotta fail.