Team Kimberlin Post of the Day

Day before yesterday, I published a copy of the Fourth Circuit Court of Appeal’s order denying The Dread Pro-Se Kimberlin’s motion to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit so that he could use it in public documents filed in his appeal of that case. TDPK had originally asked the District Court to unseal that discovery, and Patrick Frey’s lawyers opposed that motion.

Paragraphs 5 and 6 get to the heart of the matter. Kimberlin wants to use information that was sealed in the Frey case to try to smear his perceived enemies. He tried to do so in the recent Hoge v. Kimberlin, et al. trial but chickened out when Judge Hecker explained that if  he offered sealed discovery from the Frey case, he could be subject to sanction by the federal court. (BTW, the email he wanted to introduce actually would have helped my case, but I couldn’t use it either because I’m also bound by the protective order sealing the Frey discovery.)

Everything is proceeding as I have foreseen.

Well, That Was Quick

The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s motion to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal. The court has also told him to file his appeal in accordance with the Rules and has given him until 5 October to comply. That’s somewhat less time than the 30 day extension he asked for.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

After receiving an order from the Court of Appeals for the Fourth Circuit explaining how to file sealed documents relating to his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, The Dread Pro-Se Kimberlin has filed these turkeys—

The Court of Appeals gave him 21 days to file his informal brief, and his time is up on the 14th. Now, he’s asking for an extension to 30 days after they grant his motion to unseal.

<sarc>Yeah, that’ll work.</sarc>

The informal briefing order stressed that if TPDK did not file his brief on time that his appeal was subject to dismissal for lack of prosecution.

Tick, tock.


The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.

Everything proceeded as I foresaw.

UPDATE—I’d like to offer my thanks to Patrick Ostronic, my pro bono counsel, for his help in this case.

Team Kimberlin Post of the Day

Almost two weeks ago, The Dread Pro-Se Kimberlin filed a notice of appeal in the Kimberlin v. Frey RICO Remnant LOLsuit. That suit is referred to as the RICO Remnant case because it is the sole count from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit which survived motions to dismiss. As one of the original defendants in the RICO Madness LOLsuit, I was concerned that I might be included as an appellee, so last Wednesday, Kimberlin was served with a letter warning him not to frivolously include me in his appeal. The Fourth Circuit Court of Appeals now has the case docketed, and it appears from PACER that I am not an appellee.


The Court of Appeals has also issued the Briefing Order for the case.

TDPK has filed a motion to unseal portions of the sealed record for use in his appeal. The Briefing Order contains explicit instructions on how to file the sealed portion of the District Court record in his appeal. Given that there is no factual or legal basis for Kimberlin’s motion to unseal, I expect that Judge Hazel will not even bother to deny it.

TDPK’s opening brief is due on 14 September.

Stay tuned.

Team Kimberlin Post of the Day

One of the complaints that The Dread Pro-Se Kimberlin has against me is that I publish this daily feature devoted to him, his associates, and their activities. I started covering Brett Kimberlin and his associates during the week of Everybody Blog About Brett Kimberlin Day in late May, 2012. After learning of his use of a blatantly unconstitutional gag order to silence Aaron Walker and of the actions that caused Stacy McCain to leave Maryland to protect his family’s safety, I decided to keep covering Team Kimberlin every day until Kimberlin’s campaign of ant-First-Amendment lawfare was brought to an end. I’m not the only blogger who has a continuing series of posts focusing attention on some legal issue. For example, Paul Caron (TaxProf Blog) single-handedly has kept covering the ongoing scandal related to the IRS and its unfair treatment of conservative organizations seeking 501(c)(3) status for over four years now.

As Team Kimberlin’s campaign of lawfare continues, so will this feature. Brett Kimberlin has multiple appeals of the cases he’s lost in the works. I’m an appellee in at least one of them. He also has another LOLsuit filed in the U. S. District Court. The Cabin Boy™ still has LOLsuit VIII: Avoiding Contact going. If there were no lawfare to report on and no further attempts were being made to use the courts or false criminal charges to suppress free speech, then there would no longer be a reason for this series of posts to continue. But Team Kimberlin’s lawfare continues, and so will these posts.

Stay tuned.

Team Kimberlin Post of the Day

The year is not starting well for The Dread Pro-Se Kimberlin.

On 4 January, Judge Hecker ordered him to answer several of the interrogatories that he tried to blow off in the Hoge v. Kimberlin, et al. lawsuit.

On 12 January, the Fourth Circuit Court of Appeals found that TDPK’s appeal against me in the RICO 2: Electric Boogaloo LOLsuit was frivolous and imposed a $600 dollar sanction on TDPK. On the same day, that court also denied his petition for a hearing because he was late filing his motion for rehearing.

13 January was the drop dead date for TDPK to refile his defective appeal paperwork in the RICO Retread LOLsuit with the Maryland Court of Special Appeals. He waited until the 17th to file.

The Kimberlins filed a motion for sanctions against me in the Hoge v. Kimberlin, et al. case because I informed one of their supposed witnesses, Judge Mason, that they had listed him as a potential witness. Judge Hecker denied their motion on 18 January at same time as he denied their motion for summary judgment.

19 January was the deadline for TDPK to obey the order Judge Hecker issued on the 4th (see above). It appears that he failed to comply with that order.

popcorn4bkThe month’s not over yet, and Kimberlin must be wondering what will go wrong for him next. There are multiple possibilities, and I plan to take steps to make a couple of items more likely to occur than some others.

Stay tuned.