Team Kimberlin Post of the Day


Being a defendant in a significant percentage of Team Kimberlin’s lawfare has been a pain in the neck (or a couple of feet lower), but it’s been quite satisfying to have beaten them in each of their LOLsuits, peace orders, etc. And I’ve been pleased to publish the news of others beating them as well. Indeed, one of my favorite post titles has been Qapla’, and I was able to use it a year ago today.

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Congratulations to Patterico and his legal team! Judge Hazel has granted summary judgment in Patrick Frey’s favor, ending the RICO Remnant LOLsuit.

Here’s the supporting Memorandum Opinion—

And here is the money quote from the opinion, found in footnote 20—

Because the Court holds that Kimberlin has failed to establish his prima facie case, the Court need not address Frey’s defenses of privilege, absolute immunity and qualified immunity.

Everything has proceeded as I foresaw.

Oh, one more thing … The judge’s order to close the case puts the kibosh on The Dread Pro-Se Kimberlin’s motion to have me sanctioned for failing to give him discovery documents that I didn’t have.

Heh.

UPDATE—A commenter mentioned the coverage of this LOLsuit by Breitbart Unmasked Bunny Billy Boy Unread.

Nothing proceeded as Bunny Boy imagined.

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Things are still proceeding as I have foreseen.

Team Kimberlin Post of the Day


Only one claim in one of the LOLsuits filed by Team Kimberlin in the past six years has made it past a motion to dismiss. That was the civil rights claim against Patrick Frey that survived when the original RICO Madness LOLsuit degenerated into the RICO Remnant LOLsuit. Three years ago today, Hogewash! published Patrick Frey’s answer to that LOLsuit.

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Ron Coleman, the lawyer representing Patterico in the remaining embers of The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness, has filed the following answer to TDPK’s second amended complaint.

The money quote is in paragraph 147.

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The answer to paragraph 152 is pretty good too.

Team Kimberlin Post of the Day


The TKPOTD from two years ago today was a bit of a progress report on The Dread Deadbeat Pro-Se Kimberlin’s lawfare.

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I’ve enjoyed reporting the news relating to the The Dread Pro-Se Kimberlin’s LOLsuits over the past couple of weeks. You can see it in the expression on my face in this picture Lee Stranahan took as I was typing the Qapla’ post last Thursday.

For those Gentle Readers who may have missed some of the action, here’s a brief recap—

On 29 March, Judge Hazel put the Kimberlin v. Hunton & Williams LLP, et al. lawsuit (AKA Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) out of its misery and dismissed it with prejudice. On 1 April, Kimberlin tried to file a “Notice to the Court” offering a frivolous argument against dismissing the case. On 4 April, Judge Hazel returned the “Notice” along with a form letter saying that the case was closed.

Also, April Fool’s Day was the last day for discovery in the Kimberlin v. Frey lawsuit (AKA the RICO Remnant LOLsuit because it’s the dying ember of TDPK’s first RICO case). Kimberlin has sent out a raft of defective subpoenas, and he has whined to Judge Hazel about the lack of third-party cooperation. Last Wednesday, the U. S. Chamber of Commerce filed a motion to quash a bizarre, untimely subpoena they received from Kimberlin in the Frey case. Kimberlin has an open motion for sanction against me in this case because he is unhappy with the material I voluntarily provided in response to a defective subpoena he sent me. Because the responsive items I had were innocuous, I decided to let him have them rather than have to deal with a motion to compel. Given his reaction, I doubt I will ever voluntarily give him anything again. Murum aries attigit.

On Thursday, there was a hearing on the remaining open motions to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) lawsuit (AKA as the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit). Judge Mason dismissed all four defendants whose motions were heard: Dan Backer, DB Capitol Services, Lee Stranahan, and me. Three unserved defendants remain—Ali Akbar, the National Bloggers Club, and Patrick Frey—along with Mandy Nagy, who is unable to help with her own defense because of the effects of stroke she suffered. The case will not have a final disposition until it is resolved against those defendants; it cannot be appealed until there is a final disposition.

On Friday, my co-appellees and I received word that the Maryland Court of Special Appeals had denied Kimberlin’s motion for reconsideration of their denial of his appeal in the first state case, Kimberlin v. Walker, et al. The court also assessed over $3,700 in costs against Kimberlin.

So, as of now, every one of Kimberlin’s suits against me has failed. The only open item remaining is his motion for sanctions concerning a subpoena in the Frey case. His appeal in the first state case has failed. He can file a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court), but that court is not likely to accept the case. He can’t appeal the second state case yet. If he does, he’ll have to argue that the dismissals, at least one of which was partially based that court’s findings in his previous appeal, were in error. He can’t appeal the first RICO case either until the claim against Frey is disposed of.

For now, his only real option to continue making good on his statement that I should expect to be sued for the rest of my life is to appeal the dismissal of the Team Themis case to the Fourth Circuit. As I have written before, my strategy for the case has assumed such an appeal from Day One.

Go ahead. Make my day.

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TDPK didn’t know when to quit, and wound up losing his further appeals.

It may turn out that his worst mistake was suing me. I’m not done with him yet.

Team Kimberlin Post of the Day


One of the silliest fictions that Team Kimberlin has tried to maintain is that the various LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt are unrelated. The Prevarication Du Jour from a couple of years ago today poked holes in that nonsense.

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The Cabin Boy™ wants folks to believe that he isn’t involved with the Kimberlin v. Frey(previously Kimberlin v. National Bloggers Club, et al.) LOLsuit.Cheddar201602270217ZIn fact, he’s been deeply involved since before the beginning and may now be in over his head.

I was one of the original defendants in the LOLsuit, and I found out about it around 9 am on the morning of 16 October, 2013. I was sitting in my lawyer’s conference room waiting to go to a hearing on a motion Schmalfeldt had filed in the first peace order case. I used my iPad to check his website and found that he had posted a copy of the original complaint in the Kimberlin v. National Bloggers Club, et al. suit. The Cabin Boy™ involved himself directly in the suit by sending two letters to Judge Grimm attempting to intervene in the case. The first letter has become somewhat infamous because it contains his statement that he suffers from dementia. The second letter complains about “death threats” received from an IP address of 127.0.0.1.

According to one of The Dread Pro-Se Kimberlin’s recent filings, Schmalfeldt is part of the group filing frivolous complaints against Patrick Frey—ECF 345-P1_2—and recently, he provided his excellent friend with a “Pretendy Land” “journalist” email in support of TDPK’s quest to breach the confidentiality of discovery documents covered by a protective order.ECF 327-1The Dreadful Pro-Se Schmalfeldt may not be a party to the Kimberlin v. Frey RICO Remnant LOLsuit, but he’s involved.

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The Deadbeat Pro-Se Kimberlin and the Cabin Boy™ have maintained their perfect record with the LOLsuits. Of failure.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has tried to use discovery in his various cases to dig up dirt to spread about his enemies. However, he was not successful in breaching the seal on material from the Kimberlin v. Frey RICO Remnant LOLsuit, except for some innocuous emails he tried to use in the Hoge v. Kimberlin, et al. suit. He subpoenaed me for information in the Frey case. This TKPOTD from two years ago today shows how I responded—

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I have received the following subpoena:

I have provided the following response:

The redactions of the privilege log and one email are for the benefit of third parties not connect to the LOLsuit.

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That part of TDPK’s fishing expedition was pretty much a bust. Indeed, he was so unhappy that I couldn’t provide what he wanted that he filed a motion to have me held in contempt. That motion died when the court granted summary judgment in Patrick Frey’s favor.

Everything proceeded as I had foreseen;

Team Kimberlin Post of the Day


And we’re still waiting for news in several of the Team-Kimberlin-related court cases. While reviewing material to recycle during the time we’re in this holding pattern, I been enjoying rereading some of Bill Schmalfeldt’s comically inept tweets about the dozen-plus failed LOLsuits that he and The Dread Pro-Se Kimberlin have filed.

On October 15, 2013, TDPK filed his first RICO Madness LOLsuit. The next day, the Cabin Boy™ tweeted this—@BomberSues was the Twitter account for the website setup to collect donations to defray the cost of TDPK’s LOLsuits against bloggers. There never was a RICO “charge.” There was a Racketeering Influenced and Corrupt Organization civil claim in the RICO Madness LOLsuit, but no criminal charge was ever filed as a result of the LOLsuit. And the RICO Madness LOLsuit had no significant effect on the Kimberlin v. Walker, et al. nuisance LOLsuit filed in state court. The pro bono lawyer defending my codefendants and me stuck by us to the end of that suit and through TDPK’s appeal. Further, he successfully defended me pro bono in the subsequent RICO Retread LOLsuit TDPK filed in state court after his first federal RICO suit was dismissed, and successfully represented me in the RICO Retread appeal.

The Cabin Boy™ appealed the first peace order issued against him to the Maryland Court of Appeals. The court refused to hear his appeal. He sought to have the peace order modified. The Circuit Court denied his motion.

As usual, Schmalfeldt got it wrong. First, I dream of a world where I don’t have to sue anyone. Second, I don’t pull the wings off of flies. I zap ’em with one of these.Click on the image to buy one from Amazon.

Team Kimberlin Post of the Day


One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.

I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.