Team Kimberlin Post of the Day


Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

* * * * *

I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day


July seems fo be bogus subpoena month for Team Kimberlin. Here are a pair of posts about subpoenas requests made during a couple of their LOLsuits. The first is the TKPOTD from five years ago today and deals with The Dread Deadbeat Pro-Se Kimberlin’s RICO Remnant LOLsuit. The second is a Legal LULZ Du Jour from three years ago today. It deals with The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact.

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The Dread Pro-Se Kimberlin is scurrying about trying to put together a case against Patterico to keep the remnant of the RICO Madness LOLsuit alive. He’s asked the court to issue these subpoenas.

I may have more to say about this in a day or two.

* * * * *

Wanna bet?

This is what the U. S. District Court for the District of South Carolina Information on Representing Yourself in a Civil Action says about subpoenas on page 16—

Also—

Notice to Other Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.

—Federal Rule of Civil Procedure 45(a)(4)

So The Dreadful Pro-Se Schmalfeldt won’t get any subpoenas issued until after the Court has granted a motion allowing them (a motion that would likely be opposed), and if he gets any subpoenas, he can’t serve them until he has served a copy on each defendant.

Nothing is likely to proceed as the Cabin Boy™ has hallucinated.

* * * * *

The U. S. District Court for the District of Maryland never issued those subpoena Brett Kimberlin sought. However, it did issue a subsequent one directed to me, but Kimberlin never properly served it. I could have blown it off, but in an effort to avoid further hassles, I responded with all of the relevant information I had. Because nothing I provided was helpful to his case, TDPK filed a motion to have me sanctioned by the court. That motion died when Paterico won the case.

The U. S. District Court for the District of South Carolina never issued any of the subpoenas in Bill Schmalfeldt’s LOLsuit VIII because he never complied with the court’s rules regarding pro se subpoenas.

In both cases everything wound up proceeding as I had foreseen.

And both the losers lost.

Team Kimberlin Post of the Day


Each of the Team Kimberlin’s LOLsuits have had some elements of humor associated with them. This post titled @Patterico Answers #BrettKimberlin from five years ago today has a couple of jokes buried in it.

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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.

* * * * *

Paragraph 152 is also pretty good.

Team Kimberlin Post of the Day


This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

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One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

* * * * *

Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


The never-ending parade of silly mistakes made by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt in their various LOLsuits have yielded a gold mine of pointage, laughery, and mockification. Here are some bits from the TKPOTD, a Legal LULZ Du Jour, and a Bonus Legal LULZ Du Jour from four years ago today.

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I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent filings in the five active lawsuits in which he is a party. (BTW, four are LOLsuits he’s filed against me.) His writing is becoming … how to put this? … wilder and more full of stupid errors and omissions. I just finished reviewing something from one of the state cases, and its fatal error is both obvious and quite stunning. I won’t write about that mistake here because it’s the judge’s job to educate the midget on this one.

* * * * *

The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.

Fed. R. Civ. P. 4(d)(3) says—

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]

Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.

UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.

popcorn4bkUPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.

Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.

* * * * *

The Cabin Boy™ has yet another post up over at his Derp Brain Radio website (No, I won’t link to it.) in which he demonstrates his poor reading comprehension and his poor knowledge of the legal resources I have at hand. Given his track record, it’s possible that he has come up with a novel way to screw up service of process. We shall see.

popcorn4bkAs I noted earlier today, The Dreadful Pro-Se Schmalfeldt’s fear of having to face me in court will keep me out of LOLsuit VI: The Undiscovered Krendler, at least for the nonce, and I expect that the amended complaint [redacted]. All this means is that he’s surrendered his chance to control the actual venue after [redacted]. Meanwhile, I get to sit on the sidelines and point and laugh.

Heh.

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Tomorrow is Christmas Day, and this feature will take the day off.

So head out to the store to finish your shopping (or pickup more popcorn), enjoy the holiday, and …

Stay tuned.

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Yes, Merry Christmas, everyone!

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se/Protector Kimberlin was so sure that he would be successful protecting our 2016 presidential election that he filed a RICO LOLsuit against an group of defendants at the end of October, 2016. Breitbart Holdings was named as the lead defendant in the suit, and Steve Bannon was one of the codefendants. A few days later, TDPK had failed protect our election, and he then was in a LOLsuit with someone who was about to become a key presidential advisor.

The “evidence” that Kimberlin sought to use in the RICO 3 LOLsuit had been obtained as discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, and it was subject to a protective order issued by Judge Hazel forbidding it’s being disclosed to third parties or used in any other case. Three years ago today, I published this post titled Breitbart Pushes Back.

* * * * *

This has appeared on PACER—

Hmmmm.

* * * * *

Because I had been sucked into the Frey discovery process, I was also bound by the protective order relating to that case. When Kimberlin began trying to use discovery from Frey in the Hoge v. Kimberlin, et al. lawsuit in state court, I informed Judge Hazel. He directed me to inform the state court of his order. Judge Hecker, who was presiding in the state case, took the position that he wouldn’t directly enforce the federal court order, but that he reminded Kimberlin of the possible consequences of violating the order, Kimberlin got the message and stopped trying to use the Frey discovery in my case.

Oh, and the RICO 3 LOLsuit wound up being dismissed because the use of the Frey discovery violated the protective order.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


I’ve been a defendant in two RICO LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin. The TKPOTD for three years ago today, dealt with his first RICO suit which was filed almost three decades before he sued me.

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The two RICO LOLsuits that The Dread Pro-Se Kimberlin has filed against me were not his first venture into RICO madness. This is from the section in Mark Singer’s book Citizen K about TDPK in-prison business selling porn.

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). According to the complaint, instead of thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Cohabitation. When Kimberlin wrote a letter demanding the material he had originally ordered, the defendant had the temerity to offer instead “sexual aids,” including, Kimberlin noted, “a live-size inflatable doll, dildos, and a vibrating plastic vagina.”

Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000. After “a fucking 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. “So I just blew if off.”

—p. 203

So far, it looks like he’ll be three for three.

* * * * *

TDPK actually went four for four.

Most of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit had been dismissed for failure to state a claim when that TKPOTD was written. The remaining count became the Kimberlin v. Frey RICO Remnant LOLsuit. Kimberlin lost that case at summary judgment, and he lost all the related appeals.

The Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit was still pending three years ago. Kimberlin lost that and the related appeal as well.

A year and a day after the post was published, TDPK filed another RICO suit, Kimberlin v. Breitbart Holdings, et al. That suit was dismissed because his complaint violated the court’s protection order in the Frey case. Kimberlin appealed and lost that appeal also.

Team Kimberlin Post of the Day


Brett Kimberlin filed his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in October, 2013 with multiple counts against over 20 defendants. All but one count against one defendant were dismissed in March, 2015. The Dread Deadbeat Pro-Se Kimberlin tried to appeal the dismissal to the Fourth Circuit Court of Appeals, but his appeal was rejected because part of the case was still pending in the District Court. He then tried to get the District Court to issue a final judgment on the dismissed portion of the case so that he could appeal the dismissal. Although we expected to win any such appeal, we defendants weren’t in any hurry to put our victory at risk. This post, In Re RICO Remnant, ran five years ago today.

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The Dread Pro-Se Kimberlin has filed a motion seeking to have the dismissal of his RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit declared final. That would allow him to file an appeal with the Fourth Circuit Court of Appeals without having to wait for the disposition of his remaining claim in the case, which is now the Kimberlin v. Frey, RICO Remnant LOLsuit.

Aaron Walker isn’t in such a hurry.

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It took another couple of years for the RICO Remnant case to wind down in the District Court. Of course, TDPK lost; the court granted summary judgment in Frey’s favor. By that time, Kimberlin has been beaten enough times that he didn’t bother to appeal the initial dismissal. He only appealed the summary judgment, and he lost that appeal.

As TDPK’s lawfare campaign was getting started almost a decade ago, Kimberlin threatened to sue Frey, saying that he’d filed over a hundred lawsuits and that one more would be no sweat. It may be that the sweat resulting from the multiple losses may have become too uncomfortable for Kimberlin, He hasn’t filed any LOLsuits for a while.

Team Kimberlin Post of the Day


Brett Kimberlin does not like to take “No!” for an answer. When the judge in the Kimberlin v. Frey RICO Remnant LOLsuit refused to modify the protective order sealing discovery in the case, The Dread Deadbeat Pro-Se Kimberlin filed a petition for a Writ of Mandamus with the Fourth Circuit Court of Appeals seeking to have the Court of Appeals order the District Court judge to do TDPK’s bidding. The TKPOTD for three years ago today dealt with the motion for expedited consideration that TDPK with the Court of Appeals.

* * * * *

The Dread Pro-Se Kimberlin’s case is sooooo important that his petition for a writ of mandamus really, really, really needs to be acted on quickly. At least, that’s what TDPK says—

I wonder who that “close associate” of Frey who has been engaging in official corruption is?

* * * * *

Now that Kimberlin has lost the Frey LOLsuit and I’m no longer on the hook for TDPK’s motion to sanction me in that case, I can make some comments on that motion.

Of course, Kimberlin was gagged by the protective order. Protective orders are gag orders. However, he had no First Amendment right to publish sealed court materials. According to exhibits TDKP filed in another case, the “several” reporters who wanted to publish what they and Kimberlin hoped would be seen as dirt were Matt Osborne and Bill Schmalfeldt.

I was the “close associate of Respondent Frey engaging in official corruption.” Because I am still bound by the protective order, I can’t provide any more details than to say that the allegedly corrupt act was filing criminal complaints against Kimberlin and others in jurisdiction where the elected prosecutor was not a Democrat.

Team Kimberlin Post of the Day


Four years ago, The Dread Deadbeat Pro-Se Kimberlin has lost all but one count of his RICO Madness LOLsuit in U. S. District Court, so he filed an appeal with the Fourth Circuit and recycled his state law claims by filing his RICO Remnant LOLsuit. I wrote about them both in a couple of posts four years ago today. One was a TKPOTD. The other was titled Yet another LOLsuit.

* * * * *

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.

* * * * *

The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

* * * * *

The clear winner in the comment section for a suggested name for the LOLsuit was submitted by Dr_Mike.

Let’s see: (liberties are taken with the truth, deal with it.)

Brett Kimberlin and the Source of (Quayle getting) Stoned
Brett Kimberlin and the Probation of Secret (Commutation)s
Brett Kimberlin and the Prisoner of GoesKaboom
Brett Kimberlin and the Goblet of Wine Coolers for Teenaged Girls
Brett Kimberlin and the Order to Show Cause
Brett Kimberlin and the Half-Pint Perjury
Brett Kimberlin and the Deathly Murder of Julia Scyphers

Heh.

Team Kimberlin Post of the Day


About a month-and-a-half after The Dread Deadbeat Pro-Se Kimberlin filed his Kimberlin v. Walker, et al. nuisance LOLsuit against Aaron Walker, Ali Akbar, Stacy McCain, Kimberlin Unmasked, and me, he filed the his federal LOLsuit that I mockingly referred to as Kimberlin v. The Universe, et al. RICO Madness LOLsuit. By the time he finished adding parties, there were two dozen defendants in that case. The RICO Madness LOLsuit was dismissed except for one count against one defendant. A civil rights complaint against Patrick Frey (who blogs as Patterico) was allowed to go forward into discovery. I renamed that part of the case the RICO Remnant LOLsuit.

Although I was a non-party in Kimberlin v. Frey, TDPK sent me a subpoena for emails and other communication I had had with Patterico. The service on the subpoena was defective, so I didn’t have to comply. However, I voluntarily gave Kimberlin the emails I had which were not subject to joint defense privilege. I did so because there was nothing in the emails that was related to his LOLsuit, and I hoped to avoid any further involvement in the case,

I was wrong.

Kimberlin asked the court to sanction me because I didn’t give him what he wanted.

Three years ago today, I ran a Kimberlin v. Frey News post that contained my opposition to his motions for sanctions. As you can see, I had to file part of my opposition under seal.

* * * * *

The Dread Pro-Se Kimberlin filed a motion for contempt or sanctions against me in the Kimberlin v. Frey RICO Remnant LOLsuit. Last week, he finally got around to serving a copy of the motion on me. I have now filed a response. Because I had to discuss confidential discovery material from the case in my filing, I have filed it partially under seal.

Here is the redacted version that is publicly available on PACER.

The motions speak for themselves. I do not wish to make any further comment on the matter until the court has ruled.

* * * * *

The court never actually ruled on Kimberlin’s motion to sanction me. However, it became moot when summary judgment was granted in Patterico’s favor and the case was terminated.

I’m still bound by the protective order, so I can’t talk about the contents of the emails, except to say the really weren’t helpful to Kimberlin’s case. In fact, if I hadn’t been bound by the protective order, I might have used them in my suit against Kimberlin.

Whatever.

Team Kimberlin Post of the Day


One the obvious purposes of Team Kimberlin’s lawfare has been to try to use the discovery process in civil suits to dig up dirt to use against their perceived enemies. This Acme Legal Citation Du Jour ran five years ago today.

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@weltsschmerz2015|201502120213ZThe Cabin Boy™ will not get any IP information from Hogewash! without either a valid subpoena or discovery interrogatory.

In order to get a subpoena prior to discovery, he will have to comply with the requirements in Independent Newspapers, Inc. v. Brodie, 407 Md. 415 (2009). He will have to make a prima facie case of defamation for each individual about whom he seeks information. Because he is suing in a federal court with tighter pleading standards than a Maryland state court, he will have to plead with particularity, and I will only provide information that the court specifically orders given. He won’t get thousands of IP address unless he specifically asks for that many one by one.

Of course, that presumes that his case survives. If the court takes note of the fact that he has admitted in his Application for pauper status that he has more income (almost 2X the federal poverty level for a family of two) than is allowed, the case will be kicked out. If he’s allowed to proceed in forma pauperis, the LOLsuit must then be screened for frivolousness, maliciousness, and failure to state a claim. Let’s pretend that it gets past that screening; there will still be motions to dismiss. If the LOLsuit makes it over that hurdle, the Cabin Boy™ can then file a discovery interrogatory. He will then find that discovery may not be as open-ended as he thinks. He will also find that it’s a two-way street.

popcorn4bkBTW, if the LOLsuit makes it past the motions to dismiss, no one should be surprised if one or more defendants make counterclaims and/or adds counterclaim defendants.

The Gentle Reader should not worry about any of this. I only log the IP addresses of the Insightful Commenters who contribute to Hogewash!—and the Ill-mannered Harassers who attempt to troll the blog.

* * * * *

That post was written in the context of LOLsuit III: The Search for Schlock, and that particular bit of nonsense was killed off after only two weeks when the presiding judge realized that the court had no jurisdiction over the case. Schmalfeldt has never been successful using discovery.

The Dread Deadbeat Pro-se Kimberlin did manage to get his hands on a large number of emails during discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, but he never was able to use any of them effectively. He did try to use some of them in the Hoge v. Kimberlin, et al. case, but when he tried during the trial, the state court judge said that he wouldn’t prevent TDPK from introducing them, but that Kimberlin would be on his own explaining to the federal judge why the protective order was violated. Kimberlin chickened out, which is a shame because I would have introduced the same emails myself if I hadn’t been bound by the protective order as well.

It’s safe to say that Neal Rauhauser’s theory of pro se lawfare has been a spectacular failure—at least as far as implemented by Team Kimberlin.

Team Kimberlin Post of the Day


One of the recurring false narratives peddled by Brett Kimberlin is the fake news that he has no connection to Breitbart Unmasked Bunny Billy Boy Unread and that Matt Osborne and Bill Schmalfeldt are independent journalists (or real journalists, for that matter). He even tried to use that myth as a wedge to get the protective order granted in the Kimberlin v. Frey RICO Remnant LOLsuit modified. This post titled #BrettKimberlin Whines About Discovery from three years ago today dealt with that futile motion.

* * * * *

He’s upset because he can’t share confidential information received from Patrick Frey with Bill Schmalfeldt and Matt Osborne as he did with the sealeddiscovery in the 2012 Walker v. Kimberlin, et al. case. He’s filed this in the Kimberlin v. Frey RICO Remnant LOLsuit. The exhibits are really howlers.

Excuse me while I pop some more popcorn.

* * * * *

There’s a rule of management that says that first-rate bosses hire first-rate people and that second-rate bosses hire third-rate people. That may help explain how The Deadbeat Publisher Kimberlin wound up with a fifth-rate staff.

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.

* * * * *

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.

* * * * *

Things are still proceeding as I have foreseen.

Team Kimberlin Post of the Day


Only one claim in one of the federal 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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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—

* * * * *

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.

* * * * *

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.

Team Kimberlin Post of the Day


For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The coming week has a couple of due dates.

Last Monday, Judge Hazel gave The Dread Pro-Se Kimberlin seven days to file a copy of the missing “Exhibit S” for the supplement he filed to his motion for summary judgment in the Kimberlin v. Frey RICO Remnant LOLsuit.

A show cause hearing in the Hoge v. Kimberlin, et al. lawsuit is scheduled for The Dreadful Pro-Se Schmalfeldt before Judge Hecker at 8:45 am on Wednesday.

Everything is proceeding as I have foreseen.

T-minus 3 days and counting.

Team Kimberlin Post of the Day


Yes, now that discovery is closed in the Kimberlin v. Frey RICO Remnant LOLsuit and the Hoge v. Kimberlin, et al. lawsuit and the time for filing dispositive motions has passed, we’re in summary judgment season.

Patrick Frey and The Dread Pro-Se Kimberlin both have motions for summary judgment pending before Judge Hazel in the RICO Remnant LOLsuit.

In the Hoge v. Kimberlin, et al. case the Cabin Boy’s™ second motion for summary judgment has been denied, but my motions for summary judgment against Tetyana Kimberlin and against Almighty Media, Breitbart Unmasked, and Bill Schmalfeldt are pending. So is the Kimberlins’ motion against me.

Meanwhile, it’s T-minus 12 days and counting in the Hoge v. Kimberlin, et al. case.