Team Kimberlin Post of the Day

Brett Kimberlin does not like to take “No” for an answer. That has invariably meant that he’s pushed appeals through the system until a higher court says, “What part of ‘No’ do you not understand?” The Dread Deadbeat Pro-Se Kimberlin was particularly bothered by Judge Hazel’s refusals to modify a protective order that covered discovery materials in the Kimberlin v. Frey RICO Remnant LOLsuit. He went so far as to seek a writ of mandamus from the Fourth Circuit Court of Appeals that would have directed Judge Hazel to grant Kimberlin’s wishes. Kimberlin also filed a motion seeking an expedited ruling on his mandamus petition because of how important he imagined the case to be.

The TKPOTD for for six years ago today published a copy of that motion.

* * * * *

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?

* * * * *

Actually, I know who that “close associate” of Frey was because I’ve seen some of the discovery in the case. However, I can’t name him because I’m also bound by the protective order.

The list topics of “national importance” in paragraph 3 hasn’t aged well.

While David French has been a significant voice among the Never Trumpers, he has never be seriously consideedr for the Republican presidential nomination.

Conservatives have not been a significant source of attempted bullying or intimidation of judges.

It hasn’t been right wing media outlets that have been the principal source of false narratives for the past few years.

Of course, the petition was denied. While everything proceeded as I had foreseen, nothing conformed to Kimberlin’s hallucinations.

Team Kimberlin Post of the Day

T. S. Eliot wrote that April is the cruelest month. Brett Kimberlin might reasonably disagree and nominate March instead. The TKPOTD for seven years ago today catalogs some of Kimberlin’s losses during March.

* * * * *

The Dread Pro-Se Kimberlin has had it rough the last few days. First, he lost his attempt at getting a peace order against me. Next, the false and misleading nature of the tweet he used as evidence during the peace order trial came out, gutting what little case he had. (This may explain why nothing about an appeal or perjury charges against me has appeared in the Maryland Case Search database yet).

The big whammy came day before yesterday when Judge Hazel put TDPK’s RICO Madness out of it’s misery, dismissing all the counts against all the defendants except for the civil rights claim against Patrick Frey. (Go hit Patterico’s tip jar.) That happened just as TDPK was filing RICO2 which I will call Kimberlin v. Team Themis, et al.

I’m the only defendant in common between the two RICO suits, and having me in RICO2 is going to be more problems for TDPK than he can imagine.

Stay tuned.

* * * * *

Two things—

First, feel free to keep hitting Patterico’s tip jar. He runs a blog that deserves support.

Second, I’ll stand by my statement that Kimberlin’s worst mistake during his lawfare campaign was tangling with me. And I’m not done with him yet.

Team Kimberlin Post of the Day

Team Kimberlin’s lawfare peaked about six years ago. Of course that meant that their failure rated peaked as well. This was the TKPOTD for six years ago today.

* * * * *

Last week saw the scales in the blindfolded lady’s hand weigh down further against Team Kimberlin. I believe we will see more of the same this week.

BTW, the blindfolded lady with the scales in one hand and sword in the the other is often identified as the Greek titaness Themis.

* * * * *

Everything proceeded as I had foreseen.

And Team Themis never existed anyplace outside of Brett Kimberlin’s imagination.

Team Kimberlin Post of the Day

Brett Kimberlin tried to use the discovery phase of the two cases that got past motions to dismiss (Kimberlin v. Walker, et al. and Kimberlin v. Frey) as fishing expeditions to dig up dirt on his adversaries. He pretty much failed in both cases. Of course, he was very uncooperative with discovery in the cases brought agains him. The TKPOTD for five years ago today dealt with his answers to interrogatories in the Hoge v. Kimberlin, et al. suit.

* * * * *

This came in the mail on Thursday.

Because I believe that discovery is best kept confidential to the greatest extent possible, I’ve redacted the answers to interrogatories which The Dread Pro-Se Kimberlin attached. I don’t intend to make any further public statement concerning this matter prior to the court’s ruling on the contempt hearing that has been ordered—except to note that the answers provided are still incomplete.

Murum aries attigit.

* * * * *

Now that case is several years old, I might as well publish the questions the court ordered Kimberlin to answer and his answers. As noted above, they are incomplete. They are also deceptive.

He didn’t think through his answers very well.

Interrogatory 5. There are no written documents authorizing the use of the assets of a 501(c)3 to pay for the personal legal expenses of one of its officers. Really? Hmmmm.

Interrogatory 6. No mention is made of the use of a Justice Though Music Project check to pay a filing fee in the RICO Madness civil case in which I was a defendant. I have a copy of the receipt which is also available on PACER.

Interrogatory 7. A fair answer.

Interrogatory 8. I have evidence which suggest the answer is incomplete. I will also note that as a result of contacts made with NASA, a criminal investigation was opened of which I was not the target.

Interrogatory 9. I have evidence suggesting that this answer is false.

And in other breaking news, Perjurers tell lies.

 

Team Kimberlin Post of the Day

It appeared that the initial reason for Brett Kimberlin’s lawfare campaign against people truthfully report on him and his activities was to silence his critics. However, he quickly began trying to use discovery in the LOLsuits as fishing expeditions to dig up what he hoped would be dirt on his perceived enemies. The TKPOTD for six years ago today dealt with one of his failed attempts to use confidential discovery material improperly.

* * * * *

The Dread Pro-Se Kimberlin has filed yet another motion attempting to breach the confidentiality of the discovery material provide by Patterico in the Kimberlin v. Frey RICO Remnant LOLsuit. The most recent bit of nonsense was filed in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

* * * * *

Judge Hazel never budged and continued to enforce the protective order he issued in the Frey case. I became tangled in the Frey discovery process and wound up being bound by the protective order also. Kimberlin tried to improperly use some of the Frey discovery against me in the Hoge v. Kimberlin, et al. suit. He didn’t, and even if he had, I doubt that it would have helped him. I can’t describe the material, but I can say that I would have used it myself if I hadn’t been subject to the protective order.

Team Kimberlin Post of the Day

Brett Kimberlin sued me and various groups of codefendants in four lawsuits. I had over 40 codefendants across all the suits and as many as 23 at one point in the Kimberlin v. National Bloggers Club, et al (I) RICO Madness LOLsuit. When several of our codefendants settled the case with Kimberlin, Patrick Frey expressed his disagreement and disappointment on his blog and on Twitter. Kimberlin sent a letter to the judge asking for permission to file a motion against Frey. Seven years ago today, I posted this In Re RICO Madness.

* * * * *

I have not been served a copy of this letter, and it has not been posted to the Kimberlin v. The Universe, et al. RICO Madness case docket on PACER. (H/T @adamsteinbaugh) It’s a marvelous example of Brett Kimberlin’s gross misunderstanding of both the Case Management Order (on a point he has already been corrected by the judge) and the First Amendment. The idiocy it demonstrates is breathtaking.

BTW, I concur with Patterico’s opinion.

* * * * *

It took another two-and-a-half years before Patterico finally won the last count in the case on summary judgement and another three or four months before that win was sustained on appeal. Although I had been dismissed from the case in 2015, I got roped back in again during the discovery phase and was involved all the way to the end in late 2017.

It was a pain in the neck (actually a couple of feet lower), but worth it. I’d rather stand up to a bully than cower. And I’m proud of those who stood beside me.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today references some of the best legal writing I’ve ever enjoyed reading.

* * * * *

As I mentioned in yesterday’s summary, there isn’t much left of The Dread Pro-Se Kimberlin’s RICO Madness LOLsuit that survives as the Kimberlin v. Frey RICO Remnant case. The one count remaining deals with his claim that Patrick Frey used his job as a prosecutor in the LA County District Attorney’s Office to deprive TDPK of his civil rights.

Patterico has answered TDPK’s complaint. For the most part he denied the allegations, generally with boilerplate denials, but there were a couple of paragraphs … well, see for yourself. Here are those paragraphs from the complaint, each followed by Frey’s answer.

ECF 135-147ECF 276-147ECF 135-152ECF 276-152

Zing!

* * * * *

Heh.

Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

* * * * *

The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

* * * * *

No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

* * * * *

Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

* * * * *

Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

* * * * *

Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

* * * * *

Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

A big part of Brett Kimberlin’s litigation record as The Dread Deadbeat Pro-Se Kimberlin has been the filing of futile court motions. Just this week, his gimme-a-free-lawyer motion was rejected by the Seventh Circuit Court of Appeals. The INMTUYK for six years ago today was about another failed request to a court.

* * * * *

The Dread Pro-Se Kimberlin has sent this to the judge in the Kimberlin v. Frey remnant of the Kimberlin v. The Universe, et al. RICO Madness.

Bwahahahahahahahahaha!

UPDATE—There are an amazing number of errors in this filing, but I’ll point out just two for now.

First, TDPK says he wants to add the Los Angeles DA’s Office and the FBI as defendants. Does he mean the City of LA or the County of LA? However, that question is moot, because, second, the court has ordered that TDPK may not make any further amendments to his LOLsuit.

* * * * *

It was an FBI Special Agent who busted Kimberlin in Indianapolis in the arrest that led to his car being impounded and searched and bomb making materials found in the trunk. Maybe he still got a grudge.

Team Kimberlin Post of the Day

Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

* * * * *

Go read it.

* * * * *

While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longest single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

Team Kimberlin Post of the Day

This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

* * * * *

@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

* * * * *

When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

Team Kimberlin Post of the Day

This TKPOTD from five years ago today analyzes one of the reason why Brett Kimberlin’s lawfare has been doomed for failure.

* * * * *

In yesterday’s TKPOTD, I pointed out how Team Kimberlin’s lack of understanding of the principles of warfare has rendered their lawfare campaign ineffective. Today, we’ll look at an example of a failure to properly apply the principle of maneuver.

Maneuver – Place the enemy in a position of disadvantage through the flexible application of combat power. Maneuver is the movement of forces in relation to the enemy to gain positional advantage. Effective maneuver keeps the enemy off balance and protects the force. It is used to exploit successes, to preserve freedom of action, and to reduce vulnerability. It continually poses new problems for the enemy by rendering his actions ineffective, eventually leading to defeat.

—U. S. Army FM 3-0

Let’s consider how The Dread Pro-Se Kimberlin failed to place his opponents in a position of disadvantage during the discovery process in the Kimberlin v. Frey RICO Remnant LOLsuit. He served requests for production of documents on Patrick Frey and tried to serve subpoenas for documents on Aaron Walker and me. It’s clear that he was fishing for discrepancies in order to play “gotcha” games. However, his service of the subpoenas was defective. Aaron elected to ignore his subpoena, and when TDPK filed a motion to compel, it was denied because of the defective service. (Judge Hazel’s Letter Order spelled out what was wrong: TDPK had served the subpoena himself in violation of Rule 45.) I let TDPK  have the responsive documents I had, hoping to avoid the hassle of a motion to compel. I was rewarded with a motion for sanctions when Kimberlin didn’t like what I was able to give him.

Undeterred, TDPK decided that he would subpoena Aaron, Aaron’s wife, and me for depositions, and on 10 March, he personally handed the Walkers’ subpoenas to Aaron and my subpoena to me. Of course, that violated Rule 45 again, so the service was invalid. Moreover, the scheduled date for the depositions was yesterday, 11 April, and discovery ended on 1 April.

At no time did Kimberlin’s actions provide him with a positional advantage. Indeed, it was he who was thrown off balance. His wound up posing new problems for himself rather than Patrick Frey or Aaron Walker or me. His own actions were ineffective and led to his defeat on the motion to compel against Aaron and will likely lead to his overall defeat in the suit.

#Loser

* * * * *

And, indeed, he lost.

Team Kimberlin Post of the Day

It seems clear to me that Brett Kimberlin desperately wanted to be able to use material he had received via discovery in his various lawsuits as fuel for smear campaigns against his enemies. He did leak sealed documents from a couple of cases. He became obviously frustrated when Judge Hazel would not relax the protective order granted in the Kimberlin v. Frey RICO Remnant LOLsuit. He also became peeved with me when I didn’t provide him with a bonanza of information when he tried to subpoena me in the Frey case.

He never properly served that subpoena on me, but I voluntarily gave him all the responsive documents I had. First, because nothing I had was useful to hm, and second, I figured letting him have them would avoid a round of filings in court. I was wrong. Five years ago today, I posted this Kimberlin v. Frey News.

* * * * *

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.

* * * * *

As a result of bing sucked into that round of motions, I became privy to some of the discovery documents and now am bound by the terms of the protective order. I can’t discuss the contents of the documents related to Kimberlin’s sanctions motion. However, I will say that no reasonable person looking at them in the context of Kimberlin’s LOLsuit would believe they helped his case. Indeed, if I had unfettered access to them and hadn’t been bound by the Frey protective order, I would have used at least some of them in my lawsuit against Kimberlin.

Kimberlin loses in court because he never has either the facts or the law on his side, but even if he did, he’d still lose. He just doesn’t seem to understand how to tie a coherent argument together with facts and logic to make a case.

Team Kimberlin Post of the Day

I’m so old, I remember when journalists were still generally called reporters and the good ones at least pretended to take a “just the facts” approach to the news. OTOH, I’m older than any of the alleged journalists associated with Team Kimberlin, so it may be they never really were exposed to good reporting. That may explain the situation discussed in the Prevarication Du Jour from seven years ago today.

* * * * *

Bill Schmalfeldt tweeted this in the context of comments about his using a threat to cause a woman to lose her children unless she gave him him information.ffr201310021523Z

Here’s what Schmalfeldt actually wrote to the woman.BSthreatOBNSchmalfeldt maintains that he was behaving in an ethical manner as a journalist when he sent that message. The Cabin Boy also touts the Code of Ethics of the Society of Professional Journalists. Let’s examine how the tactic he used with this potential source fits within that Code. This item seem applicable.

Journalists should:

— Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.

As near as I can tell, nothing in the story he was “investigating” had anything to do with the woman’s children or whether or not they should be taken from her. It seems that he was simply using the threat as a bludgeon to get her to “play smart” and give him the information he wanted. It’s unclear that she was even a direct part of the story. IANAL, but that message seems very close to blackmail or extortion, and since it was sent via interstate communications, a violation of federal law.

And what compassion was he showing the children who would have been affected by his threats?

But the Cabin Boy says he’s ethical … because JOURNALIST!

UPDATE—Stacy McCain appears to question Schmalfeldt’s journalistic ethics also.

* * * * *

The alleged desire of Cabin Boy™ (Schmalfeldt) and Bunny Boy (aka Matt Osborne) to have access to sealed documents was the reason that Brett Kimberlin cited to a court filing seeking to unseal discovery in the Kimberlin v. Frey RICO Remnant LOLsuit. The court didn’t relax its protective order, so Kimberlin’s fishing expedition failed.

BTW, when Brett Kimberlin tried to use sealed discovery from Frey during the Hoge v. Kimberlin, et al. trial, Judge Hecker said that the federal court’s order wasn’t his to enforce and that Kimberlin could try to introduce the documents. Then, the judge also noted Kimberlin should consider the possible consequences of disobeying the federal court. Kimberlin chickened out.

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?.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.