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.

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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?

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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

Here’s the supporting Memorandum Opinion—

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

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

Everything has proceeded as I foresaw.

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

Heh.

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

Nothing proceeded as Bunny Boy imagined.

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Things are still proceeding as I have foreseen.

Team Kimberlin Post of the Day


Only one claim in one of the 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.

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

The money quote is in paragraph 147.

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The answer to paragraph 152 is pretty good too.