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

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

The money quote is in paragraph 147.

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The answer to paragraph 152 is pretty good too.

Team Kimberlin Post of the Day


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

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

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

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

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

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

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

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

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

Go ahead. Make my day.

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

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

Team Kimberlin Post of the Day


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

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

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

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

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