Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.
It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.
Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?
Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.
The Dread Pro-Se Kimberlin filed the RICO Retread LOLsuit against most of the defendants dismissed from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit in April, 2015, and I was dismissed from the Retread LOLsuit in April, 2016. Kimberlin voluntarily dismissed the remaining defendants, the National Bloggers Club, Patrick Frey, Ali Akbar, and Mandy Nagy, in June, 2016. TDPK then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.
So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.
The Court of Special Appeals took the matter under advisement in late June. Normally, they take six to eight weeks to issue an opinion, so I hope we will have a ruling soon.
One of the complaints that The Dread Pro-Se Kimberlin has against me is that I publish this daily feature devoted to him, his associates, and their activities. I started covering Brett Kimberlin and his associates during the week of Everybody Blog About Brett Kimberlin Day in late May, 2012. After learning of his use of a blatantly unconstitutional gag order to silence Aaron Walker and of the actions that caused Stacy McCain to leave Maryland to protect his family’s safety, I decided to keep covering Team Kimberlin every day until Kimberlin’s campaign of ant-First-Amendment lawfare was brought to an end. I’m not the only blogger who has a continuing series of posts focusing attention on some legal issue. For example, Paul Caron (TaxProf Blog) single-handedly has kept covering the ongoing scandal related to the IRS and its unfair treatment of conservative organizations seeking 501(c)(3) status for over four years now.
As Team Kimberlin’s campaign of lawfare continues, so will this feature. Brett Kimberlin has multiple appeals of the cases he’s lost in the works. I’m an appellee in at least one of them. He also has another LOLsuit filed in the U. S. District Court. The Cabin Boy™ still has LOLsuit VIII: Avoiding Contact going. If there were no lawfare to report on and no further attempts were being made to use the courts or false criminal charges to suppress free speech, then there would no longer be a reason for this series of posts to continue. But Team Kimberlin’s lawfare continues, and so will these posts.
Almost two years ago, there was a motions hearing in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. One of my codefendants was Mandy Nagy, and Mandy had recently suffered a debilitating stroke. Judge Mason engaged in the following exchange with The Dread Pro-Se Kimberlin during that hearing.
THE COURT: Let me ask you this as a practical matter if what you want to do is to stop this, why sue an incompetent person? Why don’t you just dismiss her and let’s get rid of this piece of it?
MR. KIMBERLIN: I have, I’ve been in discussions about doing that over the last couple of weeks.
THE COURT: Okay, well let’s bring them to an end. Why are you going to pursue an incompetent person? Strategically how does that help you?
Eventually, TDPK did dismiss Mandy from the RICO Retread LOLsuit in order to bring the case to an end in the Circuit Court so that he could file his appeal. He then included her as one of the appellees.
This was posted in the comment section of yesterday’s TKPOTD—For the record, I haven’t had to spend a great deal of money (at least by my standards, YMMV) defending any of The Dread Pro-Se Kimberlin’s LOLsuits. I’ve had pro bono legal representation from Patrick Ostronic in both the state suits, and I’ve handled the federal suits pro se at the District Court level. The only significant out-of-pocket expenditures have been for transcripts and the duplicating expenses for appeals briefs in the state cases. Those expense have been more-or-less cover by generous hit on the Tip Jar. Thank you.
Meanwhile, TDPK still owes me and my lawyers (Patrick Ostronic and Aaron Walker) $1350 in unpaid sanctions.
When I got home yesterday evening from a nice social gathering with friends, I found an envelope with Brett Kimberlin’s return address on it in my mailbox. The mail appeared to be addressed in his handwriting. These two documents were inside.
Speaking of Brett Kimberlin, his appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit is scheduled to go before the Maryland Court of Special Appeals on 23 June. The court has dispensed with oral arguments and will consider the case based on the record and written briefs. The court usually issues its decision about 6 to 8 weeks after the case is heard.
Meanwhile in the Hoge v. Kimberlin,et al. lawsuit, it’s T-minus 20 days and counting.
UPDATE—After I wrote this post, I found this comment in moderation—
I’ve had some questions about how the various appeals are going. The only one that is sorta/kinda active at the moment is The Dread Pro-Se Kimberlin’s appeal of the Kimberlin v. National Bloggers Club, et al. RICO Retread Appeal in the Maryland Court of Special Appeals. The briefs are in and some procedural motions are going back and forth. The most recent order I’ve seen in the case strikes part of the record extract TDPK filed as non-germane.