Team Kimberlin Post of the Day


Over at Instapundit a few days ago, Prof. Reynolds used the Southern expression “lower than a snake’s belly in a wagon wheel rut.” The TKPOTD from three years ago today contained information about something Brett Kimberlin did that I believe is lower still.

* * * * *

After Mark Bailin had presented his oral argument for the successful Breitbart motion to dismiss during last Thursday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason gave The Dread Pro-Se Kimberlin an opportunity to respond. This conversation was a part of his response.

THE COURT: The four that you chose, I would assume that you would pick the best four —

MR. KIMBERLIN: Uh, ummm —

THE COURT: — and the four that you chose, as he points out, two don’t even mention you.

MR. KIMBERLIN: Uh, I — Obviously, they don’t mention me in — by name. They mention me in context. They impute — ah — and this is a part of the campaign. This is —

THE COURT: Well, but, but, but stop for a second. Because the one in 2010 —

MR. KIMBERLIN: Ah, that’s —

THE COURT: — couldn’t possibly —

MR. KIMBERLIN: I’m, I’m not going to argue that. Ah, that’s beyond the statute of limitations.

THE COURT: So why did you put it in the complaint then?

That admission is significant because the only act TDPK alleges against Mandy Nagy is that she wrote the 2010 Breitbart article. Given that he’s admitted that what he alleged against her is outside the statute of limitations, it will be interesting to see if he’s smart enough to dismiss her from the case.

Stay tuned.

* * * * *

Even after admitting that the statute of limitations had expired on Mandy Nagy’s article—and know that she had suffered a stroke that made it impossible for her to participate in her own defense—The Dread Deadbeat Pro-Se Kimberlin kept her as a defendant in the RICO Retread LOLsuit to the bitter end. He only dismissed her when it was the only way for him to pursue an appeal of his losses against other defendants, and he made her an appellee, essentially appealing his voluntary dismissal of her from the case.

Lower than [redacted].

Team Kimberlin Post of the Day


Today’s retrospective TKPOTD is a twofer, and both deal with the same LOLsuit, the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread case. Part A is the TKPOTD from three years ago today when the case was still in Circuit Court.

* * * * *

During yesterday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Bruce Godfrey sought to appear as counsel for Mandy Nagy. Because Mandy is disabled and because The Dread Pro-Se Kimberlin has alleged that her mother is her legal representative, Judge Mason directed Mr. Godfrey to ask Mandy’s mother hire him as her lawyer so he could file his motions on her behalf.

The judge also had this to say to Kimberlin:

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 dismiss her, and let’s get rid of this piece of it?

MR. KIMBERLIN: I have — I been in discussion about doing that for the last couple of weeks.

THE COURT: OK, then let’s bring them end. I mean, why — why are you going to pursue an incompetent person? Strategically, how does that help you?

MR. KIMBERLIN: It has to do with removal of false content. If they remove the content, I’ll dismiss.

MR. GODFREY: Your Honor, I do not stipulate that the content — I do not agree that the content is false. But let’s assume that Mr. Kimberlin is right and I’m wrong. Miss Nagy is a stroke survivor. She is barely able to communicate according to both her mother and her stepfather.

THE COURT: OK.

MR. GODFREY: She can’t remove anything.

There are other nuances to Mandy’s situation which I can’t discuss for now. To do so risks educating the midget.

I have a CD of the court audio, and I will bringing you more interesting quotes from the hearing over the next few days.

There were some other legal issues settled yesterday that didn’t turn out the way TDPK wanted, but I can’t write about them just yet.

Stay tuned.

* * * * *

Part B is from two years later and deals with The Dread Deadbeat Pro-Se Kimberlin’s appeal.

* * * * *

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.

Stay tuned.

* * * * *

Of course, Kimberlin lost his appeal, and the Court of Special Appeal awarded me costs. And of course, Kimberlin hasn’t paid—hence his demotion from Dread to Deadbeat.

Not paying me promptly could wind up being an unwise choice.

Team Kimberlin Post of the Day


Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year

* * * * *

The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

* * * * *

2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day


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.

#StupidIsAsStupidDoes

Team Kimberlin Post of the Day


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.

Stay tuned.

Team Kimberlin Post of the Day


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.

Stay tuned.

Team Kimberlin Post of the Day


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.

Jerk.

Team Kimberlin Post of the Day


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.

#Deadbeat.

Team Kimberlin Post of the Day


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—

Team Kimberlin Post of the Day


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.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


It’s time for another status report on The Dread Pro-Se Kimberlin’s lawfare and the pushback Team Kimberlin is experiencing. This report will only deal with the cases that are still at least somewhat alive.

The original Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit is in limbo pending the resolution of the leftover Kimberlin v. Frey RICO Remnant LOLsuit in the U. S. District Court for the District of Maryland. Kimberlin has filed his motion for summary judgment in the Frey case, and Patterico’s response and cross-motion are due on Wednesday. The last of the filings related to summary judgment in the Frey suit are due not later than 17 March. TDPK has said that he will appeal National Bloggers Club (I) to the Fourth Circuit Court of Appeals when the Frey case is over in the District Court.

The Kimberlin v. Hunton & Williams, et al. (I) RICO 2:Electric Boogaloo LOLsuit Appeal was dismissed by the Fourth Circuit Court of Appeals, and TDPK is running out of time to file a petition for a writ of certiorari with the Supreme Court. It should be thoroughly dead in a few weeks. The Court of Appeals awarded a $600 sanction against TDPK for filing a frivolous appeal against me. He hasn’t paid yet. Steps are being taken assure the debt is collected.

The Kimberlin v. Hunton & Williams, et al. (II) RICO 2 Retread LOLsuit is now officially dismissed with prejudice by the Circuit Court for Montgomery County. TDPK has a few more days left to file a notice of appeal.

The Kimberlin v. National Bloggers Club, et al. (II) RICO Retread Appeal is in the Maryland Court of Special Appeals. The appellees’ briefs have been filed. The TPDK now has a few days to file a reply brief, and then it’s up to the court to rule.

Aaron Walker has filed a notice of appeal in the Walker v. Kimberlin, et al. lawsuit. The initial mechanics of moving the case record from the Circuit Court to the Court of Special Appeals are going forward.

The Hoge v. Kimberlin, et al. lawsuit is now in the discovery phase. Both Brett Kimberlin and Bill Schmalfeldt appear to have blown off some of their obligations in discovery. Judge Hecker has ordered TDPK to show cause why he should not be found in contempt. Time is running out for Schmalfeldt to avoid … well, let’s just say time is running out.

Stay tuned.

UPDATE—One of my codefendants in the RICO Madness LOLsuit comments …rsmccain20170219

Team Kimberlin Post of the Day


The Maryland Court of Special Appeals decided to accept The Dread Pro-Se Kimberlin’s appeal of the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit. Various preliminary motions are being filed, and I expect the opposition briefs will be filed soon. Otherwise, I’m not yet in a position to report any details except to say that everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Let’s see: $600 for the August, 2014, sanction; $150 for the the September, 2015, sanction; and another $600 for the sanction just imposed by the Fourth Circuit. That makes $1350 in unpaid sanctions hanging over The Dread Pro-Se Kimberlin. Come to think of it, he hasn’t paid the costs taxed to him last year by the Court of Special Appeals for his failed appeal of the Kimberlin v. Walker, et al. LOLsuit.

Murum aries attigit.

Team Kimberlin Post of the Day


The Maryland Court of Special Appeals kicked back The Dread Pro-Se Kimberlin’s defective appeal paperwork in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit and told him to fix it and resubmit it by 13 January, 2017, or risk having the appeal dismissed. It seems that he filed something. On the 17th. Four days late.

Now, we will see if the Maryland Court of Special Appeals is as keen to enforce its deadlines as the Fourth Circuit Court of Appeals.

Tick, tock

Team Kimberlin Post of the Day


Back in December, the Maryland Court of Special Appeals returned The Dread Pro-Se Kimberlin’s appeal in his Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit to him because it was defective. The court gave him until 13 January, 2017, to fix the deficiencies and resubmit the appeal or risk having it denied.

It’s now 14 January, 2017. I don’t know if TDPK got his paperwork in on time. If he did, he still has to serve two copies of everything on each of the opposing attorneys and each pro se defendant. Those document packages would be large enough to send via Parcel Post, so we may not see them until the middle of next week if he served us. Since the court is closed for the MLK holiday on Monday, we won’t be able check with the Clerk to see if a filing was received until Tuesday.

popcorn4bkDid TDPK file on time? Or was he overcome by good sense and abandoned his doomed case? Or was the cost of creating a proper appeal and serving all the required copies beyond his current means? Or did he file yet another defective piece of legal nonsense?

Tune in next week to find out.

Team Kimberlin Post of the Day


As the New Year begins, The Dread Pro-Se Kimberlin should be reserving plenty of time during the month of January to deal with court paperwork. The Maryland Court of Special Appeals has given him until 13 January to get his appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit in order or see it dismissed. Meanwhile, Judge Hazel has issued this order scheduling the filing of motions in the Kimberlin v. Frey RICO Remnant LOLsuit.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Lots of stuff has happened this month, none of it has been particularly good for Team Kimberlin.

The Kimberlins had several motions denied in the Hoge v. Kimberlin, et al. lawsuit. Their frivolous motion to sanction me for being involved in the Walker v. Kimberlin, et al. lawsuit bit the dust, as did their motions for summary judgment and to stay discovery while the summary judgment motion was pending. My initial motions to compel compliance with discovery were denied on a technicality which has been corrected. New motions to compel are pending against The Dread Pro-Se Kimberlin and the Dreadful Pro-Se Schmalfeldt.

Speaking of the Walker v. Kimberlin, et al. case, Tetyana Kimberlin was sanctioned for her failure to be deposed during discovery.

TDPK’s appeals didn’t go well for him this month. The Maryland Court of Special Appeals kicked back his paperwork for the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit and gave him until mid January to fix it or see his appeal dismissed.

Meanwhile, the Fourth Circuit Court of Appeals dismissed all three cases that TDPK had before them. His petition for a writ of mandamus against Judge Hazel (seeking to require the judge to amend the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit) was denied. So was TDPK’s appeal of Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell LOLsuit whining about the Senates handling of the Merrick Garland nomination. And best of all (from my point of view), the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit appeal went down in flames. My motion to sanction Kimberlin for filing a frivolous appeal naming me as an appellee is pending.

popcorn4bkSo December ended 2016 on an uptick for the good guys.

2017 should be interesting.

Stay tuned.

Team Kimberlin Post of the Day


The Dread Pro-Se has paperwork due this week in both the Circuit Court for Carroll County and Fourth Circuit Court of Appeals. The stuff he owes the Maryland Court of Special Appeals isn’t due until after the first of the year.

Tick, tock.

Team Kimberlin Post of the Day


Well, I can finally share that news. The Court of Special Appeals has ordered The Dread Pro-Se Kimberlin to redo his paperwork in his appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit so that it complies with their rules.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin still has three lawsuits pending as well as appeals in three others he’s lost. November should be a busy month for him.

Team Kimberlin Post of the Day


Many of the Gentle Readers have said there have been so many LOLsuits filed by Brett Kimberlin over the past three years that they have trouble keeping up with them. Here’s a brief summary:

Kimberlin v. Walker, et al. was filed in the Circuit Court for Montgomery County on 30 August, 2013. It alleged various nonexistent torts as well as defamation and false light invasion of privacy against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. The nonexistent torts were dismissed against Aaron, Stacy, Ali, and me on motions for summary judgment on 1 July, 2014, and we beat Kimberlin at trial on 12 August, 2014, when the judge stopped the trial with a directed verdict in our favor because Kimberlin could not show that anything we had written or said about him was false. The persons Kimberlin identified as being Kimberlin Unmasked settled the case separately. Kimberlin appealed his loss to the Maryland Court of Special Appeals, and three-judge panel of the appeals court affirmed the judgment of the Circuit Court in January of this year. Kimberlin asked the whole court to rehear his appeal, but that was denied. He petitioned the Maryland Court of Appeals for a writ of certiorari, and that was denied. He announced that he would petition the U.S. Supreme Court for a writ of certiorari, but did not file in time. This case is finally over. Kimberlin lost. There will be no “exoneration.”

Kimberlin v. National Bloggers Club, et al. (I) was filed on 15 October, 2013, in the U.S. District Court for the District of Maryland, initially against a laundry list of codefendants including me, alleging that we were a racketeering enterprise set up to defame him. My codefendants included Mandy Nagy, Simon & Schuster (the publishing company), Glenn Beck, Michelle Malkin, and Lee Stranahan. Eventually, there were two dozen defendants. A few settled with Kimberlin, but most of us were dismissed with prejudice on 17 March, 2015. One count against one defendant, a civil rights complaint against Patrick Frey is still lingering. Kimberlin filed an untimely appeal with the Fourth Circuit Court of Appeals which was summarily rejected because the case is still pending in the District Court. Kimberlin has sought to use confidential evidence obtained from Patrick Frey during discovery in other cases, and Judge Hazel has refused to modify the protective order to allow it. As a result, Kimberlin has filed a petition with the Fourth Circuit Court of Appeals asking that court to order Judge Hazel to modify the order to suit Kimberlin. The Fourth Circuit has not yet acted on that petition. Discovery has now closed in the case against Patrick Frey.

Kimberlin v. Hunton & Williams LLP, et al. (I) was filed in the U.S. District Court on 16 March, 2015, the day before Judge Hazel threw out the first RICO LOLsuit. My codefendants in this LOLsuit included Hunton & Williams (a law firm with 800 lawyers), the U.S. Chamber of Commerce, and Pacific Northwest National Laboratories. This was another RICO suit alleging a conspiracy to defame Kimberlin. It was dismissed with prejudice last March. Kimberlin has appealed to the Fourth Circuit, informal briefing is complete on the appeal, and we are waiting for the ruling.

Kimberlin v. National Bloggers Club, et al, (II) was filed on 15 April, 2015, in the Circuit Court for Montgomery County. It recycled the state law claims from the dismissed federal suit against most of the defendants. Beginning in September, 2015, the defendants were dismissed piecemeal, and most of us were dismissed with prejudice. Kimberlin is now in the process of filing an appeal with the Maryland Court of Special Appeals.

res_judicata_mugsKimberlin v. Hunton & Williams LLP, et al. (II) was filed in the Circuit Court for Montgomery County after Judge Hazel dismissed the federal case. Again, Kimberlin did not include all of the federal defendants in the state case. This time he dropped me, perhaps realizing that including me as a codefendant meant that the doctrine of res judicata might shield my codefendants as well. However, he left me in the case as a co-conspirator, so most of the defendants have been dismissed because he should have sued them when he first sued me. I expect that the remaining defendants will be dismissed before Thanksgiving.

Kimberlin v. McConnell, et al. was Kimberlin’s LOLsuit against Senators McConnell and Grassley complaining that they hadn’t moved the Merrick Garland Supreme Court nomination through the Senate and alleging that they had waived the Senate’s right to not advise and consent to the nomination. This was filed in the U.S. District Court, and Judge Hazel dismissed the case sua sponte for lack of standing on Kimberlin’s part. This has also been appealed to the Fourth Circuit Court of Appeals. I have filed a motion to intervene in Kimberlin’s appeal, citing my interest as a party in three of the cases Kimberlin alleges give him standing to appeal.

For the record, I am represented in the Maryland Court of Special Appeals by Patrick Ostronic, and I am represented in the ongoing Fourth Circuit matters by Aaron Walker. Both are assisting me pro bono.

Team Kimberlin Post of the Day


The Cabin Boy™ was editor of Breitbart Unmasked for while before 57F Osborne took over and turned it into Bunny Boy Unread. The site is backed up all the way to a 21 February, 2012 post by The Watchful Avenge called THE OCCUPY UNMASKED LIE. That post is still available on the Breitbart Unmasked Bunny Boy Unread website, but a significant number of posts from the Cabin Boy™ era have been memory-holed. For example, these posts from the last month before Schmalfeldt was fired have been spoliated—

13 Jul WHEN DID FRANZ KAFKA START WRITING MY LIFE’S STORY?
13 Jul JOGGING HOGE’S MEMORY
13 Jul EXPLAINING WHY HOGE IS WRONG ABOUT THE LAW
13 Jul HOGE SEEMS TO BE HAVING A CRISIS OF SPIRIT
14 Jul HOGE’S CRISIS PASSES, WAR CONTINUES
14 Jul CHRIST’S ADMONITION TO HYPOCRITES LIKE HOGE, WALKER AND THEIR SUPPORTERS
16 Jul DESTROYING BRETT KIMBERLIN’S FAMILY
27 Jul HOW LOW CAN YOU GO?
28 Jul 5,000 WORDS OF HATE FROM R. STACY MCCAIN
6 Aug HONESTLY, POPEHAT. I’M BLUSHING OVER HERE
10 Aug ALI AKBAR ANNOUNCES NEWEST PARTNER OF PUNDIT SYNDICATION, LLC—WJJ HOGE

Of course, these are all backed up both online and offline. So has essentially everything that has been posted to the site.

When one buys pixels by the terabyte, a few gigabytes don’t even amount to pocket change.