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.

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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.

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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.

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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.

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

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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.

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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

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

Murum aries attigit.

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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.