Team Kimberlin Post of the Day

Sometimes, a blog’s comments are better than the post itself. That was true for the TKPOTD from seven years ago today.

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Last week was a pretty good week. Aaron Walker’s motions to dismiss and for summary judgment were granted in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. The remaining motions in the case will be heard on 10 March. It wouldn’t surprise me if the case is completely over after that hearing.

res_judicata_tshirtJudge Mason threw out all of the claims against Aaron on two grounds. First, he granted summary judgment on all the claims except part of the invasion of privacy nonsense on the basis of res judicata. He also granted summary judgment on the same bases as his motions to dismiss the six defendants who were dismissed back in September. Those includes failure to state a claim upon which relief can be granted and lack of personal jurisdiction for out-of-state defendants. (The court might have had personal jurisdiction over Aaron based on the battery claim, but that was wiped out by res judicata.)

The judge also found that The Dread Pro-Se Kimberlin had failed to state a claim upon which relief can be granted concerning the privacy torts TDPK alleged that weren’t covered by res judicata.

popcorn4bkThe net of this is that TDPK probably has no case left. Each of the other out-of-state defendants can point to rulings for the seven defendants who have been dismissed and say, “Me too!” Ali Akbar and I can point to Aaron’s ruling concerning res judicata and say, “Us too!” (But Ali may not have to bother because TDPK hasn’t served him.)

It will be interesting to see how Team Kimberlin spins out of control between now and 10 March.

Stay tuned.

* * * * *

Several commenters responded with limericks.

Charles Hudson
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,
for his fantasy was but a …

… I can’t quite figure out that last word. Someone help me out here.

Vigilans Vindex
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

So now he’s a case for the DA.

BusPassOffice
And his good friend was a child pornographer
made stories without a photographer
but he preyed on small young boys
with nothing more than filthy noise
And then ran from the gathering stenographers

AJ Fornicarius Hoc
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

But sanctions? Not likely will he pay.

Heh.

Team Kimberlin Post of the Day

TeaTeam Kimberlin The TKPOTD for eight years ago today provided a summary of why Brett Kimberlin would lose the federal claims in the RICO Madness LOLsuit and why he would lose the state claims he tried to keep alive in his RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin wrote in one of his filings that Ace of Spades lawyer was being “hyper technical” by insisting that Kimberlin was suing the entity actually called out in his Kimberlin v. The Universe,et al. RICO Madness complaint rather than a third party. In his omnibus opposition to the motions to dismiss the RICO Madness he claims that we defendants are relying on technicalities rather than facts.ECF 231-2This is ripe for fisking.

<fisking>

Because there is no truth to their defamatory statements …

The reason TDPK lost his state Kimberlin v. Walker, et al. lawsuit was because he couldn’t show that anything we said and wrote about him was false. The doctrine of res judicata prohibits him from retrying those issues related to defamation. He can now longer use any of the evidence that he raised in that trial against Aaron Walker, Stacy McCain, Ali Akbar, or me. Not only that, but he can’t use any of evidence that was available to him at the time that he could have raised but failed to do so.

… they instead ask the Court to dismiss the case for many technical reasons, …

“Technical reasons” means points of law.

… such as, 1) the three year statute of limitations should not apply to the false light claim, …

Yep. It should. The Smith v. Esquire decision that says so is a binding precedent in the District of Maryland. Kimberlin has misrepresented the Allen v. Bethlehem Steel case as being a ruling of the Maryland Court of Appeals which would be a binding interpretation of state law. In fact, it is a decision from a lower court and isn’t binding on the U. S. District Court. Also, TDPK has provided a false citation to the case.

… 2)  defamation and false light cannot apply to Plaintiff because he is a public figure and 3) defamation proof, …

I don’t recall any of the defendant arguing that a public figure can’t sue for defamation or false light, but several of us have pointed out that Brett Kimberlin’s reputation was so bad before we ever wrote or said one word about him that it was impossible to take it any lower. Brett Kimberlin is a convicted serial bomber like Ted Kaczynski (the Unabomber), and convicted serial bombers are notorious public figures with bad reputations.

… 4) the Defendants did not engage in a RICO Enterprise, …

As a matter of fact, we didn’t, and simply say that we did without saying who did what to whom on which day is not a well-plead allegation as required by Federal Rule of Civil Procedure 8.

… 5) the First Amendment allows fair comment …

Yes, it does.

… 6) Defendant Frey did not act under color of law, …

Well, he didn’t, and the U. S. District Court for the District of Southern California ruled that he didn’t in the very similar Naffe v. Frey case. Given that the facts of that case are so similar to the half-baked allegations in the RICO Madness, given that TDPK has not explained why that court got anything wrong, and given the rulings in similar cases by the Fourth Circuit (the next higher federal court to the District of Maryland), Kimberlin doesn’t have much of a case here.

… and 7) the SAC violates the Maryland Anti-SLAPP statute.

SAC stands for “second amended complaint,” and, yes, it does. It has the effect of chilling discussion of a topic of public interest.

Each of these and other arguments is without merit and belied by the facts and law.

Uh, huh.</fisking>

#SMH

* * * * *

And his follow on cases, RICO Remnant; RICO 2: Electric Boogaloo; RICO 3; and Kimberlin v. McConnell, et al. were even more shoddily crafted—and losers every one.

Team Kimberlin Post of the Day

Brett Kimberlin has a thin skin. He included this bit of whining in his omnibus opposition to the motions to dismiss his RICO 2: Electric Boogaloo LOLsuit.Here’s the part of my motion to dismiss that bothered him so.

BTW, a few days after Kimberlin filed that motion to dismiss, a judge in another case found that Kimberlin’s reputation as a perjurer, drug smuggler, and serial bomber was so bad that it was not possible to injure it, and therefore, it was not possible for him to make a valid defamation claim.

His whole lawfare campaign blew up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin has lost every court case he’s filed over the past decade. The TKPOTD for five years ago today took a look at the one of the easily refuted false claims he made.

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One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.

I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.

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AFAIK, Kimberlin has only one case pending, his petition seeking the Supreme Court’s review of the Seventh Circuits denial of an attempt to have some of his Speedway Bomber convictions set aside. Kimberlin has managed to get lawyer to represent him pro bono. We’ll see how the case proceeds.

Stay tuned.

Team Kimberlin Post of the Day

As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” point out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.

The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.

The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.

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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.

No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.

I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.

I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.

TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.

popcorn4bkAnd maybe not.

He is making noises about appealing his loss in the state lawsuit.

Stay tuned.

* * * * *

Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Brett Kimberlin is a slow learner. Even after losing his first state LOLsuit against a group of defendants which included me and his first federal RICO LOLsuit against a larger group of defendants which included me, he refilled the state claims from that federal case against most of the us. Yet Another LOLsuit from seven years ago today was about that second state case.

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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.

* * * * *

He really screwed up by filing that second state case. As part of dismissing the suit for failure to state a claim upon which relief could be granted, the judge found that Kimberlin’s claims for defamation failed because his reputation as an infamous criminal was so poor that he was defamation proof.

Team Kimberlin Post of the Day

Team Kimberlin’s lawfare peaked about six years ago. Of course that meant that their failure rated peaked as well. This was the TKPOTD for six years ago today.

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Last week saw the scales in the blindfolded lady’s hand weigh down further against Team Kimberlin. I believe we will see more of the same this week.

BTW, the blindfolded lady with the scales in one hand and sword in the the other is often identified as the Greek titaness Themis.

* * * * *

Everything proceeded as I had foreseen.

And Team Themis never existed anyplace outside of Brett Kimberlin’s imagination.

Team Kimberlin Post of the Day

Brett Kimberlin does not like to take “No” for an answer, especially from a court that has ruled against him. Yesterday, I posted his motion asking for extra time to file a petition for a rehearing of a failed appeal. The court said, “No, get your paperwork in on time if you want it considered.”

The TKPOTD for six years ago today was about a similar Kimberlin filing in the RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin has filed a motion to stay Aaron Walker’s dismissal from the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit pending the results of TDPK’s appeal of his loss of the Kimberlin v. Walker, et al. nuisance LOLsuit.

The appeal of TDPK’s 2014 loss is now in the Maryland Court of Special Appeal, and a decision is expected in a month or so. TDPK is hoping that a successful appeal would wipe out the use of res judicata as a defense in the RICO Retread case. Even if it did, that wouldn’t help Kimberlin. The case against Aaron was dismissed for res judicata and failure to state a claim upon which relief can be granted. Eliminating only one of the fatal wounds will not make the case any less dead.

#Futile

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The appeal in the Seventh Circuit has a similar issue. Kimberlin was seeking to have some of his Speedway Bombing convictions overturned because they were felonies which caused him various legal disabilities. For example, he can’t serve on a jury. His petition was denied because his other felony convictions (perjury and drug smuggling) would has still exist, so his status as a felon would be unchanged.

Team Kimberlin Post of the Day

It was six years ago today that RICO Retread LOLsuit Dismissed Against Aaron Walker was a headline here at Hogewash!.

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A member of the Vast Hogewash Research Organization has picked up a copy of Judge Mason’s most recent ruling in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit. The case has been completely dismissed with prejudice against Aaron Walker. The bases for dismissal were res judicata and failure to state a claim upon which relief can be granted.

Qapla’!

A copy of the order is en route to Westminster, and I will scan it and post it as soon as it arrives.

UPDATE—Here is Judge Mason’s opinion and order:

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Qapla’ indeed.

Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

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The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

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No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

One of the most disgusting things I’ve seen during the legal wrangling with Brett Kimberlin has been his cruelty. The TKPOTD for six years ago today noted one of his most cruel acts, suing a defenseless stroke victim.

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Late Monday evening, my lawyer was served with a copy of The Dread Pro-Se Kimberlin’s amended complaint in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. I will have no comment on the amended complaint until after I have reviewed it with my lawyer, except that I will note that TDPK is continuing to include Mandy Nagy as a defendant in the suit.

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Mandy was 45 when she suffered her stroke a year before Kimberlin filed the RICO Retread LOLsuit. He knew of her condition when he filed. During a hearing in the case, the judge had asked him why he was suing someone who could not defend herself. Yet, he kept her in the case to the bitter end.

Mandy’s mother reports, “Her physical condition has unfortunately deteriorated somewhat, so that she has more trouble walking. But her cognitive abilities seem to have improved.”

Team Kimberlin Post of the Day

One of the recurring lies that Brett Kimberlin has told about Aaron Walker and me is that we have ever threatened him with violence. The TKPOTD for six years ago today dealt with one of the false claims he made in the RICO Retread LOLsuit.

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This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.ECF 1-65

popcorn4bkThese are what lawyers call conclusory allegations, that is, they are offered with no evidence to support them. TDPK makes those allegations without actually specifying when or where or how we did any of those things. Come Thursday, we’ll see what Judge Mason thinks about them as he rules on the various defendants’ motions to dismiss.

Stay tuned.

BTW, the most recent blog post that I’ve published about a trip to the range was in 2013.

* * * * *

Of course, I occasionally post pictures of targets I’ve shot. Here’s one. Deer season is coming, and this is the result of zeroing my Mossberg .243 Winchester at 200 yards with Hornady 95 gr SST ammunition.I’ve always been the worst shot in the family.

Team Kimberlin Post of the Day

While being sued by Brett Kimberlin was no laughing matter, most of his court filings were risible, The TKPOTD for six years ago today dealt with one of his sillier filings.

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Here’s the opposition to the motions to dismiss that The Dread Pro-Se Kimberlin filed in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

I’m going to leave the comments enabled for this post, but I ask that the Insightful Commenters please refrain from educating the midget. Let the good guys’ lawyers do that at the hearing on 3 September.

popcorn4bkI noted yesterday that TDPK claimed to have served this opposition on the 6th when it appears that he actually sent it to my lawyer on the 8th. If he really did have this opposition finished on the 6th, that may explain why he felt able to take the 7th off to haul The Dreadful Pro-Se Schmalfeldt to the peace order hearing in Westminster. Or perhaps one of the reasons this opposition is such a slapdash bit of nonsense was that he was hurrying to get it done.

Whatever. It wasn’t due to the court until 1 September, but TDPK has left the defendants’ lawyers plenty of time to get over their laughter and formulate our replies.

Stay tuned.

* * * * *

That hearing in September didn’t go well for The Dread Deadbeat Pro-Se Kimberlin. While he was given permission to amend his complaint against me in order to make an viable claim, several of the defendants’ motions to dismiss were granted—and one of the grounds for dismissal was the court finding that Kimberlin’s reputation was so bad that it was not possible to defame him, that he was defamation proof.

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

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Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

* * * * *

Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and it typically hasn’t taken a judge very long to learn that it’s foolish to take Kimberlin’s word at face value. The TKPOTD for four years ago today cites one judge’s skepticism.

* * * * *

The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

* * * * *

At least he’s had the good sense not to sue me for the past few years. Since 2018, he’s been suing the federal government trying to have some of his Speedway Bomber convictions set aside. He failed in the District Court. I’m monitoring his appeal.

Stay tuned.

Team Kimberlin Post of the Day

Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

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Go read it.

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While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longest single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

Team Kimberlin Post of the Day

This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

* * * * *

@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

* * * * *

When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

Team Kimberlin Post of the Day

Brett Kimberlin has made some amazingly stupid statements in the course of his campaign of lawfare. The TKPOTD from six years ago today detailed one of them.

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The Dread Pro-Se Kimberlin has told Judge Hazel that he (the judge) found that Kimberlin’s state law claims were viable. He included this line describing his version of the court’s finding in his most recent letter to the court.ECF 274-p1IANAL, so I’m not sure of the correct legal term is for such a statement, but in engineering it would be referred to as bullshit. The court made no such finding. Here’s what Judge Hazel wrote.ECF 263-p34res_judicata_mugsJudge Hazel’s saying that the state law claims were outside of his jurisdiction and that he intended for the federal court to mind its own business is not the same thing as saying those claims are valid. Indeed, he expressed no opinion on the state law claims other than to note that they might be barred by “res judicata and/or collateral estoppel.” Meanwhile, Maryland Rule 2-101(b) allows a 30-day window to file the claims in a state court after the dismissal by a federal court for lack of jurisdiction. Time is up at close of business on Thursday. If TDPK does file something before the window closes, I look forward to using that suit as further evidence of his vexatiousness.

Tick, tock.

* * * * *

Wishful thinking cannot bend Reality.

Team Kimberlin Post of the Day

Seven years ago today was a busy day here at Hogewash! which resulted in the posting of Team Kimberlin Bonus Post of the Day.

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RICOMadnessThe Dread Pro-Se Kimberlin has filed a combined response to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.BK_ECF29-14As the Gentle Reader might suspect, that mischaracterizes our arguments. I’ve argued that Brett Kimberlin, a convicted serial bomber, has been convicted of multiple infamous crimes and is, therefore, a public figure in the same sense as other convicted bombers such as Ted Kaczynski or Timothy McVeigh. I believe his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is so bad as to render him defamation proof.

Even Bill Schmalfeldt understood that TDPK has a lousy reputation.

Sat Jun 16 22:27:31 +0000 2012, liberalgrouch, 214122056504184832, @Prepostericity If your point is that Kimberlin is a scumbag, I’m way ahead of you on that.  Said so in my blog weeks ago.  I could do

Sat Jun 16 22:28:26 +0000 2012, liberalgrouch, 214122288910577664, @Prepostericity without the condescending bullshit from a fellow blogger, if you don’t mind.  …

#Fail

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Eventually, Judge Mason concurred with my argument that Kimberlin was defamation proof when he found that to be one of the reasons why The Dread Deadbeat Pro-Se Kimberlin had failed to state a claim upon which relief could be granted and dismissed the RICO Retread LOLsuit in state court.

Team Kimberlin Post of the Day

One of the ways that I’ve ridiculed Brett Kimberlin was to begin referring to him as The Dread Pirate Kimberlin after he put up a pirate-themed website called the Bloggers Offense Fund. As time went by, I also tagged him with other The Dread P_____ Kimberlin nicknames where P_____ might be  something likePerjurer or Pro-Se or Performer. Because he has yet to pay sanctions and court costs taxed against him, Dread has been changed to Deadbeat.

The TKPOTD for five years ago today was about The Dread Deadbeat Performer Kimberlin.

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Here’s another silly claim that keeps reappearing in The Dread Pro-Se Kimberlin’s LOLsuits.ECF 135-147

That’s from his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit. It’s repeated word-for-word as paragraph 122 in the complaint in his Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

Ear-plugs“… in order to interfere with Plaintiff’s business relationships and his prospective advantage … as a musician.” Oh, please! Now, I will admit that I have published a review of one of his CDs and that it was unfavorable, i.e., honest. The Dread Performer Kimberlin’s lack of talent is the most significant impediment to his music career. This is not to say that I think he should abandon his attempt at a career in music. This is from my earlier review—

While he didn’t do especially well with the acoustic guitar on Keyhole, Brett Kimberlin is actually a reasonably good guitarist. He probably couldn’t cut it in Nashville or LA, but could make a living in a minor market (such as Seattle) or playing the Holiday Inn circuit. Indeed, the world would be a better place if he did ignore the usual advice and give up his day job.

‘Nuff said.

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Yeah, Seattle might be just the place for Kimberlin.

Team Kimberlin Post of the Day

One of the most easily falsifiable claims made by Brett Kimberlin in the Kimberlin v. Most of the Rest of the Universe, et al. RICO Remnant LOLsuit was … oh, here’s the TKPOTD from five years ago today.

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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.

If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—Pre2010

That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>

The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.

And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.

Whiner.

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If The Dread Deadbeat Pro-Se Kimberlin had never sued me, I would never have argued that he was failing to state a claim for defamation because his reputation as a serial bomber was so bad that there was no way to lower the public’s opinion of him; other defendants wouldn’t have echoed that argument in their motions to dismiss; and no court would have dismissed one of Kimberlin’s LOLsuits on that basis. Now, a court has found that his reputation is so bad that he’s defamation proof.

His worst mistake in all of his litigation was to sue me.

Meanwhile, his latest attempt at relevance seems to be foundering. itstime2020 dot org has essentially no traffic, and the@ itstime_2020 Twitter account still only has two followers.

Team Kimberlin Post of the Day

Ah, the Third of September, a dual anniversary. It was on 3 September, 2012, that a person I then referred to as “Some bozo calling himself the Liberal Grouch” came to my attention by threatening. to sue Aaron Walker for defamation. And on this date in 2015, the first defendants were dismissed from Brett Kimberlin’s RICO Retread LOLsuit. I reported on the 2015 hearing in this post titled A Mixed Bag.

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Here’s a brief summary of this morning’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

The Dread Pro-Se Kimberln was sanctioned for $760 in attorney’s fees because he was a no-show at the previous hearing.

The case was dismissed against Michelle Malkin, Twitchy, Breitbart, Glenn Beck, The Blaze, and Mercury Radio Arts for lack of person jurisdiction.

Aaron Walker was told to refile his motion to dismiss for technical reasons.

TDPK has been given 15 days to try to figure out how to properly amend his complaint to get around my motion to dismiss for improper venue.

More details later.

UPDATE—The dismissals for Michelle Malkin and the others were also based on Kimberlin’s failure to state a claim upon which relief can be granted.

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IIRC, Bill Schmalfeldt never got around to suing Aaron Walker, but Aaron did successfully represent two of the defendants in one of the Cabin Boy’s™ LOLsuits.

Oh, and one of the grounds for dismissal of the RICO Retread LOLsuit for failure to state a claim upon which relief could be granted was that the court found that Brett Kimberlin’s reputation was so bad that he was defamation proof, that is was not possible to defame him.

Meanwhile, the @ItsTime_2020 Twitter account still didn’t have any followers as of 10 pm ET Wednesday evening.

Team Kimberlin Post of the Day

Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

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I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day

And In further Legal News … was posted five years ago today. I believe the motion it contains led to the ruling that essentially gutted any chance that Brett Kimberlin should ever be able to file another viable defamation LOLsuit.

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Here is the motion to dismiss the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit filed on behalf of Michelle Malkin and Twitchy.

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One of the defenses that I had raised against the defamation claim in The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit in federal court was this: Because his reputation was so poor as a result of his acts as a perjurer, drug dealer, serial bomber, etc., Kimberlin was defamation proof. That is, his reputation was already so bad that no truthful thing said about him could further damage his standing in the eyes of the public. When the judge in the federal case dismissed the federal claims in the RICO Madness case, he declined jurisdiction over the state claims (including defamation) and did not rule on them. Thus, there had been no ruling on the merits of my motion to dismiss because it was moot in the federal case.

When TDPK refiled the state claims in state court, the lawyers representing Michelle Malkin and Twitchy added my argument about Kimberlin being defamation proof to the defenses they raised. See paragraph 3 in their motion to dismiss and footnote 2 in their memorandum in support of the motion.

When the Malkin/Twitchy motion was heard by Judge Mason in state court, he granted it, adopting all of its reasoning. In doing so, he found that Kimberlin was defamation proof. When Aaron Walker filed his motion to dismiss, he pointed out the implication of the ruling on the Malkin/Twitch motion, and asked for dismissal for failure to state a claim because Kimberlin was defamation proof. Judge Mason granted the Walker motion, and in his order he more or less said that, yes, he meant to find Kimberlin defamation proof in the first instance and that he was doing it again.

IANAL, and I don’t know that this creates an air-tight defense against any defamation claim from Brett Kimberlin. He still might be able to be defamed by a lie. But it’s been over three years since he filed the RICO 3 LOLsuit, and we haven seen another since it was dismissed. Perhaps he’s come to understand the uphill battle he would have with another defamation case.