The Dread Pro-Se Kimberlin has filed a motion seeking to have the dismissal of his RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit declared final. That would allow him to file an appeal with the Fourth Circuit Court of Appeals without having to wait for the disposition of his remaining claim in the case, which is now the Kimberlin v. Frey, RICO Remnant LOLsuit.
Aaron Walker isn’t in such a hurry.
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.
The Gentle Reader who has been following the details of the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit winding its way through the Circuit Court for Montgomery County may remember that the motions to dismiss from served parties were due last Friday. Aaron Walker has been filing motions since a few days after The Dread Pro-Se Kimberlin filed the LOLsuit last April. I filed my motion to dismiss in a timely manner after I was served. Erick Erickson and RedState have filed a motions to dismiss, and so has Breitbart. Glenn Beck and his companies have filed as well. As near as I can tell, that’s all the parties that have actually been served. Additionally, Michelle Malkin and Twitchy have filed even though they have not been properly served.
Aaron has published his motions over at Allergic to Bull. Here’s the motion to dismiss for failure to state a claim upon which relief can be granted and lack of personal jurisdiction filed for Erick Erickson and RedState.
I’ve already published the Malkin/Twitchy motion to dismiss. I’ll have some of the others up over the next few days.
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.
Yesterday evening, I noted that The Dread Pro-Se Kimberlin’s motion for alternate service on several of my codefendants in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit had been denied. I now have a copy of the order denying the motion and the exhibits the TDPK filed along with his motion.
I ran the tracking numbers from the certified mail green cards and found that restricted delivery had not been paid for (but, of course, the boxes are checked on the cards). Also, the envelopes show insufficient postage for restricted delivery.
That the Dog returns to his Vomit and the Sow returns to her Mire,
And the burnt Fool’s bandaged finger goes wabbling back to the Fire …
First, the Circuit Court for Montgomery County has denied The Dread Pro-Se Kimberlin’s motion for alternate service on a whole bunch of defendants in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.Second, Judge Hazel is moving things along in the Kimberlin v. Frey RICO Remnant LOLsuit.
IANAL, but from my point of view, Judge Hazel’s order is a mixed bag. Although he has warned some of us that he is unlikely to grant a Rule 11 motion against TDPK, he has left the door open for a properly drafted, persuasive motion. Also, he has left the door open for Intermarkets to file a narrowly tailored protective order relating to TDPK’s subpoena for information concerning Ace of Spades.
UPDATE—There were some other interesting events today, but I won’t be able to discuss them publicly until I have verified certain information.
UPDATE 2—Ace-a-lanche! Welcome Ace of Spades HQ readers! Thanks for stopping by. Please click on the Home page link in the menu bar and scroll around a bit.
The Dread Pro-Se Kimberlin filed a motion seeking a subpoena in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit directed to Intermarkets, a company that handles blog advertising, concerning the identities of the blogger Ace and the Ace of Spades blog.
His similar request in the Kimberlin v. The Universe, et al. RICO Madness was unsuccessful, and he his filed another such request in the Kimberlin v. Frey RICO Remnant LOLsuit.
The Maryland Rules require that a party filing a court paper such as this motion must serve a copy on every other party. As you can see from TDPK’s certificate of service, he only served a copy on the lawyer for Intermarkets. None of the defendants or their lawyers were served. My lawyer obtained this unsigned copy only after pinging Kimberlin. However, the lack of proper service is the least of the defects with this motion.
The Dread Pro-Se Kimberlin has not shown up for the hearing yet. They are trying to find him.
UPDATE—The hearing was continued until 3 September when it will be combined with hearings on motions to dismiss. TDPK must have all of his oppositions to all of the motions to dismiss filed not later than 1 September.
UPDATE 2—You know, it’s possible that I have visited more than one courthouse today.
There is a scheduling hearing on the docket of the Circuit Court for Montgomery County this morning in the Kimberlin v. Almost the Whole Universe, et al. RICO Retread LOLsuit. Scheduling hearings are usually just a quick meeting between the lawyers and the judge to set some due dates for things like discovery, notifications about witnesses, and the like. Today’s hearing may have a few extra … um … features.
The Gentle Reader may have noticed that I haven’t written much about this particular case. Frankly, my lawyer and I have been waiting to see what The Dread Pro-Se Kimberlin was and wasn’t going to do. We’ve had no reason to tip our hand at this stage of the case. However, some things may come out in court this morning. If they do, I’ll write about them.