Team Kimberlin Post of the Day

All of the claims that Brett Kimberlin made against me in his various LOLsuits and criminal complaints were false. That caused the two that made it as far as a trial to be thrown out when Kimberlin rested his case, granting my codefendants and me a directed verdict in our favor. It caused the other claims in that case to be dismissed at summary judgment. The TKPOTD for seven years ago explained why that happened.

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Sometimes in a lawsuit there may be point where the “facts” don’t have to go to trial. That may be because the parties agree to what the facts are. Or it could be because one side may take the position that even if the other side’s version is correct, it doesn’t effect the case. Or it could be because one side’s “facts” are clearly untrue. In those instances, the court will rule on the case as a matter of law. That procedure is called summary judgment.

As an example, here’s a claim from The Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. Walker, et al. nuisance lawsuit.BKvAWetal 58-61We defendants disputed those allegations, but we asked for a summary judgment in our favor as a matter of law because even if everything TDPK alleged were true, it didn’t add up to the tort of malicious prosecution.

The judge agreed with us and dismissed the claim. That was a judgment on the merits in our favor, that is, the court found that we had not engaged in malicious prosecution.

Brett Kimberlin has filed over a hundred lawsuits, and he’s lost almost every one. Incompetent pleading like the mess above is one of the principle reasons why he fails.

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Nome of his other LOLsuits against me survived motions to dismiss for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin lost the last bit of his Kimberlin v. Walker, et al. nuisance lawsuit last Tuesday, but most of it was put to rest during a hearing on 1 July. During that hearing, Judge McGann denied TDPK’s motion for summary judgment against my codefendants and me, and he granted our motions for summary judgment on five of the seven count of TDPK’s suit. The judge also ordered him to comply with discovery.

This transcript of the hearing shows how ineptly he has presented his case throughout the litigation.

Team Kimberlin Post of the Day, 10 AM Edition

It’s time for the hearing to start in the Circuit Court for Montgomery County on motions in the Kimberlin v. Walker, et al. nuisance lawsuit. Here’s what’s left of The Dread Pro-Se Kimberlin’s complaint after the last hearing.

We’ll see if there’s anything left at all later today.

Stay tuned.

Team Kimberlin Post of the Day

Here’s a bit of wishful thinking from the Dread Pro-Se Kimberlin—ECF 175-para2That’s the second paragraph of the letter he sent to Judge Hazel asking for more time to file for a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness. What he doesn’t tell the judge is that there’s a hearing in the state case this Thursday on a preliminary injunction in that case. If it’s not granted, that should pretty much chop the legs out from under a similar motion in the RICO Madness. The hearing on Thursday will also deal with motions for summary judgment on the remaining counts in the state case. If we prevail on those motions, there will be not trial. That should result in essentially all of TDPK’s defamation and false light claims in the RICO Madness going away because of collateral estoppel.

Milk DudsSo Thursday could be a very big day. The Gentle Reader should stock up on popcorn, Jujubes, Raisinets, or Junior Mints. And if those don’t strike your fancy, Hogewash! is now offering Milk Duds via Amazon.

Stock up, and stay tuned.

Team Kimberlin Post of the Day

It will be a busy week.

The first part of the week will be spent preparing for Thursday and Friday.

There’s a hearing scheduled on Thursday in the Kimberlin v. Walker, et al. nuisance lawsuit in the Circuit Court for Montgomery County. There are two main issues to be considered. First, The Dread Pro-Se Kimberlin has filed for a preliminary injunction asking for prior restraint on my codefendant’s and my First Amendment rights to publish. Second, Aaron Walker, Stacy McCain, and I have filed new motions for summary judgment on the remaining two claims in the lawsuit.

On Friday, paperwork supporting my position for the settlement conference in the Hoge v. Schmalfeldt copyright case is due to Judge Sullivan.

Stay tuned.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin had a terrible, horrible, no good, very bad day in court on 1 July. This extract from pp. 49 and 50 of the transcript of that hearing transcript in the Kimberlin v. Walker, et al. nuisance suit captures the general flavor of that day—

THE COURT: Now — okay. So what you’re saying is judge, he hasn’t given me any of this. The motions are right because this is all we have.

MR. OSTRONIC: This is all anybody has.

THE COURT: We have a bare bone pleading —

MR. OSTRONIC: This is all you’re going to see, this is all I have, this is all he’s provided.

THE COURT: Barebones pleading and the pleadings are insufficient.

MR. OSTRONIC: Yes, your honor.

THE COURT: On the remaining counts.

MR. OSTRONIC: Yes, your honor.


THE COURT: And the plaintiff is saying I haven’t given you those documents because there’s too many. That’s what I’m kind of hearing.

MR. OSTRONIC: Your honor —

THE COURT: Right, Mr. Kimberlin?

MR. KIMBERLIN: Well I filed for a protective order. And I said, number one —

THE COURT: Your brought the action, sir.

MR. KIMBERLIN: I know. I’m saying protective order for — against discovery.

THE COURT: What are you trying to protect?

MR. KIMBERLIN: Against —

THE COURT: You’re saying that this is the most outrageous thing in the world, all of these tweets daily, threaten you, saying that you’re a rapist, you’re a pedophile, you’re a perjurer, you’re this —


THE COURT: — you’re worse than Al Capone.


THE COURT: And yet you offer no proof of all of this defamatory documents to the defendant.

MR. KIMBERLIN: Your honor —

THE COURT: And you want him to go to trial and just have you stand up and tell the jury that you’ve gotten all those things out there, and you think that’s going to be sufficient?

popcorn4bkIt’s entirely possible that much worse days are ahead for TDPK. He has no credible evidence to support any of his claims. Meanwhile, the evidence on the other side of each of his three lawsuits is snowballing.

Stay tuned.

Team Kimberlin Post of the Day

Sure enough, there’s dirty work afoot.

However, I can’t report on the details of the amazingly stupid stunt that The Dread Pro-Se Kimberlin pulled yesterday. First, I don’t have all the information necessary, and, second, the fact that I don’t relates to the abject stupidity of his action.

All I can say for now is that TDPK must have finally figured out how desperate his situation really is.

Investment Tip: Buy popcorn futures.

Team Kimberlin Post of the Day

Judge McGann threw out five of the seven claims for relief in the Kimberlin v. Walker, et al. nuisance lawsuit on Tuesday morning. He also denied The Dread Pro-Se Kimberlin’s motion for summary judgment against the defendants.

I have held off publishing either sides filings related to yesterday’s hearing until after the judge ruled. Now that TDPK’s motion for summary judgment has been denied, I’ll comment on it.

But first let me explain to those of you with your hands raised about what a summary judgment is.

A summary judgment is one entered by a court for one party and against another party without a full trial. It’s a determination on the merits based upon the court’s finding that there are no disputes of material fact requiring a trial to resolve and that in applying the law to the undisputed facts, one party is clearly entitled to judgment. In plain English that means that yesterday the judge found that there was no question that both the facts and the law were against Kimberlin’s claims for relief related to abuse of process and malicious prosecution, conspiracy to abuse process, intentional infliction of emotional distress, harassment, and stalking.

In order to establish the elements of malicious prosecution, TPDK needed to allege that the criminal complaints filed against him were without probable cause and were filed with malicious intent. He did not allege either with sufficient particularity for the judge or the defendants to know what acts the defendants might have committed that resulted in his claimed tort.

He had a similar problem with his allegation of conspiracy to abuse process. He also could not overcome the fact that conspiracy is not, itself, a tort.

He did not allege the elements of intentional infliction of emotional distress with sufficient particularity for the court understand the nature of his distress or what damages he might have suffered. Pleading severe butthurt was a non-starter.

The claims for stalking and harassment were thrown out very early in the hearing after it was pointed out that there are no such torts and after TDPK admitted he could cite no case law supporting his claim.

popcorn4bkThe counts related to defamation and false light invasion of privacy still survive. For. Now. TDPK hasn’t provided any of the discovery related to those claims, and the sanctions imposed by the court will prohibit him from introducing any related evidence if he has not complied with discovery by 10 July.

Stay tuned.