Posted on | December 31, 2013 | 25 Comments
— Robert Stacy McCain (@rsmccain) December 31, 2013
Rather than subject you to the tedium of every motion filed in Brett Kimberlin’s two lawsuits — the Maryland suit Kimberlin v. Walker, et al., and the federal RICO suit John Hoge has dubbed Kimberlin v. the Universe, et al. — I’ve opted for occasionally updating you on the process. Most recently (and quite hysterically) Kimberlin filed a motion in the federal case complaining that some of the defendants, in responding with motions to dismiss, were conspiring to ruin his holidays by filing motions to which the rules required him to respond in late December and early January. This was just an outrageous lie, and Kimberlin had the unspeakable effrontery, in making that claim, to name me as part of this non-existent conspiracy when (as he damned well knows) he hasn’t even served me yet in the federal case, and I have therefore not yet filed any motions at all in that case.
My co-defendants John Hoge, Aaron Walker and DB Capital Strategies all replied to Kimberlin’s preposterous claim for a two-month delay (until Feb. 28). However, it appears from a letter the judge in the case issued Monday that he didn’t see either Hoge’s or Walker’s replies. At any rate, this part of the judge’s letter granting an 18-day extension (until Jan. 17) seemed to me rather interesting:
The bloated buffoon Bill Schmalfedlt was huffing and puffing on Twitter about what a huge victory this is for Brett Kimberlin, when obviously it is nothing of the sort. The delay granted is 41 days less than Kimberlin sought, and the judge pretty much puts him on notice: “Cut out your shenanigans and get in line.”
Kimberlin has no plausible excuse for having served only a few of the defendants in his RICO suit against 20 different parties, and certainly he can’t claim that I have avoided service, as I showed up at a hearing in his Maryland lawsuit in November. All he would have had to do was to hand a copy of the federal suit to the Maryland bailiff and had the bailiff serve me. There will be another hearing Jan. 13 in the Maryland case that I also plan to attend, so I suppose Kimberlin can serve me then, if he wishes to save money on postage.
At some point (and I hope we reach this point sooner rather than later), Kimberlin’s litigation will collapse under the weight of its own demonstrable falsity, and everything that transpires between now and then is just prelude to the predictable finale.
— Aaron Worthing (@AaronWorthing) December 31, 2013