The Other McCain

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Motions, Motions, Motions — Judge Grants Brett Kimberlin a Delay

Posted on | December 31, 2013 | 26 Comments

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.



26 Responses to “Motions, Motions, Motions — Judge Grants Brett Kimberlin a Delay”

  1. scarymatt
    December 31st, 2013 @ 6:03 pm

    I think it is a victory for Kimberlin. I’m not convinced BS understands why it’s a victory, though. Drag stuff out as long as possible…let defendants continue to accumulate legal bills…

  2. AMartel
    December 31st, 2013 @ 6:11 pm

    It’s not a “victory” if the judge expressly rejects the moving party’s reasoning and only grants, in part, to save court time and resources. For those of you new to the legal system, the court’s time and resources are more important than yours.

  3. Sarahw
    December 31st, 2013 @ 6:31 pm

    The judge gave him a little slack, gave him modest wiggle room he would have for anyone with a half-excuse; but he didn’t know kimberlin had lied to him, or that kimberin and was already on notice us a parallel suit for screwing around with dilatory filings and service, and he probably doesn’t know Kimberlin’s long history of monkeying around with service or quite comprehend his capacity for false dealing and forgery.

    I don’t know if the motions are going to undo what’s done, and kind of doubt it. But I don’t doubt that the judge won’t appreciate abuse of his generosity.

  4. robertstacymccain
    December 31st, 2013 @ 6:47 pm

    Actually, no. I mean, Walker and Hoge are defending themselves pro se and, while lawyers are handling the defense for the Franklin Center and DB Capital Strategies, I get the impression that this is not an extraordinary expense for either of them. The other defendants in the federal suit have yet to be heard from — because I think few of them have been served — but the suit has enough obvious flaws that I don’t think anyone is really sweating it. Therefore, if Kimberlin thinks his delays are imposing expenses on the defendants, he’s mistaken. As usual, I suspect, Kimberlin is just being a pest for the sake of being a pest, and I think his claim that he’s negotiating with an attorney to represent his RICO suit is just talk.

  5. Evi L. Bloggerlady
    December 31st, 2013 @ 6:49 pm

    It is hardly what one would call a “victory” for Kimberlin. But curious why the Judge did not see Walker and Hoge’s responses given they get filed digitally?

    If there is a problem with filing, better to identify it now and fix it. I am sure Hoge and Walker are on it.

  6. cubanbob
    December 31st, 2013 @ 7:09 pm

    Spot on. The court gave this putz a deadline to put up or shut up. He won’t because he can’t and the court will toss this trash away. The next question after this crap complaint is tossed is whether or not the defendants can seek damages for malicious and or baseless prosecution.

  7. BobBelvedere
    December 31st, 2013 @ 8:09 pm

    RT @smitty_one_each: TOM Motions, Motions, Motions — Judge Grants Brett Kimberlin a Delay #TCOT

  8. Stogie Chomper
    December 31st, 2013 @ 7:10 pm

    Considering the strength of the legal arguments in the motions to dismiss, I don’t see how Kimberlin has a prayer of refuting them. Another couple of weeks aren’t going to save him, because he doesn’t have a case.

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  10. Evi L. Bloggerlady
    December 31st, 2013 @ 7:41 pm
  11. rmnixondeceased
    December 31st, 2013 @ 8:22 pm

    EMERGENCY MOTION TO RECONSIDER that is appended to the final Pacer filing in force?

  12. richard mcenroe
    December 31st, 2013 @ 8:24 pm

    MD judge, dude, I warned you….

  13. slp
    December 31st, 2013 @ 9:56 pm

    The judge is putting Mr. K on a short leash. K has until January 10 to explain why he has not served the other defendants.

    The judge wants to see all the motions to dismiss ASAP so that he can rule on those motions.

  14. WJJ Hoge
    January 1st, 2014 @ 12:34 am

    IANAL, so I can’t file digitally. I have to file either by mail or by schlepping down to the courthouse in Greenbelt (It’s just over 100 miles round trip.) The motion to strike I filed on Monday and the emergency motion for reconsideration I filed Tuesday were hand carried to the Clerk’s office.

    The judge acted reasonably by considering The Dread Pro-Se Kimberlin’s motion on the day that his first response was due, but TDPK misled the court by lying about serving defendants. Aaron Walker and I have filed out motions to reconsider to alert the judge of the fraud Kimberlin has perpetrated on the court.

  15. WJJ Hoge
    January 1st, 2014 @ 12:35 am

    It’s a draft order for the judge’s consideration.

  16. Adjoran
    January 1st, 2014 @ 1:07 am

    Many businesses and some nonprofits have their counsel on retainer, based on what their usual fees will be in any given year. If the fees haven’t consumed the retainer in their fiscal year, and don’t appear likely to, these minor duties would be at no extra cost.

  17. Adjoran
    January 1st, 2014 @ 1:10 am

    Nothing would help the greater cause more than Kimberlin seriously pissing off a couple of judges. If he is ever tagged with the “vexatious” label, his filings would need pre-approval from an administrative judge in most states, with a serious eye towards avoiding frivolous and repetitive filings.

  18. Quartermaster
    January 1st, 2014 @ 1:21 am

    Which is which? It’s hard to tell.

  19. Quartermaster
    January 1st, 2014 @ 1:24 am

    IANAL means what?

  20. Dandapani
    January 1st, 2014 @ 3:32 am

    I Am Not A Lawyer

  21. rmnixondeceased
    January 1st, 2014 @ 7:20 am

    Thanks for the clarification John! I had my hopes up for a moment there …

  22. Mm
    January 1st, 2014 @ 8:54 am

    Kimberlin cannot personally serve you. It’s against the Rules of Civil Procedure, and constitutes invalid service of process. He can’t hand it to the bailiff to serve it to you, either, because he needs PROOF of service. “He said he did” is not proof.

  23. AMartel
    January 1st, 2014 @ 6:33 pm

    A remarkable likeness!

  24. Dianna Deeley
    January 1st, 2014 @ 6:50 pm

    You think, as do I, that this is about wearing the opposition down? That is what I have been thinking.

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