CASE DISMISSED!

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Just got the news that Brett Kimberlin’s federal lawsuit against myself and 20 other defendants has been dismissed with prejudice.

UPDATE: For reasons I don’t understand, the court has ruled that one count of Kimberlin’s case against Patrick “Patterico” Frey can proceed to discovery. Troubling.

UPDATE II: From Judge Hazel’s ruling:

For the reasons stated above, the Court will GRANT all of Defendants’ motions to dismiss, except that it will DENY Defendant Frey’s motion to dismiss as to Count II, which will proceed into discovery. Thus, Count I (RICO) and Count III (§ 1985) are dismissed, with prejudice, as to all Defendants. The remaining state law claims (Counts IV, V, VI, VII, VIII, IX, X) are also dismissed as to all Defendants, without prejudice to Kimberlin’s right to re-file in state court, should he so choose.

So, no RICO, and all defendants except Patterico dismissed, he still at jeopardy on one count. As for the rest of us, Kimberlin could still sue everybody in state court. The problem there that Kimberlin has already sued four of us in state court and lost. Without the conspiracy claim to tie us all into a bundle of racketeers (absurd, I know, but such was the theory of Kimberlin’s RICO claim), we would all be individual plaintiffs. I doubt very seriously state court action will follow, but who knows what the Perjuring Pro Se Pipsqueak might do next?

UPDATE III: One of John Hoge’s commenters scanned through the judge’s ruling and culled out the following highlights:

he has failed

Kimberlin has failed

his § 1962(c) claim would still fail

Kimberlin has failed

Kimberlin has failed

his § 1962(c) would still fail

Kimberlin has failed

Finally, Kimberlin has failed

Kimberlin has therefore failed

and, as a result, has failed

he has failed

As discussed, Kimberlin has failed

Kimberlin has not been prejudiced in any meaningful way by his failure

Because Kimberlin has failed

Yeah. I think you get the point.




 

56 comments

  4. UPDATE:
    For reasons I don’t understand, the court has ruled that one count of Kimberlin’s case against Patrick “Patterico” Frey can proceed to discovery. Troubling.

    It’s the only claim he came close to pleading properly. The rest of his arguments were 100% crap, even with the assumption that his claims were true. Now, it’s on him to prove it, which should be full of laughs. Hazel seems to have missed that his own exhibit proves he lied about the “threat.”

    I’m thinking of a couple of reasons that might be why Judge Hazel let it stand:

    1. By not dismissing all of it, Hazel gives himself some defense against prejudice on appeal, which the little turdburglar will surely file.

    2. I forget what the second one is, but maybe Jeff Goldstein knows.

  5. CONGRATULATIONS! Does this mean that you and your fellow defendants are now allowed to get together and harass him?

  6. I am dissatisfied, but it’s something. karma rewards…hazel just got saddled with a new Kimby suit with a list of defendants as long as the Missouri River, and nearly bottomless insanity…the whiny, self-important kind.

  8. I don’t understand Hazel, either. I’d think that the main perq in being a judge would be getting to say “Get out of my courtroom and if I ever see you here again, I’m going to lock you up and throw away the key.”

  12. Is he guaranteed to get the same judge?
    I read as much of the complaint as I could bear, (9 pages). Isn’t it usual to submit something akin to facts other than the existence of the defendants in these documents?

  13. Well, the official spin from Kimberlin’s mouthpiece site, BU, is that this was a great victory. After all, Patterico wasn’t dismissed, and he was the big fish that Kimberlin was after all along!

  14. w00t!

    Looks like poor Bill Schmalfeldt picked the wrong week to make predictions. Seriously, Bill? Your defamatory “RICO Racketeers” (oh, you think that’s not about to blow up in your stupid, fat face? Think again, Chumley. Ha. Ha. And motherfucking HA!!) just walked away from your “excellent friend’s” oh-so-epic and INEVITABLE FAIL. It was worthy of your skills, except the puny pro se pedo at least had the guts to follow his stupidity all the way down to bottom of the cliff. Not like you, you nutless coward.

    Thank God your turn is coming.

  16. He apparently won’t stop until that happens. He’s suing what appears to be a large law firm and the US Chamber of Commerce. Let’s hope they don’t settle.

  17. I know it’s been many moons since I’ve left a comment here, but today’s a very important day. Today is a day of victory, and one that is well deserved. Congrats, Stacy!

  18. Yeah. But since that’s evidently never going to happen, I figured this would be the next best thing.

    There ought to be a rule that a person can only file, say, 3 lawsuits in their life, so they better choose their battles carefully.

    Not that I’m really supportive of new rules generally, but this case has shown that it’s necessary. Or at the least, some sort of numeric guidelines that define “vexacious”. And psychopaths can’t file at all.

  21. I hope they don’t settle either. And I tell you, if I worked for that law firm, I’d see Kimberlin in court and completely disassemble his a$$ like a Lego castle, brick by brick. And I’d do it just for laughs. Seems like it would be an easy win, and good practice for a young associate at said law firm.

  22. If you look at the order carefully, the judge makes clear that the option to file in state court is subject to res judicata and collateral estoppel.

  24. Aren’t some of the new defendants also old defendants or listed as whatever the equivalent of un-indicted co-conspirators in a tort, are called? It seems to me I’ve heard the rantings about the Chamber of Commerce and HB Gary before.

  27. OK, I hit a search engine. I *think* I understand this — the rulings of other courts apply, so today’s ruling could influence the state court analysis.

  28. Congratulations, Mr. McCain.
    And all the others.
    I just hit Patterico’s tip jar for his continued time, energy and expenditures.

  32. Kimberlin has already lost on these claims in state court. In fact, he’s appealing that loss now. He’s toast in state court.

  33. Wonderful news, Stacy! Now let’s continue to support Patterico on this last piece of nonsense .

    I have to confess I don’t feel a whole lot of sympathy for the US CoC with their crap they’re pulling pushing amnesty, but support for the rule of law has to put me on their side however reluctantly.

  34. Now they have something better to do. Call me a cynic but I suspect that when comes to squashing bugs or saving a ton of money they’ll go for saving money.

  35. Congratulations! Patterico still needs our prayers and all of you still need to work together because TDPK will continue this nonsense. He has promised to do so. G-d bless you Stacy and your family.

  36. Yes it is!

    Of course, once Chuck Norris explained how he wanted the vote to go, it could only have turned out exactly that way.

  41. Kimberlin’s life must be one never ending kick in the nuts.

    He’s probably insulated by a total lack of self awareness though.

  44. Which means they will support amnesty and unbridled immigration. They really don’t care if the immigration is legal or illegal, just so long as they can keep wages depressed.

  46. Since the CoC is pushing lawlessness in immigration (they are very high on amnesty), rule of law compels me to oppose them, and anyone in their pay, which is most of the GOP establishment and the entire DimoKKKrap party.

  48. Judges are assigned randomly. It is just karma that the new case got assigned to Judge Hazel.

    We are that most closer to TDPK being designated a vexatious litigant.

  50. Well except for all the creeping on underage females he admits to in his autobiography and his songs. Ewwwwww

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