This is the latest post in what I half-jokingly
call The Kimberlin Saga®. If you are new to the story, that’s okay! Not
everyone reads my blog. The short
version is that Kimberlin has been harassing me for over two years, his worst
conduct being when he attempted to frame me for a crime. I recognize that this might sound like an
incredible claim, but I provide video and documentary evidence of that fact; in
other words, you don’t have to believe my word.
You only have to believe your eyes.
So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.
That’s not a
quote, but an interpretation of the subtext of Judge Grimm’s most recent letter
order. Yes, dear reader, if you have been
following at Hogewash you have seen bits and
pieces of the order. But let me give you
the whole thing and then my commentary on it, below the fold:
So let’s start
with Bill Schmalfeldt’s dumb letter from last week, which I shared with you, here. That was thrown out and most likely
forgotten. Bill has already sent a
second letter to the court and it is already
being returned, most likely unread.
As it was, it was utterly useless as information.
Next up, Brett
got his motion to amend his complaint. I
hadn’t reported on this, yet, but Brett filed a notice of intent to file for
leave to amend and this order just treated it as a motion for leave and granted
it. That is undeniably disappointing,
but the federal rules do heavily favor granting such amendments. That means for now he will be allowed to add
Twitchy as a party and he has threatened to add new parties and new causes of
action. Then again, every single time he
has added new allegations, he has failed.
So he gets to amend, but I am guessing he won’t be able to write a new
complaint that will pass muster. And the
judge has made it clear that this is the last amendment, stating that no
further amendments will be allowed after March 7.
But and that
might be only a fleeting victory. The
judge also asked Brett to show cause why he shouldn’t be sanctioned for his
forging of a summons. And one of the
forms of relief that Twitchy’s counsel is seeking is dismissal of the
case. In theory the judge might dismiss
the whole thing. A Plaintiff is never
off to a good start when he has to explain to the judge why he shouldn’t be
sanctioned.
Next up, the
judge looked at John’s motion to require an amended status report and it was
denied for lack of standing. Basically
he is saying John doesn’t have standing to challenge anyone’s service but his
own. I respectfully disagree with that,
but oh well. And for the same reason the judge refused my and John's attempt to remove the unserved parties from the case. But nothing stops the judge from deciding to do so on his own, and as is often said, "you can't un-ring that bell." He might not have granted our motions, but he is on notice that Brett has not served them and it has been more than 120 days.
Then he looked
at my motion to strike various filings from Brett. I will say I was looking for two forms of
relief: 1) having the entire documents struck, and 2) having all new
allegations ignored. The judge denied
the first form of relief, but that is admittedly the most extreme form of
relief. As for the second form of
relief, the judge wrote:
The
propriety of Plaintiff’s filings with respect to the myriad pending motions to
dismiss will be determined in the course of ruling on those motions, and not before.
And at the motion to dismiss stage, a court must accept the facts alleged in
the complaint as true.
So when he considers
the motion to dismiss, he will determine whether it is proper for Brett to have
filed what he filed. And he noticeably
said that the court must accept the facts in
the complaint as true. This isn’t a
case of clear echoing of language as we have seen in the past, but let’s
remember what I wrote in the Motion to Strike that he is refusing:
the Plaintiff has attempted to amend his complaint without following that
procedure by making scores of additional allegations in his Oppositions.
This is improper. Ashcroft v. Iqbal stated that “[t]o
survive a motion to dismiss, a complaint
must contain sufficient factual matter, accepted as true, to state a claim to
relief that is plausible on its face.” 556 U.S. 662, 678 (2009) (emphasis
added). A “complaint” must do this, not
a “complaint and opposition” or a “complaint and anything else he has filed.” By alleging new facts and even alleging a new
predicate act under RICO, the Plaintiff has improperly attempted to amend his
complaint.
So by
noticeably saying that he must judge it based on what is in the complaint he
seems to be saying (in my opinion), “Don’t worry, Mr. Walker, I am not going to
consider his new allegations anyway.”
Except of course what is in whatever amendment he has filed, but that
would be proper.
Next up, we
have Brett’s motion to reconsider the judge granting me leave to amend the
complaint. Yes, this
stupid and whiny thing. Of course he
already filed a
bigoted opposition, and you saw my reply.
I don’t have
to tell you that the judge was going to deny me leave to file the excess pages. That was a foregone conclusion. I am at a loss to imagine any hypothetical in
which leave wouldn’t be allowed. But the
devastating part of the judge’s reasoning is this:
First,
contrary to Plaintiff’s assertions, I do not find that Walker is representing
to the Court that he is a Maryland attorney, see Pl.’s Mot. to Reconsider ¶ 6. He clearly identifies himself as having a Virginia
bar number only, and the docket identifies that he is unrepresented.
In other words,
the court called bullsh__ on that as well as his whining that I am supposedly
inciting violence against him by... accurately quoting him and reporting on his
misconduct. This was frankly a motion he
was stupid to have filed and may have done him damage.
Indeed, I find
equally interesting what the judge didn’t say.
He didn’t address my mocking of Kimberlin, he didn’t address whether
this was discourtesy toward Kimberlin,
and he also didn’t address Brett’s bizarre
claim that I am not allowed to represent myself. He evidently didn’t even think they deserved
a response, that is how little he thought of them.
Finally the judge
is trying to cut down on the number of filings and thus the orders related to
case management. Combined with the judge
more or less saying earlier that he recognized that the Plaintiff can only make
allegations in a complaint, I get the summary that I made the title of the
post: “Okay, enough, I get it already!
He’s a scumbag. He is forging
documents. He’s trying to improperly
make new allegations in his reply. You
don’t have to keep telling me! I get it!” If that is what he is saying it is perfectly
human and perfectly fine.
So Brett gets
one last chance to maybe save the suit.
And that is assuming the judge doesn’t really drop the hammer on him for
forging a summons and dismiss the whole thing.
And even if the judge doesn’t, any sanction he does impose could cause
problems in ways that I can’t share with you just yet... because I am counting on Brett making even
more errors. Never interrupt your opponent
when he is in the middle of making a mistake (as
a famous man didn’t quite say).
Hey, I was
hoping to hear the judge finally tell him the case was dismissed with
prejudice, and even ask the marshals to take him away for obstruction of
justice and mail fraud, but... this
outcome, while not nearly as awesome, is still hopeful. Dr. King once said, “[t]he arc of the moral
universe is long, but it bends towards justice.” The same can be said about our Federal
Courts. Justice will prevail, but
perhaps not as quickly as we might hope.
---------------------------------------
My wife and I have lost our jobs due to the harassment of convicted terrorist
Brett Kimberlin, including an attempt to get us killed and to frame me for a
crime carrying a sentence of up to ten years. I know that claim sounds fantastic, but if you
read starting here,
you will see absolute proof of these claims using documentary and video
evidence. If you would like to help in
the fight to hold Mr. Kimberlin accountable, please hit the donation link on
the right. And thank you.
Follow me at Twitter @aaronworthing,
mostly for snark and site updates. And
you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel:
A Novel of Alternate, Recent History here.
And you can read a little more about my
novel, here.
---------------------------------------
Disclaimer:
I have accused
some people, particularly Brett Kimberlin, of reprehensible conduct. In some cases, the conduct is even
criminal. In all cases, the only justice
I want is through the appropriate legal process—such as the criminal justice
system. I do not want to see vigilante
violence against any person or any threat of such violence. This kind of conduct is not only morally
wrong, but it is counter-productive.
In the
particular case of Brett Kimberlin, I do not want you to even contact him. Do not call him. Do not write him a letter. Do not write him an email. Do not text-message him. Do not engage in any kind of directed
communication. I say this in part
because under Maryland law, that can quickly become harassment and I don’t want
that to happen to him.
And for that
matter, don’t go on his property. Don’t
sneak around and try to photograph him.
Frankly try not to even be within his field of vision. Your behavior could quickly cross the line
into harassment in that way too (not to mention trespass and other concerns).
And do not
contact his organizations, either. And
most of all, leave his family alone.
The only
exception to all that is that if you are reporting on this, there is of course
nothing wrong with contacting him for things like his official response to any
stories you might report. And even then
if he tells you to stop contacting him, obey that request. That this is a key element in making out a
harassment claim under Maryland law—that a person asks you to stop and you
refuse.
And let me say
something else. In my heart of hearts, I
don’t believe that any person supporting me has done any of the above. But if any of you have, stop it, and if you
haven’t don’t start.
No comments:
Post a Comment