BREAKING: Judge Titus’ Memorandum Opinion in Convicted Perjurer and Document Forger Brett Kimberlin’s Silly Copyright Case

And the Unsuccessful Amicus Motions I Filed

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 Kimbethomasrlin 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.

Well, dear reader, after our “embarrassment of riches” this morning you are going to be treated with even more legal filings tonight.  Aren’t you lucky?

Certainly Orville Redenbacher is enjoying the windfall.

 

Those who have been paying attention also know that Brett has, remarkably, a third case going right now: an abusive copyright case against Kimberlin Unmasked (KU) alone.  (That is, in addition to his state case and his federal RICO case, which all also name KU as a defendant.)  How do we know it is abusive?  Because 1) lots of people have done what he is complaining about, but he is only suing KU and 2) because it is obvious fair use.  For those that don’t know, you have a right to use other people’s copyrighted work, for purposes such as satire and criticism of that work (subject to a balancing test—this is not legal advice).  And Kimberlin amazingly makes it clear that some of the uses KU has made of his allegedly copyrighted work is fair use.  For instance, here’s a passage from his complaint: “Kimberlin Unmasked alters these photographs by superimposing Plaintiff’s face on to other backgrounds, for example in a Nazi uniform.”  Well, guess what?  That’s at least criticism, if not actual satire.

So it is a frivolous suit and the actual, plain intent was to use this as yet another vehicle at identifying the person or persons who write as KU, with whom Brett has become obsessed.  And it looks like it is crashing down.  John Hoge posted a show cause order that said that Brett had two weeks to explain to the judge why he shouldn’t dismiss the case for failure to serve KU.  But likewise, the court said something about some motions about me appearing as Amicus Curiae,* and so an explanation might be owing.

As I have said repeatedly, the cases come first, the blogging comes second.  And this is an example of that.  Last Tuesday I filed four things in the copyright case but I didn’t announce it because the longer it took for Brett to realize something was happening in the copyright case.  I mean, I served everything I filed on him just as usual, but why tell him about it before I am certain that the mail arrived?  So I was quiet about filing it.

But that is no longer necessary so I can present to you what I have filed.  The first is a motion for leave to file as amicus curiae in that case.

Any person technically can try to file as an amicus, although you have to make the case to the courts that you are going to contribute positively to the deliberation of the issues.  And if you are not the ACLU, the ACLJ, Public Citizen, or even the NRA, you are not likely to be accepted.  But at this point, it was either this or nothing and even if the Judge Titus ultimately did not give me leave to file, I might make some arguments that still might have an impact.  As they say, “you can’t un-ring the bell.”

And bluntly I didn’t have to work too hard writing these things.  As you will see, they are actually kind of a “Frankenstein’s Monster” of other writings all stitched together, sometimes taking stuff I had written before and sometimes lifting arguments from other lawyers in the RICO case, and even borrowing from Beth Kingsley when she was helping me out in the Kimberlin v. Allen litigation over two years ago.  I would say around 30% of each document is original and new writing from me.

So first up you have my motion for leave to file as amicus:

   Motion to Appear as Amicus _Copyright Case

Now I had not been granted leave to file anything, so I could only propose filings that I would file if only I was granted leave to file as Amicus.  So the next three filings are the proposed motions.

First, we have my proposed motion to give KU leave to file anonymously.  That is very similar to the relief I was granted in the Allen case.

   Amicus Motion for KU to File Anonymously

Next up, we have my proposed opposition to his motion to declare Kimberlin Unmasked Served:

   Amicus Opposition to Mot. to Dec. KU Served

Again, these were proposed filings, but by all means in the interests of fairness, we should see what Brett filed:

   Mot. to Find KU Served (Copyright Case)

I did cut out the attachments.  Most of them is are things you have already seen, with the exception of his apparently altered attempt at service, which is discussed in my opposition, so you aren’t missing much.  (And bluntly, if the images in that proposed opposition look familiar, they should.  John gets all credit for catching that one.)

So that is two of the proposed filings.  And the third is a motion to dismiss based on 1) failure of service and 2) failure to state a claim.  And that is, here:

   Amicus MTD

So as you saw over at Hogewash, Judge Titus denied Brett’s motion to declare Kimberlin Unmasked served, and he denied my leave to file as amicus and denied all those proposed motions, etc. as a matter of course.  And here is the short memorandum opinion by Judge Titus explaining his reasoning:

   Memo Opinion

Did what I wrote have any influence?  Bluntly, I have no idea.  Of course if I was eager for self-affirmation I might notice that the judge drew the same conclusion I did: that Brett has no idea who KU actually is.  As I wrote in my proposed opposition: “There is one fact that is manifest on the face of the Plaintiff’s Motion to Declare KU Served and in his Complaint: he doesn’t know anything about who he is suing.”  And here’s what Titus wrote in his Memorandum Opinion:

It is apparent from the pleadings in this case and in the Plaintiff’s most recent motion that the identity of the person making postings on the KimberlinUnmasked blog spot is not known and, while the person maintaining that blog spot may be aware of the action in this case, that person has never been served nor identified in any respect whatsoever.

So similar thought, even if the language is not altogether similar, but, bluntly, it’s also kind of an obvious point, isn’t it?  Even with the identification of this “Lynn Thomas” as potentially being at least the creator of the site, he indicates that he doesn’t actually believe that Ms. Thomas is KU.  As I wrote in my opposition:

Although he doesn’t say it, the Plaintiff apparently does not believe Ms. Thomas is Kimberlin Unmasked.  This is demonstrated by the fact that in his Motion to Declare KU Served, the Plaintiff ubiquitously refers to the Defendant as a man.  See, e.g. ¶ 6 (“In fact, he has even posted the suit” and “on November 3 and 4, 2013, he posted paragraphs from the suit”) (emphasis added).  While (if taken as true) that does narrow down the list of potential defendants by approximately half of the world’s population, it also eliminates the half that Ms. Thomas belongs to.

Truly for all Brett knows, KU has actually victimized Ms. Thomas in some fashion, falsely associating her with the website.  Seriously look how pouty she looks on the right...

When preparing my filings I was faintly amused to discover that there were many Lynn Thomases in the world, including this one who is an... ahem... adult actress.  And that is apparently a picture of her.  So there is a chance that KU is this Lynn (Linn) Thomas pictured, and she is hawt!  So there is that.

Joking aside, the other thing is that the judge is finally dropping the hammer on the period for service of process.  So Brett is going to have to explain to the judge why the case shouldn’t be dismissed automatically.  More work for Brett!  Heh.

So there you have it, folks.  That is part of what I have been holding back for the last few days.  There is one other thing, but now it might not be revealed for a while, because the case comes before the blog.  But let’s just say that I have caught Brett altering another document.

And for bonus points, the court gave its official recognition that Brett knows by now what the rules are.  “The Plaintiff is no stranger to the processes of this Court” as Judge Titus said, a fact that can be used in other cases in the future when he pleads “but I am just a dumb pro se!”

And regardless of how we got here, I am happy with what happened today.  Hey, look, the best outcome would have been for the judge to grant me leave to file as amicus and grant everything I was asking for.  But he proceeded to not grant me leave, but...  still denied that KU was served and set this case on the road to dismissal.  I can only guess if I had any influence over events, but honestly, as long as we get from A to B, “B” being dismissal of this idiotic suit against KU, I don’t particularly care if it was because of what I filed or the judge just decided to do it, sua sponte.  As long as justice is done, the hows and whys are secondary at best.

Anyway, so barring another important breaking development in the cases, we will pick this stuff up again on Monday.  See you then.

Finally, when Brett learns about all of this, can someone hold this up to him?  Thanks.

Always be happy warriors, folks.

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* Amicus Curiae means friend of the court and it basically is a vehicle for third parties, who are not a part of the case, to give their view in the matter.  For instance, in many Supreme Court cases one is likely to see the ACLU or the ACLJ file an amicus voicing their opinion on the matter.  Sometimes this is done to educate the court and illuminate the issues.  And sometimes it is done simply to throw the prestige of the amicus on one side of the issue or others.

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Sidebar: the bomb turban picture above came from a post by IMAO.

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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.

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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.