Patterico's Pontifications

8/12/2014

Motion to Dismiss Brett Kimberlin’s Absurd RICO Lawsuit Against Me and Over 20 Others

Filed under: General — Patterico @ 12:17 pm

The motion was written by Ron Coleman (from Likelihood of Confusion), who has asked me not to comment on it. I will disregard that advice only to praise Ron for the excellent job he has done here. If you have any questions about this lawsuit, many of them will be answered in this document.


Ron’s entry on this at his blog is here. You can follow him on Twitter here.

Comments are open.

UPDATE: I should also acknowledge that a great deal of help in the way of research and commentary was provided by Kenneth P. White (Ken from Popehat), and by Bruce Godfrey, who is acting as legal counsel in a pro bono capacity (Ron and Ken also did what they did pro bono). The world is a better place because people like this exist.

31 Responses to “Motion to Dismiss Brett Kimberlin’s Absurd RICO Lawsuit Against Me and Over 20 Others”

  1. Ding.

    Patterico (e102e4)

  2. It’s amazing how much ground this covers efficiently. That’s a skill I’ve never had. The difference between the very good briefs and the not so good is profound in this particular series of cases. It is so easy to get lost in the endless episodes and ugly details. The ability to take a step back and focus this discussion properly is absolutely invaluable, and why everyone involved with this case is better off with an attorney. But do what he says, my friend!

    Best wishes to you and Mandy. Many stand with you.

    Dustin (7f67e8)

  3. Ken at Popehat provided slightly more than a lump of clay to get this started.

    A lot slightly more.

    Thank you however for your kind words, Pat. Now go back to shut up.

    Ron Coleman (aa8da2)

  4. And, Dustin, thank you, too. Can I quote you to all my clients?

    Ron Coleman (aa8da2)

  5. Just learned the word “contumacious” by reading this motion. The education one receives by regularly reading Patterico.

    JVW (638245)

  6. I don’t have enough praise for this.
    So I will just “ditto” Dustin.

    SarahW (267b14)

  7. Maybe I’ll risk a praise; my breath caught and I began to choke up. Because, finally.

    SarahW (267b14)

  8. UPDATE: I should also acknowledge that a great deal of help in the way of research and commentary was provided by Kenneth P. White (Ken from Popehat), and by Bruce Godfrey, who is acting as legal counsel in a pro bono capacity (Ron and Ken also did what they did pro bono). The world is a better place because people like this exist.

    Patterico (e102e4)

  9. The dreaded Double Scrollbar!

    Yikes!

    Dave (in MA) (037445)

  10. The only use the left has with the criminal justice system is to use it as a weapon against their political opponents.

    Amphipolis (d3e04f)

  11. This is not very easy to read online – is theer some way to save this to disk? It would print out at 43 pages.

    Sammy Finkelman (d22d64)

  12. Sammy, on the top of the grey frame where it says JDSupra, there’s a “share” button and then a “download” button.

    Ron Coleman (aa8da2)

  13. I’m thinking of stealing … err, swiping this as an example in a legal writing class I’m teaching.

    Because I’m sure as not going to use any of my own writing …

    SPQR (c4e119)

  14. The court won’t have to work very hard to write a published opinion if it grants the motion. ;)

    nk (dbc370)

  15. i say dismiss that bad boy and call it a day

    happyfeet (8ce051)

  16. Kudos to Ron et al. I enjoyed reading this very much last night over at Hogewash with the original posts from this blog embedded in the document as support for the court.

    I am torn between Ron and Michelle Malkin’s lawyer’s between which filings were most entertaining and thankfully I don’t have to make a choice between the most devastation takedown of Krett Bimberlin.

    daleyrocks (bf33e9)

  17. devastating!

    daleyrocks (bf33e9)

  18. you gonna be a wizard Mr. daley?

    happyfeet (8ce051)

  19. As clearly impressive as Coleman’s legal prose obviously is, my untrained eyes glazed over on page 24 at the point of Kimberlin’s second Seventh Claim. I might have another go later on but I’m pretty sure I already got the smart of it. Incidentally, there seems to be an inconsequential lacuna on page 10, first line of item (5).

    ropelight (2a9e05)

  20. But publishing the unflattering facts about a convicted criminal’s violent past is not a tort. Publishing damning commentary about his harassment of critics is not a conspiracy. And recounting his history of litigation abuse is not sanction for more litigation abuse. The only reality behind the SAC’s cookie-cutter verbiage and Internet legal flotsam is a ham-fisted and legally meritless attempt at intimidation and censorship via litigation.

    Beautiful stuff.

    bridget (37b281)

  21. Can I quote you to all my clients?

    It would be awesome if showcasing your work did bring you more clients. Some good needs to come out of this.

    Dustin (7f67e8)

  22. Patterico:

    It’s wonderful you’ve been able to get the help you have. Once you retire, you should consider doing pro bono work for the similarly victimized. Pay it forward and all of that.

    El Kabong (e68869)

  23. If I ever (again) am trying to help folks do self representation in a defamation SLAPP suit out of desperation (everyone’s), I will look this up as an example to follow.

    MD in Philly (f9371b)

  24. Impressive, Mr. Coleman.

    As a native of Indiana who was alive when Kimberlin was setting off bombs in Speedway, I’ve been following this ever since P made his first post about the scumbag. I’ve read most of the filings in both the state and federal cases (yes, I apparently have that much free time on my hands). The briefs on the defense side have been pretty good, but I liked yours most of all.

    Of course, IANAL, so take that as you will. :-)

    Jeff Lebowski (5e0c1f)

  25. “And the darkest irony of all is that this plaintiff should impose this pain on these men and women – as retaliation for what? For their audacity in recalling the unceasing pain he – the same cold-hearted, unrepentant Brett Kimberlin – imposed on a young family with everything to live for, before he took it upon himself to blow up one of its members as they sought to enjoy a game of football on a brisk autumn morning”.

    Inspired writing, Mr. Coleman! Well done.

    felipe (40f0f0)

  26. Ropelight, my seeming lacunae are in fact deviously placed simulations of the same calculated to sound deep psychological cues in the reader.

    K?

    Ron Coleman (aa8da2)

  27. And thanks to you other kind souls!

    I do even better for pay, by the way.

    Ron Coleman (aa8da2)

  28. I stumble across this nightmare a long time ago by clicking some links, and ended up at Mr. Walkers website(? i believe it was his ?). This was very near the beginning of this whole crazy ordeal. I don’t know any of the people involved, nor do i have the slightest clue as to how the legal system really works. Yet i have been following it the best i can ever since. I can not tell you how intrigued i was by all this.

    Why do i say this? So that you, and all those involved know that there are people out here with no real world connections that have been pulling, and praying for you the whole way through. I may be just a nobody who can not possible relate or help in any way materially, but i can spread the word around for others to see. As fascinating as it has been for me, the level of frustration has to be a 1000 times greater for all those involved. Just keep in mind there are 1000 of us out there who care, hope, and pray for you along the way. All those involved in fighting this are an inspiration to those of us out here who are decent, and good people. Just like you. God Bless

    As for Mr Coleman, sir i tried to think of something witty to say in reference to your motion. I think the best way i can personally some it up is: DAMN! Hats of to you sir. Thank you for having their back on this. “WE” need them to keep doing what they are doing.

    Notgonnasay (f96e0b)

  29. “I do even better for pay, by the way.”

    Bwaahaha, you do indeed good sir.

    SPQR (1c94c6)

  30. Well, SPQR, thank you as always, but to make it clear, I was joking. I give 100% to every client — freeloaders like Patterico included.

    Ron Coleman (6e480d)


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