ECF 126 Redacted
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Transcript of ECF 126 Redacted
t,
Honorable Judge Paul Grimm6500 Cherrywood LaneGreenbelt, MD20770
Re: Kimberlin v. National Bloggers Club,No, PWG 13-3059
Re: Rule 11 Motion re attorney Michael Smith
Dear Judge Grimm:
fILED _11 s. O:STRICT ~O,U~.i
May 9.i',z,OT4'T 0:- ~.(;\i~\Lp,NO:..,,'I~.J i I \ , •.~ •
Iwould like to file a Rule 11 motion requesting sanctions against Attorney MichaelSmith who represents Defendant Twitchy for his filing of the meritlessmemorandum asking for dismissal of the Complaint on the basis of a hearing inMontgomery County Circuit Court on April 9, 201~.
Mr.Smith has filed the pleading for an improper purpose to harass me, to providemore fodder to unrepresented Defendants Hoge,Walker and McCain,and to presenta false narrative to this Court
On May 6,2014, I advised Mr.Smith that I would be filing a Rule 11 motion based onthis issue and provided him with a copy as required by the Rule. I only providedthat copy to him and asked that he correct or withdraw the offending pleading. Mr.Smith, in turn, provided a copy of that unfiled Rule 11 motion, either directly orindirectly, to Defendant Hogewho then posted it on his blog and on Scribd alongwith commentary that he knows things about the case that are going to cause metrouble and that he was "given clearance" to post the motion. Exhibit A.
I asked Mr.Smith ifhe gave the Motion to Defendant Hoge along with clearance topost it on his blog and Mr.Smith coyly admitted that he did, and told me that if I didnot want things posted by Mr. Hoge, I should not file of send them to him. Exhibit B.
I would like to file the Rule 11 motion following the 21-day window required by therules to address Mr. Smith's initial filing of the meritless, malicious and improperpleading, and his release of the Rule 11 motion to Defendant Hoge for publicationwhich amounts to violations of the ule and extrajudicial communications attackinga party.
Sincerel , .
Brett Ki8100 Beec Tree RdBethesda, MD20817(301) 3205921justi cejtmp@comcastnet.
Case 8:13-cv-03059-PWG Document 126 Filed 05/09/14 Page 1 of 1
Team Kimberlin Post of the DayPosted on 8 May, 2014
112
26-"'0 Rate This
Both of Tho Dread Pro-So Kimberlin's vexatious lawsuits in which I am a defendant are
grinding their ways through the state and federal courts. Given the frivolous nature of
TDPK's complaints, I havo optimistic expectations concerning the final results of the suits.
There have boen several recent developments that lead me to believe that Brett
Kimberlin is becoming desperate. Indeed, it seems that panic has driven him to turn the
stupid knob up to 4+ 12.
All is proceeding as I have foreseen-and I hope to be able to share the details of some of
TDPK's latest mistakes before long.
Stay tuned.
UPDATE-As I've noted above, good legal strategy prevents me from publishing everything
I know about. However, I've been given clearance to share this example of TDPK's going
full-Acme.
'I!
U~ITEO STATES DISTRICT COURTD1~-rRICT OF l>IARYLANDGRI::f.~HELT DIVISIO~
HRETr KIMHI::RLlN.Plaintiff.
~
~
v.
:'iATIO~AL HLOGGI::RS (LOH. et al.Defendants.
~o PWG 13.3059
"""
MOTION AND !ltEMORANDUM IN SUPPORT OF RULE 11 SANCTIONS AGAINSTPLANITIFF 1WITCIIY'S ATTORNEY MICIIAI::L S!ltITH
Defendant Hn:tt Kimberlin submits this motion and memorandum ollaw in
Case 8:13-cv-03059-PWG Document 126-1 Filed 05/09/14 Page 1 of 1
I From: Michael Smith <[email protected]>Oat", Thursday, May 8, 2014 at 10:54 PMTo: Justice Through MusIc <[email protected]>
Subject: RE:Kimberlin v. National Bloggers Club et al.;'.~••,_ IW-;:.:-:c,ve ."...1i'''P ••.... 'a .•.. ''" ?" .. "'-""Il:'O=CTiJlZ>l""" . - ',.- . "PV*dG'1?"W".s.-r d? '.,e.•.. :;;,"~w,~,-"~'?"!i'w •. -'.,a=. :::n 3">~£ r 'fi'~'..,gzl'¥'''-r-''r'~~~~'''o5!i •.~''''' "
Mr. Kimberlin:
As you'll recall, yesterday you sent me your Rule 11 motion, saying you would file It in 21 days if Twitchy didn't withdraw Its "motion" (by which I assume you mean, the Supplemental Memorandum). As you'll further recall, I declined your request forwithdrawal, and copied several of the 20+ co-defendants on my email to you, along with a copy of your proposed motion.
While I suggest Mr. Hoge Is best positioned to answer your specific question, I will say I see no problem whatsoever with any of the defendants you have sued making any lawful use they wish of a baseless motion you drafted, sent to two of thedefendants, and threatened to file, While you're of course free to press your case through any permissible means you choose, I would suggest that if you don't want defendants publicizing your Rule 11 motions, you send defendants no further Rule 11motions.
Yours,
mfs
From: Justice Through Music (mallto'[email protected]: Thur>day,May08, 20149:39 PMTo: Michael SmithSubject: Re: Kimberlinv. N.tional Bloue •• Oub et.1.
Mr. Smith:
~
~
As quote below, Mr. Hoge has updated his post to say that he has been 'given clearance" to post the Rule 11 motion that has not been flied or placed on Pacer. Would you please confirm that you gave him such clearance, since I do not want to make any factual misrepresentations to theCourt. Thank you, Brett
Team Kimberlin Post of the Day http://hogewash,com/2014/OS/08/team-kimberlin-post-of-the-day-434/>Both of The Dread Pro-Se Klmberlin's vexatious lawsuits In which I am a defendant are grinding their ways through the state and federal courts, Given the frivolous nature of TDPK'scomplaints, I have optimistic expectations concerning the final results of the suits. There have been severalrecent developments that lead me to believe that Brett Kimberlin Is becoming desperate. Indeed, It seems that panic has driven him to turn the stupid knob up to 1112.
All Is proceeding as I have foreseen-and I hope to be able to share the details of some of TOPIC'slatest mistakes before long.
Stay tuned.
UPDATE-As rve noted above, good legal strategy prevents me from publishing everything I know about. However, I've been given clearance to share this example of TOPK'sgoing full.Acme.
~
Case 8:13-cv-03059-PWG Document 126-2 Filed 05/09/14 Page 1 of 1