Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
ECF 111 Redacted

ECF 111 Redacted

Ratings: (0)|Views: 4,601 |Likes:
Published by himself2462
RICO Madness
RICO Madness

More info:

Published by: himself2462 on Mar 24, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/26/2014

pdf

text

original

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION BRETT KIMBERLIN, * Plaintiff, * v.
 
* Civil Action PWG 13-3059  NATIONAL BLOGGERS CLUB, et al., * Defendants * * * * * * * * * * *
MEMORANDUM OF DEFENDANTS MICHELLE MALKIN AND TWITCHY IN OPPOSITION TO PLAINTIFF'S MOTION TO FILE SECOND AMENDED COMPLAINT (ECF No. 100)
Michael F. Smith The Smith Appellate Law Firm 1717 Pennsylvania Avenue N.W., Suite 1025 Washington, D.C. 20006 smith@smithpllc.com (202) 454-2860 Bar No. 29941
Counsel for Defendants Michelle Malkin and Twitchy
Date: March 24, 2014
 
Case 8:13-cv-03059-PWG Document 111 Filed 03/24/14 Page 1 of 12
 
1
 
FACTS RELATING TO THE PROPOSED SECOND AMENDED COMPLAINT ("SAC") I. Substance
The First Amended Complaint (FAC) is 50 pages long, with 213 paragraphs. ECF No. 2. After various defendants filed motions to dismiss it, Mr. Kimberlin indicated his intent to seek leave to amend. ECF No. 80. This Court on February 21, 2014 allowed him to do so, though it acknowledged the "serious chance" of prejudice to defendants from repeated amendment, told Mr. Kimberlin this would be his last chance to amend, and specifically warned him to comply with Local Rule 103.6. ECF No. 88 Letter Order, pg. 5.
 
On March 7, 2014, Mr. Kimberlin filed his motion for leave, attaching to it clean and redlined copies of his proposed Second Amended Complaint (SAC). ECF No. 100. Though the SAC removes some matter from the FAC, on balance it is a far more lengthy and convoluted document than the FAC
 – 
 it contains 82 pages and 284 paragraphs, names three new defendants (in addition to Twitchy), and adds entire theories, factual allegations, and causes of action not present in the FAC. ECF No. 100-3 Proposed SAC.
1
 For instance, the proposed SAC, citing unspecified "NSA documents" leaked by Edward Snowden in February 2014, now alleges that the conspiracy against Mr. Kimberlin arises from the activities of a shadowy group of former counterintelligence officers calling themselves "Team Themis" who, on behalf of the FBI and the U.S. Chamber of Commerce, and with the assistance of the law firm Hunton & Williams, targeted a variety of progressive groups and individuals, including
1
 
The "clean" version of the SAC attached to the motion for leave, ECF No. 100-1, was missing page 9, and the "redlined" copy, ECF No. 100-2, was missing pp. 15 and 54-56. On March 21, 2014, the ECF system distributed a second copy of the motion for leave, with the same two attachments plus a third: what appears to be a complete "clean" copy of the SAC, including page 9. ECF No. 100-3. To date, Plaintiff Kimberlin has failed to provide Defendants Malkin and Twitchy with a complete redlined copy of the SAC, despite their request for one on March 8, 2014.
Tab 1
.
Case 8:13-cv-03059-PWG Document 111 Filed 03/24/14 Page 2 of 12
 
2
 
Wikileaks, the hackers' group "Anonymous," the AFL-CIO, Change to Win, moveon.org, Mr. Kimberlin, and others, in a massive dirty-tricks campaign. ECF No. 100-3, ¶¶ 33-38. The proposed SAC alleges that this conduct relates to an NSA group called the Joint Threat Resource Intelligence Group, or "JTRIG," set up to "disrupt and destroy activists worldwide" and to "infiltrate different groups online and destroy people's reputations."
 Id.
,
 
 ¶ 36. The proposed SAC alleges that the activities of "Team Themis" and the JTRIG served as the model for the concerted attack on Mr. Kimberlin's reputation, tracing the latter to a September 2010 decision by Andrew Breitbart, a now-deceased conservative media-company owner, to set up a "parallel campaign" to destroy Mr. Kimberlin.
 Id 
., ¶ 37. However, the proposed SAC contains no allegation that Mr. Breitbart (or any defendant) knew of the JTRIG or its activities, in 2010 or indeed, at any time. Nor does it explain how such a "parallel campaign" could arise where word of the NSA's supposed activities only were leaked by Mr. Snowden in February 2014. In addition to Twitchy, the proposed SAC adds as named defendants two individuals and the American Spectator, a conservative magazine/website, but does not add "Team Themis," the JTRIG, the National Security Agency, Hunton & Williams, the Chamber of Commerce, or any individual associated with any of them.
II. Form
The redlined SAC Mr. Kimberlin filed, ECF 100-2, deletes many items from the FAC without noting that via strikethrough or brackets, and fails to highlight various additions
 – 
 for instance, the change in its
ad damnum
 clause from an unspecified amount in excess of $75,000, to the sum certain of $2 million.
Compare
 ECF No. 2 FAC, pg. 49, and ECF No. 100-3, Proposed SAC, pg. 81. Comparison of just the first few pages of the FAC and proposed SAC reveals several instances where changes (additions and deletions) have not been highlighted in any way. In order to determine what has been
Case 8:13-cv-03059-PWG Document 111 Filed 03/24/14 Page 3 of 12

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->