Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
ECF 140.pdf

ECF 140.pdf

Ratings: (0)|Views: 4,504|Likes:
Published by himself2462
RICO Madness
RICO Madness

More info:

Published by: himself2462 on Jul 09, 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

07/21/2014

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION BRETT KIMBERLIN, * Plaintiff, * v.
 
* Civil Action GJH 13-3059  NATIONAL BLOGGERS CLUB, et al., * Defendants * * * * * * * * * * *
MOTION OF DEFENDANTS MICHELLE MALKIN AND TWITCHY TO DISMISS SECOND AMENDED COMPLAINT, AND FOR ATTORNEY FEES AND COSTS
Defendants Michelle Malkin and Twitchy, through counsel and pursuant to Fed. R. Civ. P. 12(b)(2), (5), and (6); Fed. R. Civ. P. 8; Fed. R. Civ. P. 9(b); Fed. R. Civ. P. 41(b); Md. Code Ann., Courts & Judicial Proceedings Art. § 5-807(d)(1), and this Court's inherent authority, file this motion asking the Court to dismiss with prejudice the Second Amended Complaint and award them their attorney fees and costs. Defendant Twitchy further requests a ruling on its request for sanctions against Plaintiff Kimberlin as a result of his forgery of the "summons" and First Amended Complaint he mailed to it, which request has been fully briefed and supported with evidence, and which prompted the Court's show-cause order (R.88 Letter Order, p. 3) but which has not yet been addressed. In support, Mrs. Malkin and Twitchy rely on and incorporate the accompanying memorandum of law.
Case 8:13-cv-03059-GJH Document 140 Filed 07/09/14 Page 1 of 3
 
2
 
WHEREFORE, Defendants Michelle Malkin and Twitchy ask this Court to enter an order dismissing the Second Amended Complaint with prejudice, and awarding them their costs, including attorney fees, and such additional relief as the Court deems just. Respectfully submitted THE SMITH APPELLATE LAW FIRM /s/ Michael F. Smith By: Michael F. Smith 1717 Pennsylvania Ave. NW, Suite 1025 Washington, D.C. 20006 202-454-2860 smith@smithpllc.com Bar No. 29941
Counsel for Defendants Michelle Malkin and
Dated: July 9, 2014
Twitchy
Case 8:13-cv-03059-GJH Document 140 Filed 07/09/14 Page 2 of 3
 
3
 
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above Motion was electronically filed in this case on July 9, 2014 and thus served on counsel of record via the Court's ECF system. Additionally, I am serving the document via email this date on plaintiff Kimberlin and on defendants Hoge, McCain, and Walker by the express permission of each. By: /s/ Michael F. Smith Dated: July 9, 2014
Case 8:13-cv-03059-GJH Document 140 Filed 07/09/14 Page 3 of 3

You're Reading a Free Preview

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