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