Let’s do a bit of fisking of a paragraph from The Dread Pro-Se Kimberlin’s second amended complaint in Kimberlin v. The Universe, et al. RICO Madness. Paragraph 265 begins,
Defendants, intentionally and willfully engaged in a concertedcampaign of online defamation, false light, …
<fisking>TDPK’s going to have a lot of trouble with those allegations given his catastrophic loss on his claims of defamation and false light in the Kimberlin v. Walker, et al. nuisance lawsuit. Collateral estoppel.</fisking>
false narratives, …
<fisking>He keeps using that phrase. I do not think it means what he thinks it means.</fisking>
<fisking>Speaking of false narratives, TDPK’s claim that Aaron Walker assaulted him was thrown out by the District Court and Circuit Court in Montgomery County over two years ago. More collateral estoppel.</fisking>
intimidation, threats, …
<fisking>While Hogewash! has certainly never published a threat directed at TDPK, it is possible that he has been intimidated by some of the truthful reports of his activities published here.</fisking>
<fisking>It would be interesting to see TDPK explain how anything published here defrauded him.</fisking>
the filing of groundless civil suits and criminal charges, …
<fisking>TDPK’s identical claims in the state suit were thrown out before trial. Still more collateral estoppel.</fisking>
cyber bullying …
<fisking>He haz sad. Bloggers wrote truthful things about him.</fisking>
and acting unlawfully, …
<fisking>I think this is where the mopery with intent to lurk comes in.</fisking>
in order to cause damage to Plaintiff in his lawful businesses, both as an employee of Justice Trough Music …
<fisking>If JTMP has a beef against me, it should hire a lawyer and sue me. TDPK doesn’t have standing to sue on its behalf.</fisking>
and as a musician.
<fisking>He keeps using that word. I do not think it means what he thinks it means.</fisking>
If TDPK vexatious suit does survives the motions to dismiss, imagine what it will be like when my fellow defendants and I conduct discovery and depose TDPK on such matters.
This is from The Dread Pro-Se Kimberlin’s defamation claim in his Kimberlin v. The Universe, et al. RICO Madness.Now that TDPK has lost his defamation claim in the state Kimberlin v. Walker, et al. nuisance lawsuit, perhaps I can trick you Unsuspecting Readers into spend some of your hard earned cash on Collateral Estoppel goodies from The Hogewash Store. Or perhaps I can interest you in some Hogewash! Res Judicata trinkets.
It doesn’t seem that TDPK has yet figured out that he should cut his losses and drop the RICO Madness, so we probably have to finish slogging through the motion-to-dismiss stage of that lawsuit. That may take a while. Therefore, you Unsuspecting Readers may wish to stock up on popcorn, Jujubes, Raisinets, Junior Mints, Milk Duds, or Red Twizzlers available via Amazon.
A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:
Allergic to Bull
Thinking Man’s Zombie
The Daley Gator
The Camp of the Saints
Truth Before Dishonor
The Crying Wolfe
Evi L Bloggerlady
Shall Not Be Questioned
Batshit Crazy News
Thank you, fellow bloggers, for those links. Thanks also to everyone who followed them and everyone else who stopped by Hogewash! this week.
MUSIC: Theme. Intro and fade under.
NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.
MUSIC: Up, then under …
NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A noted deranged cyberstalker has been using the copyright works of bloggers as part of his campaign of harassment against them. When confronted with legitimate copyright takedown notices, he has responded with false copyright claims that have temporarily disrupted certain websites. Your job … get the facts.
MUSIC: Up then under …
ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.
MUSIC: Up and out. Continue reading
Last month, I sought a peace order against Bill Schmalfeldt. It was denied by a District Court judge who does not believe that Internet harassment can trigger the Maryland peace order statute. I appealed. The de novo appeal trial was scheduled for this morning in Circuit Court.
Bill Schmalfeldt and I had a discussion immediately after the settlement conference for the copyright infringement suit I filed against him. During that discussion, he made representations to me about his plan for his Internet presence going forward. I told him that, if he followed that plan, there would be no reason to follow through with my peace order petition. I encouraged him to pursue the course he outlined. I asked him to give me a reason to drop the matter, and we shook hands.
While he seemed to be following his plan for a week or so, Schmalfeldt quickly began giving me reasons to question his sincerity. His behavior over the past week convinced me that I should not withdraw my petition.
Bill Schmalfeldt was a no-show in court this morning. Based on my petition and testimony, Judge Galloway granted the peace order.
UPDATE—There have been some questions about the sort of evidence I presented while seeking the peace order. First, I presented evidence that I had demanded that the Cabin Boy™ to refrain from contacting or harassing me. Second, I presented evidence that he had received and was aware of my demand. Third, I presented evidence of contact and harassment in the form of emails and comments directed to this blog, a bogus DMCA takedown notice, and an extortionate threat to file criminal charges if I did not provide him with the identity of “Paul Krendler.”
For example—UPDATE 2—The Dreadful Pro-Se Schmalfeldt™ had filed a motion to dismiss based on a claim that Carroll County was an improper venue for my petition. Given that my petition was granted, the Gentle Reader should not be surprised to hear that the motion was denied.
Johnny Atsign has taken the week off to go fishing.
Tune in next Monday at 6 pm ET for the next intriguing episode of Yours Truly, Johnny Atsign.