Judge Albright (who is handling the Walker v. Brett Kimberlin, et al. case while Judge Mason is on vacation), had denied The Dread Pro-Se Kimberlin’s sealed motion for a TRO, preliminary injunction, and protective order.
The Dread Pro-Se Kimberlin filed a motion seeking a subpoena in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit directed to Intermarkets, a company that handles blog advertising, concerning the identities of the blogger Ace and the Ace of Spades blog.
His similar request in the Kimberlin v. The Universe, et al. RICO Madness was unsuccessful, and he his filed another such request in the Kimberlin v. Frey RICO Remnant LOLsuit.
The Maryland Rules require that a party filing a court paper such as this motion must serve a copy on every other party. As you can see from TDPK’s certificate of service, he only served a copy on the lawyer for Intermarkets. None of the defendants or their lawyers were served. My lawyer obtained this unsigned copy only after pinging Kimberlin. However, the lack of proper service is the least of the defects with this motion.
Brett Kimberlin has spent the past few years trying to engage in brass knuckles reputation management. He’s used the members of Team Kimberlin to try to spin his false narratives in a way that the public would buy. However, PR flacks like the Cabin Boy™ and websites like Bunny Boy Unread have been more effective in focusing attention on The Dread Pro-Se Kimberlin’s multiple failures at lawfare than promoting a positive image for TDPK.
Thus, far I’ve been successful (with the help of friends, codefendants, and pro bono counsel) at beating back all of Kimberlin’s lawfare attacks against me. The false harassment charge he filed in 2013 was nolle prossed and expunged so quickly that I was never served. His Kimberlin v. Walker, et al. nuisance lawsuit never made it to a jury. The Kimberlin v. The Universe, et al. RICO Madness never made it past the motions to dismiss, and the Fourth Circuit Court of Appeals shut down TDPK’s appeal of that dismissal on the morning of the first day after the last informal briefs were due. The bogus peace order he filed against me was denied. The appeal of that denial was thrown out, and so was the follow on false criminal charge of online harassment of a minor. He still has two lawsuits and an appeal pending against me, and all seem to be headed down the tubes. Indeed, it now seems proper to refer to them as LOLsuits.
Which brings me to a new term I’ve coined to describe how to publicly deal with Team Kimberlin’s legal shenanigans—
I intend to keep talking and writing about the serious damage Team Kimberlin has inflicted on so many people, and I will treat that seriously. Murum aries attigit.
However, I intend to subject Team Kimberlin to derisive laughter at every opportunity. Asinīs dērīdeō sed eis non miserēbor.
I hand-delivered this filing to the U. S. District Court yesterday as a favor for Dave Edgren.
UPDATE—It’s always gratifying to know that I contributed in some small way to bringing the members of Team Kimberlin to justice or at least causing them to fear their just deserts. When comment such as they are sending now, childish stuff of the sort most of us outgrew before high school, start appearing, I know I’ve had a bit of success.
The Cabin Boy™ has his panties in a knot because folks refer to him as a “deranged cyberstalker.” (Stacy McCain deserves credit for first referring to Schmalfeldt that way.) Aside from the fact that expressing the opinion that Schmalfeld is a deranged cyberstalker is protected speech under the First Amendment, he is admittedly demented (deranged and demented are synonyms), and he is an adjudicated harasser. Since his harassing was done on line, that fits the Oxford English Dictionary’s definition of cyberstalking. Thus, calling him a deranged cyberstalker is not only protected opinion, it is also an true statement backed by the facts.
Additionally, the Cabin Boy™ has promoted his identity as The Deranged Cyberstalker through the sale of a CD of his “comedy” bits. While that CD appears to be out of print, the tracks are still available for download from iTunes and Amazon. Note: Amazon’s MP3 downloads are cheaper and will play on Apple devices.
Imagine the cross examination in court …
Q: You say you were defamed and damaged by being called a “deranged cyberstalker.” Is that correct?
Q: I show you the items marked as Defense Exhibits 11 and 12. They are screen shots from iTunes and Amazon, respectively. Can you identify the downloads offered for sale?
If the Cabin Boy™ is very lucky, Schmalfeldt v. Grady (, et al. ?) will be dismissed with prejudice.
MUSIC: UP AND UNDER—RECORDED—CUT 1
ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!
MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2
ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)
JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.
MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading
The Cabin Boy™ was full of threats and bluster yesterday. He sent me this email—
There’s so much craziness … where to begin?
The first thing that stuck me was the utter hypocrisy shown in the email. Pingbacks are not contact, but auto-generated notices of comments are. And how would the Cabin Boy™ square his previous defense of Roger Shuler with the positions he takes in this email?
Of course, his understanding of the law of defamation is utterly faulty. Under Maryland law, there can be no recovery for defamation unless the plaintiff can prove that the allegedly defamatory statement was false. A defendant has no obligation to prove that what he said was true. The Cabin Boy’s™ provably true riff has no basis in law. Indeed, it is provably false itself.
Furthermore, it makes no difference whether the Cabin Boy™ is a private person or not. In Maryland, every defamation plaintiff is held to the New York Times v. Sullivan standard of proving legal malice. Bill Schmalfeldt would to read Telnikoff v. Matusevitch, 702 A. 2d 230, 347 Md. 561 (1997) and the cases it cites before he runs off at the keyboard again.
Also, under 47 U.S.C. § 230, Hogewash! is an internet service provider because of the interactive nature of the comment system. I’ll let The Dreadful Pro-Se Schmalfeldt try to find the case law on that himself. (Hint: One such case is a Maryland Court of Appeals case that Team Kimberlin has relied on in the past.)
Meanwhile, because of the threats he has made to persons who reply to the comments he makes on blogs, I would wield the ban hammer on him if the Cabin Boy™ had not already been told to cease communicating with me, including comments to this blog.
Oh, one more thing … The Cabin Boy™ should also review Lawrence v. AS Abell Co.,
475 A. 2d 448, 299 Md. 697 (1984) before making any further threats about use of his likeness.