Prevarication Du Jour


@wmsdb201410080009ZThe Cabin Boy is almost correct—in one sense. The metaphorical beatdown that we administered to The Dread Pro-Se Kimberlin in the Kimberlin v. Walker, et al. nuisance lawsuit was delivered without our having to bestir ourselves to put on a defense. All we had to do was let TDPK engaged in self-destruction.
Docket 235_236

Team Kimberlin Post of the Day


While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexatious federal lawsuit by reposting some of the highlights of the past year’s coverage. During one rather unhinged filing, TDPK brought up the legal unpleasantness between Bill Schmalfeldt and me. It has no bearing on the RICO Madness, so I pointed that out in my reply to his rant. The Cabin Boy™ got all pissy about being mentioned in my filing.

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Team Kimberlin Post of the Day

Originally Posted on 11 February, 2014

It would be unwise for the Bill Schmalfeldt to try my patience.2014radio210402102217Z

If Bill Schmalfeldt does not wish to be a part of the legal proceedings pending between Brett Kimberlin and the defendants in the Kimberlin v. National Bloggers Club, et al. lawsuit, he should consider asking Kimberlin to refrain from bringing him into any further filings with the court, either directly or indirectly.

For now, I have no particular reason to involve Schmalfeldt in that lawsuit—I only mentioned him in a reply to allegations relating to him raised by Kimberlin in an opposition to two of my motions—but not all the other defendants necessarily agree with me.

There are times when it’s smart to keep one’s head down.

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Of course, Bill Schmalfeldt couldn’t keep his nose out of other peoples’ business. He wrote a letter to Judge Grimm bad mouthing me. The judge ordered his letter returned by the Clerk.

This letter does not appear to be a valid filing—Schmalfeldt has not sought to intervene under Fed. R. Civ. P. 24, nor has he received permission to file as an amicus curiae. Further, it does not appear that he could file a memorandum amicus curiae as “an impartial individual who suggests the interpretation and status of the law, gives information concerning it, and whose function is to advise in order that justice may be done.” Leigh v. Engle, 535 F. Supp. 418, 420 (N.D. Ill. 1982). The Schmalfeldt Letter appears more akin to “a memorandum amicus petitor, one proffered as a friend of the plaintiff(s).” Id. at 422. As such, it is not an appropriate filing in this case. Accordingly, the Schmalfeldt Letter will be STRICKEN from the record, and future filings from non-parties will not be accepted.

The Cabin Boy™ sent a second letter. It was also returned.BaghdadBlob20140113

Prevarication Du Jour


@wmsdb201410041306ZWhile he has taken down his deterioradio_dot_com site, the Cabin Boy™ apparently believes that the material he has published on his schmalfelt_dot_org and anonymouscowardsanonymous_dot_wordpress_dot_com sites deal with books, radio, or Parkinson’s advocacy. It looks like the same old attack crap to me. (I would publish thumbnails to show the kind of pictures of his perceived enemies that the Cabin Boy™ has up on his sites, but I have agreed not to publish any of his material in violations of any Terms of Service. While tweets are fair game, junk from his own sites is not.)

A side note: If the Cabin Boy™ is serious about Anonymous Cowards Anonymous, it may mean that he has realized that he is powerless over anonymous cowardice and that his life has become unmanageable. When that sinks in, perhaps he will come to believe that it will take a Power greater than himself to restore him to sanity.

Prevarication Du Jour


wmsdbIf @WmsDb is the Cabin Boy’s™ only Twitter account, then who do these belong to?wmsmusicradioinjusticebusterThey were active accounts as of 9:15 pm ET tonight.

sir robin shieldUPDATE—A bit less than an hour after this post went up, I was informed that the Cabin Boy™ had taken his @WmsDb account private.

Yawn.

Why bother having a Twitter feed?

Moreover, why bother with an Internet presence at all when the vast majority of one’s postings generate more trouble than they are worth?

Two years ago, the Cabin Boy™ seemed to be a credible threat on the Internet. He had caused a significant amount of bother to several families. Then, about a year-and-a-half ago, he made the mistake of picking on me. I’ve kept after him and been able to hold him at least partially accountable for his actions, in the process demonstrating what a worthless non-entity he actually is. No one takes him seriously any more, and, to the extent that he is bothersome, he’s now seeing similar pushback from the people he annoys. Maryland and Arizona have already found him to be a harasser. A couple more states may join them soon.

Twitter, Kindle, and other online hosts and venues are getting wise to him. Supporting jerks who piss off their revenue generating customers doesn’t fit their business models. He will find himself more isolated day-by-day.

If the Cabin Boy™ had a milligram of sense, he’d pack it in. If …

Team Kimberlin Post of the Day


Toward the end of his direct examination of me during the Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin brought up the subject of Bill Schmalfeldt.

MR. KIMBERLIN: Have you filed any — do you know a reporter named — or an individual named Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you filed 367 —

MR. OSTRONIC: Objection.

THE COURT: Sustained —

MR. KIMBERLIN: — criminal charges against Bill Schmalfeldt?

THE COURT: — that is the most leading question I’ve ever heard.

MR. KIMBERLIN: Okay. Have you filed any charges against Bill Smallfeld?

MR. OSTRONIC: I’m still going to object.

THE COURT: Sustained. You can’t tell the person the answer to the question in the question. That’s what a leading question is.

MR. KIMBERLIN: Do you know Bill Schmalfeldt?

MR. HOGE: Yes.

MR. KIMBERLIN: Have you ever filed any charges against him?

MR. HOGE: Yes.

MR. OSTRONIC: Objection.

THE COURT: Overruled.

MR. KIMBERLIN: How many?

MR. HOGE: It’s some place north of 360 for multiple violations of a peace order.

MR. KIMBERLIN: So, 367 criminal charges. My question, what were the results? Simple question. Were they nolle prosed?

MR. HOGE: At my request.

MR. KIMBERLIN: And you — why did you file — what got Smallfeldt on —

MR. OSTRONIC: Objection, your honor. This —

THE COURT: Sustained.

MR. OSTRONIC: — can’t be possibly be defamation —

MR. KIMBERLIN: Okay, I’m only trying to show that these individuals attack anyone. Innocent question. He’s a reporter. He wrote a story.

MR. OSTRONIC: Objection.

THE COURT: Well, that’s not a —

MR. KIMBERLIN: Okay. And what happens?

THE COURT: — cause of action. It’s not a cause of action whether they — even if they did that —

MR. KIMBERLIN: It goes to malice.

THE COURT: — that’s not a cause of action.

MR. KIMBERLIN: It goes to malice, sir.

THE COURT: But — for someone else to be — no. Ask another question if you have one.

TDPK got off that topic and moved on briefly to something else. My lawyer only had one question during cross examination.

MR. OSTRONIC: I just have one question, and — on the Bill Schmalfeldt bit. Your charges were — what was the brief disposition of those?

MR. HOGE: Because of — things were getting so out of hand, at the suggestion of the Carroll County State’s Attorney’s Office, Mr.Schmalfeldt and I engaged in a mediation session. At the mediation session, Mr. Schmalfeldt agreed to abide by the peace order going forward. If I was going to get him to abide by the peace order, there wasn’t any reason to go any further, and so I — if you’re going to do this, then let’s dismiss the charges.

This was the second instance of TDPK trying to make the case that my attempts to enforce the peace order against Bill Schmalfeldt demonstrated malice toward Brett Kimberlin. (The first was in a filing in the Kimberlin v. The Universe, et al. RICO Madness.) I find this more than a little interesting.

Now, it is true that the first time I wrote about Schmalfeldt, I was covering the news of his publication of sealed court documents on Kimberlin’s behalf. However, the basis of the peace order had to do with Schmalfeldt’s subsequent harassment of me. It was not based on any actions taken by TDPK—unless Schmalfeldt was acting as Kimberlin’s agent while harassing me.

Of course, that’s not an unreasonable assumption. Schmalfeldt famously proclaimed that he would not have to be “investigating” folks if they would leave Brett Kimberlin alone.

Whatever.

Bill Schmalfeldt is now effectively sidelined. He knows that any further attempts at using extortionate tactics for his “investigations” will result in pushback, the least of which could be yet another restraining order or peace order. He has no significant following. He sputters and rants about what he reads online to a minuscule audience. No one takes him seriously, and, except for a few people who poke fun at him, almost no one looks at his tweet feed or blog. Essentially all the copies of his recent books that he sold were purchased for use as evidence against him. None of his “friends” have answered any of his tweets for over a week. He’s last year’s train wreck.

He’s also is, or should be, an object lesson to the rest of Team Kimberlin. Their lying, cyberthuggery, and lawfare is doomed to failure when it meets determined opposition. The smarter members will likely try to disentangle themselves. The rest will go down with The Dread Pirate Kimberlin on his sinking ship.