26 thoughts on “Are You Pondering What I’m Pondering?

  1. Surprise! Burrell denied Ali’s motion to find him not served.

    Bet BK is really dissuaded from filing fraudulent documents in the court now!

      • Possibly grounds for appeal, but that is only when it gets to a point where it is appealable. I posited a while ago that no motion that has the effect of lengthening this process will be granted for the defendants. The judges want this circus out of their courtrooms as soon as they can. Motions to dismiss will not be granted because BK will just come back. Even if there were a dismissal with prejudice, BK will come back with something equally as hairbrained. Not to mention that they would then be the sole reason for that dismissal, and they can be confident that they would then themselves be the target of lawsuits and/or ethics complaints. Ain’t nobody got time for that.

        So they want this to get to a jury as soon as it can and then have someone else decide it, and then if there is anything else to be done about it, that is in someone else’s court. Plus, there is the fact that these are MoCo people who are ideologically disposed to support a guy who did a hit job on Dan Quayle, and think conservatives are evil (yeah, I know, this isn’t it about right and left. ::rolleyes::)

      • OK, that makes sense, no matter how unpleasant for the defendants.

        Odd that they have won’t let the defendants have any benefits which will delay things, but the plaintiff can dick around all he wants, causing significant issues for the defendants and that doesn’t seem to bother them at all.

        On a very slightly related note, today I noticed that a certain party still has a twitter account announcing himself as the incoming president of the NBC, as well as a web page for the NBC which naturally links to said party’s online radio station.

      • Replying to Earl,

        I’m reminded of the following exchange for the movie Judgment in Nuremburg:

        Ernst Janning: “Judge Haywood… the reason I asked you to come: Those people, those millions of people…I never knew it would come to that. You must believe it, you must believe it!”

        Judge Dan Haywood: “Herr Janning, it ‘came to that’ the first time you sentenced a man to death you knew to be innocent.”

        If the judiciary of Montgomery County lets defendants that they know are entitled to a dismissal go to trial then what will have happened may be different in degree, but, not in kind.

      • Well, these cases sure do nothing to dispel the idea that judges and lawyers are in the business of driving up billable hours.

    • So Kimby forges a green card, gets called out for it, but then the judge decides to let him get away with it after all? Who says crime doesn’t pay?

      • So first of all IANAL. I don’t have someone inside the MoCo courts sending me documents. I only know what I read in the papers (I.e. what has been published on these blogs).

        But discovery has already started. Has the case fallen apart yet?

        It is true that discovery goes both ways. But it isn’t an unlimited fishing license. Sure you can ask whatever you want, but the recipient can object, can reply with nothing, can provide false or forged information, or can reply minimally.

        If the person who has asked the discovery questions is not satisfied with the response they have to ask the court to enforce it through a motion to compel (if you look at case search you will see that this has already occurred in the case, not sure which direction.).

        The court won’t just enforce it on their own.

        Also theoretically discovery should relate directly to the case at hand. Defendants are defending, they can’t really ask for plaintiff to provide evidence of wrongdoing not related to the case. Well they can, but plaintiff can object, and if he faces a motion to compel, can make the argument that the request is not related. That is part of the reason why BK will not specifically identify the defamatory statements, because then it would certainly be within bounds to ask him to prove that the statement about him is false. Making it all generically about false narratives he can avoid those pointed questions.

        Because remember he does not have winning the case as his main goal. He wants to cost defendants time and money.

    • If you look at the timing on the casesearch website, it appears that BK made a second service attempt after the forged first. They found the 2nd to be sufficient (perhaps believing no one would be dumb enough to do 2 forgery attempts?)
      It’s irritating, but while BK is trying the patience of the court, they’re still giving him rope…

      • Again without having read the documents at hand, and just having the blog accounts, BK asked the judge to declare Ali as served, and near as I can tell Burrell was prepared to grant that, and Ostronic argued, no, there was this forgery, so Burrell said, well this is ambiguous, so go back and do it again. So BK did it again with correct procedure, and after time passed, asked once again for the declaration, and this time Burrell said okay. Then Ali filed a motion to have the judge reconsider that, I am sure pointing to the upcoming sanctions hearing, and Burrell stayed the decision. So Ryon looks at it and says, okay, BK forged this, but I am not going to do anything about it. After that, Burrell has issued her denial, I am guessing based on the fact that Ryon chose to do nothing.

        Plus, if you file something in a case saying that you haven’t been served, it is awfully hard to say, well, I didn’t know about it.

        Again, BK isn’t in it to win it, he is in it to harass.

    • I don’t get this idea that judges are going to feed rope until some length of rope has been loosed, then pull it tight.

      Judges have an awful lot of discretion over what they can do in their courtrooms. Remember the story of the judge who sent the spectator to jail for flipping someone off? Yes, that decision was overturned, but the judge could do it, and did. If he had said to the flipper don’t do that in my courtroom, and if you do it again I will tell you not to do it again, likely it wouldn’t mean much. I bet the flipper won’t do it again after having been jailed, whether he was later released or not. Making that decision didn’t cost the judge a thing. He won’t get docked for pay, or lose his job. And even if this is an elective position, it isn’t the sort of thing people vote on.

      I don’t believe the MoCo judges are letting rope out. I suspect that if you or I went in there with a forged document they could find a sanction. Because likely you or I would have our behavior modified by it.

      • There have to be ways a judge can modify even Brett Kimberlin’s behavior, just that run of the mill sanctions (like awarding attorneys fees) are not enough of a punishment or deterrent for him.

      • Agreed. Judges are not in the business of scheming against litigants. They don’t go into their chambers and say “I’m gonna set this guy up to hang himself”. Jurists either act to uphold the statutes, or they don’t. And in Maryland…apparently they don’t.

      • That said, a significantly mindful judge could allow something to play out far enough that they believe that an appeals court won’t overturn the dismissal. (and thus get it sent back to them). I can only hope that this is what is happening with this mess.

  2. Super cool news. CB has apparently rubbed out yet another grand opus and this time it’s about us and alll the horrible things we are doing and how we have practically dug him a deep dark hole in the ground for his eeeternal restiness! Not very quick about are we?

    I can’t wait to read the chapter about me. Probably have to wait for it to show up in the e-book remainder bin though after tax day, I’m not as good as Parky at fixing up 1040’s or fantasizing incomes.

    By the by, anybody ever contact the NPF and ask if he has ever made any sort of contributions? Seems like he might have what with all these promises to do so. I mean at some time before he reads this comment.

  3. So as you all know, thanks to Kyle the fake felon, I have written an amazing new book.

    When I finished “Put On Your Parky Face” in 2011, I said it was a story that likely would not have a happy ending. Because I am a fundamentally unhappy man.

    “My Slow, Probably Very Painful But Hopefully Quick Death” brings the story of my struggle with the progression of my paranoia, hysteria and obsessive need to be perceived as a relevant journalist by ruthlessly cyberstalking and doxing anyone who dares to question my mental state or my journalistic bona fides.

    This will hopefully be my last book. It’s an e-book, self-published as usual, because not even Dead End Street LLC wants anything to do with me any more. It will be available May 8. It’s $5, but if you hold out for a week I’ll drop the price to 99¢. Every penny of profit (and I expect there will be at least seven of them) will be donated to the National Keep The Crazy People On The Interwebz Where They Can Entertain Us Foundation.

    You can reserve a copy today, or wait until May 8 and get it at any of the major online booksellers that sell e-books, because none of them have yet sunk so low as to give them away.

    I don’t imagine Team Kimberlin will be thrilled about this book as it deals with them mostly. The story is told through articles published on Breitbart.com, The Other McCain, Hogewash!, Allergic 2 Bull and a dozen other blogs, woven together by today’s narrative. It’s amazing when I look at the manuscript and see that Hoge gets all of one mention in the first three chapters of 13, and yet he is my chief target. I guess I wanted his attention more than the others did.

    SYNOPSIS

    When retired journalist Bill Schmalfeldt began looking into the personal lives of the members of a Wisconsin activist group, he unwittingly kicked a hornets’ nest of patriotic Americans who would not bend over for a small-minded, uneducated, middle-aged bully hoping to single-handedly disrupt their pro-American agenda. Knowing that increased stress levels and lack of medication cause paranoid schizophrenia, hysteria and obsession to progress at an ever-rapid rate, Bill nevertheless kept kicking away like a methed-up mule, illegally harassing and doxing these activists, bloggers, their commenters and other ordinary Americans for nothing more than his own perverse, sweaty-palmed euphoria. He attacked them on Twitter, Facebook, LinkedIn, email and on his blog in a relentless assault that left Schmalfeldt, after more than two years of daily harassment, reaching out to law enforcement to protect him from the inevitable counterattacks that his efforts had so richly earned. Sadly, in the face of the overwhelming evidence against Schmalfeldt, the county State’s Attorney declined, as in his heart of hearts he knew they must. As his mental condition deteriorated, the pressure increased, leaving Schmalfeldt unable to do much more than speak a sentence at a time without involuntarily barking out “HOOOOOGGGGGE!” “DEFAMATION!” “HARASSMENT!” “LICKSPITTLES!” or “PERJURY!” like a tortured Tourette’s patient. It even became necessary for him to use a rolling walker in his home and a wheelchair outside. Such was his insane obsession that he eventually forced his wife to become his full-time psychiatric orderly. And while local law enforcement, as well as every other half-sane person on the planet, advised him to “get off the Internet” to make the harassment stop (It stops. The defamation stops. Now. Or I will make it stop.), Schmalfeldt doggedly insisted on seeing this story through to the bitter end… even if it meant hastening the end of his life…by prolonged suicide.

    • And of course, I should hope this doesn’t need saying, but I’m going to say it anyway:

      I know that a lot of you LICKSPITTLES!!!! are going to want to read my fabulous book, whatever else you do, UNDER NO CIRCUMSTANCES should you purchase at Amazon through HOOOOOGGGGGE’S affiliate link. The last thing I want is anyone putting coin in his pocket for my DEFAMATION! and LIBEL!

      PERJURY!!11!!!1

      Christ, now my speech recognition software is SLANDER! doing it too.

  4. announcing that you intend to libel someone and actually give a date will completely erase any chance it was without malice making even the slightest misstatement libelous

    What School of Journalism did Bill say he attended (or intended)

    • The legal system seems quite willing to overlook stuff written on blogs or twitter, but blatant libel in a published book somehow seems like something even they would take seriously.

      And since he seems to be saying that he’ll be going after everyone who’s ever upset him, it sounds almost like a class action suit in the making, if you can have class action libel suit.

      • Like at other places – don’t be surprised in an author’s books are pulled by a on-line retailer who was given a copy of a persons parkyticular screed against innocent people

    • The Cabin Boy asserts he attended the Navy Journalism school. Current info says only a 10th grade education is necessary to get they job, and the training is 5 months.

  5. Sounds like it will be a rehash of all the half truths and lies he spews daily on twitter and his blog. I’m not sure what his purpose is other then making himself look more deranged then he already does. Looks like he is going full Shuler

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