Judge Creighton found that Ali Akbar has sufficient connection to Maryland for the Circuit Court to have personal jurisdiction over him. Therefore, she denied his motion to dismiss based on lack of jurisdiction.
The next step will be for Ali to file a formal answer to the suit.
Meanwhile, The Dread Pro-Se Kimberlin failed to meet his discovery obligation by close of business yesterday. Appropriate measure are in process.
You can help Ali, Aaron, Stacy, KU, and me defend ourselves from Brett Kimberlin’s vexatious attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.
The result doesn’t surprise me. I am also not surprised by Kimberlin ducking discovery yet again. Something tells me that this will drag on until his is jailed in contempt or the case is thrown out, but I doubt anyone will get a single scrap out of him. Interesting that he scrubbed his websites just before the deadline no? Oh, and his PR Flack has been doing the same. I guess with is case in the crapper and now Bullyville turning an eye on them then are both running scared.
Personal jurisdiction is a pretty low hurdle. I didn’t think Akbar would win on that front.
TDPK fails to comply with discovery, no surprise there either. I’m sure your attorney is taking care of things on that front. Sanctions ahoy!
Failure to comply with discovery in lawsuits that he files is a pattern of behavior, which, of course, should be pointed out in a brief.
question, if BK continues to refuse to comply with discovery, can the Judge dismiss the case? or can a Judge actually let a plaintiff ignore discovery and allow the case to continue??
O.o
Yes and Yes. See the problems Aaron had. He turned over everything under seal which Kimberlin promptly gave to his PR Flack Schmalfeldt with instructions to publish as once, which Schmalfeldt did being the good toady that he is. As far as I know BK was never sanctioned or forced to turn over anything and just walked away scott free.
What connection would that be?
I think BK will file some sort of discovery soon. He just had to go beyond the deadline to show that he does not care about the rules. He is gonna do what he is gonna do. Nothing changes about him.
When is the deadline for filing counterclaims and adding parties?
Ah, found it. Joinder of additional parties – deadline is May 20.
Did he file nothing? Or something inadequate?
If I had to guess – and I do – I would say that he probably responded earlier with objections to all discovery requests as harassment. Which is probably why there were negotiations over them.
Of course. You know the rules don’t apply to him.
The defendants have filed a motion for immediate sanctions against BK on the discovery issue. Not sure what that motion says, but it is not, apparently, a motion to compel. I am guessing there is some reason for that. But typically when a party does not provide discovery, there is a motion to compel. If the judge grants it, there is some date certain by which the party is ordered to answer the discovery. A judge might also at that point award attorney’s fees to the moving party, as they had to go to extra effort to get what they were supposed to get under the rules anyway.
If the party has been compelled and STILL fails to comply with discovery, the issues get a bit stickier, because now it is contempt of court. But it doesn’t necessarily happen automatically – someone would still have to move for the contempt.
There is also sort of an automatic thing that happens with discovery not provided. Well, kind of automatic. If something was requested in discovery and not provided, it can be excluded from case. So for example, say the defendants asked for an original birth certificate of someone in discovery. And this was not provided. Later, in the case, the plaintiff presents a birth certificate as evidence, saying, look, it proves this point in my case. The defendants can have it stricken, because they asked for it before, and it wasn’t provided. (A judge could, however, still allow it based on circumstances.)
Of course, the plaintiff could always lie, provide false documents, provide minimally responsive and ambiguous answers that are hard to get adjudicated as failing to provide discovery. He might even do that after the deadline has passed. To just show, as someone else wrote, that the rules do not apply to him.
I wonder if he provided false or forged answers to the interrogatories. That might explain no motion to compel. Because why compel more forgery or falsehood?
I don’t think TDPK is smart enough to know how to provide non-answers to discovery. That takes a particularly weaselly lawyer-type mind.
Personal experience.
He’s a weasel. Just an utterly incompetent one.
Trolls gotta troll.
Complying sufficiently with discovery would move the case along. That is not his goal. His goal is to cause as must court cost and time to the defendants as possible. Nothing new there but we have to remember what he is primarily trying to do.
BREAKING: admitted dementia sufferer and serial harasser Bill Schmalfeldt is libeling Hoge on Twitter, after promising that he would no longer “fight.” He is doing so despite no articles by WJJH about BS for about a week. Harassers like BS have to harass, I guess.
Bless his heart, Bill is desperately trying to get a reaction so he can pretend that he is the real victim. I mean, if no one will respond, what will he have to prove we attacked first? /sarc.
And now he is claiming that I am “smearing” PD patients when I am only holding him to his repeated admissions that no one can trust what he writes anymore because of the loss of executive functions due to PD dementia. He has tweeted that multiple times, but finds it infinitely more convenient to lie, as he always does, and blame others who remind him of his own words.
Hilarious. I “attacked”? No, indeed, I was responding to a tweet sent out by admittedly biased Bill Schmalfeldt, who admitted that he wanted to see Hoge suffer, and also admitted that he would not be unbiased in his reporting. A fact, of course, that is extremely relevant when reading anything he writes about Hoge.
Biased Bill Schmalfeldt, who pretends to be a reporter while sitting in his pajamas all day, suggests that WJJH should have committed perjury instead of testifying truthfully. Well, his “very good friend” is a convicted perjurer, so you can judge a man by the company he keeps.
I’m sure neither Bill nor Brett can understand that none of the defendants in Brett’s cases would expect any of the others to answer anything but truthfully, even if those answers turned out to not help a given individual’s motion.
B&B both believe in saying whatever seems most helpful to their cause at that moment; if they later contradict themselves and someone dares bring it up, they obviously hope that whining about “false narratives” or other similar meanness will make everyone forget or ignore B&B’s past statements or actions.
He needs THE CURE!
BS’s admission of bias:
From February 10:
http://hogewash.com/2014/02/10/team-kimberlin-post-of-the-day-346/#comment-25556
Quoting Bill Schmalfeldt from his blog, since sanitized:
“Now, I will report aggressively on Brett Kimberlin’s lawsuit against Hoge and his co-defendants. But I will not be unbiased. I have news that I am sitting on until early next week. It is not good news for Hoge and his co-defendants. (I’ll tell you this much. I won’t say if it’s the state case, the RICO case, or both. Some will save themselves at the expense of others. This is not speculation.)
And I can’t fucking WAIT until I can write about it without risking the outcome.
And for every dollar Kimberlin takes from Hoge, for every piece of property Kimberlin takes from Hoge, for every bit of suffering Kimberlin causes Hoge, I will smile. I will laugh. God forgive me, I want the man to suffer. And according to this story I am sitting on, suffer he will.
Remember where you read it.
Suffer, he will. It won’t match what he’s done to me. But it will be a small measure of satisfaction to have lived long enough to see Karma bite him on his pockmarked, pimply ass.’”
What are the odds that Bill will post any tweets referencing the comment I’m replying too? I’m guessing about zero.
When that quote appeared in the comment section of this blog on March 25, this is what Biased Bill tweeted in response:
Bill Schmalfeldt @ParkyBillTweets
I meant every word of it. Still do. pic.twitter.com/UZ1ndSssNP
11:34 AM – 25 Mar 2014
BS admitted that he is biased. I believed and still believe him. I remind people of his confession. BS accuses me of . . . bias for quoting him.
If you want to discredit Bill Schmalfeldt, all you have to do is…
Yes, you, over there with your hand raised?
…Quote Bill Schmalfeldt.
Ten points to Gryffindor!
BREAKING: BS admits that getting only one side of the story is “collecting facts,” which he will then report. Does not deny that he is biased when confronted with his own quote.
OK, I was partly wrong. He’s admitting to his bias (sort of). But I still doubt he’d ever show a screen cap of that comment.
Plus his “eye witness” is Kimby himself. Gee wonder how that story will be slanted. But it’s the Cabin Boy. No one really expects him to be honest. He’s a documented serial liar.
BTW, he says lying is a sin. With the amount of lying he does he must be aiming for a warming climate when the time comes. Well unless the Secret Society of Midnight Court Clerks can work a deal for him…..
Frankie, do you still have that quote from January where BS says that he can’t be trusted anymore because of his PD? You’ve posted it before.
https://pbs.twimg.com/media/BnjPJMaIgAAn9ws.jpg
Little grainy but you can read it
Ah, yes, the millionth announcement of the retirement-that-never-happens.
In related news to the breaking story by “A Reader”; water is wet.
Heh. I do that because Biased Bill always does it prior to publishing something obvious, or completely biased.
Oh, and further evidence of BS’s impaired analytical skills: http://hogewash.com/2014/04/28/a-biological-analogy/#comment-39263. His “brain,” you see:
Bill Schmalfeldt @PatOmbudsman
@bexmajella @embryriddlealum His name is Robin Causey of Chino Valley, AZ. Read this. … I have filed DMCA takedown.
6:01 AM – 29 Apr 2014
Bill Schmalfeldt @PatOmbudsman
@bexmajella Do me a favor first. Look at the story I wrote, and the flow chart. My brain ain’t what it useta was. If you see a logical flaw.
6:31 AM – 29 Apr 2014
Bill Schmalfeldt @PatOmbudsman
@bexmajella If you see a logical flaw, let me know. I believe his home number is in the story.
6:32 AM – 29 Apr 2014
Bill Schmalfeldt @PatOmbudsman
@bexmajella Do me a favor and double-check my work and look for logical flaws. My brain, you know.
6:33 AM – 29 Apr 2014
apparently Twinkie has admitted publicly that he intends to continue harassing our esteemed host as soon as the PO extension expires…
Lobotomy Radio @LobotomyRadio · 6m
I’m forbidden from contacting Hoge to ask him. However, he is free to contact me and tell me his side. I just can’t ask. Not for a month.
O.o
Twinkie seems to think the avatar I use on Twitter somehow negates the meaning of his tweet….
O.o
For all he’s worried about other’s grasps on reality, Bill’s seems to be slipping pretty badly when challenged. Projection anyone?
he has no grasp to speak of,
when he accuses people who react/respond to his provocation as “attacking” him, you know he’s not just a few fries short of a happy meal, but missing the fries, burger, toy and box…
O.o
In truth it is my belief that he really does know what he’s the real provoker. He is also in touch with reality enough to know that he’s going to get more support as the victim than the aggressor, so he lies to try to make it look that way.
I agree with librarygryffon. SchmalFAIL is unquestionably addled, possibly due to his admitted dementia. However, he still has enough contact with reality to regularly delete his ravings and his attacks on others.
Of course, I suppose it’s possible SchmalFAIL’s mental faculties are so far gone from his admitted dementia that the deletions aren’t self-directed. It’s possible that someone else is advising him to delete. But who on earth could tolerate contact with SchmalFAIL long enough to do so?
Tweets like this will be helpful when BS is on the witness stand:
Lobotomy Radio @LobotomyRadio
I can’t say as I blame Hoge. If I ratted out a friend, I’d be ashamed, too! #tlot #topprog #p2
11:39 AM – 13 May 2014
https://twitter.com/LobotomyRadio/status/466286608271290368
Telling the truth = “ratting out.”
considering the number of times Twinkie has twisted the truth, spun it and outright lied about it, I’m sure to him actually being truthful is ratting out…
O.o