In Re ELH-14-CV-1683

Yesterday, I mailed my Motion for Preliminary Injunction in the Hoge v. Schmalfeldt copyright infringement case to the Clerk of the Court. It is now posted on PACER.

The motion speaks for itself, so I do not plan to have anything substantive to say about it until after the hearing.

57 thoughts on “In Re ELH-14-CV-1683

  1. Bill is still adamant that he has to see the transfer document from Krendler to Hoge himself. I’m sure that arrangements can be made for an officer of the court to view it, and, when said officer agrees that it is a legal transfer, to inform Bill of that fact. There is absolutely no reason that Bill has to see the document personally.

    • well, yes there is, how can he go after PK in the RW if he doesn’t know his real name? OH yeah he says he has no interest in who he really is, and he is such a stand up HONEST person we should all trust that……yeah….riiiiiiight… /sarc

      again the reality that Twinkie is missing is no one has to prove jack shit to him and if he were serious about not wanting PK’s real name he’d accept the courts verification of the transfer of rights…
      but he wont and we all know why..


      • I have a secret fantasy, and it’s that Krendler is one of the top intellectual property attorneys in the U.S. And on top of it, it turns out that he’s also . . . JERRY FLETCHER!!!

      • He’s claiming that because he’s acting pro se he gets to see all the documents, just as his lawyer would.

        It is my understanding that in certain instances even the opposing lawyer doesn’t get to see things. The judge does, and he decides whether the other lawyer needs to see it, or if the lawyer just has to take the judge’s word for what is in the document.

        I’m sure some of the folks on here with legal training (of which we seem to have several, contrary to Bill’s insistence) can correct me if I’m wrong on this.

    • Great idea. I’ll heat the oven for cheesesticks, too. Meltdown is winding up for launch… hahahahaha

  2. I’m just a lickspittle, according to one person, but implicit in fair use is proper attribution, among other things.

    “Officer, I just borrowed the car from the car dealership! I left them a note saying so!”

  3. Mercy me, I feel a headache comin’ on from the sheer irritation of someone who doesn’t know what he’s doing arguing case law.

    • Time for Tylenol. Remember two weeks ago when BS promised he wasn’t going to litigate this on Twitter and his blog?

      He lied.

      • Was that your shocked face, A Reader? I ask because it looked like a smirk stifling a laugh. šŸ˜‰

      • The definition of hubris is someone who admits that he’s never been involved in civil litigation, acting like he’s Perry Mason. Legal research is a class that takes an entire semester in law school. Cases are very fact specific (CASSIDY!!!), and portions of them can be overturned by later cases. It can be tricky stuff.

      • Dianna –
        Yes, I did, but Harry’s constant use of the expression “Hell’s Bells” drove me nuts.
        Predictably, Jim Butcher answered a couple of small, peripheral questions and opened up a whole new mess of mystery. Did you like it?

      • I did, but, like you, I got tired of some of his verbal tics.

        Also, the “softening” of Winter is not working for me.

        Sorry, I’m typing on my phone.

      • The way I look at the “softening” of Winter is that Mab is coldly fixed on her agenda, and will do anything to achieve it. In this case, she’s preparing for war against the Outsiders, which requires some actions that make her appear soft. At least that’s my working hypothesis at the moment.

        I am not a fan of urban fantasy, at all, but the Dresden Files captured my interest and held it. Going on 12 years now, I think.

  4. There is a hole in this pleading, a very small one, but it is there. The hole should not be fatal to the motion, and even if it were, the motion probably could be supplemented by writing or orally at a hearing. In any event Mr. Schmalfeldt is probably not clever enough to have a clue as to what the hole is. Even if he did know where it was and what argument to make, as I opined previously, the hole can be filled in orally at a hearing or in writing with an amendment to the motion. I have no interest in helping Mr. Schalfeldt and cannot help Mr. Hoge. Hoge is still on the right side of this, should win, and probably can win even with said hole, but a well plead argument makes no assumptions and explains both why you are right and why they are wrong. In the words of Forest Gump…


  5. He’s back to non-stop name calling soon he will dox someone to make himself feel better

    In other news Kimberlin’s looking at his last summer in the basement…

      • He’s on his “Hoge has lost every case except the peace order and he lied to get that” rant. This is the 10,000th rerun, so you’re not missing much.

      • as usual he’s leaving out the only reason the first petition for a PO was denied was cause Twinkie himself LIED about receiving notice that Hoge wanted to be left alone…

        his only consistency is in what he leaves out, never what he says…

  6. “Hoge has lost every court battle”

    A man, in a trailer screams for help, no one comes, is this apathy? is this the end of society? Is this HILARIOUS?

    Hope his Wednesday School of Journalism has a help line

      • Not that I was ever planning on moving to Maryland, but after watching the legal issues with the courts in MD over the last few years, I can guarantee that I will never, ever, move there. If I have to work there, I will live in a bordering state, even if it means a massive commute.

    • exactly..

      today’s rendition of “see how I’m right, See!! SEEE!!1! LISTEN TO ME!!!!1!!1!” total blows yesterday’s attempted narrative of “lets just work it out already, no need to go to court”…
      of course the ridiculous “answer me by MIDNIGHT or else!!” schtick tended to do that anyway..


  7. Lib Griffy – Maryland enjoys its easy access to DC But Baltimore is failing and soon an exodus like what happened in NYC in the 80’s will be occurring for the whole state

    In other news the Texas Highway commission just ordered 100 million tons of concrete..

    • In other news, the flood of refugees are moving east. Interesting how they’re ending up in red and purple states, huh? Maryland, a blue state, turned them down. (safe link to Richmond Times Dispatch)

      • I suggested to a more liberal minded friend that we should put TX, AZ and NV national guard on the board to stop this mess and she was like, what are they supposed to do??? shoot them??
        I said sure, why not? I imagine after the first 20 or so get shot down the rest will get the message and turn around…
        don’t know why she was shocked, what else do you do with an invading group??


      • I’m seriously considering TX for retirement (or later, depending on how other bits of life go). I was born there so I should be able to get back in, right? 8) I promise I may live in a blue state (though most of the local government is red, weird), but I have no intention of trying to bring our bad habits with me!

      • I’ve heard good things about Texas, from the various friends I have out that way, but think it’s prolly just too hot there for me…

      • TX may be too hot, but any state that isn’t too hot, is going to have far more snow than I want to deal with in the winter.

        As long as I can have A/C and not have to leave the house during the day, I should be OK.

  8. Oh, this is hilarious. It just occurred to me that Cabin Boy probably does not understand the strategy behind this filing.


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