In Re ELH-14-CV-1683

The preliminary injunction hearing in the Hoge v. Schmalfeldt copyright suit concluded just after 1 pm. The preliminary injunction I am seeking is an unusual remedy in a copyright case. Judge Hollander was not prepared to rule from the bench. She said we should expect a written ruling within a week or two.

A side note: Schmalfeldt was accompanied to court by Brett Kimberlin.

UPDATE—As a part of her understanding the infringement I am complying about, Judge Hollander spent a significant amount of time comparing the comments or my 14 April Are You Pondering What I’m Pondering? post to what The Dreadful Pro-Se Schmalfeldt™ incorporated into his ebook My Slow, Journalistic Death. She seemed to find some of the more strident comments off-putting because she had no context concerning what many commenters were replying to. However, she did see that Schmalfeldt had lifted the entire post without complying with the Hogewash! Terms of Service. He did not, where practicable, provide a proper link. By the way, The Fine Print has been recently revised.

One last note about the hearing. Judge Hollander made it clear that she will base her ruling strictly on the law and the evidence presented today. She will not be looking at evidence from extrajudicial sources.

129 thoughts on “In Re ELH-14-CV-1683

    • Don’t be silly! SchmalFOOL hasn’t had contacted with TDPK in months. And we know that’s true because SchmalFAIL told us… oh, wait…

    • Try to be more generous in your assumptions. There are two other obvious possibilities:

      Kimberlin is impressed by what a stand-up guy Schmalfeldt is, and the two have a close personal emotional bond. They care about each other and worry about one another’s hardships in life.


      Kimberlin is a great legal expert who is highly successful and professional. His prior experience involving a lawsuit with a publisher was very positive and makes him an obvious choice as someone Schmalfeldt can seek help from.

      On a side note, if the people Kimberlin sues ever start talking to each other, then they must be prosecuted under the same laws that were written to take down the mafia. Since defending against Kimberlin attacks is so obviously criminal. And we know how much Kimberlin disapproves of organized crime – he would do anything he could to oppose it.

  1. It doesn’t sound too odd for the judge to want to think about things given that, as you say, what you are asking is unusual.

    Nor is it surprising to hear that BK was there. But there is no Team Kimberlin!

    • Yes, and BS said that he had “broken with Brett” and hadn’t talked to him in months. I predicted that BK would make an appearance. Glad AW was there for WJJH.

      • He made an appearance because Bill Schmalfeldt knows too much. Better make a show of support. He can always laugh at him, as he has done before in a courtroom, behind his back.

      • In old Mafioso days, someone like our friend would eventually become a liability to the ‘el tuto de tuto’ and start swimming with the fishes. Not that that would ever occur here. (Rodney Dangerfield rolling eyes)

  2. Fingers crossed. I look forward to more details when possible to provide them without jeopardizing anything.

    The injunction is indeed extraordinary, which makes it an uphill battle. Hopefully, the court will realize it’s warranted under the facts of this case.

  3. Not really a surprise, but not being told ‘no’ right off the bat is an ok outcome on this request. I suspect you had a goal other than the injunction in mind.

    And I guess the cabin boy can no longer claim he hasn’t spoken to or seen the Dread Pirate in months… Well, not with any veracity, not that that would stop him.

    • I agree. With such a presumption against the injunction, that the judge didn’t outright deny it shows the how well our host’s case was pled. Good job, John and Aaron!

  4. And for those just jumping in on the story, Bill would be the guy McCain calls Deranged Cyberstalker Bill Schmalfeldt, who badgered the mother of a dead child for the details of the birth, and Speedway serial bomber Brett Kimberlin, who once brought a bomb to a high school game and refuses to pay his victim a court ordered sum north of a million dollars.

  5. while Twinkie is sure to attempt to spin this as a “win” for him, the fact that the judge didn’t deny the motion is a good sign…
    this is just the first skirmish in the legal war Twinkie is destined to lose badly…


    • If the judge doesn’t grant the injunction, it will be because it is so unusual, and because our host doesn’t generally “sell” his work. IOW, she’d find there isn’t enough irrevocable “harm” to justify such an extraordinary order, technically.

      It won’t be because of anything presented by SchmalFOOL.

      • well that is pretty much a given considering his “wins” in the past have been due to lying about receiving notice to not contact Hoge, and then Hoge being nice enough to drop the violation charges per the mediation agreement (that Twinkie immediately ignored as soon as the charges were dropped)…

        it’s just a matter of time, but Twinkie is going down…

  6. The question I have is how poorly did Bill Schmalfeldt represent himself today? At some point it will become apparent to the judge that Bill Schmalfeldt lacks the legal acuity to have written his pleadings. Inasmuch as this is a very low bar, it might take the judge time to realize that Bill Schmalfeldt is that dumb.

    • so Twinkie seems to think his definition of what is “vile and cruel” said about him is something that should be actionable, yet the vile and cruel things he says to others (not just about them on a blog, and after they have told him repeatedly to leave them alone) shouldnt be…


    • Wasn’t there a headline-making case not so long ago wherein the judge “investigated” on their own and the ruling was thrown out? Aren’t judges supposed to rule on the law and the evidence that’s presented in court?

      Hmmm… could it be that SchmalFOOL got it wrong AGAIN?

      • Indeed, what relevance is there of any comments on this blog to whether or not Hoge’s injunction to prevent Twinkie from further infringing Hoge’s copyright should be granted or denied???


      • Exactly, Rain. There is nothing posted here that could possibly be related to the issue under consideration.

    • It is all well and true that ethical rules preclude the judge from independently researching blog posts. John notes that at the end of his [first] update. But, pointing out that fact misses the best response to Bill Schmalfeldt: bring it on!

      I can only hope that the judge reads this blog. Let her read about how Bill Schmalfeldt issued the veiled threat that the folks here would be happier if we forgot Brett Kimberlin ever existed. Let her read about how because you had a grudged against a poster named “pemason54” you doxed “PEMason54, and, as a result, you left an abusive message on some random stranger’s answering machine. Let her read about how you admitted to no wrongdoing instead blaming your victim for using G-Mail. Let her read about how you harassed a couple over the death of their daughter at childbirth. Let her read about the numerous restraining orders against you.


    1) Because Bill has claimed repeatedly that he hasn’t spoken to or been in contact with BK for months and, indeed, tweeted that he had “broken” with BK. Hoge has never claimed any such thing regarding Aaron Walker.

    2) BK asserts, in court pleadings, that attending a court hearing that does not involve you is tantamount to stalking. WJJH has never said that.

    • He is also suggesting that the judge will engage in ex parte fact gathering, which is an ethical breach.

      • Rats, this last comment should have been a response to Rain, don’t know how it ended up here.

      • well you know Twinkie, he’ll throw anything he can at the “legal” wall desperately hoping something will stick..

    • “WMS Radio Network @wmsbroadcasting · 43s
      Great idea, “A Reader.” The more vile and filthy you are, the more the Judge will support Hoge’s position.”

      nice that Twinkie has plainly stated that in his mind the truth is “vile and filthy”…

      • Except I’m not “vile and filthy.” As I’ve said, I don’t call him silly names, I don’t make fun of his looks, and I do not denigrate his family. What I do is quote Bill Schmalfeldt and critique what he says. Apparently, quoting him is “vile and filthy.” Good to know.

      • “Vile and filthy” from the keyboard of the font from which “the butt stuff” flows? It is to laugh…and then to wash one’s hands and apply some brain bleach.

    • Obviously every single lawyer and judge knows every single law in effect in their jurisdiction and understands all their nuances…..

    • I’m sure she loved the table pounding from an obviously damaged and demented person with unhealthy fixations.

    • That’s a lie. Bill has never once talked to or has knowledge of anyone who claims to have paid money for the privilege of having sex with the woman in question. Unless he can provide the name of someone who actually did give money for sex with her within the next five minutes, then we can safely assume he doesn’t have the information and is lying.

        • Besides, it wasn’t about sex it was about photographic proofs. I’m not saying there wasn’t a little nudge nudge wink wink, I don’t know. But every photographer I know, and I know quite a few, myself included, will gladly set up a time to deliver the proofs and discuss changes. On your dime, not mine. You hired me for my expertise. You wanna question my shots? You pay me the privilege.

        • That’s one bit that I really looked into. As a photographer myself, I had a interest in what happened in that case. It was also my first real exposure to Bill asking questions that were none of his business, and instead of being a real reporter, became a creepy stalker calling authorities and such. It was pretty much the case that changed me from impartial to openly hostile.

      • CryingWolfe, there’s nothing strange about it at all. First of all, if you ask anybody to describe the worst of Bill Schmalfeldt, 99% of respondents will say “look up Lee Stranahan”. Second, it’s probably the most well-documented of Bill’s “investigations”-cum-harrassment. And third, IIRC, back when Bill was Mike’s buddy, Mike had the chance to ask Bill some pointed questions about the Stranahan situation. It didn’t go well.

        So it was all out there, and a few hours reading, and some REAL journalism, would make anybody an expert on that situation, and deathly ill.

        • For the most part, Perry, you nailed it. Except I stayed silent for a while. I was already souring on Bill before I heard about the Photographer.

    • Since Bill thinks anyone not him is “dim”, an “idiot” and/or “retarded” (the polite things he’s said), of course he’s ignored anything anyone else has debunked.

      Only the great investigative journalist Schmalfeldt can find out the true facts!/sarc

    • I’m not saying Kimberlin is a pedophile, but I am saying he appears to have an unhealthy fixation on females who are not legally capable of consenting to intimate relations due to their age.

  8. Well, just in case someone is reading, may I suggest the following? First, Google “Bill Schmalfeldt.” Then, read this by Ken White, a former prosecutor and criminal defense attorney in L.A.:
    “True Threats, True Incitement, Or Truly Crazy? The Rhetoric of Deranged Cyberstalker Bill Schmalfeldt”

  9. I expect the following advertisement to show up in a Maryland buy and sell shortly:

    For Sale: One slightly used Prius, low mileage, driven mainly to and from legal appointments. Needs springs on passenger side replaced. Will consider trade for legal services.


    OH, HOGGY! Everything you touch fails! Speaking of fails, did Hoggy Jr go with you to court or would KFC not give him time off from work?

    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!! Oh, sweety fucking Jesus. This is your entire life. Court failure after court failure. Nice legacy!! HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!

  11. A HA HA HA HA HA! Update to the terms of service:
    “The exception to this grant is that individuals, organizations, and persons associated with those organizations listed in Copyright Blacklist below may only read, cite, or link to Hogewash! content, but may not quote, print out, or otherwise use such content.”

    • Oh my goodness… how pathetically desperate to have anything, anything at all, to point a finger at. hahahaha

      • you know, clarifying the rules for the functionally illiterate does NOT mean that idiots like the functional illiterates get to get away with copyright infringement made before the rules were clarified….

        you break the rules, you pay the price…just because our esteemed host has chosen to spell it out in crayon for you idiots who think you can draw attention away from Twinkie’s illegality by doing the same, doesn’t change the facts of the case.

      • Nice going Bill. Remedial reading comprehension for you.

        Once again he opens the door square in his face.

      • Cabin Boy: I saw A Reader’s comment before I bothered to notice the blog post update, therefore, the blog post update couldn’t have been there prior to A Reader making a comment regarding the blog post update.

        Good grief. The Cabin Boy is trying to out-stupid the Cabin Boy.

      • When you are a pathological narcissist, nothing EVER happens until you notice it has happened.

  12. Altered state of reality. What Bill remembers happening in court today and the actual reality of the event are mutually exclusive. In Bills mind the judge is not impartial, thought he was handsone and well spoken and is a keen legal mind who is being abused and victimizes by a cabal of dim nut-jobs that cannot fathom his genius and mandate from a soi-disant “god” to ferret out the “real truth” and all those who do not immediately cooperate in full are criminals.
    Reality is 180° away from everything that Bill is convinced of …
    I hope John has a lot of shoes to keep Billy busy with that shine box …

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