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.
Prayers and good wishes to you. Of course, you now have more evidence of the Team Kimberlin influence.
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.
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)
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.
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!
Ack, forgot about double link causing post to hang in moderation. Here is single link with both; please delete the former, John.
BTW, one doesn’t need to have a twitter account to read Aaron’s tweets.
Reblogged this on Dead Citizen's Rights Society.
Reblogged this on Dead Republican Party (DeRP).
She probably had to go back into chambers and let out a big laugh at the counter claim. You damn well know that thing is hanging on a wall of shame at county clerks office.
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.
In other words, real class acts. The both of them.
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…
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.
There is no Team Kimberlin.
Did the sawed-off domestic terrorist happen to have his rabid journamalist on a leash in court today?
Vile and cruel? You mean like Bill calling a grieving mother who lost her child a whore? Like that? If the judge does indeed “take a peak,” well, folks should ensure that BS’s parade of hits figure prominently in the comment section.
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…
Like “have your medication adjusted.”
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?
Yes, see below.
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..
3) Because Aaron Walker is not a convicted bomber.
“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.
Angst? People expected him to show up. He has to keep BS mollifed to protect his own hide.
Or to keep Bill’s mouth shut about things that could hurt the bomber’s cases.
Walker never blew a guy’s leg off. Never.
This is known as “arguing your case.” Otherwise, all those lawyers are doing it wrong during SCOTUS oral arguments.
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.
Then I think posters need to revisit some of Bill’s greatest hits. Every thread concerning Bill should contain at least a few of the vile things he’s written in the past.
Help the judge with some research.
Is Bill implying that the Judge is going to engage in unethical investigation outside of the case at hand in order to make her decision? What was actually said in that courtroom?
Yes, he is indeed.
Didn’t he also write that she’d rule for him because she was appointed by a democrat? If I was the judge, I’d be offended by both comments. He’d better hope she doesn’t “peek in” here.
This is the copyright case. Should it matter what vile and crude things are online? ? If so, Judge I’d like you to meet Mrs. Stranahan.
I’d like her to meet Canon 3.A.4.a of the U.S. Courts Judicial Code of Conduct, personally.
I wonder if Bill is so ignorant to believe that if Heronnor were to breach her code of ethics (much more rigorous than the ones Bill breaks as a journalist); that she would limit herself to “peeking” here? Or might she peruse some of the filth that he regularly … leaves … on the internetz.
Well if she is going to be peeking in here we’ll just to include a quote from himself with every comment. Who was it that said, The only thing you need to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.”?
Stacy McCain of course …
Well, if she were to peek in here, she might as well peek over to Popehat and take a gander at True Threats, True Incitement, Or Truly Crazy? The Rhetoric of Deranged Cyberstalker Bill Schmalfeldt as it was written by a fellow who knows a thing or three about lawyering in these here Federal courts.
No, it isn’t. In fact it has been denied and debunked, all of which has been ignored by BS.
And moments after asserting that she’s a prostitute, he says this:
Lord Almighty he is hands down the most disgusting man I’ve ever come across.
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.
“[W]e can [always] safely assume he doesn’t have [any] information and is lying.”
Bill Schmalfeldt is lying?
The deuce you say.
/sarc (like that was really necessary)
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.
Once again Michael, for a guy who stumbled upon the situation almost by accident, as you claim, you certainly know a lot about the 2012 back story of Lee and his wife.
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.
Wonder how many times Kimby laughed at Bill behind his back this time?
Oh, BS just made a crack about “what grownups tweet.”
You mean like this?
Or the tweets listed in this piece by respected attorney Ken White?
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” http://tinyurl.com/n6m9a7f
GMTA, A Reader, Again! hahaha I think I’ll just sit back and wait for you to post what I’m thinking for a while. 😀
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.
Also needs badly stained right front seat as well as front right and rear right carpet replaced.
Infringing on his copyrights? Filing a federal lawsuit that you trumpet on social media, only to drop two days later? Publicly and repeatedly calling him a perjurer?
Accuse the accusers. BS’s widely documented trail of harassment is now harassment? So, restraining orders in two states are harassment, too?
You say that as if it is a good thing for you Bill. Trust me, it isn’t.
Go ahead, try it.
Any human being remotely attached to reality would be embarrassed by those Google results.
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!!!
Wow, the Judge is really getting an eyeful with this one…
Will you be making that same comment to Howard Earl? I bet not. Hoge does allow some vile stuff on his site, it’s true.
1. Inclusion of a comment on this site does not imply endorsement of its contents.
2. Some comments that get past automated moderation are redacted or deleted.
3. While I make every effort to redact or delete comments that I find unsuitable, I don’t catch them all.
Wait until she sees the butt stuff. Bill’s habit of exposing anyone and everyone on the Internet to his anal fetishes should really give him a lot of credibility with the court.
Not that it is any of your business, Ironside. Trust me. It isn’t. Mr. Hoge has redacted and/or deleted plenty of my comments. As is his right. We all comment at the pleasure of the host.
Hi mr swatter man.
Nah, that comes off more like Bill’s boy toy Wee Willy. He is about as foul and stupid as the Cabin Boy and likes to jump in when he senses the Cabin Boy is about to be humiliated again.
Gotta agree with Frankie; inasmuch as that’s not Neal.
That’s Fatboi stalking again!
I wonder, oh, how I wonder, who could have sent this?
So Seaman Slurper arrived with the pip-squeak diddler?
Did the shuttle say “FREE CANDY” on the sides of it?
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.”
Uh, huh. And you know how I found out? The UDPATE to this post by WJJH. You know, where it says UPDATE in capital letters? At the top of the page, top being the opposite of bottom?
Oh my goodness… how pathetically desperate to have anything, anything at all, to point a finger at. hahahaha
No, I suspect he did so because Willie threatened to copy WJJH’s entire blog onto his blog:
and he just doubled down on copyright infringement:
Wow. It’s like they’re trying to out stupid each other. And making sure to provide irrefutable evidence of it.
Well an “out stupid each other” contest is probably the only one they have any talent for.
Let Wee Willie print anything. With any luck it will keep him from making more “music”.
Why do I feel like I’m watching The Gong Show.
” By the way, The Fine Print has been recently revised.”
Um, no, WJJH announced it on his blog. His Fine Print page notes the dated that he updated it. It’s not my fault that someone stalking this blog often appears to be functionally illiterate.
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.
Looks like he has the TOS firmly locked into the reality warp between his ears.
I am watching The Gong Show.
Per Library Gryffon’s comment earlier in this thread, once again the mask drops and self-styled advocate for the disabled BS shows his true colors:
well I can’t speak for the rest of the commenters, but I don’t find being called a tard BY a tard that insulting all in all….
That’s Fatboi trying to sound impressive…except morons can’t!
Uh, Bill, who the hell are you talking to? We’re the only people who look at your timeline, and that’s just for S&Gs (and to document your admissions).
How about some examples, yogurt-nose?
An ass joke.
It’s safe to say Bill’s got nothing. Notice how quiet he got when he was asked that?
Indeed, “nothing” sums up Cabin Boy’s entire frivolous pleading.
I hear he knows quite a bit about the throat yogurt, also.
He merely let’s CBBS speak for himself. Quoting him is all that is necessary. It’s not libelous, nor defamatory – unless CBBS libels and defames himself.
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 …