In Re ELH-14-CV-1683

Yesterday, Judge Hollander asked if either party in the Hoge v. Schmalfeldt copyright case would be interested in a settlement conference with a magistrate judge. I said that I am willing to participate, but Schmalfeldt said he was not interested. Because one party was interested, Judge Hollander referred the case to Magistrate Judge Timothy Sullivan. I do not yet know anything concerning the schedule going forward.

If successful, this process can lead to a binding consent decree (the violation of which would be contempt of court). If it’s unsuccessful, we can proceed to the motions to dismiss.

42 thoughts on “In Re ELH-14-CV-1683

  1. I wish you very good fortune, and hope you receive a just settlement. I really hope it includes some way to make BS leave you alone.

    • Indeed. Should such a decree be entered, it should spell out that there is to be no de minimis exception for a violation.

  2. BS in 4th grade: “Tommy, you’re a cu*t.” Tommy says: “Oh yeah? You’re a cu*t.” BS says: “Teacher! Tommy called me a cu*t! WAA! WAA!. Tommy said it first & besides, I made that word up!”

  3. unless such an agreement is legally binding (such as when Twinkie does what he said he wouldn’t do he is held in contempt/gets fined/goes to jail etc) I wouldn’t wasn’t my time with it, but then I’m not as nice a person as our esteemed host is.

    This could be Twinkie’s last chance to get himself out of being legally bitch slapped…


    • He thinks he will lose. What other reason could there be… for such a reasonable guy? If not BS, why?

    • I’m sure his doctor would encourage him to enter into ADR, what with all this litigation allegedly shortening BS’s life and all. Seems to me that willingness to arbitrate on Mr. H.’s part is a sign of good will toward BS.

  4. ADR is an umbrella term that includes mediation and arbitration. An arbitration decision should lead to a binding consent decree (otherwise why bother) which is like a court order. To protect a party, the decision and decree need to be carefully drafted.

  5. It must contain a written admission by the cabin boy that he has committed a violation not covered by fair use. And declare that the judge was competent and fair.

  6. Change your mind John and reject the mediation. Bill has demonstrated utter contempt for the rule of law and will do as he wishes, convinced he will never be taken to task or punished in any manner. The HoCo courts have convinced him of this. The only thing that will demonstrate his delusion is false is a loss in court with monetary damages to be paid to the court and an attainder on his property. Violation (failure to pay) in Federal court is a felony bu the way and FedGov doesn’t give a shit about your health or disability. They have entire prisons for people with major health issues. Perhaps incarceration in a FedGov rat-hole for two or three months while the US Attorney files all the proper papers and they wend their way through the Byzantine corridors of the federal system. They move slowly even in the rocket-docket jurisdictions. I waited almost nine months between arraignment and preliminary hearing.
    Time to take off the kid gloves. Even Christ eventually became angry at the abuses of the Temple and took a whip to the folks therein. Be Christlike and flog him, he is deserving of a good flogging.

    • I agree wholeheartedly. It’s show time! By agreeing to arbitration, you bring yourself down to The Elkridge Horror’s level. Let him fill the courtroom with his half-vast legal knowledge.

    • I’m not a lawyer, but subjectively I agree with everything Paul said above. B.S. has surpassed the limits of patience, and it just seems foolish to trust anything other than complete nuclear warfare will get through to him.

      On the other hand, Mr. Hoge has shown he knows what he’s doing with court proceedings so I am inclined to trust his judgment here too.

      Either way, I pray for Hoge’s sake that SchmalFAIL’s depravity is curbed, either by B.S. coming to his senses or ending up a permanent resident of some sanitarium.

  7. Having been personally involved in civil litigation several times, I can understand why sane people wish to avoid it. I am sure that Mr. Hoge is smart enough to insist on a settlement that will protect his interests.

  8. One party has enough confidence in their case to let it be resolved at a judicial hearing. The other party does not.

    Enough said, imo.

    • WMS Radio Network ‏@wmsbroadcasting

      The Hogeists can’t decide if Hoge should be satisfied with taking my personal property or go for my head as well. Because I harass him.

      6:52 AM – 28 Jun 2014

      Admission against interest? Another SCHMALFAIL at Acme Law – the firm with half-vast legal knowledge and experience.

  9. Litigation is an interesting thing. When you claim that you had a sterling reputation before encountering a defendant, you have now made a ton of evidence relevant and admissible to the litigation. Performance reviews, discharge papers, divorce files, audio clips where you talk about someone prostituting their daughter, years worth of tweets and blog posts that you wrote. All in. Heck, sometimes folks go all the way back to high school.

    • I can imagine the rage it would’ve drawn from Twinkie if this was actually said and Hoge responded with “because I believe in the First Amendment and freedom of speech, even speech I don’t like or agree with, I allow people to say what they want on my blog, as long as they stay within the boundaries I’ve set on my blog”…


    • Or it could be because federal law says he’s not responsible for what they say, under section 230. But hey, what’s a little federal law between friends.

    • He’s bored and desperate for attention. Hoge hasn’t blogged about him, yet every tweet sent out today until the last hour has been about Hoge or his readers. He WANTS people to respond, that’s why he’s bringing up the Dallas family and making other comments. That way, he can continue his victim narrative.

    • We could Fisk every tweet, but I suggest ignoring him. Excellent evidence to support WJJH’s position that his harasser is obsessed.

  10. From Michael’s blog in the Questions thread:

    “Bill Schmalfeldt
    June 28, 2014 at 6:45 pm

    And “The Truth”? I don’t know who you are. Therefore,”Fuck you.”
    If we forget there is a commenter there who uses that handle and just read what CBBS wrote, taken out of context…

    Truer words were never spoken – he doesn’t know the truth and wants no part of it. hahahahahahahaha

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