Team Kimberlin Post of the Day

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Judge McGann threw out five of the seven claims for relief in the Kimberlin v. Walker, et al. nuisance lawsuit on Tuesday morning. He also denied The Dread Pro-Se Kimberlin’s motion for summary judgment against the defendants.

I have held off publishing either sides filings related to yesterday’s hearing until after the judge ruled. Now that TDPK’s motion for summary judgment has been denied, I’ll comment on it.

But first let me explain to those of you with your hands raised about what a summary judgment is.

A summary judgment is one entered by a court for one party and against another party without a full trial. It’s a determination on the merits based upon the court’s finding that there are no disputes of material fact requiring a trial to resolve and that in applying the law to the undisputed facts, one party is clearly entitled to judgment. In plain English that means that yesterday the judge found that there was no question that both the facts and the law were against Kimberlin’s claims for relief related to abuse of process and malicious prosecution, conspiracy to abuse process, intentional infliction of emotional distress, harassment, and stalking.

In order to establish the elements of malicious prosecution, TPDK needed to allege that the criminal complaints filed against him were without probable cause and were filed with malicious intent. He did not allege either with sufficient particularity for the judge or the defendants to know what acts the defendants might have committed that resulted in his claimed tort.

He had a similar problem with his allegation of conspiracy to abuse process. He also could not overcome the fact that conspiracy is not, itself, a tort.

He did not allege the elements of intentional infliction of emotional distress with sufficient particularity for the court understand the nature of his distress or what damages he might have suffered. Pleading severe butthurt was a non-starter.

The claims for stalking and harassment were thrown out very early in the hearing after it was pointed out that there are no such torts and after TDPK admitted he could cite no case law supporting his claim.

popcorn4bkThe counts related to defamation and false light invasion of privacy still survive. For. Now. TDPK hasn’t provided any of the discovery related to those claims, and the sanctions imposed by the court will prohibit him from introducing any related evidence if he has not complied with discovery by 10 July.

Stay tuned.

155 thoughts on “Team Kimberlin Post of the Day”

  1. Pingback: The Court dismisses a lot of Brett Kimberlin’s case… | Batshit Crazy News


  2. Thanks for the update and explanations, John. There’s so much spin going on with CB and Wee Willy, I had to look away before I got vertigo.

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  4. The point was to cost you guys a lot of time and money. Seems it’s costing him quite a lot of time. When it’s over it’d be nice if he were held responsible for everyone’s legal fees.

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  6. Well, the weather is cooperating…

    Apparently, there is some concern tropical storm Arthur might just turn into a hurricane, and smack the mid-Atlantic states this Friday.

    I can hear the excuses from the Dread Pedo Brett Coleman Kimberlin, now…

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  7. Some folks think that the defendants will have to prove that their statements about the plaintiff are true. In fact, it is exactly the opposite: the plaintiff has to prove that they are false.

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    • In a nutshell, when you sue someone, as the plaintiff, you have to prove your case. That rule does not change in libel actions.
      “Prove that the statement is false. In order to be libel, the communication must be untrue. It is your burden to prove that a lie was told about you.” See http://www.wikihow.com/Prove-Libel

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      • There’s too much factual and circumstantial support for BKs unwholesome predation on very young and/or undergaged girls, for him ever to succeed. A reasonable person can look at his “career” with young women and draw natural conclusions. How else can one view his romance with tweenager “Jessica” or the number of young teens he told Singer about or the situation with the teenagers from the Ukraine? I can’t know exactly what his damage is, but I suspect the tiny terror feels inadequate and seeks those he can manipulate, control and push around.

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  8. I’ll point out that the only person suggesting that Cousin Bill be torn asunder is…

    Cousin Bill.

    Still denying our relationship, Cousin Bill? Can’t say that hurts my feelings, I’d just as soon you weren’t my relation…but you are.

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    • Call me a fool for believing your cuz, but I do believe that he has a pinched nerve and is in a lot of pain. Perhaps, while reading this blog, he will see this comment. This pain is treatable, even if one doesn’t want to have surgery. It requires injections at the affected joint, they are not addictive, and the benefits can be miraculous and immediate. Sometimes it takes a series of shots for long term relief. One’s physician can provide a referral to a reputable pain management clinic.

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  9. Watch out, BK is going to sue you for intentional infliction of popcorn boxes, poppery with intent to lurk.

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    • I believe he has already bitterly mentioned the popcorn boxes – in a pleading for court.

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    • A technical point. Wanting to diddle kids makes one a pedophile. Diddling kids makes one a child molesting/raping pedophile. “Teen Dream” and his very public pronouncement that every adult male, including, presumably. himself, wants to live that “teen dream” is all that one needs to establish that he is a pedophile. Proving that he actually raped a fourteen year-old child would be icing on the cake.

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  11. https://twitter.com/wmsbroadcasting/status/484344901052555264

    For a while this morning I couldn’t figure out what set Bill off, then I saw Kyle’s “fetal monitor” comment. Notice Kyle makes no other mention of the situation with Lee, but Bill makes tweet after tweet screaming about it, with each and every tweet @mentioning Lee. For no other reason than dragging him back into the discussion. His only shield protecting him from anybody discussing his appalling behavior with Lee is Lee’s desire to move on. So any time anyone brings up Bill’s behavior in the Stranahan situation, Bill turns around and (rhetorically) smacks Lee upside his head.

    ***SMACK***

    “I HOPE YOU PEOPLE REALIZE I’M ONLY DOING THIS BECAUSE YOU’RE MAKING ME!”

    ***SMACK***

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      • You know, in addition to being a fat, useless punk, BS is also a RICO Racketeer. He is on the docket as being the subject of a RICO case.

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      • Lee handed Cabin Boy his ass. It was a beautiful thing to see. Yay on Lee for calling that disgusting, sick-excuse-for-a-human-being out on his lies and continued abuse of that poor family.

        Hell is a very real and very horrible place for one to spend all of eternity. BS appears to be diligently working on his one-way ticket.

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    • It’s not different from any abuser saying “look what you made me do. You crossed me now I have to kick your friend’s dog. Why do you hate your friend, and want his dog kicked?”

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      • I see mentally ill people pull that gambit all the time. Deb Frisch, deranged cyberstalker, pulled that crap constantly.

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      • “You are now personally responsible for this poor little dogs ribcage being smashed. I hope you are proud of what you have done.” – Member, Deranged Cyberstalkers and other Assorted Defectives Club

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      • That is a common theme during Bill’s faildoxes. The person in question will say “that person you doxed isn’t me”, and Bill will reply “well unless you tell me who you are and prove it, I’ll keep harassing this person and it will be all your fault.”

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      • @wmsbroadcasting @stranahan Again with the “You forced me to abuse you and or others you love.” I HAD TO. You didn’t do what I wanted you to do so I was forced to abuse you.” That’s actually a bell-weather of mental illness, (and of course its proof he’s not sorry for his bad acts.)

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  12. AW tweeted that he doesn’t think that BK understands what happened in the court yesterday. To some extent I guess that is the case. I would imagine that he doesn’t understand why he has been getting away with it for so long, and only now is he getting called on it. (Kind of a mystery to me, also.)

    Things often turn on who your judge is. The women of the Montgomery County District Court seem to have much more tolerance for his sad little “the bad men are mean to me” stories.

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  13. The Elkridge Horror is trapped and he knows it!! The only way he can force and bully his way out of this trap is to threaten and extort his way out. It’s the only way he knows how!

    When BS gets put on the witness stand, he will experience a cathartic cleansing of the soul unknown and unexperienced heretofore. OF course, he will face perjury charges for his past misdeeds and poor judgment under oath, but he will finally begin to vomit out the absolute truth, not the truth as he masquerades on his website, but indeed the absolute truth. BS is a psychopath, in my opinion, and cannot see reality. He only can discern vague images of unknown monstrous horrors lurking in the background. His fantasy world of enemies and other villains exists only in his pathetically deranged mind.Every one else in BS’s world has done wrong to him. He cannot feel any shame whatsoever at those poor souls that he has so grievously wounded.Every action that BS takes is someone else’s fault, hence:

    “I HOPE YOU PEOPLE REALIZE I’M ONLY DOING THIS BECAUSE YOU’RE MAKING ME!”

    BS: It didn’t work at the Nuremberg Trials, the Tojo Trial, the Ted Bundy trial, the Charles Manson trial, the John Wayne Gacy, Jr. trial, the Jeffrey Dahmer trial and countless other trials.

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  15. I don’t think that BK’s friend, the one BK drove to the court house, realizes that the preliminary injunction was not something that was necessarily expected to be a winner. I don’t think anyone will call it “no justice”.
    As for his comments on it? Saying that his points are non-frivilous doesn’t mean they’ll win, just that he may have a chance. And I wouldn’t call that brutal at all. Nice spin there to claim it as brutal when really, it was rather neutral

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    • I’d hardly call it neutral, and at times it was brutal. It questions some of the basic merits of Hoge’s case more than once, calling his proof of application for copyright inadequate.

      While I get that this wasn’t an expected “win,” I don’t believe it was such an expected loss.

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      • I guess neutral may not be correct. I read Bill’s representation of it. Representing the whole thing as BRUTAL and a 31 page smackdown made me expect a complete benchslap (see Prenda Law), not this where it isn’t always pretty, but it could be MUCH worse.
        And I may have misread, but I thought that she question WHETHER his proof of application for copyright was adequate, rather that stating outright that it is inadequate.

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      • The Judge said, “It is not a self-authenticating document, however.” To me that indicates that while she may be willing to entertain better proof, what she currently has isn’t it.

        But no, it isn’t brutal. Much of Bill’s ranting is the judge reciting the claims, and Bill is taking it to mean Case Decided. But why not let Bill enjoy today? It’s far from over, and he needed a win.

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  17. Onlooker wrote: “That’s actually a bell-weather of mental illness, (and of course its proof he’s not sorry for his bad acts.)”

    Sociopath. Thy name is Bill Schmalfeldt.

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  18. 1. Mr. H. has not commented at all, yet BS refers to speculation and commentary among the lickspittles as “the official line.” The only person in a position to give an official statement is Mr. H.

    2. I was unaware that the judge decided both the merits of the claims and counterclaims. I thought that this was a decision regarding a motion for a preliminary injunction.
    https://twitter.com/wmsbroadcasting/status/484379229032050688

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    • You have to understand that in the Mind of Bill (MoB), there is no difference between Hoge and Hogists. That’s why he is so adamant that Hoge must moderate his comments. Because there is no difference to MoB between the comments and Hoge. So if a Hogist posts on Hogewash, then that is the official word. To MoB.

      It’s all about perspective.

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      • Hoge is all and all is Hoge. When it rains, Hoge. When his computer freezes, Hoge. When the mayo runs out, Hoge. When his diddler friends don’t write, Hoge. When small children look at him and cry, Hoge. When the sun sets, Hoge. Also, HOOOOOOOOOOOOOOOGGGGE!!!!!!

        Now, back to the important business of Hoge.

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    • I believe courtesy of his behavior, his actions, his lack of empathy, his lack of remorse, his unrestrained ability to lie, and, his abuse and harassment of innocent persons — Bill Schmalfeldt displays the very essence of a sociopath.

      Opinion. Not libel. Try again, Blob, you ginormous sack-of-gack.

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      • Yep. Exactly. Opinion: Protected Speech. Blob really needs to study, and attempt to fully understand, the true definition of LIBEL. And, one doesn’t need a degree/license in psychiatry to look at sociopathic behavior, and refer to a creepy freak displaying such behavior as a SOCIOPATH.

        https://twitter.com/wmsbroadcasting/status/484394910791921664

        Um. Let me think… No.

        So, the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt wants my name in order to wage lawfare against me for referring to a sociopath as a sociopath. Well, Blob is simply going to have to dig, and dig deep, into his faild0x bag of tricks… the creepy, sociopathic sack-of-gack.

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      • Good grief he’s dense. Unless Grace is or claims to be a licensed psychologist, and declares that in her professional opinion Bill is a sociopath; AND does so without having had the opportunity to fully examine Bill (eww); THEN AND ONLY THEN might it be libel.

        Noting that Grace (to my recollection) has never claimed to be a shrink; then we can assume that she is simply a “reasonable person”. From there, it is realistic that such a “reasonable person”, being familiar with the definition of sociopathy, could observe Bill’s behavior on the interwebz over the past several months and form the reasonable opinion that Bill is a Sociopath.

        i.e. If it walks like a duck…

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  21. If John decides to drop his suit, how long will it take Bill to “write” his next “book”.

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  22. ===
    WMS Radio Network @wmsbroadcasting · 28m

    Stranahan is free to fade into the mists of obscurity, along with his credibility.

    ===

    Mists of obscurity. How’s that going with your 24 followers, B.S.?

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    • One should point out that Lee has over 31K following him. BS would have to increase his followers nearly 15-fold to have 1% of Lee’s.

      Somehow I don’t think Lee will be fading first of that pair.

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        • Some quick math and it would only take a 12-fold increase for Bill to get to 1% of the followers that Lee has. Right now he’s running around 0.08%.

          No matter whose math and numbers are right, Bill is still far more likely to fade into obscurity than Lee.

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  23. I take it that, in the federal copyright case, Hoge’s motions for a preliminary injunction and dismissal of the counter-claim were rejected. It’s kind of hard to follow this thread, which started off about the state case where the plaintiff was Kimberlin and seems to have morphed into the federal case where Hoge is the plaintiff and Schmalfeldt is the counter-plaintiff.

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    • The burden of proof for obtaining a preliminary injunction includes showing that one is likely to prevail on the underlying claims. John Hoge chose to hold his cards close to his vest. That’s a very good strategy for winning the war, but, not one for winning a preliminary injunction. John claimed that he had copyrighted the material in question, while Bill Schmalfeldt disputed that claim. It is not unreasonable for a judge to insist being shown tangible proof of copyright before acting to defend that copyright in a preliminary injunction. John Hoge was certainly aware of that possibility.

      John may have lost the on the motion, but, that is not say that he lost. Comparing where John is now to where he would have been had he not filed the motion, you have to say John won this round. Bill Schmalfeldt claims to have broken with Brett Kimberlin months ago. John now knows for certain Bill was lying. John now has a data point to analyze how well or how poorly he can expect Bill Schmalfeldt to argue his case in front of a judge pro se. More importantly, Bill Schmalfeldt has committed himself further to the defenses of lack of copyright, and “fair use.” That is to say, Bill Schmalfeldt has doubled down on stupid. On the other hand, Bill Schmalfeldt has gained nothing. Let Bill Schmalfeldt preen all he pleases.

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  25. It’s interesting how the advent of good news for Bill makes his shoulder boo-boo all better. Now he crapping out tweets like old times.

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  26. Two days ago at the Running Wolf blog Bill has nice words for the host:

    Bill Schmalfeldt
    June 30, 2014 at 6:08 pm

    Mike, it stops tonight. Or tomorrow I call your local law enforcement to find out what I have to do to take out harassment charges against you. I have all the info. I just need one more provocation. I would suggest you move on with your life and turn your attention to more profitable considerations. This is not a threat, Mike. This is a promise. Leave me alone, or face the legal consequences.

    Understood?

    Today, the other Bill is in charge in that little head of his:

    https://twitter.com/wmsbroadcasting/status/484399282087555073

    But remember, Bill is NOT A SOCIOPATH.

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    • I didn’t notice that on my own blog, but that quote is internally inconsistent. He’s going to call my local law enforcement to find out how to take out harassment charges against me, and he has all the info? Which is it?

      Anyway, in case you missed it on my Blog bill, just so you know, to file harassment charges against me all you need to do is travel to Alabama and talk to a judge. Under the Alabama Criminal Procedure, it must be done in person, and in the county the crime allegedly took place.

      Let me know if you come down here, I’m currently working on a documentary about secret places in Alabama that everyone should visit. I have a long list of cool places you could sightsee while you wait my arrest.

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      • Mike just threaten to take Bill to a “secret place” and kill him!!! Bill can read between the lines (it’s just the words ON the lines that give him trouble.

        Call HoCoPo (again)!

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      • I must admit that your comment made me laugh, Perry. But I was completely serious about the documentary. I’ve discovered some pretty amazing places no one knows about except locals, and it is a shame because they are really wonderful places. Most of them aren’t really wheelchair or walker friendly, so I’d have to be careful which ones to suggest. Considering how much trouble Bill had when he went to get the peace order against that IT fellow, I wouldn’t suggest my favorite secret place, High Falls Park. It’s a very steep walk.

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      • Oh, the peace order that BS claimed he never really needed because he had no real fear of the IT fellow? The PO that BS dropped? Wow, it sure seems like someone likes to use the courts and law enforcement to intimidate critics.

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    • Leave me alone! @mention@mention@mention. Leave me alone! @mention@mention@mention Leave me alone!

      “Leave him be” is a one-way street in the Land of the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt.

      The sociopathic Blob lets no one be. He hasn’t for years and years and years. He never will, unless forced to by law enforcement and/or courts of law. Furthermore, the Deranged Cyberstalker and Adjudicated Harraser Bill Schmalfeldt has no desire to be left alone. Tis why he continually jabs and pokes and threatens and stalks and harasses anyone and everyone who dares to cross his path. I’d wager once the Deranged Cyberstalker and Adjudicated Harraser Bill Schmalfeldt truly allows others to be free of his threats, stalking, harassment, copyright infringements, lawfare, etc. — he will find others more than willing to let him live out the rest of his miserable, lonely days… alone.

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      • At some point, WJJH may have to provide this type of context for the court. And since BS opened the door with his claims of alleged injury to his reputation ….

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      • Here’s a question to ponder. What is the proper solution to the “Schmalfeldt Problem”? If in the future he is, let’s say, found guilty of harassing a number of innocent people or some other of the many things he’s freely admitted to online, what could be done to stop him?

        I don’t think it would be legal, or even proper to take away his internet. For that matter, I don’t think he could be prohibited from posting to a blog or twitter. Given he’s shown to have absolutely zero self-control, and any court order would be ignored within a day, what could be done?

        (And I’d appreciate all the implied self-harm posts to skip this discussion)

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      • Perry – courts take away people’s access to the internet all the time. See, e.g., hackers.

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      • Deb Frisch lost her Internet access from October, 2010, through June, 2014, as a condition of her probation.

        Not only is it possible, the Internet has been a better place for it.

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      • In the alternative, the regular drubbings he recieves here, on the Twitterz, and especially at Paul Krendler’s place serve to provide more resources to anyone who may have followed Michael’s path from a one sided story to a fully formed one.

        That and the whole “…quote Bill Schmalfeldt…” thing.

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  27. Pingback: High Falls Park | Running Wolf


    • Oh, and I’ll remind everyone that in court, WJJH told the judge that he was open to court-supervised settlement/ADR talks, but BS said that he was not.

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    • I think if SchmalFAIL pays Hoge a cool million and promises never to use the Internet again, that would be a reasonable settlement offer.

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  29. No, the judge is not the ultimate trier of fact. In a case where parties have requested a jury trial, the jury is the trier of fact.
    https://twitter.com/wmsbroadcasting/status/484414729566179328

    So, what about summary judgment, you may ask? In that case, a judge will look at the facts presented by the plaintiff and determine, as a matter of law, that IF all the facts are true as alleged, then the plaintiff cannot win as a matter of law. There is no actual determination of fact that occurs. If, however, you ask for what’s called a “bench trial,” then the judge is the trier of fact because you have dispensed with a jury. Sometimes that is determined by statute, as in the case of traffic infractions.

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    • And correct me if I’m wrong, but CBBS is the one who actually requested (I believe the phrase was “demand”) a jury? Oh goodie; at least thirteen regular people will get a chance to see CBBS in action.
      I pity the court reporter.

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  30. Another mischaracterization of what I and others have said. No one has a crystal ball that will predict what will happen. What I can say is that if both the complaint and counterclaim are not dismissed, and the case actually makes it to trial, BS’s reputation is squarely at issue because of his own pleadings. See, e.g., Kimberlin vs. National Bloggers Club.
    https://twitter.com/wmsbroadcasting/status/484414566495842306

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    • Wait, Whaaaaaat????
      Perhaps Bill means that he’s looking forward to a jury? ‘Cause a jury doesn’t change the strength of arguments one way or another. They may be sympathetic at first; especially if he puts on his best Poor Little Parkinson’s sufferer; but I’m guessing Mr. Hoge’s contra evidence to the factuality any statements e.g. cyberstalker will leave the poor citizens (or does MD use drivers licensees?) as disgusted as we are by his actions.

      Oh some nasty things have been said ABOUT CBBS here, and that certainly doesn’t bolster his web cred; but they are relatively easily substantiated as fact or protected opinion. Oh well.

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  33. I see Wee Willy is pushing Bill to not accept a “Deal”. He keeps repeating “no deal” What are the odds that Bill will ever figure out who his “friends” are really working for and why he finds himself in so much trouble after taking their advice?

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  34. Well, at least the mediation meeting will be interesting. Bill, painted up like a professional wrestler, standing on the table shouting at John like Ric Flair: “WHOOOOOOOO! There ain’t gonna be an agreement, ’cause I’m INVINCIBLE!!! See you in court, sucker!”

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    • What’s fascinating is watching the speculation about million dollar settlements. For what, exactly?

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    • Heck, he can stay on the internetz; question is, why does he keep coming here to read the abuse.

      Funny thing is, no one really talks about him when he goes dark; and this blog either slows down to a leisurely pace or we talk about Kimby.

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  38. Anybody keeping track of the number of times Bill has accused John of perjury in the past month or so?

    You know, just for fun.

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  39. About that…

    https://twitter.com/wmsbroadcasting/status/484415418887458816

    When/where did I say Blob @mentioned our Gentle Host? Oh, yeah. I didn’t. Poor Cabin Boy. He even struggles following a simple comment thread. If BS insists on stalking this blog, the least he could do is try to keep up.

    I’ll help the pathetic creep out: I was referring to Blob contacting @RunWolf13 after Blob’s “IT STOPS TONIGHT” and LEAVE ME ALONE” demands followed by threats… per always. Good grief, boy. Your reading comprehension sucks as bad as your definition of libel, you sociopathic, sack-of-gack.

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