Last week, The Dreadful Pro-Se Schmalfeldt™ filed a motion for leave to file a second amended counterclaim in the Hoge v. Schmalfeldt copyright infringement lawsuit. Yesteday, I filed an opposition to his motion.
My opposition speaks for itself, so I do not plan to make any substantive comments about it until the court rules on TDPS’s™ motion.
I, William John Joseph Hoge, declare under penalty of perjury that I am the author of COUNTERCLAIM DEFENDANT HOGE’S OPPOSITION TO COUNTERCLAIM PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIM (ECF NO. 38).
/s/ William John Joseph Hoge.
25 July, 2014
Under oath? At the settlement conference where no one is placed under oath? Alrighty.
Bill’sdelusion #547 – he has plenary powers in court
It strikes me that these false and defamatory tweets may be actionable. You should hold them for safekeeping, like I have.
Very well done, Mr. Hoge. Your writing (incredibly) keeps getting better! 🙂
It’s no surprise, of course, given your intellect and writing experience – very clear points, well made, properly documented/referenced. Probably better than some lawyers file.
Fingers crossed it’s successful and praying for the safety of y’all and your families. 🙂
What’s weird is that BS takes a very straightforward pleading so personally. Unlike BS, Hoge does not call him names or go on about what a terrible person he is. Pleadings like this are the whole point: BS argues his side, Hoge argues the other side, and the court is supposed to look for the truth. Sometimes, BOTH sides are wrong and the court finds another way. That is litigation.
Yes, exactly! The pleading came off as dispassionate, reasonable; nothing personal, all business/fact.
What’s “weird” is Bill Schmalfeldt. Anyone with more than a passing familiarity with Bill Schmalfeldt knows that he takes everything personally. That isn’t quite correct either. Anyone with more than a passing familiarity with Bill Schmalfeldt knows that he takes a self-serving bad-faith interpretation that tortures fact, reason and logic personally. For instance, previously when I used “torture” in the same sense I just did he declared it a “threat.” [I only know that fact because some poster here embedded his tweet. If the demon tweets about this comment please everyone spare me the rantings of the demon.]
And, of course, Cabin Infant is having a major meltdown combo hissy-fit. Jane offers luck and safety to our host, CI says he can “hear the sucking sounds”. Me thinks Cabin Infant has zero experience with real friendships, only the perceived one with the Bombardier.
Speaking of sucking sounds.
Pass the Mayo!
Thanks, Eric. I think it’s great that John has so many people who genuinely care about him and the issues he represents. It must be great to be him. 😀
IANAL, but I have found when it comes to legal issues, my programming experience helps much more than my physics training.
I suspect Hoge has had quite a self education, and the attention to detail that allowed the addendums he has posted on a few recent NASA posts seems to have stood him well. Gee, a quantum mechanic, who rightfully scorns rocket scientists, may have spent evenings over the last 2-3 years studying the law? What’s that phrase, “10,000 hours makes you an expert.”
It’s all about the right widget in the right place; I don’t see that it matters much if the widget is a court citation or an op-amp.
Writing the blog itself has been excellent preparation for our esteemed host. One of the more notable impressions I have of Hogewash is how brief John’s posts are. I find myself writing comments that are often longer than the original article. In contrast, someone like Stacy McCain often writes blog articles multiple times the length of my wordiest comments. The terse, dense style of John’s writing serves him incredibly well in court pleadings.
well so much for the threats to add more people to the countersuit..
guess if Bwilly really wants to sue others for the crime of making fun of him, he’ll have to shell out the cash himself…
You see, Cousin Bwilly, honest men, like Professor Hoge, have no need to hide, lie, or prevaricate.
You should try it, sometime.
The series of tweets suggested as much. Again, please note, for “exhibits,” that I did not call BS a name, but par for the course, he has to call someone with whom he disagrees, “stupid.”
so what other case is Bwilly having a settlement conference on? cause Hoge’s is Nov 6th….
Phasers set on KILL! Destroy Army Vet!
The Magistrate Judge had a opening appear in his schedule. The settlement conference is now on 14 August.
Beware the Ides of August, Hoge, and your little dog, too! SQUAWK!
Ah, well that explains it then.
What did I miss? Why is Kimby’s PR flack upset with me this time?
I think A Reader #1 thought I was you because we use the same avatar
Yes, Rain, that was it! LOL!
hahahaha that is just too funny, A Reader #1!
Oh, dear. Within half an hour? Ouch.
What are your plans with the Tremulous Turd-Burglars single wide?
I would just scrap it and put a nice one on the lot and rent it to a good citizen.
I’m sure the neighbors would appreciate it.
It would be a fantastic little place to put 500-1000 illegals. Cabin Infant could be their host.
HUBRIS! SQUAWK! Under oath, under oath, Walker, DESTROY! SQUAWK! POLLY WANT A CRACKER! MOMMY! SQUAWK!
BS, no need to follow explicit orders from Judge Stansfield. BS violate Peace Order. BS IS LAW. BS writes like bigoted stereotype of cigar store Indian.
I find it amusing the way Biwwy thinks if he writes like the “cigar store indian” everyone will believe that the person he is pretending to be is stupid, when all it does is show everyone how dense and/or desperate he is.
He does the same thing with fake southern style accents. For someone living that near the Mason Dixon line to think that having a southern accent makes someone stupid, is just, well, stupid.
He’s now saying he’s think the Incredible Hulk. Which is interesting, because the Hulk isn’t stupid, just angy.
funny he likens our esteemed host to the Hulk..a character who’s alter ego Bruce Banner, never attacks first and goes out of his way to avoid confrontations and only “hulks” out usually after being attacked/harmed by someone else first….
What a joke. The Hulk is cool (even with a douchy lefty lib like Mark Ruffalo playing him). A certain double wide dwelling entity is a @#$! loser to the enth degree.
I, for one, want to say that how DARE Hoge defend himself in a pleading! How DARE Hoge disagree with BS and offer cases in opposition! Where does he think he is, in federal court?
That’s a lovely smacking around. I never anticipated those arguments. And they sure look to me like the legal equivalent of “And you’re still a dumbass!”
Yesterday, Bill wrote this about Aaron: “I see Walker as the font from which all this madness flows” which is strange since the last weeks tweets has been hoge explaining this and hoge telling the judge and now with the BRUTALLY DEVASTATING SMACK IN THE THIRD AND FOURTH CHINS, now its an illegal ghost written motion that MUST BE THROWN OUT OR I’M IM SOOOO DEEP THAT – I am going to lose everything pitched whine from the breath-wheeled-one – We are going to have to rename that park as the new Home of the Elkridge Perennial Whine Festival.
Bill, The only thing that will save you is that Hoge cares more about you and your wife than you do. Think about that – its over – or this is a long road you don’t want to travel
You always said Aaron Walker is a disgraced fired lawyer – and now he is a genius, ghost writing this Louisville Slugger 54 ounce special to the face motion?
Time to come home Bill, time to regain your honor, time to walk away from those terrible people and make peace and live out your days happier than you are now
Last year, Ali was the Great and Powerful Oz.
Hoge Is Law!!!
Feeding time at the hovel.
Feeding time is over.
Diaper change. Nite, nite. Street time.
Very well done opposition. A few small errors (missing words in a few sentences) but the substance seems very, very good. I can see why he would think you had help, it looks like something a lawyer would write. Well done.
Reblogged this on Dead Citizen's Rights Society.
Has anyone heard from Michael Malone lately?
Come to think of it, Neal N. Bob hasn’t been around in a few days, either. Remember when he posted this? hahahaha
It was nothing less than sensational, wasn’t it?
“Sensational” is kind of baseline for you and Krendler, so I suppose it’s not too surprising some idiots mix you two up. 😉
I’m a faithful lurker, here and at all the associated blogs. I was just at Michael’s blog and was stunned to discover that he passed away suddenly on July 18. There’s a brief response to a comment by Tao under the “What’s With Wolves” post stating as much. I found an obituary for Michael Wayne Malone
(June 23, 1970 – July 18, 2014) in Huntsville, Alabama. I haven’t seen mention that any here are yet aware of this, so I felt compelled to post. Terribly sorry.
Tulip – the news was so shocking, I forgot to thank you for bringing it. Your efforts are very much appreciated, thank you. I hope you’ll post more, on easier topics.
What’s the matter, Elkridge Horror? The littlest Bomber isn’t providing you with any more hints? Get hit right in the kisser with that Louisville Slugger and lose a few teeth? Perhaps if you check out the littlest bomber’s [redacted]—some images are simply too ugly—wjjhoge, maybe, just maybe, he’ll help you with your opening statement. You do know that you are in dire straits now, don’t you? The 14th of August is almost upon you and your eensy, weensy little tiny family jewels are still hanging from your ear lobes. You have no case, Schmalfeldt, no case at all. Where on earth did you go to law school? ACME, you say?
What a total maroon!
Judge Learned Schmalfeldt, distinkiest jurist evah!!!!!!
Read Bwilly’s crap from the past 48 hours. Shakey’s lips are moving but the diddler’s voice often emerges. I wonder how much mayo was required to get the ventriloquist’s fist that far up the dummy’s backside.
What? No white whale, no starship captain references? Mr. Jones I’m disappointed.
Here ya go…..
Just recently picked up the book The Gift of Fear by Gavin De Becker, it is on sale on Kindle for a pretty reasonable price. Has many examples of cases very similar to the Hoge-Kimberland-Walker-et al battles. Very insightful into the behavior of people in this type of situation. I would certainly read it if you have not yet done so. Covers lots of other stuff as well like domestic violence, stranger attacks, disruptive employees and the like.
Excellent book. I have two friends who credit it with saving their lives.
Cabin Boy has delusions of sanity.
He has no business thinking its any of his business, but its really incompetent of him to think that its difficult to outthink him.
Indeed. Chess versus …… tic-tac-toe/paper-rock-scissor/etc.
Aw, Schamlfeldt’s just reading between the lines the way only a Real (TM) Journalist can.
“Defendant William John Joseph Hoge … is inconsistent…and…futile. …[P]laintiff … also … state[s] a claim … which …he said … was defamatory. …It does not … offer a conclusory allegation. It does…properly plead damages. They were noted in Hoge’s previous filings. Under Maryland law…he [can] recover for intentional inflection of emotional distress. Mr. Hoge recognizes … Plaintiff … should. Wherefore, Counterclaim Defandant Hoge asks this Honorable Court…to order that.” (From Hoge’s Motion, pages 1, 4, 5, 6, 7, 8).
I learned this technique in ABC’s School for Quoting People To Show How Racist They Are When Defending Themselves Instead of Dying. The class actually generalizes quite nicely, for such a specific theme.
Good job, John.
I couldn’t have written it better myself.
You sir just won the internet for today!
I won it twice, apparently. http://twitchy.com/2014/07/25/comedian-dean-obeidallah-conservatives-love-seeing-arabs-get-killed/
I admit. I chuckled.
I did, too.
You do realize that you don’t plead for a prosecution in a civil action. No wonder you’ve been laughed at your entire life. You’re a laughable little man, who seems to strive to be remembered as such for eternity.It;s better than not being remembered at all, innit?
Poor, poor Gail.
Perhaps you’ll get it right on your 56th or 57th Amended Complaint, young William,, the one where you have the entire universe as respondents. But don’t worry, it’s not like your precious judge will find all of your ex parte communications tiresome, intolerable, and frankly, illegal by then.
The casual observer can’t help but notice that the you have been either humiliated or roundly dismissed by every court of competent jurisdiction that you’ve even considered arguing before. But things have just got to change, don’t they, William? If you keep smashing your face into the wall long enough, the bricks will have no choice but to break! I admire your spirit and envy your stupidity, my boy!
If you get lucky, you’ll either be dead or too brain damaged to appreciate what happens when this unfortunate set of circumstances reaches its natural conclusion, won’t you, William?
But poor Gail, that dear woman, won’t be. For all legal purposes, she’ll be you. And I’m afraid that you’ll be leaving her in a sad state off affairs.
Aren’t you, William?
Poor, poor Gail.
Incoherent and incompetent are his only constants.
repeatedly trying the same thing that failed in all previous attempts is one definition of a fool.
I’ve read more of Aaron’s writing than most folks out there, and his writing is very distinctive. I can tell a comment is his in the first sentence, and never need to check the byline.
There is no way Aaron wrote this brief.
I will add that I’m surprised Hoge wrote it, as I thought he was some kind of engineer, and it’s actually tight legal writing. But when I went to law school, the best students were the engineers because of how they applied a lot of rules and kept it all coherent.
As I have said, Hoge ain’t a lawyer, but he is a gifted amatuer.
WMS Radio Network ·
Does anyone else hear that wet, slurping, sucking sound?
Only when you are in that dark, sweaty-palmed place with your Hellman’s, hotdogs and your fishing bobber.
Are you just permanently stupid or what?