In Re ELH-14-CV-1683

As a result of the settlement conference with Magistrate Judge Sullivan, Bill Schmalfeldt and I have reached a settlement agreement on what I believe are favorable terms.

I will dismiss my lawsuit, and Schmalfeldt will dismiss his counterclaims against both “Paul Krendler” and me. All infringing material will be taken down.

The Gentle Reader should expect to see some changes in Bill Schmalfeldt’s activities on the Internet.

UPDATE—I recommend that Bill Schmalfeldt be given the opportunity to make the changes in his Internet presence that he described to me. He will probably be more successful in doing so if folks don’t joggle his elbow. Each person is free to speak, largely limited by their conscience and a few rules, but it may be best to give him some space for a few days to see how he does.

110 thoughts on “In Re ELH-14-CV-1683

  1. “All infringing material will be taken down.”

    I trust the “and stay down” is implied. (only partly sarcastic).

    • In the same vein, I’m guessing you got to keep your head since you typed this blog entry, and I hope you got to drink your own milkshake.

  2. Great news!

    A very productive and successful week for our Gentle Host!

    Congratulations! (And, congrats to Krendler, as well!)

    Life is good (for some)!

    • Well, it’s a good news/bad news result for me.

      While I’m glad I get to stay anonymous (good news), as long as Bill Scmalfeldt maintains a reasonable level of internet decorum, I’ll have no reason to write ruthless parodies (not so good news).

      I’ll have to find other things…

      On the other hand, I was looking forward to crab cakes.

      • Katie,

        That is a very very worthy cause. But it has also proved to be extremely tricky for all who tried it.

        While I consider many things people say about Neal Rauhauser to be greatly overhyped, he is much more clever and devious than either Kimberlin or Schmalfeldt.

        • I have to agree here. Of all the things I have read from Stacy McCain regarding this whole mess, it is that Neal is truly the brains of the outfit, gifted with a predator’s cleverness I and not to be trifled with but at great personal risk.

          Others, not so much.

      • I don’t say this lightly: Neal Rauhauser is one of the very few people who may be able to out-crazy Stacy McCain.

      • Neals nothing, he is on the run from law enforcement in several state, if he starts in on others finally the FBI will start to look for him, Bullyville has neal under control so far –

        how about we start in on the Senate races and the oil tax in Alaska = why is the oil tax in Alaska important – its a primary reason why the price of gasoline is about 75 cents higher nationwide than it could be.

        Or strangely we can let John use his blog for what interests him – because – he owns it….

        But that’s a crazy thought too…

      • I heard John filed the wrong copyright papers and now The Crown Prince of Prussia owns the blog. Not true??

  3. I’m glad that Bill changed his mind, given that he spent the last few days talking about how he wouldn’t mediate anything, and it was a pointless meeting.

  4. ” All infringing material will be taken down.”

    John, are you able (or willing) to elaborate more on this? (essentially the specifics of ‘infringing material'” Or has the court asked the participants to keep quiet?

    • I hope there was a list of specific items, ( think there likely was.) Good for all if he does it, and hope the settlement gives him some relief, too. Sincerely.

  5. “The Gentle Reader should expect to see some changes in Bill Schmalfeldt’s activities on the Internet.”

    It’s your unflappable faith in the inherent goodness of “Man” that I find so endearing about you.

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  7. Good news if it holds (I will assume Schmalfeldt is slightly better than Hamas when it comes to a ceasefire).

    Still, trust but verify.

      • Neither will I.

        We shall see how long the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt can manage to exhibit even an ounce of self-control.

        May prove to not be long at all considering his “friend” — Pet Willy (Team Kimberlin’s Anklebiter and all-around, bone-headed assclown) — constantly deems it necessary to egg the weak-minded Blob on.

        Time will tell. I simply won’t hold my breath that Bwilly can manage to pull off behaving like a responsible adult. Haven’t seen him do it yet.

  8. As much as we like to give Bill Schmalfeldt guff, rightfully deserved, this agreement shows that Bill Schmalfeldt has a much more realistic understanding of the world than does Brett Kimberlin.

    • That is a very low bar indeed. But BS may have been shocked at how unbelievably disastrous was the advice provided by Acme Law. Remember, Acme Law had told BS that Kimberlin was going to own the defendants’ houses, even their wives (Acme Law has not yet been apprised of the 13th Amendment. Surprise!

  9. I must admit, as a near party to this action, that I am curious about the initial settlement positions were, both of the guy with all the poker chips on the Fizzbin table, as well as the one playing three-dimensional chess.

  10. If Bill schmalfeldt is true to form, he will stalk this blog looking for comments he can use to continue his harassment of Mr Hoge. As the RICO trial looms nearer, it’s a reasonable assumption Schamfeldt will start back up his harassing behavior. So will the adjudicated pedophile Brett KImberlin. The recent attacks to Ken White are good examples, which I’m betting Bill Schmalfeldt may now know someting about. Brett Kimberlin’s stupidity is
    proportional to the degree of stupidity shown by his PR man Bill Schamlfeldt. Both need to be locked up.

    • I don’t think he technically is an adjudicated pedophile. He just didn’t successfully convince the court that it was defamation/false light/whatever to publicly state the opinion that serial bomber Brett Kimberlin is a pedophile.

  11. For all Schmalfeldt’s bluster I guess even he didn’t believe all the crap he’s be touting about his crushing victory . All John ever wanted was his material not to be stolen. Bill basically said, “F you. Make me”. When John did Schmalfeldt doubled down and caused a lot of crap that did not need to happen. When push came to shove old Bill folded like a house of cards. Predictable I guess. Maybe Bill’s eyes were finally opened when he saw his Master and Legal Adviser absolutely humiliated in court. Or it could be the age old truism that bullies usually are the first to cry when someone finally hits them back. Now he is free to pursue his “new aggregation” and wait out the end of his other restringing orders.

    Congratulations John. I do hope there are some teeth behind this agreement? Not like the mediation in the PO that Bill proceeded to violate on the very day it was ordered?

  12. Paul,

    John is a man of great faith, mercy and compassion. Bill has been touched now twice and I hope he, washes in it and shows the strength of will and character to start a path of redemption. Bill can redefine his life going forward and I hope earnestly he does.

    • So you think he will start apologizing…really apologizing, not the fake crap he likes to pull, “So sorry I made you life a living hell there complete stranger but you kind of had it coming since you wouldn’t answer my totally personal and none of my business questions” to all the people he’s harmed?

      • Someone just told me this stupid rumor about there not being a Santa – but there are trouble makers everywhere

    • O, my black soul, now thou art summoned
      By sickness, Death’s herald and champion;
      Thou’rt like a pilgrim, which abroad hath done
      Treason, and durst not turn to whence he’s fled;
      Or like a thief, which till death’s doom be read,
      Wisheth himself deliver’d from prison,
      But damn’d and haled to execution,
      Wisheth that still he might be imprisoned.
      Yet grace, if thou repent, thou canst not lack;
      But who shall give thee that grace to begin?
      O, make thyself with holy mourning black,
      And red with blushing, as thou art with sin;
      Or wash thee in Christ’s blood, which hath this might,
      That being red, it dyes red souls to white.
      ———- John Donne

  13. “The Gentle Reader should expect to see some changes in Bill Schmalfeldt’s activities on the Internet.”

    So… we’re doing the same thing as the last mediation and expecting a different result? Of what is that the definition, again?

  14. Willy’s claiming a limited victory without mentioning the operative part of the settlement: ” All infringing material will be taken down.”

    If he has to delete all the material he copied from John, including any remaining “books”, it looks bad for him.

    • Blob also avoided mentioning… All infringing material will be taken down by the Deranged Cyberstalker and Adjudicated Harasser Bill Schmalfeldt. NOT WJJH — although Blob has been screeching for weeks our Gentle Host was responsible for copyright infringement, as well. Guess not, huh?

      Oh. And, 30 days. Bwilly has to control himself for 30. Whole. Days.


  15. RADIO NIXON @RadioNixonUSA · 5s
    Mr. Hoge mentions “favorable terms.” He doesn’t say favorable to whom.” If he wishes to turn his settling on the original terms I offered…

    RADIO NIXON @RadioNixonUSA · 8s
    …”favorable,” then who am I to argue?

    LOL. He’s such a schmuck.

    • See my comment above. Unfortunately, having experienced mercy twice, I do not have much hope that he has learned.

  16. UPDATE—I recommend that Bill Schmalfeldt be given the opportunity to make the changes in his Internet presence that he described to me. He will probably be more successful in doing so if folks don’t joggle his elbow. Each person is free to speak, largely limited by their conscience and a few rules, but it may be best to give him some space for a few days to see how he does.

    I heartily endorse this recommendation.

  17. What a great week for John and Hogewash! Hopefully after a few days we hear lots of complaints about how boring things are around here. Me, I’ll be happy with the “pictures of galaxies”.

    And good luck with Rico Madness.


    I don’t see anyone hear looking for blood. We’re all hoping that Bill will abide by the agreement, and based on past experience, a little sceptical, of Bill’s willingness to abide by the agreement. But I think we’ll all be very happy if Bill proves our concerns to be groundless.

    And this tweet of fergie’s is hysterical:

  19. Mr. Hoge, you’re a greater man than most. You could have really nailed Bill, and yet you showed tremendous restraint. My hat’s off to you for showing mercy to someone that, in my opinion, didn’t deserve it.

  20. Great advice given in the update. No need to continue to jerk the guy’s chain… here, at least. If chain-jerking is what folks want to do, they should probably go somewhere else to do it. I’m sure Mr. Hoge would like to end this saga once and for all. I can’t blame him.

  21. I think that it would be a good thing to let Bill Schmalfeldt return to the dimly-lit obscurity from whence he came. He may or may not honor the settlement agreement in good faith, but I think we owe it to our host, who has significant fish to fry in the federal lawsuit, to let him go in peace to do what he will.

    • I *love* that death scene.

      Saw that movie back in college, and it helped the humor a great deal that the campus had a system administrator who looked like, and shared initials with, Pee Wee Herman.

  22. By my judgement, our gracious host got what he really wanted out of all of this – Schmalfeldt pulls the material down, and leaves him alone.

    Everything else was just leverage.

  23. I echo the hopes that BS abides by the agreement and changes ways. The less harassment and suffering he dishes out, the better the universe is. The better he will be too.

  24. In case anybody is looking for something to do, there is still the project proposed by Popehat to crowdsource a project to get Brett Kimberlin declared a vexatious litigant. It seems there is much non-legal people can do as far as collating information and visiting courthouses for information on Kimberlin’s older legal issues.

  25. Schmalfeldt can be treated like an adult if he begins actling like one. I’m skeptical but we’ll see.

    Meanwhile, we’ve some Kimberlin researching to get done …

  26. My first post here but I have been following the Kimberlin/Schmalfeldt case and developments for the past year. It’s time to pipe down and quit commenting about Bill for awhile. If you really care about Hoge and respect him you’ll want one less stressful person in his life.

    If you continue commenting about Bill, he will want to get the last word in and it’ll start up again on twitter and elsewhere. Wanting to get the last word is a character flaw in many people not just Mr. Schmalfeldt. I don’t normally comment on the internet because I too am one of those people who like to get the last word in arguments.

    Some of you have already tempted him on twitter. His friend, Willie, above in comments on twitter tempts him to comment from the other side.

    Respect Mr. Hoge and don’t joggle Bill’s elbow.

    While it’s not my place to speak for Mr. Hoge, why don’t people just not comment about Bill anymore unless our host posts about him in the future. If everyone did that then perhaps issues won’t escalate again into future legal issues and headaches for all parties.

    Best wishes to all the parties involved in this “hopefully settled once and for all” settlement agreement.

  27. Pray for Bill. Really. He needs it. As entertaining as the last few months have been, I’ve also been a little bit sad- lashing out in anger several times a day and scanning people’s Twitter and blog pages for something to get worked up about is simply no way to go through life. Imagine if he truly gives this war up and just focuses on building better relationships with his wife and neighbors? Every little corner of true, holy joy is a triumph, especially when its somebody that has suffered so much. I have my doubts that this is truly the end, but I sincerely hope it is. Bill deserves better from himself and his life.

    • I agree with you. I’m hoping he can lead a more meaningful and purposeful life for now on. But it’s hard for a leopard to change it’s spots.

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