While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexatious federal lawsuit by reposting some of the highlights of the past year’s coverage. During one rather unhinged filing, TDPK brought up the legal unpleasantness between Bill Schmalfeldt and me. It has no bearing on the RICO Madness, so I pointed that out in my reply to his rant. The Cabin Boy™ got all pissy about being mentioned in my filing.
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Team Kimberlin Post of the Day
Originally Posted on 11 February, 2014
If Bill Schmalfeldt does not wish to be a part of the legal proceedings pending between Brett Kimberlin and the defendants in the Kimberlin v. National Bloggers Club, et al. lawsuit, he should consider asking Kimberlin to refrain from bringing him into any further filings with the court, either directly or indirectly.
For now, I have no particular reason to involve Schmalfeldt in that lawsuit—I only mentioned him in a reply to allegations relating to him raised by Kimberlin in an opposition to two of my motions—but not all the other defendants necessarily agree with me.
There are times when it’s smart to keep one’s head down.
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Of course, Bill Schmalfeldt couldn’t keep his nose out of other peoples’ business. He wrote a letter to Judge Grimm bad mouthing me. The judge ordered his letter returned by the Clerk.
This letter does not appear to be a valid filing—Schmalfeldt has not sought to intervene under Fed. R. Civ. P. 24, nor has he received permission to file as an amicus curiae. Further, it does not appear that he could file a memorandum amicus curiae as “an impartial individual who suggests the interpretation and status of the law, gives information concerning it, and whose function is to advise in order that justice may be done.” Leigh v. Engle, 535 F. Supp. 418, 420 (N.D. Ill. 1982). The Schmalfeldt Letter appears more akin to “a memorandum amicus petitor, one proffered as a friend of the plaintiff(s).” Id. at 422. As such, it is not an appropriate filing in this case. Accordingly, the Schmalfeldt Letter will be STRICKEN from the record, and future filings from non-parties will not be accepted.