In Re RICO Madness

The Dread Pro-Se Kimberlin filed an opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness. I will not be posting it for two reasons.

First, the version on PACER appears to be missing one or more pages, perhaps because of a scanning error.

Second, a substantial portion of the document is simply an insanely scurrilous ad hominem attack on Stacy—just the sort of attack forbidden by the Case Management Order. It also includes attacks on non-parties Kimberlin Unmasked and Hogewash! commenter Roy Schmalfeldt.

145 thoughts on “In Re RICO Madness


  1. It also includes attacks on non-parties Kimberlin Unmasked and Hogewash! commenter Roy Schmalfeldt.

    It’s actually worse than that. It attributes Roy’s comments to Mr. Hoge under the theory that Mr. Hoge moderates comments here (provable falsehood), therefore Mr. Hoge endorses/adopts anything and everything posted in comments here (laughably false conclusion from provably false premises).

    Kimberlin is, in my opinion and based on these facts, blatantly lying to the court and flouting its Case Management Order. Just how much of a mockery does Kimberlin have to make of this court before Judge Hazel stirs from his apparent languor to put a stop to it?


      • Flapping arms wildly – they are after me SPLC, BREITBART!, BUNNIES!!!!! Sniff, mean things were sayz about me,……

        MAKE EM STOP!!!!!!!!!!!!!!!!!!!!!!!!!!

        Eh that’s about the tone I got

        Oh Brett – What Stacey said


      • Exactly. None of this is within the four corners of the complaint, and he’s addressed none of the arguments in McCain’s MTD. He’s just tossing scurrilous and ad hominem attacks like a crap-flinging monkey. I sincerely hope this is brought to the court’s attention.


    • Is Kimberlin arguing section 240 grants absolute immunity, unless, one comment is edited in any way for any reason, and, then it is waived?


    • Kimberlin’s abuse of the legal process has been endlessly documented.

      He’s not going to stop until it actually costs him something.

      For some reason, probably to do with his leftist politics, he’s been allowed to continue on with his transparently vexatious tactics.

      As long as you remember that our justice system doesn’t actually have anything to do with, you know, JUSTICE, it shouldn’t drive you completely insane.


      • The fact that he refused to pay the woman whose husband he was responsible for killing shows that he feels no moral obligation to pay debts.

        He also refused to pay knowing that he would go to jail for refusing to pay. This shows that he is not afraid to lose his freedom in order to avoid paying lawful debts.

        If neither a moral or legal obligation will compel him to act, what else is there?


      • The cost-benefit between standing for some of his JTMP donations being diverted into compensation and attached, or the time, trouble and difficulty of finding an alternate source of income?


      • egd, I would like to point everyone to an interesting turn of phrase in the 13th amendment to the Constitution of the United States; you know, the one that ended slavery:

        Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

        (emphasis mine)
        That’s where “hard labor” comes from. Sherriff Joe Arpaio knows how to use this clause to good effect. Perhaps Maryland could farm his detention to Maricopa county once he’s been convicted of perjury and forgery and his parole violated.


  2. Also, that SPLC canard is losing any power it may have had. They were just forced to apologize publicly to Dr. Ben Carson for putting him on their “Extremist Watch List.” Of course, in typical leftist fashion, it was a total non-apology apology.


    • And who could blame Mr. Hoge? BS doesn’t exactly have the track record of hits, links, and comments to his “websites.” BS can run his sites his way, and he does, and they stink on ice. Oh no, is that LIBEL and SLANDER to say that BS has crummy, irrelevant blogs that he runs? Oh well.


      • Let us not forget Bill Schmalfeldt’s penchant for calling people out on Twitter, and then blocking them when he gets his ass handed to him… Usually when his own words are quoted back at him.


  3. Not sure if this will work, but hopefully so.

    https://twitter.com/weltschmerz2015/status/566007058227822593

    Well, I can’t speak for all the lickspittles, but THIS lickspittle has the following comment.

    BWHAHAHAHAHAHAHAHA!

    Congratulations, you obnoxious, pathetic, impotent (figurately and literally) twit.

    Poor widdle Bill, how betrayed you must feel that your ENEMIES don’t spoon-feed you their real names and personal information. Gee, it’s almost as if folks are free to lie to you and LAUGH.

    HA. HA. And, yes: M0t#3rf*ck!ng HA!


      • Not only is he documenting it, he seems indignant that someone would be so rude as to lead him astray.

        He does’t seem to grasp that he is a repulsive liar who has made enemies of everyone who isn’t transparently exploiting him for their own purposes.

        He deserves all the insults and ridicule he’s received, just for his incomprehensible advocacy for the Speedway Bomber, convicted maimer of innocents, purjurer, and drug dealer Brett Kimberlin.


    • This is just awesome in so many ways. I hope I don’t run out of popcorn watching BS just continue to go down the maze of utter faildom.


    • Middle Tennessee State University just gives out student information to anyone who asks for it? Anyone familiar with school privacy laws?


      • Schools can confirm attendance? Pretty creepy considering the deranged and demented stalkers that are running around.

        Do they, too, confirm attendance of students currently enrolled?


      • When Bill contacted my seminary, they contacted me and asked me what I preferred to do, how much information (if any) to release to him. As I have nothing to hide and the information I authorized them to release actually hurts Bill’s claims about me, I told them to release anything to him. That time only.
        Each request for information has to go through my approval.


  4. https://twitter.com/weltschmerz2015/status/565996732446941184

    I don’t know, Bill. How does one sue someone you can’t identify?

    I don’t know, Bill. How does one subpoena someone when you can’t even scrape together a filing fee?

    I don’t know Bill. How does one track a TOR user, when the FBI can’t?

    I don’t know, Bill. How does one track down an IP address obscured by a VPN with no US presence to serve a subpoena upon?

    I don’t know Bill. How does one dox a anonymous blog commenter when one is too stupid to recognize he’s being spoon-fed a bogus lead?

    I don’t know Bill. How does one succeed in doxing when one’s technical expertise is limited to reading a list of names on LinkedIn?

    I don’t know Bill. How does one play Russian Roulette with a semi-auto?


    • I find laughable that any institution in this day of identity protection would even venture to provide someone’s information to an anonymous email contact.
      When you sense a jarring conflict with reality its a good idea to suspect falsehood.


      • It’s possible that they’d be willing to simply confirm if someone completed a degree there. But, yeah, it’s entirely possible this is another SchmalForgery like that Amazon customer service “transcript.”


      • This!

        I’m appalled that in this day-and-age a university would feel so free as to pass on information to just anyone who asks.

        I’m curious… How did the Deranged Cyberstalker Bill Schmalfeldt present himself to this Cindy? Did he have to give an explanation as to his reasons for inquiring about a student? *hmmm*

        I also noticed that the demented freak opted to use an email address with his OWN name for this communication, and not that of his “beloved.” Wonder how he decides whether to be email Bill or email Gail. *hmmm again*


  5. Since Mr. Scruggs has not yet appeared to say it, it is dubious based on judge Hazel’s record to date that he will do anything to enforce the case management order. Indeed McCain’s mtd was just as much a bitch slap to the judge as it was to BK: it would not surprise me if the dishonorable Hazel is silently applauding BK’s response.


    • Thanks JeffM for covering for me while I was busy.

      No, I don’t think Hazel will enforce the case management order. Why start now?

      But, BK is now showing the court what they have wrought by relying on the precedents set in this case. There is no longer any technical requirement for service. If it can be shown that you know about a case, then FRCP be damned, you got served.

      Twitchy complained about service – by forgery no less! – and Judge Grimm said, no problem with forgery, you just go ahead and participate in our little case now.

      Okay 4th District, enjoy sleeping in that bed you’ve made. Think BK is the only felon who has figured out how to game the system? It may be too late to stop what is coming.

      Oh, and I do want to stress that I take no joy at all in saying I told you so.


      • While I wish no ill to Hoge, or the others, in this, can McCain appeal “effective service” prior to trial? I expect Ace would have a shot, as having the potential to suffer real harm, by having the serial bomber Brett Kimberlin aka the Speedway Bomber learn her real identity, I have no idea if McCain can as well.

        I do not recommend it unless it has a tangible benefit, I am certain all his co defendants want this Sword/I mean Butterknife of Damoclese to stop dangling over their heads.

        It seems that win lose or draw, the process is the punishment, and everyone understands that except the judge.


      • Earl, you curmudgeon, we believe your disclaimer. You have always shown the pain you feel in wielding the broken shard of glass that is the jaded truth.


      • Totally agree, Dianna.

        Yes, Rob, it is Dianna’s free speech right to suggest it may not be helpful to the defendants for their supporters to provide ammo to the tiny terrorist. Thanks for pointing it out. 😉

        Our principled host allowed Dianna’s comment suggesting it’s not necessarily in the best interest of the defendants to make such remarks (especially when we know every word here is monitored), and he likewise made no redaction from the comments that prompted her remark. To my mind, allowing such contrary assertions is another illustration of his commitment to free speech.

        I don’t see how our esteemed host could agree with both ideas – that it’s probably not the best possible strategy, or the opposite, that there is little or no possible downside.

        I think it’s important to note that I’ve never read our wise host nor any of the other defendants discuss any personal opinions similar to those Dianna questioned. But I could have missed those comments. 🙂


      • Presuming the judge cares one whit about what we write here, he could show his critics up by, you know, following the rules.

        Boy, if Judge Hazel enforces the case management order and makes the plaintiff abide by FRCP, well, wouldn’t I just look stupid?


      • If a judge cannot take criticism of his performance, he shouldn’t be a judge. If a judge holds third-party statements against someone appearing before him, he shouldn’t be a judge.

        And if a judge reads reasoned criticism of his behavior — such as pointing out that he’s abandoned the rules his court is supposed to operate under, and has ignored his own directions regarding management of the case — and gets upset, he shouldn’t be employed anywhere.


      • For just a moment, let’s assume all of those criticism over the last year or so are valid. (I disagree. See the Silk Road order posted downthread.)

        Keep in mind allegations regarding ethics, fellow-travelers, and all sorts of things. If all of those things are true, then doesn’t it follow that a person like that would also be the kind of person who’d not consider those criticisms, they would also be offended, and hold it against whomever they felt responsible?

        What Dianna suggested is that it may not be the most helpful strategy. Do people have the right? Of course. Is it allowed here? Yes. But is it possibly harmful?

        We’ll never know for sure, will we? I doubt any order will read: “….based on threats of future actions toward the bench, and based on harsh criticisms questioning my abilities and other offensive remarks….” OTOH, judges are people too.

        I’ve got other things I should be doing today, so won’t be able to keep up a debate on this topic, nor am I really interested in doing so. So, I’ll just repeat that I follow the lead of the defendants, the ones who have something on the line, and the ones who’ve not said anything like the comments Dianna questioned, to my knowledge.

        Tort Reform Now!


      • IANAL, but I think if the Judge is reading this blog, he needs to recuse himself for becoming involved in exparte discussions.


      • Good point, Loren. However, if he’s the sort who would seek out such comments, he’d probably be the sort to not admit it, and also the sort to let what he found to wrongly influence him.

        Something you may not have read yet is that a comment from here was copied into a recent pleading filed by the tiny terrorist. It’s mentioned without detail in the Prevarication Du Jour post.

        Most here agree with you – Free Speech and court/ethical rules mean a judge isn’t allowed to consider comments here. Of course, that same Free Speech means that I can disagree, and that Dianna can suggest such comments may not be the wisest course, or may even be unhelpful to the defendants. Besides, it seems a bit contradictory to me, to rely on rules preventing harm from these out-of-court-statements by non-parties, while the comments in question assert the rules aren’t followed, kwim? ;


  6. At some point, Bill needs to be forced into taking an undetermined stay at a mental facility. His avatar suggests that this should happen sooner than later.


    • Something tells me that portraying a person with a peace order against you as a corpse is probably not the best way to go if you hope to positively influence the court.


  7. “…therefore in PRETENDY LAND it doesn’t exist.” – Bill Schmalfeldt

    Where is Pretendy Land?

    Is it where all the tweets and blog entries Bill Schmalfeldt has deleted have gone?

    Is it where all the Twitter and Blog accounts that Bill Schmalfeldt has closed, deleted, or had shut down on him due to TOS violations have gone?

    Is it where all the people Bill Schmalfeldt has mis-identified as his arch-nemesis-of-the-moment live?

    Is it where Bill Schmalfeldt’s honor fled to? His self-awareness? His sanity?

    Please, tell us more about PRETENDY LAND, Bill. You’ve proven you’re intimately familiar with that topography.

    Do you know a good realtor in Pretendy Land? I for one wish you’d buy a farm.


  8. https://twitter.com/weltschmerz2015/status/566007058227822593/photo/1

    Out of curiosity…. what DID Bill say to a college registrar in order to get her to give him the name and other information of a former or current student? And conduct such lengthy searches….

    Can we put it past Bill impersonating someone of authority in order to try and get the information?

    I think tomorrow I will call MTSU and see what their response is to an inquiry from someone about their students…..


    • I found the fact they treated his request (I need to know his full name and any name he might have attended under to look up his information) with credulity troubling. Is that information (specifically aliases) public?


    • Let them know that a adjudicated harasser and stalker emailed them seeking information on a former student–likely for illegal uses.


      • THIS!

        There is plenty of the Deranged Cyberstalker Bill Schmalfeldt’s stalking and harassment history that could be passed along to possibly give this university great pause the next time it decides to freely assist an anonymous inquiry.

        I find this very troubling.


      • It certainly sounds like something that would open a university up to a law suit. Especially since the character in question already has restraining/peace orders against him for harassment/stalking across state lines.

        I doubt the people of Tennessee (especially parents of students) will be amused that an anonymous online inquiry for a possible students information was allowed to transpire. I doubt they will find it amusing that the person requesting the information has restraining/peace orders against them.

        I can certainly see the university taking a dim view to this since their reputation is on the line.


      • I wholeheartedly agree, Harkonnen.

        The restraining/peace order issue is the reason I asked up above as to whether or not universities are in the habit of passing along attendance information to anonymous inquiries concerning even current students.

        I’d think that most people — whether they be students or students’ parents — would prefer an individual with a restraining order against them was not privy to information regarding where the object of their obsession attends school.

        Again, I’m appalled. This is insane if this is university policy across the board.


    • Instead of calling the university registrar tomorrow I’m going to email them the twitter screencap of his email conversation with Cindy.

      I am also going to send along with the screencaps of his twitter fail dox of the person “Andy Ballard”.

      And I’m going to attach the digital copies of his restraining/peace orders.

      In addition to the registrar I will also CC the following people at MTSU:

      DR. SIDNEY A. McPHEE: President
      DR. BRAD BARTEL: University Provost
      MR. JOHN W. COTHERN: Senior Vice President
      MR. WILLIAM J. BALES: Vice President for University Advancement
      MR. ANDREW OPPMANN: Vice President for Marketing and Communications
      MR. BRUCE PETRYSHAK: Vice President for Information Technology & Chief Information Officer
      Dr. Debra Sells serves as the Vice President for Student Affairs and Vice Provost for Enrollment and Academic Services.
      Sarah Sudak serves as the Associate Vice President for Student Affairs and Dean of Students.
      Laura Sosh-Lightsy is the Assistant Dean of Students.

      It will be interesting to see what response the university has about giving out the information to someone who obviously has a problem with harassing/stalking people. And that person sharing the information/email they got from MTSU online.


  9. https://twitter.com/weltschmerz2015/status/565970299720855552

    No one has thrown poop at Bill Schmalfeldt. SENT poop, maybe.

    Bill Schmalfeldt has taken personal butthurt and a desire to harm those that oppose Brett Kimberlin and used that to justify a long series of vile misdeeds.

    It is Bill Schmalfeldt’s utter disregard for innocent bystanders and inability to interact with those that he disagrees with that has earned him multiple protective orders and his “Stirling” reputation as a deranged cyber-stalker.

    Bill Schmalfeldt: Your life is not our fault.


  10. https://twitter.com/weltschmerz2015/status/566022915985276928

    Again, we are forced to ask: What duty do we owe Bill Schmalfeldt? Is Bill Schmalfeldt our friend? Is Bill Schmalfeldt an officer of the court or law enforcement? Is Bill Schmalfeldt our dad, or brother, or son? Or, is Bill Schmalfeldt just an adjudicated harasser and stalker, a bald-faced liar, and an operative for a convicted bomber, purjurer, and (most damning) lousy musician?

    When Bill Schmalfeldt quits lying, THEN Bill Schmalfeldt might have grounds for complaining about being lied to.

    When Bill Schmalfeldt starts acting with integrity, THEN Bill Schmalfeldt might have grounds for complaining about being tricked.

    Of course, we all know that Bill Schmalfeldt wasn’t lied to or cheated by Mr. Hoge. Bill Schmalfeldt himself tweeted that there were conditions attached to Mr. Hoge’s willingness to drop the appeal… And we all know Bill Schmalfeldt went back to his same old shtick. Bill Schmalfeldt has no one to blame but himself.

    Meanwhile, if Bill Schmalfeldt had quit acting like a deranged cyber-stalker perhaps Bill Schmalfeldt wouldn’t have a contempt ruling hanging over his head.


      • Nope, but I have several identities cooked up and ready to roll if Bill Schmalfeldt is so foolish as to attempt to spar with me.

        If I were really cruel, I’d arrange a bread-trail to one of my more interesting old friends back in the States.

        Heh. Heh. Heh. Schmalfeldt has no idea the kinds of people he’s pissing off.


      • If I were to recount the list of lessons I took from my father, it would look like this:

        1. Unless you’re wearing boxing gloves and there’s a referee, there is no such thing as a fair fight.
        2. Unless you’re wearing boxing gloves and there’s a referee, there is no such thing as a fair fight.
        3. Unless you’re wearing boxing gloves and there’s a referee, there is no such thing as a fair fight.
        4. Save money.
        5. If a girl slaps you in anger, do nothing. If a girl hits you with a closed fist in anger, eat her brains. You are a zombie, son, and there are clear lines that can’t be crossed. If you let her punch you, next thing you know she’s got a machete or a shotgun and then you’re in real trouble.


      • That’s a good list, Paul. I would add:

        – never sleep with someone crazier than yourself; and

        – the screwing that you’re getting isn’t worth the screwing you’re about to get.

        Both from my father, who was somewhat, …pithy… in his observations.

        Both of those pieces of advice have saved me some heartache…


      • Advice from an old mechanic:

        If it’s got tits or wheels, it’s gonna be trouble.

        Advice from an old co-worker (AF Para-rescue):

        If it flies, floats or f*cks: RENT IT.

        Personal experience:

        No good deed ever goes unpunished.


  11. https://twitter.com/weltschmerz2015/status/566023300154163200

    It would be nice to go a day without the deranged cyber-stalker Bill Schmalfeldt saying or doing something so reprehensible that an ordinarily even-tempered and charitable person would wish that he’d just quit whining and f*cking die already.

    Quit teasing us, Bill. Yesterday isn’t soon enough for you shuffle off this mortal coil.

    You won’t be missed. But you know that already, don’t you?


  12. Wha could Roy schmalfeldt possibly havr to do with Kimberlin’s failure to effect court – ordered service, (and well known history of doctoring papers and perjury?)


  13. Can we get a judge’s ruling on today’s possible #Flaildox?

    I’m say legit flaildox. It was a good attempt at gaslighting, but not great. It looks like a Linkedin profile and a facebook page was all that was necessary to send Willy into a near feldtdown. But it was Willy’s emotional instability that made it as entertaining as it was.

    Anyway, good job people, but I expect more.

    What say you?


      • And it really brightens my day!! I hope he keeps up the FlailD0xing, its one of the best forms of free entertainment. But you’d think he would get a little embarrassed or discouraged by his constant failure. And by constant failure, I mean 99.9% of the time he gets his victims identity WRONG.


    • I just can’t imagine what a person with multiple restraining/peace orders against them could be thinking documenting their relentless “hunt” for someone online. I mean he posted screencaps of emails from a university registrar saying what info he wanted and why. And then posted a picture of the person who may or may not actually be involved? Wow.

      I guess if you really, really wanted to reinforce that perception (reality) that you are a stalker or harasser than congrats.

      It did make for some nice screencaps of his faildox though.


    • Deranged Cyberstalker and Faild0x Extraordinaire Bill Schmalfeldt.

      Ass handed. Again.

      And, it just never, ever gets old watching the Fail Whale repeatedly embarrass himself. The demented freak truly knows no shame. I have never known someone who has so little self-respect. Just wow.


      • I don’t think that it’s a lack of self respect, though the result to an outside observer certainly appears to be utter humiliation.

        He has lost, or never had, the circuits in his damaged brain responsible for empathy and self-awareness. He simply cannot comprehend how a normal sane human being reacts to his behavior. Add to that his delusions of authority and expertise and you get the toxic brew that is the soul of Bill Schmalfeldt.

        Bill Schmalfeldt keeps promising us he’s at Death’s door. Don’t bother knocking, Bill, just step right on through.


  14. kimberlin was still required to follow service rules, orders of the court, and to refrain from false dealing himself, I Kimby letting Bill write his papers again?


    • Seriously? At this late date you think BK is required to follow service rules and orders of the court?

      That’s really cute.


      • Yes, I think he was required to serve Stacy. And I don’t think that Kimberlin’s strategy to success in wriggling out of it is likely to work. The judge might be dilatory but he’s not stupid.


      • Onlooker –

        At this point I’d say I hope the appellate judge isn’t stupid. This one? The track record is not promising. I’d feel better if there had been even the tiniest wrist slap for the FORGERY of a court summons. But as it stands, that crime has gone from nobody would be STUPID enough to do that, to nobody would be BRILLIANT enough to do that.

        My hopes are not high.


  15. I presume Kimberlin’s method here is to grossly violate the case management order I. Hopes of tilting the judge into viewing well supported plain statements about kimberlin (that are actually relevant to Stacy’s motion…one argument being obvious falsehood and bad faith on BKs part in carrying out his obligations to defendants and the court), as similar ad hominem,

    He means to exhaust the judge’s patience with his scurrilous irrelevancies and to have the judge blame Stacy for provoking him with ” personal remarks” so that the judge will throw his gavel down and rebuke the “exchange”. It all BK has got, really. It’s his only hope.


  16. Wait, I thought the entire RICO madness was just a long, drawn out, scurrilous, ad hominem attack on everyone.


  17. HOOOOOOOGE!!!!! @weltschmerz2015
    And it would be nice to go a whole day without one pig or another in the Hoge Sty lusting for my death. Soon enough, piggies.

    Have you seen the Oedipal Schmalfeldt
    Crawling in the mayo?
    And for Oedipal Schmalfeldt
    Life is getting worse
    Always having mayo to play around in

    Have you seen the Oedipal Schmalfeldt
    In his mayo stained shirt?
    You will find the Oedipal Schmalfeldt
    Stirring up the mayo
    Always having mayo stained shirts to play around in

    In his styes with all his backing
    He doesn’t care what goes on around
    In his eyes there’s something lacking
    What he needs is a damn good whacking
    with apologies to George Harrison


  18. Dumbass has almost perfected a real life demonstration of Orwellian doublethink. One post Andy B. i snailed to the wall and must issue an apology.
    The very next Andy B. is a terrible faky faker who has lost all credibility because his LinkedIn page and Facebook suckered Dumbass to no end.

    Seamless gear shift with no interval between. If he can just finally eliminate that small hysteresis and believe both contradictory facts at one time he will have achieved pure and unadlulterated doublethink. He’ll be ready for Room 101. Wonder what his personal nightmare is that awaits him there? cold, Hoge? dogs sans mayo?


    • Dumbass. Missed. The. ANDREW. On. The. Alumni. List!

      I’m still dying laughing at that over here!

      Damn! He is SOOOOOO freaking dumb! LOLOLOL!


  19. I, for one, would welcome the extraction and posting of material strictly related to me.

    It’s not actionable, if I understand correctly, but I have no fear of anything Brett Coleman Kimberlin, pedophile, murderer, drug dealer, and scurvy excuse for a sawed-off humanoid, might have to say about me.

    Strictly at Professor Hoge’s discretion and convenience, of course. He owes me nothing, and we all owe him a great deal.


    • Ditto. I’ve sometimes wondered what Mr.Hoge thinks about some of the statements the come out of some of the various situations, but for the most part he seems to be content to stand by while individuals freely speak their minds on his blog. Thank you, Mr.Hoge.


      • Team Kimberlin insists that because I allow a comment to stay up that I must agree with it. But that’s silly. Considering that commenters often disagree with one another, my letting both sides have a forum does not mean that I agree with both at the same time. in fact, I might hold a third view.


  20. Cousin Bill seems to not know the meaning of some of the words he tosses about:

    “Hoge has made a rather fecund bed for himself, and now he will have to sleep in it.”

    Oh, really?

    Fecund:

    producing or capable of producing an abundance of offspring or new growth; fertile.
    “a lush and fecund garden”
    synonyms: fertile, fruitful, productive, high-yielding; More
    antonyms: barren

    Is there something you need to tell us, Dear Host?

    😝


  21. Motion to strike. Motion for sanctions. Make the judge deny justified relief. No war stories, but I can tell you from experience that it works.

    I still think the (sigh…sorry) jury’s still out on whether the judge will turn out to be one of the good guys. I’ve seen plenty of judges over the years who just keep paying out the rope to an undeserving pro per litigant until, suddenly, the noose appears. That said, I can’t imagine one good reason why the RICO case is still befouling the federal court system.


    • Check out this recent ruling in the Silk Road trial:
      http://ia600603.us.archive.org/21/items/gov.uscourts.nysd.422824/gov.uscourts.nysd.422824.173.0.pdf

      According to his order, the judge did back flips to help the defense before finally giving up. This is from page 1: “…even when the Court provided a twelfth-hour additional opportunity to do so, making clear the deficiency and inviting a fix…” [the defense failed to take appropriate action]. I’m sure that sounds familiar to those who’ve watch RICO madness unfold.

      The Silk Road defendant has a lawyer, or team of them, so isn’t expected to get the same tolerance or help that a pro se party may be customarily given. Yet… that’s just how it goes, at least with some judges, it appears.


    • Jane, I would say that this ruling is an example of what a judge should be doing rather than an example of what is happening in the RICO case. Judge Forrester makes clear throughout the ruling that 1) there are rules and 2) everybody has to abide by them.

      This is a criminal case, and it reads in the ruling that the judge has been patient with the defendant on making cursory attempts to abide by the rules, and has been warning along the way that there are rules and that everyone must abide by them. So in this ruling, she says, okay, look, I told you to follow the rules, you didn’t, so I am going to deny this motion that you did not follow the rules on.

      This is not even in the same universe as the RICO case in terms of case management. The judges in the RICO case have both made the rules up as they go along, ignoring/defying FRCP, the local rules, and precedent.

      For all the stupidity/incompetence on the BK side, even he has picked up on the judges’ disregard for the rules, referencing those actions and saying, hey, you gave me this before, you have to give it to me now.

      So as a comparison other, the ruling you link does not lead to hope but rather to despair, because it shows what might have been.


      • Some have complained about what they view as special help received by the puny plaintiff. The Silk Road case shows such help happens in other cases.

        Are you suggesting this judge has never ruled against the tiny terrorist? I agree with you that the perjury/forgery thing should have already been addressed, but don’t know the FRCP and other rules, applicable statutes, relevant case law, and local custom, well enough to be certain that malfeasance or incompetence are the only possibly explanations for why it hasn’t been. I do note none of the defendants have moved for recusal.


  22. When you step back and think about it objectively, it’s incredible that a US District Court has more or less gone out of its way to prolong the total waste of time and taxpayer dollars this case is.


    • A year and a half into it and they’re still stuck at the FRCP 12 stage of a lawsuit patently bogus in every respect? And honestly, you have to blame the court for this, transferring the case around, not ruling on motions, abiding misconduct, etc. Out freaking rageous.

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