The Cabin Boy™ has another hearing this morning on a pair of restraining orders in North Carolina.
Plus ça change, plus c’est la même chose.
Meanwhile, the Cabin Boy™ has spent a good part of the past few hours frothing at the keyboard and writing about filing a petition for a restraining order against me.
The Cabin Boy™ needs to take a deep breath and stop to think how silly this whole comment brouhaha looks. After two years of compliance with his notice to stop contacting him, why would I suddenly comment on his blog? After years of saying that he’s within his rights to write whatever he likes about me as long as he avoids defamation or threats, why would I suddenly say he can’t? The comment doesn’t pass the smell test.
This is clearly another one of his less well thought out schemes. Unless he lies in the petition, I believe that he’ll find it impossible to find anything that I’ve done that would add up to the course of conduct necessary to allow for an TRO or injunction under Wisconsin law.
Ah, and then there’s the problem of Wisconsin law. I’m not in Wisconsin, and lacking the requisite connections to the state, its long arm statute would not provide a Wisconsin court with jurisdiction over me. The Cabin Boy™ knows that’s the case. He raised the same argument in his motion to dismiss Lynn Thomas’s petition. As a matter of fact, I should probably include a copy his motion as an exhibit in my motion to dismiss. That would show that the Cabin Boy™ had filed in bad faith knowing that Wisconsin doesn’t have jurisdiction. That kind of misuse of the courts usually results in sanctions; perhaps I can get my travel expenses and lost billable hours reimbursed. Any trip I have to make to Milwaukee because of a petition filed by the Cabin Boy™ will be very, very costly for him.
By the way, the Cabin Boy seems to think that I have to prove my innocence. I don’t. The way things work is our court system is the plaintiff/petitioner has to prove his case. He has no proof of who sent that comment. He claims someone gave my email address. He has no proof that someone is me. OTOH, the connection logs from my ISP and the web hosting for my email server show that there were no connections made to Schmalfeldt’s blog at anytime near 4:37 pm CT yesterday. The connection logs for my phone and iPad show no such connection as well. That’s just one bit of evidence I could offer. There is more.
Well, he hasn’t filed anything yet. Who knows? He may change his mind after some sober reflection.