Another LOLsuit VI: The Undiscovered Krendler Motion

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Rule 12(b)(6) allows for a motion to dismiss when a plaintiff has failed to state a claim upon which relief can be granted, meaning that even if everything the plaintiff alleged is true, it still wouldn’t add up to a valid cause of action for a lawsuit. IANAL, but I can see how that might be a valid motion in LOLsuit VI—except for one thing: The Cabin Boy™ didn’t properly file his proposed amended complaint, so while it appears on PACER, the court has not accepted it as the operative complaint. Of course, the defendants could file a motion based on the original complaint, but the Cabin Boy™ didn’t bother to serve it on them. That leaves them not knowing which complaint they are officially facing. Their lawyer has filed this motion as a result—

76 thoughts on “Another LOLsuit VI: The Undiscovered Krendler Motion”


  1. I am sure that Bill was confused by the answers he received from the pro-se internet law firm of Just, Answers, Dot, and Com, Esq. He’ll have a response tout suite after he consults with them again that will clear this whole thing up.

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    • “Dear Mommy JustAnswers.

      It’s me, again! The 61 year old, recently widowed, Vietnam-era veteran, stage XXXVIII Parkinson’s sufferer who is beset by HARASSMENT and is suing everyone, everywhere for everything, so long as they don’t have a lawyer and are silly enough to believe my incompetent bluster, despite having lost in court to an unrepresented toddler who was a whole time zone away.

      It turns out that they do have a lawyer, and he’s making a big deal out my having served the same lulzsuit LAWSUIT (Damn you, Neal N. Bob! Damn you to Hell for making me call them that!) on his clients.

      Is this further harassment? Can I stalk HIM now, too? I already know where he lives and what his wife looks like!

      I will rate your service so you can get paid as soon as you tell me what I want to hear.”

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      • Dear Lost in Mayo on Scooty Puff,

        Stop being a DUMBFUCK.

        We’re glad we can help you. Please deposit money and rate our assistance as very helpful because it’s our best advice to you.

        DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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  2. Once upon a time, I saw a pro se try to evade getting pwned (under Rule 12(b)6) by repeatedly amending the complaint in a futile attempt to avoid 12(b)6-pwnage by making his lolsuit a “moving target,” so to speak.

    It wouldn’t surprise me if Schmalfeldt’s furtive amendment, a few days after Randazza caused Billy to make bigs in his panties, might not have had a similar obfuscatory motive.

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  5. In a strange way, there’s actually a public service in this mess. While the law is usually a staid, dreary and a terribly boring thing, Schmalfeldt’s abject idiocy makes it FUN!

    Even I can’t believe that he served the wrong complaint. I suppose it serves me right for always saying “He can’t get dumber than this.”

    Oliver Wendell Jones always does. He’s like a bottomless pit of wildly entertaining ignorance.

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  6. The service was described as “facially defective”… is that distinct from “farcically defective”?

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    • Yup. The process servers cost him another $125 each, for $250, and postage/copying of another $100 for all those complaints/waivers/summons flying around the country. So at least $750 for a lesson in how NOT to pro se a lawsuit. Now that Bill can’t simply fold and walk away, I give it until Tax Day when this case will be closed.

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        • And it’s unlikely that he’ll get any lulzsuit welfare in the foreseeable future.

          ‘Tis a pity that this is all coming to an end, isn’t it?

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          • What makes you think it will end? This lulzsuit perhaps, but he has shown an incredibly dogged persistence in stepping on his own d*ck, so why won’t he file more?


          • I have no specific knowledge of what’s coming, but I know what I would do. My answer is based on that alone.

            I would be personally shocked if the current defendants don’t seek significant sanctions against a DUMBFUCK and introduce Lulzsuits i-V as supporting exhibits. Once you collect the set, you find that the Diminished Capacity Kid has repeatedly sued mostly the same people over essentially the same fact set. And every time that his actions weren’t dismissed for dumbassery, he ran away. If there’s a clearer way to demonstrate vexation, i’m not aware of it. Oh, and there are literally HUNDREDS of tweets out there that reinforce that theory, some as recent as Monday.

            Given that, coupled with the fact that he won’t be receiving lulzsuit welfare again (based on his awesomely idiotic spending and actually giving sizable assets away,) he won’t be able to afford it.

            It may well be the case that, this time, Everybody’s Favorite impotent Imp has finally managed to blow his load.


    • What’s amusing is that Bill keeps insisting that the defendants have to pay for service. But then he served them an incorrect complaint and the summons was invalid. That’s weapons grade stupid right there. I’d love to hear Bill explain how the court is going to force defendants to pay for non service caused by Bill’s screw ups.

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  9. And I see he has shit canned his latest Twitter handle. I have lost count on how many accounts he has memory holed. What a pathetic loser

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    • Around 115 or so. Either runs away in fear like a coward to gets suspended for harassment. Once he got suspended for death threats. But he’s a proggy so they keep letting him make a new account.

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      • Rumor was she was a prosecutor in the Child exploitation unit of the Milwaukee District Attorneys office

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          • Hmmm… you mean _this_ tweet by pro se plaintiff Bill Schmalfeldt (2:15-cv-01516)? Or did you have another of his racist and/or misogynistic and/or stalking and/or pedophilic and/or threatening tweets in mind?
            http://imgur.com/9uN4NiE


          • It’s the context that’s going to get William’s formidable fat out of the fire in this case.

            As he said in his own lulzsuit, his depictions of child rape aren’t supposed to be arousing, they’re supposed to be funny! Do you think that he’ll have a problem finding twelve ordinary citizens of Milwaukee who won’t find kidfucking hilarious?

            Oh. Since I put it that way …


  11. If only there was a company who made it easy to search for things on the web…

    Hmmm.
    http://www.justanswer.com/law/44928-required-serve-original-complaint-defendants.html

    Are you required to serve the original Complaint to the Defendants, or can you just serve the First Amended Complaint to the Defendants?

    What happens if you do not serve the original Complaint to the Defendants and only serve the First Amended Complaint to the Defendants? Is this ok?

    ANSWER

    1. The Plaintiff must serve on the Defendant everything that the Plaintiff has filed with the Court.

    2. You cannot serve only the Amended Complaint on the Defendant. The Defendant must be served with everything the Plaintiff has filed with the Court. If the Plaintiff does not do so, he runs the risk of the Court dismissing his action.

    3. If the Defendant does not file an Answer to the Complaint and to the Amended Complaints, the Plaintiff can ask the Court to enter a Default Judgment against any Defendant who has failed to file an Answer.

    4. The Plaintiff must serve all pleadings on all the named Defendants. This includes the Complaint and all Amended Complaints, no matter how many Amended Complaints the Plaintiff files. It is then up to the individual Defendants to file Answers, alleging that, for example, Allegations contained in Paragraphs 11 through 20, inclusive are denied as they do not relate to a particular Defendant.

    It’s almost like there might be value to this whole “law school” thing?

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  12. I have started to wonder, could the court force BS to consult an attorney in order for this mess to proceed? I am aware that they can force a pro se defendant to at least have a shadow council in a criminal case (though, obviously a different situation).

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    • IANAL, but I don’t think so. I do know they can find him to vexatious and not allow him to file new suits without the court’s permission.

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      • I foresee a current and possible future issue here.

        Given that Deb Frisch is, to the best of my knowledge, without an address at present, and given also that Bill Schmalfeldt may find himself in a similar situation by the end of August, how would any new such order be delivered to either of these psychostalkers?

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        • Maybe they can be roomies at the local flophouse. I don’t think SSN can be garnished but Disability and Pension payments sure can and that won’t leave much for lodging.

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  13. I wonder how this blast from the past might fare as evidence that Billy knows his lolsuit is without merit?
    http://www.justanswer.com/law/8x1mn-issue-libel-maryland-liabilities.html

    The lawyer actually seems to understand Billy’s character all too well: “Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.”

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  15. All I can say is I am glad that Aaron didn’t make the Palmer-Johnson,err, Johnson-Palmer, err, joke in the motion.

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