Hoge v. Kimberlin, et al. News

Here are the net results of today’s motions hearing in the Hoge v. Kimberlin, et al. lawsuit.

William Ferguson was dismissed from the case for lack of personal jurisdiction.

Both of Bill Schmalfeldt’s motions to dismiss were denied. His answer to the complaint is due within 15 days.

The motion for alternate service on Matt Osborne was denied, and Judge Hecker instructed me how to proceed with service of process against Osborne. I will follow his directions.

All of the Kimberlins’ pending motions were denied. That included the motion to quash the subpoena to GoDaddy; the motion to dismiss the suit as a SLAPP suit; the motion to find me a vexatious litigant; and their motion to dismiss for improper venue and failure to state a claim. At the close of the hearing Brett Kimberlin moved that discovery be stayed, and I offered to stay discovery until 17 October, the Monday after the Walker v. Kimberlin, et al. trial is scheduled to end. The judge ordered a stay until the 17th.

My requests for default against Almighty Media and Breitbart Unmasked were denied because there is no proof that they are legal entities. Their status is under investigation.

My motion to strike the reference to me as a “serial stalker” and “sexual predator” in the title of one of the Kimberlins’ motions was granted, and the judge warned that such epithets have no place in the proceedings. The Clerk was ordered to redact those words from the online docket and the paper record.

My motion to strike the confidential discovery material from the Frey case that had been included in one of the Kimberlins’ filings was denied. Judge Hecker felt it was the federal courts job to enforce its protective order.

My motion to strike all of the Kimberlins’ improperly signed filings was denied, but the judge ordered the Kimberlins to correct the signature blocks on their filings within 15 days. In line with that ruling, the judge determined that their second answer would be taken as their operative answer if they correct the signature problem.

My motion to compel GoDaddy’s compliance with a subpoena was granted.

The judge said to expect a scheduling order within 30 to 45 days.

So as things stand now, the case continues to go forward against the Kimberlins and Bill Schmalfeldt.

Did I get everything I asked for? No, I didn’t.

Did I get everything I expected? Let me put it like this: Everything proceeded better than I foresaw.

Oh, one more thing … I’d like to thank the Lickspittles who showed up to watch the hearing today. I appreciate their support.

UPDATE—Yes, it’s true that my request for default against Schmalfeldt was denied. As noted above, he has 15 days to file a proper answer.kl201609272125zI wasn’t wearing a tuxedo. Evening wear would not have been appropriate in the court. I wore a navy blue pinstripe suit with a white oxford cloth shirt, medium blue bowtie, black oxford shoes, and dark socks. The Cabin Boy™ was casually attired. The Dread Pro-Se Kimberlin wore a rumpled suit, a white shirt with no tie, and white socks.

102 thoughts on “Hoge v. Kimberlin, et al. News

  1. I am most curious to hear particulars of what Judge Hecker had to say about Schmalfeldt’s request to transfer the case to Wisconsin. Because that was some genius authentic frontier gibberish pleading that deserved some attention!

  2. I started to ask why you agreed to stay discovery until October 17… Don’t let up the pressure especially since El Kimbo doesn’t have a real job (IMHO) requiring his working-day full-time attention; make him sweat.

    But then I realized the date is close enough that he’s still going to have to scramble.

    Please don’t respond if doing so exposes your strategery.

  3. Congratulations on a very successful day. I’m assuming you have similar foresight to what I am able to discern; I will therefore smile quietly and nod knowingly.

    • I don’t want to say what I’m thinking, so I will just say, well done, Mr. Hoge.

      As for Kimby and Schmallballs, well, they’re [redacted]. And [redacted].

      Let Fergie have his little victory…even loser dipshits like himself get lucky sometimes.

  4. Also. If it doesn’t hurt your cases-

    How about details on how the other counter-parties behaved? Especially the Brett-ster. His demeanor? Did he talk to you in the hall about possibly dropping this whole thing? Yet?

    Did DF/Shakes give a shout out to his buddies in the courtroom? Did he seem happy to see them even from afar?

    Was FiFi wearing bunny slippers? Or was that hard to tell because of camera angle?

    On a side note: All of those participating in Kimberfest ’16 this week please know that breakout sessions will be held in Salons A, B, C and D.

    Even though I look forward to seeing all of you I’ll never ever volunteer for the Prom Committee again. Too much work.

    I DO want to take this opportunity to thank our sponsors:

    Koch Brothers

  5. Ferguson thinks he beat a Yale law school graduate. It’s easy to spot an Aaron motion from John’s … add several pages!! Sorry Aaron had to tease you a little. Honestly though they have such different writing styles too.

    And what would be Ferguson’s good authority? One of his cats because he can’t land another human being to sleep with him? I have it on good authority Ferguson spreads peanut butter where he shouldn’t.

  6. Bill Schmalfeldt, Ed ‏@Leonidas_BU

    .@sub_aetha @wjjhoge Did that look like a Tux to you, Will? I kept expecting him to step into a rendition of “PUDDIN ON DA REEEETZ!”

    15 days to default bill, 15 days…

  7. Although FiFi got off scot-free, his time will come, and Justice will prevail.

    My bet is that FiFi will piss off the wrong drug dealer, and be anal raped with a splintered broom handle.


    • Or he’ll piss off the wrong father. Remember, this is the guy who publicly stated he wanted to bang 14 year olds.

  8. So one sorta big lose (Fergie) and some minor loses but overall, more win then lose. And the battle continues with the defendants more bloodied than the plaintiff. I’d call that a win for Hoge.

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  10. Surprisingly, Ferguson took steps to address the realities he faced.

    Osborne, not so much. He’ll end up spending more time, effort and money trying to evade than if he just faced up to it, and he’ll end up with fewer options.

    Then there’s Schmalfeldt, trying to change reality into what he thinks it should be. In a world all his own, of his own making.

  11. Did The Blob show up in person, at great personal risk to his life? Or did he appear by video, at great financial cost?

    I’m taking his comment about Our Host’s apparel as an indicator that he was there in person, but I’d rather not make any assumptions.

    • Judge Hecker is a very tech savvy judge. His courtroom is set up to allow for video conferencing via Skype to be connected to the courtroom AV system. This is another example of Carroll County finding a more cost-effective way to perform a government service than most other jurisdictions in the Democratic Peoples Republic of Maryland.

  12. Lack of personal jurisdiction is not fatal to a case. It can be refiled in a court with jurisdiction. Then it’s game on again.

  13. I did attend rhe hearing from 8:45 to a little after 3:00, when I had to leave for an appointment in DC so I missed the final motion or two.

    I shall try to summarize my notes more fully late tomorrow. But here are my purely personal impressions to some of the questions asked above.

    Ferguson was appropriately dressed with an appropriate demeanor. He made a very simple, very brief argument to the effect that he had insufficient contact with Maryland to be haled into court there. He made the most impressive argument of any of the four defendants because it directly addressed the pertinent legal issue in simple terms. (He did not make any serious argument about venue within Maryland. His sole argument was that Maryland had no jurisdiction and so venue within Maryland was an irrelevancy.) The judge ruled in Ferguson’s favor about lack of personal jurisdiction on federal due process grounds, citing International Shoe. My guess is that John could try again with an amended complaint if more facts about Ferguson are developed through discovery, but the judge’s ruling was no travesty. And Ferguson is a minnow in this case.

    Witless made a whiny argument for sympathy, and his legal argument was almost invisible. He did not even try to argue the venue motion. John offered to move venue to another county in Maryland, and Willie basically said that he objected to any county in Maryland. He did trot out his argument of forum non conveniens, citing no cases as far as I recall. His argument, if you can call it an argument, was a long, somewhat incoherent whine about Parkinson’s. The judge did not dignify Willie’s idiocy with any response except to rule against it. Willie was not a happy camper; he looked completely flummoxed that Wisconsin does not try Maryland cases. When he signed off, he whined some more and promised a counter-suit (in Maryland).

    Kimberlin of course was the main story. He talked more than everyone else put together. He did put on a tie once the case was called, but John forgot to mention that the elastic in his white socks was shot so they puddled around the tops of his shoes like prolapsed ankles. He does have great stage presence. His arguments were highly emotional invoking motherhood (without apple pie), bullying, teen age suicide, etc. He even broke down into tears at one point as he recounted what in his view were the horrible iniquities visited upon his family.

    His arguments, however, were only tangentially related to the legal issues. Ironically, he REALLY disliked the presumption that the factual assertions in a complaint are considered true for purposes of a motion to dismiss, at least he dislikes that presumption when he is a defendant. But his funniest nonsense was when he said his communications with Twitter were covered by the litigation privilege. Moreover, he tipped his hand as to what his primary arguments will be in a motion for summary judgement and to the jury at trial. In my opinion, John has been given many clues on where to strengthen his case.

    I thought only one of Kimberlin’s legal arguments was plausible, at least superficially. He argued that John had no evidence that the email from the Frey case came from the discovery in that case. (Where it did come from Kimberlin didn’t say so John might be able to exclude it as being unauthenticated, but in any case the email is irrelevant.)

    John did really well and was working hard for over five hours. The judge was thoughtful and patient. Kimberlin put on a great show, but he forgot that this was a motion to dismiss and so disclosed lots of his trial strategy. Willie, tastefully clothed by the Milwaukee Tent and Awning Company, had no pertinent legal argument in support of his motions.

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