Team Kimberlin Post of the Day


One of the comments to yesterday’s TKPOTD quoted from a tweet by the Cabin Boy™ asking why I don’t simply ask him where he is now living. I suppose I could do so—if I cared, but I don’t care where he lives. The only reason I have to communicate with him is to serve court papers and discovery on him, and that service is complete upon mailing to the last address that he has supplied to the court. I’ve been advised that it’s his responsibility to keep that contact information current, not mine.

45 thoughts on “Team Kimberlin Post of the Day

  1. The hide-in-plain-sight strategy is working out really great for the Cabin Boy. It’s now his responsibility to deal with the lawsuit like a man – if he could act like that once in his life.

    You know, once Bill and the rest of team Pedobomber is gone, I’ll still come by here for political and astronomy posting. Yeah, it’s fun to laugh at them, but there’s plenty of non-Bill discussion here worth reading. So I don’t really care where Bill is either. Sure, I might drink a toast to his death or imprisonment, maybe even with Johnny Walker, but he’s not that important to me.

  2. As a hypothetical…..

    You send mail to Schmalfeldt at the address he told the court he lives at.
    Mail comes back undelivered with no forwarding address.
    You ask for a show contempt hearing since he is not responding to whatever you sent him.
    Court sends him a notice that is also returned.
    Hearing comes and Schmalfeldt is a no show.

    What exactly is the court going to do? Send him another notice at the address he abandoned? Will they send the Christmas Eve clerk to peer in the windows? Or just maybe he never thought they might [REDACTED]. Because that would be hilarious!

    • Well, if he ends up owing anything to the court, eventually it’d get referred out to a collection agency, and they’re pretty good at finding people. Skip traces are pretty reasonably priced, my brother (in the business) tells me.

    • I would imagine he would have a difficult time visiting his good friend Brett in Maryland; considering there might be a bench warrant outstanding.

  3. Even if Bill Schmalfeldt intends to not further appear and to default, he has no idea of the kind of fire he’s playing with here. He would be far better off informing the court of his new address and file a notice that he does not intend to participate further in the proceedings. The court might look the other way, as it sadly has in recent memory, when a litigant sticks it in the eye of an adversary party. Schmalfeldt’s failure to comply with the court’s requirement to keep it informed of his current address is a whole ‘nother thing. I’ve said it before- the courts take themselves very, very seriously. Schmalfeldt thinks he can purge any contempt before the court will take steps. It doesn’t necessarily work that way. A court’s power to punish contempts is pretty vast. He might think he’s chancing urinating on an electric fence. He really ought to be thinking more In terms of a 700 kV powerline.

    • Nah, the fat Pedoketeer doesn’t even think he’s fornicating over the court. He thinks he’s only fornicating over the gracious host. He hasn’t thought beyond his enmity with good people.

    • Bill has publicly stated that he has moved to Palatine, IL. It is not up to the court or his fellow litigants to figure out where he is and if he’s lying.

    • As our host says, it’s Schmalfeldt’s duty, not our host’s, to maintain his correct address with the court. The consequences fall on Cabin Boy.

    • You have no obligation in litigation in accomplishing service when allowed by mail to do anything other than to send the pleading or other thing to be served to the address that is in the court file. There is no duty to inquire or do anything else, as the person to be served has the entire burden of keeping the court informed as to his or her whereabouts. If you move on short notice, the court will expect you to file a forwarding order to the new address with the post office. It is that simple. All our gentle host needs to do is certify in connection with anything sent to Mr. Schmalfeldt is that it was sent by the USPS, proper postage affixed and in an envelope addressed to the address in the court file. The item will be deemed properly served based on that, with no further inquiry either undertaken or permitted.

      I’ll say it again: this is a huge unforced error on Bill Schmalfeldt’s part. He is being foolhardy, and I think John Hoge will be well-positioned as a result to obtain significant relief.

  4. I find the prospect of Bill Schmalfeldt telling people after defaulting that he STILL has never lost a lawsuit on the merits just delightful.

  5. Pingback: In The Mailbox: 02.20.17 : The Other McCain

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