Team Kimberlin Post of the Day

During the show cause hearing on 5 May, Judge Hecker told the Cabin Boy™ to get access to a copy of the Maryland Rules and to obey them. Rule 1-321 deals with service of court papers other than original pleadings.

Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address.

Rule 1-321(a). In the past I have waived physical service in some cases and accepted service via email. However, I am no longer waiving physical service, so the Cabin Boy™ is required to deliver physical copies of all of his filing to me. Day before yesterday, I received an email from the Cabin Boy™ with an incomplete version of what appeared to be a motion attached. The text of his email read

I am not killing any more trees for you.
Here. It’s in the mail today.

If that filing appears on the court docket and I have not received a complete physical copy of what has been filed, I suppose I will have to go to the Clerk’s Office and buy a copy. If that happens, I’m sure the Cabin Boy™ will be given an opportunity to speak with the judge about it.

T-minus 33 days and counting.

85 thoughts on “Team Kimberlin Post of the Day

  1. Sure. With a show cause hearing and a Motion for Summary Judgement pending, why not?

    What’s the worst that could happen?

  2. Mr. Hoge, you didn’t upload his motion, so obviously you’re really, really, really scared and losing. My guess is he wants to sit in front of his laptop naked and only show the court his face while that bald cat somewhere licks peanut butter.

    p.s. I wouldn’t be surprised this one final time it’s allowed because Bill hit upon somebody’s pet project and will pay big time later.

  3. I have a question…

    Exhibit C of your motion for discovery sanctions is an email exchange in which DUMBFUCK is apparently disputing that an email sent from is genuinely from Our Gracious Host (though if it were NOT from him, it beggars belief to wonder how it wound up in an exhibit attached to a motion filed by OGH). DUMBFUCK also makes clear in no uncertain terms that he does not accept service by email.

    So, the question (which I bet even a DUMBFUCK can see coming a mile away): at what email address was this incomplete motion received?

    • Here’s the sequence of events as I recall it:

      1) Our Gentle Host graciously agrees to service by email from DUMBF5CK.

      2) DUMBF5CK starts playing cute games, sending emails from anonymous servers and so forth.

      3) Our Gentle Host, having had his fill, revokes his permission for service by email.

      4) DUMBF5CK, being a DUMBF5CK, revokes *his* permission for Our Gentle Host to serve him by email, starts moving around the country without providing a new address to the parties or the court, and yet insists that he can still serve documents on Our Gentle Host by email.

      Did I miss anything?

      • That all sounds like a pretty good summary, as I understand things.

        Of course, I could well be mistaken, given that I have not had a miraculous recovery from *my* neurological issues (idiopathic adult-onset hydrocephalus), although I’m pretty sure the shunt installed 10 years ago headed dementia off at the metaphorical pass.

      • Blood on the Mike‏ @bloodonthemike

        I look forward to @wjjhoge’s explanation to the judge why email service WAS OK, but now it isn’t. Butthurt? @BreitbartUnmask @truth_partner
        1:24 PM – 26 May 2017

        2) DUMBF5CK starts playing cute games, sending emails from anonymous servers and so forth.–Accipe remedium, Tremule!

        Mr. Hoge was not the one who was playing games with email.

    • I see he changed his Twitter agan. Third time in a week? And who is “Mike”? Or does the functional illiterate mean “Mic”? And is Hoge a “liar” here because BS just “forgot” again?

      John, at the hearing, if the judge awards monetary sanctions, ask that they be paid then and there to the court, to be forwarded to you. No telling where a homeless adjudicated harasser may flee to.

      • So Bill quotes this TKPOD, which means he is once again reminded Hoge is not waiving physical service. And while he is flaunting the rules, he is showing the decorum we’ve come to expect.

      • I see Dumbf5ck underlined the “or” there. Apparently he thinks that it said “or by EMAILING it to the address most recently stated in a pleading or paper filed by the attorney or party”, but…um…it doesn’t.

        Damn, Biwwy, don’t you ever get sick of f5cking up EVERYTHING?

      • That rule he quoted–underlined–does not say any thing about email just service by process server and/or mail.

        • He seems to be trying to say that “delivery of a copy” is it’s own clause followed by “mailing it to [the address.]
          But that’s not the construction of the sentence. Delivery or Mail then “to the last known address.”
          I suppose you could claim that electronic delivery is delivery, but my guess is that since you have to consent to that it’s covered somewhere else that electronic delivery doesn’t count.
          Also he’s claiming that Hoge consented to electronic delivery (and implying it can’t be revoked, which is wrong, but set that aside for a moment.)
          Meaning, not unsurprisingly, he’s making 2 mutually exclusive arguments: 1) Electronic delivery counts as delivery and 2) you have to consent to electronic delivery because it doesn’t count.

          • From Rule 1-321(a)….. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the office of the person to be served with an individual in charge; or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving it at the dwelling house or usual place of abode of that person with some individual of suitable age and discretion who is residing there.

          • See, covered somewhere else (Delivery being defined pretty specifically).
            I don’t have to know the MD rules, I’m not involved in a court case there.

          • In other words, this is like if woman marries you, then she can no longer claim that you raped her if she doesn’t want to have sex. Bill Schmalfeldt has the mindset of an MRA. Good to know.

      • Cabin Boy is demonstrating that his violations of the court rules are knowing, intentional, petulant acts. Not mistakes, not ignorance.

        Brilliant move.

        • He was ordered and I’m given to understand acknowledged in open court that email was not an acceptable means of delivery of his answers.

  4. His podcast was the usual riot. Sound was fine and then he decided to “fix” it to get rid of echo, and he actually created an echo.

    It’s amazing how well he can speak when he’s not peeing himslf in a court hearing. Fascinating PD he has. Good thing he wears Depends. He’s written extensively about wearing adult diapers.

  5. Dear Mr. Fakinsons,

    A rule’s application can be waived if BOTH parties agree. Once one party revokes their consent you have to follow the rule no matter how much you stamp your feet.

    Unless you can find a rule that says otherwise.

    Which you won’t.

    Because it doesn’t exist.

    So start killing trees and paying for postage because any expense Mr. Hoge incurs I’m sure he will add to the judgement request.

  6. So, Bill Schmalfeldt did not send the complete digital copy of what he should have sent.

    If I were Bill Schmalfeldt (shudder) I’d refuse to fix the error. By God, no quantum mechanic would push me around! I’m not killing more trees (renewable resource just like coffee) just to satisfy John Hoge’s intense and perverted interest in my motions. When I write something, I’ll send as much or as little as I think necessary. The missing part is probably a motion to dismiss or transfer to a jurisdiction like Myrtle Beach — under the little known legal theory known as equum stercorant.

    In fact, I’d file a motion to exclude certain pleadings from John Hoge, as “it is just not fair, he’s better at this…” and his lawyer friend went to Yale, and mine went to jail. I’d exclude odd numbered pages and well as prime numbered pages. Frankly, if I was Bill (shudder again) I would not put up with this ongoing truthful reporting of the facts of this case, followed by constitutionally protected opinions from people who are so anonymous that I can’t badger or sue them like that three your old in the hayseed mountains of North Carolina, whose grand mother I’m suing for the umpteenth time because she dares to ask the question “WHAT THE HELL is WRONG with that guy” so effectively at BIllySez. I wouldn’t let these people talk about me in a negative way. I’d let the estrogen and adrenaline mix with whatever was on sale this week, and bring fire from the heavens with the power of my Tweets. I would identify Krendler once and for all, as opposed to randomly pointing “You’re Krendler” to every smirking Lickspittle and random Latin guy on the street.

    Frankly, Bill. I don’t think I would let Hoge push you around like this.

    Home. Cell phone. Sick day. Heavily medicated.

  7. He has to realize there’s no other way this comes across than petty right?
    I mean it’s not like the burden being imposed here is that high. He has to mail it to the courts, so hit “Copies 2” and “Collate” an extra envelope and stamp and…done.

    And it’s not some obscure rule either, it’s the basic unaltered way.
    MAYBE (emphasis on MAYBE) if this were a “has to be mailed overnight, signature requested, while juggling flaming tennis balls a the postal counter” situation he might be able to say “well, they’re intentionally trying to burden me.”
    Again, MAYBE. (Not probably, barely even “possibly”). But…it’s not even that. He doesn’t even have to go to the post office. (OK, will that may not be entirely right, since I’m uncertain as to the location of the nearest outgoing mailbox at his current abode. But he certainly doesn’t have to wait in line unless he needs stamps.)

  8. Sitting in the mountain sunshine at the golf resort with the Rule 5 wife and six of the grandkids (getting lots of spontaneous hugs), and playing with the new puppy (seven month old purebreed Portuguese Water Dog, marvelous, sweet personality), I wonder, once again, where did it all go wrong for Cousin Bill?

    We started out in the same place, Iowa, born within a couple years of one another to working class families, same surname and genetic backgrounds, similar number of siblings, similar looks (when we were younger), the list goes on and on.

    Poor sad sack bastard. A lifetime of bad choices.

    Honey, what’s our tee time?

  9. Dumbf5ck HAS to be trolling, right? Like, there’s literally no way anyone can be so f5cking stupid as to believe this.

    *re-reads what Biwwy filed*

    I think he really is this stupid.

  10. Hey everyone, could y’all help a fella out and NOT irritate the puss-oozing sore in Myrtle Beach or wherever he’s hiding this week? The Johnnie Walker Red Baron has added ANOTHER Twitter handle to his list and if he adds too many more before Memorial Day, I’m out of the running for the insulated Hogewash! tumblers. I’ve had no luck in the pools lately and I KNOW several of you can easily supply glasses to your favorite baseball team.
    I’d really appreciate this!

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