One of the sillier aspects of Team Kimberlin’s attempts to use the courts for their campaign of brass knuckles reputation management has been their use of pro se LOLsuits. It’s been a pain in the neck (or a couple of feet lower) to be on the receiving end of some of them, but I’ve won every one that The
Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt have filed against me. Indeed, they haven’t won any of the cases they’ve filed since the beginning of 2012. One example of their pro se incompetence was pointed out in this Legal LULZ Du Jour from three years ago today.
Let me set the stage. During the closing days of 2105, the Cabin Boy™ was tooling up for what became LOLsuit VI: The Undiscovered Krendler, and he was ranting on the Internet about the direst of dire direness the he imagined lay ahead for his adversaries.
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Apparently, the Cabin Boy™ is planning on bring suit in Maryland, the only state where so-called Brodie Motions are filed. A Brodie Motion asks a court for a John Doe subpoena to an ISP seeking a user’s identity pursuant to the case law in Independent Newspapers, Inc. v. Brodie, 407 Md. 415 (2009).
IANAL, but I’m unaware of any similar case law applicable in the Eastern District of Wisconsin or the Seventh Circuit.
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The Cabin Boy’s™ ignorance is of a special form. His problem isn’t that he doesn’t know much. It’s that so much of what he knows is wrong.
BTW, LOLsuit VI was aptly named. The Cabin Boy™ wasn’t able to use it to identify the anonymous blogger Paul Krendler. LOLsuits VII and VIII also failed.
Losing losers gotta lose.