The TKPOTD for six years ago today dealt with an example of the inability of the members of Team Kimberlin to follow someone else’s rules, in this case, the Maryland Rules of Civil Procedure.
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The Cabin Boy™ filed a motion to amend his response to my motion for summary judgment, but the response t my motion that he filed was defective, and the Clerk of the Court did not accept it. Schmalfedt has also filed a motion to amend his unfiled filing.
I’ve moved to strike the Cabin Boy’s™ motion to amend.
Also, I’ve filed an opposition to his motion to amend in case the judge doesn’t strike it.
Of course, the Cabin Boy™ takes my insistence that he play by the Rules as my being afraid of fair play.
The Cabin Boy™ has already filed two motions for summary judgment, and both were denied. Motions for summary judgment are dispositive motions, and Judge Hecker’s scheduling order required that no more dispositive motions (explicitly including motions for summary judgment) would be filed within 100 days of the scheduled start of the trial. That window closed on 15 May.
Oh, one more thing … I didn’t have a copy to the version of the motion The Dreadful Pro-Se Schmalfeldt filed with the court until after I filed my motion to strike. Now that I have a copy, I see that Schmalfeldt failed to sign the paper he sent to the court. That’s yet another reason to deny his motion.
Everything is proceeding as I have foreseen.
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Brett Kimberlin once complained that being require to follow rules was hyper-technical. Perhaps, but it can be a winning strategy.