Bill Schmalfeldt has clearly been the junior partner when it comes to Team Kimberlin’s LOLsuits. None of The Dreadful Pro-Se Schmalfeldt’s LOLsuits have survived a motion to dismiss. Although all were dismissed for other reasons, he never stated a claim upon which the court could grant him relief. Indeed, hs complaints were often so self-contradictory, they were “not entitled to a presumption of truth,” a line that appears multiple times in the motion to dismiss included in the TKPOTD from five years ago today.
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Yesterday afternoon, I mailed my motion to dismiss The Dreadful Pro-Se Schmalfeldt’s latest nuisance LOLsuit to the Circuit Court for Howard County. I also served a copy on the Cabin Boy™ by mail.
Almost everything the Cabin Boy™ says has an expiration date, but, if he he really wants to drop this LOLsuit, all he has to do is nothing. If he doesn’t file an opposition to my motion, the court will grant it as unopposed, and the suit will be dismissed. Of course, his mind is quite changeable, so he may want to go forward with the suit. If it survives the motion to dismiss, I guarantee that discovery will be … ummm … interesting. Yep, that’s the right word. Interesting.
The Team Kimberlin PR campaigns have failed for the same reason as their lawfare—incompetence. This Bonus Prevarication Du Jour from six years ago today is an example of Bill Schmalfeldt’s inability to get enough of the facts straight in order to be a be able to twist them to his side’s PR advantage.
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So Bill Schmalfeldt wants you to believe that I’m trying to cut a separate deal with Brett Kimberlin from the other defendant’s in the Kimberlin v. Walker, et al. lawsuit because my lawyer filed my answer to Kimberlin’s complaint on the day before the last day for me to file to avoid a default judgment. Does he think that I should have waited and filed jointly with my codefendants? The other defendants are all from outside Maryland, and only one has been served. Aaron Walker’s answer is due 30 days after mine. The other three defendant’s will have to answer within 60 days of being served—if they ever are served.
My offer to settle was taken off the table when my lawyer had to file that answer. In fact, that answer has exactly the opposite meaning from what the Cabin Boy ascribes to it. There will be no separate deals made with me. I am now out to win rather than settle.
He seems to still be getting his legal advice from Acme.
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Closing question: Is the sports editor gig at the Spencer Daily Reporter a GS-13 slot?
Brett Kimberlin does not like to take “No!” for an answer. When the judge in the Kimberlin v. Frey RICO Remnant LOLsuit refused to modify the protective order sealing discovery in the case, The Dread Deadbeat Pro-Se Kimberlin filed a petition for a Writ of Mandamus with the Fourth Circuit Court of Appeals seeking to have the Court of Appeals order the District Court judge to do TDPK’s bidding. The TKPOTD for three years ago today dealt with the motion for expedited consideration that TDPK with the Court of Appeals.
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The Dread Pro-Se Kimberlin’s case is sooooo important that his petition for a writ of mandamus really, really, really needs to be acted on quickly. At least, that’s what TDPK says—
I wonder who that “close associate” of Frey who has been engaging in official corruption is?
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Now that Kimberlin has lost the Frey LOLsuit and I’m no longer on the hook for TDPK’s motion to sanction me in that case, I can make some comments on that motion.
Of course, Kimberlin was gagged by the protective order. Protective orders are gag orders. However, he had no First Amendment right to publish sealed court materials. According to exhibits TDKP filed in another case, the “several” reporters who wanted to publish what they and Kimberlin hoped would be seen as dirt were Matt Osborne and Bill Schmalfeldt.
I was the “close associate of Respondent Frey engaging in official corruption.” Because I am still bound by the protective order, I can’t provide any more details than to say that the allegedly corrupt act was filing criminal complaints against Kimberlin and others in jurisdiction where the elected prosecutor was not a Democrat.
The Babylon Bee was in top form yesterday. First, it zinged the Collusion Truthers.Then it zapped a sizable crowd of Trump supporters.Donald Trump is a flawed individual. While the Mueller Report does find that Trump and the people around him did not engage in the “collusion” with a foreign power during 2016 election (or obstruct an investigation into something that didn’t happen), it also reveals some of the tawdry behavior that went on during the election campaign and its aftermath.
OTOH, imagine that Hillary Clinton had won the election. Would the Democrat’s interactions with Ukraine have been investigated? If so, would she have refrained from exercising executive privilege to conceal any special counsel’s report?
I’ll leave it to the Gentle Reader to puzzle through that exercise in alternate history.