Hoge v. Kimberlin, et al. News


Here are the net results of today’s motions hearing in the Hoge v. Kimberlin, et al. lawsuit.

William Ferguson was dismissed from the case for lack of personal jurisdiction.

Both of Bill Schmalfeldt’s motions to dismiss were denied. His answer to the complaint is due within 15 days.

The motion for alternate service on Matt Osborne was denied, and Judge Hecker instructed me how to proceed with service of process against Osborne. I will follow his directions.

All of the Kimberlins’ pending motions were denied. That included the motion to quash the subpoena to GoDaddy; the motion to dismiss the suit as a SLAPP suit; the motion to find me a vexatious litigant; and their motion to dismiss for improper venue and failure to state a claim. At the close of the hearing Brett Kimberlin moved that discovery be stayed, and I offered to stay discovery until 17 October, the Monday after the Walker v. Kimberlin, et al. trial is scheduled to end. The judge order a stay until the 17th.

My requests for default against Almighty Media and Breitbart Unmasked were denied because there is no proof that they are legal entities. Their status is under investigation.

My motion to strike the reference to me as a “serial stalker” and “sexual predator” in the title of one of the Kimberlins’ motions was granted, and the judge warned that such epithets have no place in the proceedings. The Clerk was ordered to redact those words from the online docket and the paper record.

My motion to strike the confidential discovery material from the Frey case that had been included in one of the Kimberlins’ filings was denied. Judge Hecker felt it was the federal courts job to enforce its protective order.

My motion to strike all of the Kimberlins’ improperly signed filings was denied, but the judge ordered the Kimberlins to correct the signature blocks on their filings within 15 days. In line with that ruling, the judge determined that their second answer would be taken as their operative answer if they correct the signature problem.

My motion to compel GoDaddy’s compliance with a subpoena was granted.

The judge said to expect a scheduling order within 30 to 45 days.

So as things stand now, the case continues to go forward against the Kimberlins and Bill Schmalfeldt.

Did I get everything I asked for? No, I didn’t.

Did I get everything I expected? Let me put it like this: Everything proceeded better than I foresaw.

Oh, one more thing … I’d like to thank the Lickspittles who showed up to watch the hearing today. I appreciate their support.

UPDATE—Yes, it’s true that my request for default against Schmalfeldt was denied. As noted above, he has 15 days to file a proper answer.kl201609272125zI wasn’t wearing a tuxedo. Evening wear would not have been appropriate in the court. I wore a navy blue pinstripe suit with a white oxford cloth shirt, medium blue bowtie, black oxford shoes, and dark socks. The Cabin Boy™ was casually attired. The Dread Pro-Se Kimberlin wore a rumpled suit, a white shirt with no tie, a white socks.

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