Prevarication Du Jour

The Dread Pro-Se Kimberlin is seeking a preliminary injunction in the Maryland Kimberlin v. Walker, et al. nuisance lawsuit which would require us defendants to take down every post since 7 July, 2013, that mentions him. We defendants have filed oppositions to his motion, and TDPK has filed his reply to our oppositions. In his reply he cites comments on this blog as proof that the defendants are inciting violence against him.BKvAW2013Reply2PIOpp-3So there you have it. Comments on this blog are as intimidating as burning a cross on someone’s front lawn.

Acme Law at its finest.

BTW, you can help my codefendants and me fight TDPK’s attack on our First Amendment rights. Go to Bomber Sues Blogger to find out how.

Mystery Author

One of the great legal victories about which Bill Schmalfeldt brags is the denial of Aaron Walker’s petition for a peace order back in March, 2013. The petition was filed on Friday, 1 March, and a temporary order was issued. Early the next week, a motion to dismiss was filed. The hearing for final order was scheduled on 8 March, but because of death of Schmalfeldt’s mother, the case was continued for two weeks. During the brief hearing on the 8th, the judge mentioned the motion to dismiss which came as surprise to Aaron Walker, who had not been served a copy, and to Schmalfeldt’s lawyer Tae Kim, who had no knowledge of it.

So who wrote that motion? The Cabin Boy? Or someone else?

I’m Not Making This Up, You Know

The Gentle Readers who have been following The Saga of the Dread Pirate Kimberlin know that he has been filing frivolous and vexatious lawsuits of late. I’m a defendant in a couple of them. Today, the postman brought me a certified mail package with the amended complaint in the Maryland Kimberlin v. Walker, et al. suit.

The package also contained a properly signed Notice of a Lawsuit and Request to Waive Service of a Summons in the federal RICO Kimberlin v. The Universe, et al. case which allows 60 days for a response. In addition, the package contained a document which purports to be a copy of the amended complaint but is not the same as the amended complaint shown as Item 2 in the case docket on PACER. The one shown on PACER bears the receipt stamp of the Clerk of the Court, so I assume that what I have received is not a true copy of the complaint.

I will have no further comment on this matter until I have consulted further with counsel.

Team Kimberlin Post of the Day

Last Wednesday, Brett Kimberlin handed me a copy of  the original complaint he filed in his Kimberlin v. The Universe, et al. RICO lawsuit. According to Rule 4 of the Federal Rules of Civil Procedure, that was not legal service of the complaint or the “summons” which came with it.

(c) Service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

Also, the “summons” that accompanied the complaint was defective on its face.

The first sheet is the notice of the suit. It does not have the case number on it. Neither does the summons. Also, Kimberlin had given me zero days out of a minimum of thirty to reply to the waiver for service, and it’s dated the day before he handed it to me.

The summons itself is not signed by the Clerk of the Court, so it’s not valid.

What this boils down to is that I haven’t been served with the suit because the wrong person handed me unfinished paperwork.

Durum hoc est sed ita lex scripta est.

Fail.

Prevarication Du Jour

Bill Schmalfeldt has more of what seems to be terminal confusion about the difference between civil and criminal court cases on display.ftrrnews201310162253ZActually, I don’t think the “RICO charges” will vanish because I don’t think that any such charges will ever exist. Being named in a civil suit is not the same thing as being charged with a crime.

Brett Kimberlin has filed a complaint in a U. S. District Court which alleges that a group of individuals and organizations conspired against him in a way that constituted a racketeering enterprise as defined under 18 USC 1961, et seq. As Ken White has noted, being named in a RICO suit by a pro se litigant is generally about as damning as being accused of a RICO violation by a street person who is off his meds.

Gentle Reader, take a look at one of the consequences of my being named as a defendant in Brett Kimberlin’s lawsuit. Yesterday, the traffic here at Hogewash! went through the roof. It was the biggest day I’ve ever had other than a couple of Instalanches. OK, part of that had to do with Bill Schmalfeldt’s losing in court, but traffic was twice what I was expecting from that. My best guess is that new readers were clicking in to find out about this William Hoge guy who has been bundled with the likes of Glenn Beck, Erick Erickson, and Michelle Malkin.

Yes, I will have to spend some time and a trivial amount of money getting the suit thrown out, but I may charge those costs to the advertising budget. It may be the best shot of publicity this blog has ever had.

UPDATE—The Cabin Boy has been contacting defendants in the RICO nonsense to get “your side of the story.” Stacy McCain gives him an earful.