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.

Team Kimberlin Post of the Day


There’s a motions hearing scheduled in the Hoge v. Kimberlin, et al. lawsuit Tuesday morning. There are a bunch of motions from the defendants: one from William Ferguson, two from Bill Schmalfeldt, and four from the Brett and/or Tetyana Kimberlin. I have ten motions pending, five of which are requests for default against Brett Kimberlin, Tetyana Kimberlin, Bill Schmalfeldt, Almighty Media, and Breitbart Unmasked. Another of my motions seeks alternate service on Matt Osborne. The rest mostly deal with responding to to motions from the defendants.

If blogging is a bit slow today, it will be because I’ll be preparing for tomorrow.

The Panic Is Pretty Obvious


Dave Alexander has a post over at The Artisan Craft Blog debunking a recent bit of defamation against Mr. and Mrs. Aaron Walker that appeared with the Cabin Boy’s™ byline over at Breitbart Unmasked Bunny Boy Unread. (No, I won’t link to it, and maybe we should find a new name for that site since it appears that Bunny Boy has bailed.)

Among the deficiencies Dave calls out is the use of a crudely forged document that is supposedly from the Philippines National Bureau of Investigation.

We’ve learned a few things here:

Bill Schmalfeldt was able to obtain a clean, digital copy of a Phillipine NBI report.  Not a scanned photocopy.  Clean.
The Philippine National Bureau of Investigation uses a really artsy font, though they type in all caps.
There is something called an INTERNATIONAL COMPUTER FILE. You can put rape victim’s names in it.  It’s a true thing.
The Philippines National Bureau of Investigation writes in broken English. They can’t spell target.
Apparently the NBI also tracks victims really closely.
If you use the words “…this document purports to be…” then it’s probably accurate.  No. Totally accurate.
If someone is reportedly aware of a document or a lie, and to our knowledge they have never disavowed it’s authenticity, then that really, really proves it’s true.

I’ll also add that the NBI probably doesn’t keep many of its internal documents in English. I suspect that almost all of them are in Filipino, the dialect of Tagalog that is the official national language.

Of course, the Cabin Boy’s™ actual source of the document was most likely Brett Kimberlin. The Dread Pro-Se Kimberlin included a copy of the forged document in his response to one of the requests for production of documents in the Walker v. Kimberlin, et al. lawsuit. Now, that lawsuit is principally about whether Brett and Tetyana Kimberlin filed false criminal charges against Aaron in 2013 and 2015 for harassing Brett (2013) and Tetyana’s daughter (2015). It’s obvious that an false tale about something happening to Mrs. Walker years earlier would have no bearing on whether the Kimberlin’s actually filed Applications for Statement of Charges that falsely accused Aaron of crimes.

However, the lawsuit also seeks an injunction against Brett Kimberlin to keep him from further harassment and stalking of the Walkers and their extended families, and Mrs. Walker is a witness to TDPK’s stalking of her on 1 March, 2013. Publishing a story such the piece the Cabin Boy™ has written certainly has the look and feel of an attempt to intimidate a witness.

The Kimberlin’s inadvertently told the truth when they said that they had no witnesses or evidence to support their defense in the Walker v. Kimberlin, et al. case. As a resolution to the case comes nearer, their panic is driving them to make ever more foolish mistakes.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Cabin Boy™ was editor of Breitbart Unmasked for while before 57F Osborne took over and turned it into Bunny Boy Unread. The site is backed up all the way to a 21 February, 2012 post by The Watchful Avenge called THE OCCUPY UNMASKED LIE. That post is still available on the Breitbart Unmasked Bunny Boy Unread website, but a significant number of posts from the Cabin Boy™ era have been memory-holed. For example, these posts from the last month before Schmalfeldt was fired have been spoliated—

13 Jul WHEN DID FRANZ KAFKA START WRITING MY LIFE’S STORY?
13 Jul JOGGING HOGE’S MEMORY
13 Jul EXPLAINING WHY HOGE IS WRONG ABOUT THE LAW
13 Jul HOGE SEEMS TO BE HAVING A CRISIS OF SPIRIT
14 Jul HOGE’S CRISIS PASSES, WAR CONTINUES
14 Jul CHRIST’S ADMONITION TO HYPOCRITES LIKE HOGE, WALKER AND THEIR SUPPORTERS
16 Jul DESTROYING BRETT KIMBERLIN’S FAMILY
27 Jul HOW LOW CAN YOU GO?
28 Jul 5,000 WORDS OF HATE FROM R. STACY MCCAIN
6 Aug HONESTLY, POPEHAT. I’M BLUSHING OVER HERE
10 Aug ALI AKBAR ANNOUNCES NEWEST PARTNER OF PUNDIT SYNDICATION, LLC—WJJ HOGE

Of course, these are all backed up both online and offline. So has essentially everything that has been posted to the site.

When one buys pixels by the terabyte, a few gigabytes don’t even amount to pocket change.