Team Kimberlin has waged most of its lawfare pro se, that is, without the assistance of a lawyer. There has been one exception, LOLsuit VII: Degenerations. In that case, the court assigned a lawyer to assist The Dreadful Pro-Se Schmalfeldt. Three years ago today, this Pro Bonehead Legal LULZ Du Jour dealt with some of the Cabin Boy’s™ whining after his loss in that LOLsuit.
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By now, the Gentle Reader may have noticed that the Cabin Boy™ is prone to making outlandishly asinine statements, e.g.—The Dreadful
Pro-Se Freeloader Schmalfeldt’s lawyer was “recruited” by the U.S. District Court for the District of Northern Illinois to represent Bill Schmalfeldt. He is not doing so voluntarily, but under the order of the court.
Patrick Ostronic’s representation of me (and Ali Akbar, Stacy McCain, and Aaron Walker at various stages of the first case) in a couple of lawsuits filed by Brett Kimberlin was purely voluntary. He learned about the Popehat signal going up because of the Kimberlin v. Walker, et al. lawsuit while reading Instapundit, read Ken White’s post, and decided to represent me. I’m thankful that Ken White and Glenn Reynolds helped by publicizing the first Kimberlin case, and I’m especially grateful for Patrick Ostronic, his commitment to the First Amendment, and his pro bono representation of me in two of the four lawsuits The Dread Pro-Se Kimberlin has filed against me.
In one case, a lawyer read about a situation and volunteered his services to represent a defendant. In the other case, a lawyer was drafted by a court to represent a plaintiff who claimed pauper status while reporting a middle class income. The Gentle Reader may decide for himself if either case involves freeloading.
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Losing losers gotta loose.
One year ago today, I posted some LOLsuit VIII News.
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I just received a phone call from Louis Nettles, the pro bono lawyer representing my codefendants and me in Schmalfeldt v. Grady, et al. LOLsuit VIII: Avoiding Contact. He informs me that the Magistrate Judge has recommended that the suit be dismissed. I haven’t read the recommendation yet, and I will not have any comment on it until I have read it and discussed it fully with our counsel.
I will post a copy of the recommendation later this evening.
UPDATE—Here’s the Magistrate’s Recommendation.
The Recommendation speaks for itself. I don’t intend to make any public comment about it except through counsel until the judge rules on our motion to dismiss.
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And so The Dreadful Pro-Se Schmalfeldt has been out of the LOLsuit business for a year. He’s tried his hand an other pursuits and been equally successful with them.
Karma is a bitch.
Our year’s end review of Team Kimberlin news has reached September, a month where several things were decided.
First, the Cabin Boy’s™ free lawyer voluntarily dismissed LOLsuit VII: Degenerations maintaining The Dreadful Freeloader Schmalfeldt’s perfect record of losing every suit he’s filed.
Next, Judge Mason granted several motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit, leaving only a couple of remaining defendants. (Spoiler Alert: But not for long.)
Finally, there was a motions hearing in the Hoge v. Kimberlin, et al. lawsuit. Several of my motions were granted. William Ferguson was dismissed from the suit, but all of The Dreadful Pro-Se Schmalfeldt’s motions to dismiss were denied. Every single one of the Kimberlin’s pending motions were denied as well, but The Dread Pro-Se Kimberlin’s oral motion to delay discovery was granted when I agreed to it. Discovery was stayed until mid October.
We’ll take a look at October’s news tomorrow.
August was a month full of paperwork and preparing to begin to commence for Team Kimberlin and the targets of its lawfare. The Dreadful Pro-Se Schmalfeldt had filed an In Forma Pauperis petition along with LOLsuit VII: Degenerations, and the court appointed a lawyer to review his case. Spoiler alert: The Dreadful Freeloader Schmalfeldt did not enjoy free representation for very long (and I’ll bet he didn’t enjoy the results of that representation either.)
September was a busy month. Stay tuned.
So the Cabin Boy’s™ LOLsuit VII: Degenerations has been voluntarily dismissed without prejudice. I’ll bet that the Cabin Boy™ thinks that means that he can still file another LOLsuit against Patrick Grady and/or Sarah Palmer alleging the same butthurt again. I’ll also bet that he would be wrong.
IANAL, but I can read a law book. When I read Federal Rule of Civil Procedure 41(a)(1)(B), I find these words concerning the effect of a voluntary dismissal:
But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as a adjudication on the merits.
IIRC, LOLsuit VI: The Undiscovered Krendler targeted both Patrick Grady and Sarah Palmer with claims that overlapped with LOLsuit VII. If I’m understanding FRCP 41 correctly, my characterization of “really most sincerely dead” applies to LOLsuit VII. With an adjudication on the merits res judicata should now apply.
Actually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).
The Cabin Boy™ really is giving The Dread Pro-Se Kimberlin a real contest for the title of World’s Worst Pro-Se Litigant™.
Everything is proceeding as I have foreseen.
Not only is it merely dead, it’s really most sincerely dead—
Perhaps the Cabin Boy™ is referring to this—