All of Team Kimberlin’s LOLsuit have had at least one obvious fatal error which was not noticed before it was filed. The TKPOTD for five years ago today noted one problem with Bill Schmalfeldt’s LOLsuit VIII: Avoiding Contact.
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Now that LOLsuit VIII: Avoiding Contact is out in the wild, I’m going to make some general comments over the next few days about how mind-bogglingly stupid the Cabin Boy’s™ Complaint is.
It’s clear that he didn’t bother to do much research while he slapped his suit together. For example, Count II is based on the South Carolina criminal defamation statute S.C. Code Ann. § 16-7-150. The U. S. District Court for the District of South Carolina has ruled that law unconstitutional. Fitts v. Kolb, 779 F.Supp. 1502 (D.S.C. 1991).
The Cabin Boy™ is suing my codefendants and me in the U. S. District Court for the District of South Carolina.
UPDATE—IANAL, so this isn’t legal advice, but murum aries attigit.
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As requested in his motion, the case was dismissed with prejudice. Dismissal with prejudice is a finding on the merits in favor of the opposing parti(ies). In effect, Bill Schmalfeldt admitted that he was not defamed by his cousin Roy who called Bill a rapist.
The Gentle Reader should take note that does not necessarily mean the Bill Schmalfeldt is in fact a rapist. Under the elements of defamation, Schmalfeldt could might have a reputation that is so bad that calling him a rapist can tarnish it any further.
The LOLsuits filed by Team Kimberlin have been a pain in the neck (or a couple of feet lower), but the amazing errors they’ve contain have also been a rich source of pointage, laughery, and mockification. This post from seven years ago today, Well, Either One’s a Genius, was about one such error.
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Oliver Wendell Who?UPDATE—There’s a brief bio of Jones here.
The support I’ve received from the Gentle Readers during the lawfare with Team Kimberlin has been most gratifying. Four years ago today, there was a show cause hearing for Bill Schmalfeldt which he did not attend (a very unwise move) but which was attended by several of the Gentle Readers. The crowd was sufficiently large that I had to post this Logistical Note.
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The after-court luncheon is at the steak place. If you need directions, ask Roy.
I gave away my core strategy for dealing with Team Kimberlin’s LOLsuit in then TKPOTD that ran six years ago today.
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We had a bit of concern trolling in the comment section over the last couple of days with lots of advice on how I should deal with various legal matters. I believe I will stick with the advice I’ve been given by real world lawyers.
OTOH, I suppose I can let the Gentle Readers (and the Team Kimberlin lurkers) in on the basic principle of my strategy: winning.
Meanwhile, everything is pro … oh, you know the rest.
As the TKPOTD for four years ago today shows, one of the reasons that Team Kimberlin’s LOLsuits have all failed is that they’ve been exercise in pushing back twice one-tenth as hard.
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When the Cabin Boy™ went forum shopping for LOLsuit VIII: Avoiding Contact, he did a mind-bogglingly poor job of selecting the venue. We defendants in his multiple LOLsuits have been trying to get the courts to treat him as a vexatious litigant and to require that his cases be prescreened by a Magistrate Judge before summonses are issued. He’s filed LOLsuit VIII in the U.S. District Court for the District of South Carolina, a court that requires all pro se plaintiff’s cases be prescreened. So by his inept selection of a forum, The Dreadful Pro-Se Schmalfeldt has effectively granted one of the forms of relief we defendants have been seeking for the past three years.
He’s not off to a very good start with LOLsuit VIII, and I suspect it will downhill all the way for him, which brings up these two comments—
Heh, and everything is proceeding as I have foreseen.
Oh, one more thing …. it’s T-minus 1 day and counting in the Hoge v. Kimberlin, et al. lawsuit.
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OTOH, they do have a perfect batting average—0.000.
This is kinda like watching a cat trying to cover things up on a marble floor.The Gentle Reader can check the previous PDJ and verify that I did not write that I have not received the Cabin Boy’s™ address. I made no statement as to whether he had yet provided his correct address.
For the record, my google-fu was sufficient to determine that he had given a false address to the court, to locate the extended-stay hotel he was probably moving into, and to use the hotel’s website to determine the correct address—and I did so within minutes of returning from the Post Office after the automated kiosk I use for late night mailings gagged on the address he had given. I was able to verify the address I found online when the Cabin Boy™ finally sent me some mail with a correct return address.
Gentle Reader, who has lied?
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I’m not sure which is worse—his reading comprehension or his story telling.
For some reason, the Cabin Boy™ is tweeting that he gave his new address to the Circuit Court during the hearing on 5 May. He gave an address, but it was not correct. According to the notes taken by the clerk, he gave the wrong street name and the wrong street number. My notes agree with the clerk’s, and I have used that address for service of court papers. So has the court. It will be interesting to see if the USPS can suss out how to deliver that mail to the Cabin Boy™.
Also, my notes from the hearing do not record the Cabin Boy™ giving the name of the extended-stay hotel that is located at the return address on the mail he sent me last week. He did tell the court on the day of the hearing that he was “in transit” and staying in a Motel 6, but he did not divulge even the type of accommodations to which he intended to move.
Schmalfeldt may want to dust off that letter he sent to Judge Grimm in 2014.Of course, the Cabin Boy’s™ recent activities may mean that he’ll have to modify his pitch somewhat, but given his behavior over the last couple of weeks, the judge might buy the bit about dementia.
UPDATE—Before the Cabin Boy™ spools up for one of his famous Feltdowns on the Twitterz, he should go to the Maryland Judiciary Case Search website and check the address the court has on file for him.
The original reason I started writing about Brett Kimberlin and his minions and enablers was reporting on an unconstitutional gag order that had been issued as part of a peace order he had obtained against Aaron Walker. The gag order was overturned on appeal, and the peace order was denied during a de novo trial in a higher court. Indeed, all of the peace order petitions filed by Kimberlin and his PR flack Bill Schmalfeldt against people reporting on their activities were denied.
OTOH, one peace order sought against Brett Kimberlin was granted, and two peace orders I sought against Bill Schmalfeldt were granted as well.
Schmalfeldt appealed the first peace order and its extension. This post, In Re Schmalfeldt v. Hoge 2, was posted seven years ago today.
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Petition Docket No. 29 for the September, 2014, term of the Maryland Court of Appeals is Schmalfeldt v. Hoge, the Cabin Boy’s™ appeal of the extension of the peace order in place against him. His appeal paperwork (such as it is) is shown below. A respondent is allowed 15 days in which to answer a petition for a writ of certiorari. That time begins running either when the petition is completely filed (with any supplement) or, if no supplement is filed, when the time allowed for its filing runs out. The Cabin Boy’s™ time ran out yesterday without his filing a supplement, so I have until 13 May to file my answer.
I went by the Clerk’s Office at the Court of Appeals to see what he had actually filed. Since he has not raised any new issues of law and since the Court denied his petition for certiorari the last time around, I see no reason to file anything further. I doubt the Court will change its mind about the validity of Schmalfeldt’s legal arguments. There’s always the chance that they might, but the odds are small. Even if they grant his petition, all that means is that he has permission to appeal, not that he has won.
First, the Gentle Reader should note that the Cabin Boy™ is only appealing the extension of the peace order. Even if he were to win his appeal, the original order would still stand, so he will be an adjudicated harasser regardless.
Second, a peace order is a civil proceeding. Maryland’s expungement statute applies only to criminal proceedings. Thus, peace orders cannot be expunged.
UPDATE—Fixed a typo. 13 April should read 13 May.
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It turned out there wasn’t any reason to file a response. The Court of Appeals denied the petition for certiorari.
While I was the first, I wasn’t the last person to have some sort of protective order issued against Schmalfeldt. He wound up with at least a dozen such orders issued in at least five states. One was issued to protect a toddler.
Team Kimberlin’s level of incompetence has been so high that they can’t get some of the most important lies in their narrative straight. The TKPOTD for four years ago today dealt with their lack of coordination on who to accuse of being Paul Krendler.
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The Cabin Boy™ and The Dread Pro-Se Kimberlin need to get their stories straight. The Cabin Boy™ still clings to his belief that Patrick Grady is the anonymous blogger Paul Krendler. This is from his LOLsuit VII: Degenerations.
TDPK is still hanging on to the idea that I’m Paul Krendler. This is from the false Application for Statement of Charges that Tetyana Kimberlin filed against me in 2015. It’s in Brett Kimberlin’s handwriting.They can’t both be right, but they can both be wrong.
Yesterday, we took a look at a post about a perjured declaration by Brett Kimberlin that Bill Schmalfeldt included as an exhibit in a motion to have Aaron Walker disqualified as the counsel for the defendants in LOLsuit VI: The Undiscovered Krendler. Today, we’ll take a look at another exhibit from that motion, This post, The Sixth Nonsense, first ran five years ago today.
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We’ve made it to the last installment of our review of the exhibits The Dreadful Pro-Se Schmalfeldt has included with his motion to have Aaron Walker disqualified as defense counsel in LOLsuit VI: The Undiscovered Krendler. The review of Exhibit 1 is here. Exhibits 2 and 3 are considered here. The post looking at Exhibit 4 is here. Fit the Fifth is here.
Exhibit 6 consists of newspaper clippings which the Cabin Boy™ imagines prove that Brett Kimberlin isn’t a terrorist.
The first two deal with reports for what appear to be two of the three trials for the Speedway Bombings. Rather than support the Cabin Boy’s™ argument, they support the view that Kimberlin is a terrorist in the everyday, common use of the term. Moreover, they do nothing to change the fact that Kimberlin sued claiming that Aaron Walker defamed him by calling him a terrorist, and Kimberlin lost that suit in 2014. Kimberlin brought up the same claim again in the RICO Retread LOLsuit, and he’s lost on that claim against every defendant whose motion to dismiss has been decided. So that question is settled as far as the law is concerned. It is not defamation to call Brett Kimberlin a terrorist.
There’s also a clipping of a obituary for Carl DeLong. The Supreme Court of Indiana ruled that Kimberlin was responsible for the wrongful death of Carl DeLong. There’s nothing in that clipping that voids the court’s finding.
Bill Schmalfeldt’s ill-conceived motion and risible exhibits are Acme Legal’s work at its shining best. He says he’s filed them. OK. Now, we wait for the anvil to drop.
I’ll post the memorandum of law in support of the motion and a couple of other motions later this evening. If the Cabin Boy™ wants to see what he’s up against sooner than that, he can download the filings from PACER for ten cents a page.
UPDATE—It seems that the Cabin Boy™ no longer views his reach via Twitter or any of his blogs as sufficient to get his message out, and he is resorting mooching bandwidth by commenting here at Hogewash!. His comments will be moderated and let through at my convenience.
UPDATE 2—Oh, one more thing … The Cabin Boy™ won’t be able to delete any comment he makes here, and even if the site were to go down, his comments are backed up offline as they are received.
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Among the many comments the Cabin Boy™ left at Hogewash! that day, this one was probably the most insightful—
Of course, he didn’t have the good sense to follow his own advice.
The blogging here at Hogewash! four years ago today included this Footnote Du Jour.
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The Gentle Reader may wish to take note that the Cabin Boy™ has not denied that the reason he continues to make such outlandishly false statements is that he is purposely trying to destroy his own credibility in an attempt to create a defense to defamation claims based on the proposition that his statements can’t cause damage because no one believes him.
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Certainly, none of the courts where Bill Schmalfeldt ever filed a LOLsuit put much stock in what he told them. As one judge put it: “… Plaintiff provides no proof other than his own self-serving statements …”
Does he think he’s better off today than before he got involved with Team Kimberlin?
Team Kimberlin’s lawfare campaigns were generally waged on two front, one associated with The Dread Deadbeat Pro-Se Kimberlin, the other with The Dreadful Pro-Se Bill Schmalfeldt. The TKPOTD from five years ago today was a summary of Schmalfeldt’s failures as of that date.
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The Dreadful Pro-Se Schmalfeldt has spent quite a bit of time explaining to his reader about how he was going to drag various out-of-state defendants into court, first in Maryland and now in Wisconsin. How’s that worked out for him?
Not so well.
He wasn’t able to drag Stacy McCain, Nancy Gilly, Paul Lemmen, Bettina Haper, Chris Heather, Kyle Kieran, Kimberly Dykes, Stephen Shekio, or Paul Krendler into Maryland for LOLsuit I. He couldn’t even get me, a Maryland resident, into court for that one because he threw in the towel after only two days.
I was able to get him into court and and an alternate dispute resolution meeting for LOLsuit II. That case settled with my giving him nothing of the $3,000,000 counterclaim he filed and his agreeing to take down his material that infringed my copyrights.
He didn’t get to drag Eric Johnson, Paul Krendler, or Howard Earl into Maryland for LOLsuit III after the case was dismissed because he filed it in the wrong court.
He didn’t get to drag the same three out-of-state defendants into Maryland for LOLsuit IV because he failed to establish personal jurisdiction over them. That resulted in the case being thrown out against me because he had brought it in the wrong court again.
He didn’t get to drag Patrick Grady, Scott Hinckley, David Edgren, Roy Schmalfeldt, “Grace,” “Ashterah,” or Howard Earl into Maryland with LOLsuit V. He ran away rather than press his case.
Now, he thinks he’s going to drag folks to Wisconsin for LOLsuit VI. I seriously doubt that Patrick Grady, Eric Johnson, Sarah Palmer, Dianna Deely, the William G. Irwin Charitable Foundation, Nancy Gilly, Techno Jinxx, MJ, Roy Schmalfeldt, Vigilant Vindex, Pablo, Neal. N. Bob, The Other Latin F*cker, Perry Mason, Howard Earl, A.B., Tao, Jane, Grace, Dr_Mike, Katie Scarlet, Rob Crawford, the 13th Duke of Wymborne, Kobyashi [sic] Maru, AJ Fornicarious Hoc, JeffM, Gus Bailey, or Colonel Victor Trollpoker will ever have to see the inside of a Wisconsin courtroom on the Cabin Boy’s™ terms.
OTOH, the Cabin Boy’s™ presence has been required by Scott Hinckley in Massachusetts and Lynn Thomas in Illinois, and his failures to appear resulted in courts ruling against him. He’s making noises about going to North Carolina next week, but I wouldn’t bet on it. Cowardly cowards gotta cower.
Meanwhile, he has his pro se fantasies to indulge. It will be interesting to see how he reacts when [redacted].
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The Cabin Boy™ also filed LOLsuits VII and VIII.
In VII he was unable to drag a defendant from Illinois into an Illinois courtroom—although he did have to drag himself to a court imposed conference with a lawyer appointed by the court. After a quick review the lawyer filed to dismiss that case.
In LOLsuit VIII the Cabin Boy was unable to drag me and my out-of-state codefendant to South Carolina when that case was dismissed for improper venue.
UPDATE—It’s one thing to have FUN pointing and laughing at Cabin Boy’s™ stupidity. It’s something else to offer comments that educate him on how to amend his complaint. Please don’t educate the Blob. Otherwise, I will have to shut down comments on this post.
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When Brett Kimberlin filed the first RICO Madness LOLsuit, he screwed up the listing of defendants in the caption of the complaint, and there was quite a bit of curfuffle over a forged summons before The Dread Deadbeat Pro-Se Kimberlin was finally able to add the missing defendant. The Cabin Boy™ was headed down a similar path with LOLsuit VI. Paragraph 41 in the body of the complaint refers to me as a defendant, but I’m not listed in the caption, resulting in a bit of pointage, laughery, and mockification until the complaint was amended.
Day by day, people sue or are sued, sometimes justly, sometimes not. In the case of each of the LOLsuit filed by Team Kimberlin, justice prevailed when the law was enforced and the their cases went down in flames. Seven years ago today, fairly early in the whole process, I tried to warn them that they were doomed, but they refused to pay attention to the Civics Lesson.
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We have three branches of government in the State of Maryland. The Legislative Branch makes the laws. The Executive Branch carries out the laws. The Judicial Branch decides cases and interprets the laws.
The Attorney General is part of the Executive Branch. He offers advice to the Legislature and to the various departments of the Executive Branch, and he represents the State before the Court of Special Appeal, the Court of Appeals, and the federal courts. He does not decide the meaning of laws.
The Judicial Branch does that.
So the Legislature may have an opinion about what they intended a law to do, and the Attorney General may offer his opinion as well, but the courts have the final say about the meaning of laws.
There is a pecking order among the courts. Here in Maryland, the District Courts are on the bottom rung. The next step up is the Circuit Courts. These are the courts that are the usual triers of fact. The Court of Special Appeals is the first level appellate court in the state. The Court of Appeals is the higher appellate court. It’s word is final on state law. The only court above it is the Supreme Court of the United States and only for federal issues.
So how do the U. S. District Court for the District of Maryland and the U. S. Circuit Court of Appeals for the Fourth Circuit fit in? They are in a parallel judicial system. Of course, their rulings are binding on any state court with respect to federal issues, but federal issues only. Thus, how the U. S. District Court ruled on a federal law might provide guidance to a state court on a related issue, but the ruling would not be binding per se with respect to a case relating only to state law.
So relying on a legislative memo or report or on an Attorney General’s opinion at odds with a Circuit Court’s ruling that the Court of Appeals has refused to review is, shall we say, risky. Relying on federal court decision which the Circuit Court has ruled inapplicable when the Court of Appeals has refused to review the Circuit Court’s ruling is similarly unwise.
Here endeth the lesson.
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Every one of Brett Kimberlin’s brass knuckles reputation management LOLsuits failed. Every claim he made was either dismissed, thrown out at summary judgment, or a judge found against him at trial. He lost every appeal. He’s pro se legal machinations became the stuff of jokes. This is from six years ago yesterday at Instapundt—
The TKPOTD for four years ago today gave an accounting of Team Kimberlin’s LOLsiuits as of that date.
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All of these cases have some things in common:
Kimberlin v. Walker, et al.; Kimberlin v. National Bloggers Club, et al. (I) (aka RICO Madness); Kimberlin v. National Bloggers Club, et al. (II) (aka RICO Retread); Kimberlin v. Hunton & Williams LLP, et al. (I) (aka RICO 2: Electric Boogaloo); Kimberlin v. Hunton & Williams LLP, et al. (II) (aka RICO 2 Retread); Schmalfeldt v. Hoge, et al. (I) (aka LOLsuit I); Hoge v. Schmalfeldt counterclaims (aka LOLsuit II); Schmalfeldt v. Johnson, et al. (aka LOLsuit III); Schmalfeldt v. Hoge, et al. (II) (aka LOLsuit IV); Schmalfeldt v. Grady, et al. (I) (aka LOLsuit V); Schmalfeldt v. Grady, et al. (II) (aka LOLsuit VI); and Schmalfeldt v. Grady, et al. (III) (aka LOLsuit VII).
Each was accompanied by great forecasts of doom for the defendants. Every time any motion or ruling went in the favor of the plaintiff, there were expansive claims made concerning the expected victory by the plaintiff. And the defendants won every single one of ’em.
Everything is proceeding as I have foreseen.
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We can add Kimberlin v. Breitbart Holdings, et al. (aka RICO 2), Kimberlin v. McConnell, et al. (aka Supreme Nonsense), and Schmalfeldt v. Grady, et al. (IV) (aka LOLsuit VIII: Avoiding Contact) to the win column for defendants.
Meanwhile, no one over at the It’s Time 2020 operation seems to have noticed any significant news relating to the November election. As of 8 pm Sunday evening, there have been no new tweet from the @itstime_2020 account since 15 September, and there doesn’t seem to be anything posted on the itstime2020 dot org website after 28 August.
We’ve recently been looking at some of Bill Schmalfeldt’s failed attempts to use the Team Kimberlin formula of pro se LOLsuits to harass people who have written truthfully about him and his activities. This Legal LULZ Du Jour from four years ago today dealt with some of The Dreadful Pro-Se Schmalfeldt’s posturing before he filed his LOLsuit VII: Degenerations.
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I sincerely doubt that the Cabin Boy™ will ever see Sarah Palmer in Chicago. He has failed to [redacted]. Furthermore, Wisconsin [redacted], whereas Illinois [redacted]. So it’s much more likely that The Dreadful Pro-Se Schmalfeldt should be making reservations for travel to North Carolina. Considering how far the relevant federal courthouse is from a decent airport, he might want to check with Greyhound.
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The U. S. District Court in Chicago took one look at the complaint Schmalfeldt file in LOLsuit VIII and assigned a lawyer to review it. After meeting with Schmalfeldt, the lawyer quickly dismissed the suit.
It turned out that the Cabin Boy™ did wind up meeting Sarah Palmer in a courtroom. In North Carolina. As the respondent in a hearing for a restraining order. That was granted.
Have I mentioned that things related to Bill Schmalfeldt almost always proceed as I foresee?
One of the world’s best examples of the Dunning-Kruger effect is Bill Schmalfeldt’s overestimation of his understanding of law and legal principles. This Prevarication Du Jour from three years ago today deals with one of his mistakes during LOLsuit VIII: Avoiding Contact.
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For the record, Aaron Walker has only represented me in court in The Dread Pro-Se Kimberlin’s appeal of the RICO 2: Electric Boogaloo LOLsuit in the Fourth Circuit Court of Appeal. Aaron won that appeal for me and also an award of sanctions against Kimberlin for filing his frivolous appeal against me.
Aaron is not a member of the state bar in South Carolina or the bar of the U. S. District Court down there. Any counsel I have engaged or might engage already is a member of the bar of that District Court.
Aaron has never written any court paper for me that he did not sign as my counsel. Any statement to the contrary is false, has no evidentiary basis, and might be the basis of a counterclaim in LOLsuit VIII: Avoiding Contact.
Nothing is proceeding as the Cabin Boy™ has hallucinated.
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LOLsuit VIII was The Dreadful Pro-Se Schmalfeldt’s last LOLsuit so far. The thrashing he received was sufficient to prevent him from any further legal LULZ for a couple of years. Recently, he’s got himself in a copyright mess, and he’s been making noises about another LOLsuit.
July seems fo be bogus subpoena month for Team Kimberlin. Here are a pair of posts about subpoenas requests made during a couple of their LOLsuits. The first is the TKPOTD from five years ago today and deals with The Dread Deadbeat Pro-Se Kimberlin’s RICO Remnant LOLsuit. The second is a Legal LULZ Du Jour from three years ago today. It deals with The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact.
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The Dread Pro-Se Kimberlin is scurrying about trying to put together a case against Patterico to keep the remnant of the RICO Madness LOLsuit alive. He’s asked the court to issue these subpoenas.
I may have more to say about this in a day or two.
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This is what the U. S. District Court for the District of South Carolina Information on Representing Yourself in a Civil Action says about subpoenas on page 16—
Notice to Other Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.
—Federal Rule of Civil Procedure 45(a)(4)
So The Dreadful Pro-Se Schmalfeldt won’t get any subpoenas issued until after the Court has granted a motion allowing them (a motion that would likely be opposed), and if he gets any subpoenas, he can’t serve them until he has served a copy on each defendant.
Nothing is likely to proceed as the Cabin Boy™ has hallucinated.
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The U. S. District Court for the District of Maryland never issued those subpoena Brett Kimberlin sought. However, it did issue a subsequent one directed to me, but Kimberlin never properly served it. I could have blown it off, but in an effort to avoid further hassles, I responded with all of the relevant information I had. Because nothing I provided was helpful to his case, TDPK filed a motion to have me sanctioned by the court. That motion died when Paterico won the case.
The U. S. District Court for the District of South Carolina never issued any of the subpoenas in Bill Schmalfeldt’s LOLsuit VIII because he never complied with the court’s rules regarding pro se subpoenas.
In both cases everything wound up proceeding as I had foreseen.
Being in the crosshairs of Team Kimberlin’s campaign of lawfare has had its ups and downs. The TKPOTD from four years ago today chronicled one of the better weeks, the first week of May, 2016.
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O. K., let’s review this past week.
On Monday, we found out that The Dread Pro-Se Kimberlin had filed a notice of appeal with the Fourth Circuit Court of Appeals in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit and that he had filed a RICO 2 Retread LOLsuit for his federally dismissed state law claims in the Circuit Court for Montgomery County. Also, the MoCo Circuit Court sent TDPK a Rule 2-507 letter informing him that he had 30 days to explain why the first RICO Retread case shouldn’t be dismissed against the National Bloggers Club, Ali Akbar, and Patrick Frey for failure to serve them with a summons and complaint. And Judge Hazel denied Kimberlin’s motions for relief from judgment and stay of judgment in the RICO 2 LOLsuit. The week was off to a good start, and to top Monday off, I filed a request for fresh summonses for Brett and Tetyana Kimberlin and Matt Osborne who have been evading service of process in the Hoge v. Kimberlin, et al. lawsuit.
Tuesday was a quiet day, but I did retain counsel to represent me in the Fourth Circuit just in case TDPK includes me in his appeal of the RICO 2 LOLsuit.
Wednesday, the joint reply from the defendants to the Cabin Boy’s™ opposition to their motion to dismiss his LOLsuit VI: The Undiscovered Krender was filed, pointing out how Schmalfeldt utterly failed to address the points made in their motion. Also, the Cabin Boy’s™ reply to my opposition to his motion to dismiss appeared on the docket in the Hoge v. Kimberlin, et al. case. It concludes with a stunning run on sentence—which leads me to offer the following prize. I will send a Murum Aries Attigit coffee cup to the first person who sends me a graph showing that sentence properly diagrammed. Use the email address on the DMCA Contact page. Void where prohibited. Your mileage may vary.
Thursday … ah, Thursday, a day to be savored! There was a hearing before Judge Mason on a couple of motions in the Walker v. Kimberlin, et al. lawsuit. The first was the Kimberlins motion for summary judgment. Of course, it failed. There were material facts in dispute, so a summary judgment was not appropriate. The second was Aaron Walker’s motion for a default judgment because the Kimberlins had failed to answer his complaint in a timely manner. That motion was granted—mostly. The judge has stayed issuing his order until close of business next Friday. It may be that there’s nothing left for this case except for a hearing on damages. Also, the Kimberlins were personally served with the summons and complaint for the Hoge v. Kimberlin, et al. suit. Finally, I confirmed that I am not named as a defendant in the RICO 2 Retread LOLsuit, but I did receive notice from the Fourth Circuit of TDPK’s appeal. We shall see if he’s stupid enough to name me as an appellee.
On Friday, these were filed with the Circuit Court for Carroll County—
Ridicule has been a prime weapon in the pushback against Team Kimberlin’s attempt to silence their critics. This post about Team Lickspittle and Minions from six years ago today goes into some details about how Team Kimberlin’s attempts to use ridicule backfired and were turned against them.
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min·ion noun \ˈmin-yən\ : a servile dependent, follower, or underling.
Team Lickspittle is not a collection of servile underlings dependent on The Grand Hog. Rather, it is a bit of shameless commerce based on a parody of the Cabin Boy’s™ lame attempt to denigrate a group of commenters here at Hogewash! who fail to suffer his foolishness gladly. It’s an exercise in appropriating one of the Cabin Boy’s™ memes for the opposite purpose he intended. Think of it as intentional infliction of deserved ridicule.
Team Lickspittle is not the only meme Hogewash! has hijacked from Schmalfeldt and his buddies at Team Kimberlin. Blogsmoke and Twittertown Sheriff were originally part of an attempted put down by Xenophon in a post at Breitbart Unmasked. Blogsmoke, Blognet, and Johnny Atsign are my response. They’re also a bit of an old-time radio dig at certain failed Internet radio formats. The Grand Hog was originally a lame bit of snark by the Cabin Boy™. I’m now selling The Grand Hog merchandise at The Hogewash Store. Schmalfeldt cropped my likeness out of a picture taken CPAC this year and used it for a “Big Hoge Is Watching You” image. I responded by using a headshot derived from the same photograph as my avatar on Twitter.
The Cabin Boy™ simply doesn’t get it. He’s never had control of the narrative. I control the vertical and the horizontal, the brightness and the contrast; my hand is on the volume knob. But that control doesn’t come from having a horde of underlings who do my bidding. It comes from the power of having truth on my side.
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The Truth is also an absolute defense to a defamation claim, but neither my codefendants in any of the Team Kimberlin LOLsuits nor I ever had to use it because no evidence was ever presented that we have said or written anything about them that was false.