Team Kimberlin Post of the Day


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.

Q’pala!

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.

Team Kimberlin Post of the Day


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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MU201607151616ZMU201607151618ZI 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?

Team Kimberlin Post of the Day


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.

Stupid is as stupid does.

Team Kimberlin Post of the Day


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.

* * * * *

Wanna bet?

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—

Also—

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.

* * * * *

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.

And both the losers lost.

Team Kimberlin Post of the Day


Through the years, Bill Schmalfeldt has done some mind-bogglingly stupid things. This INMTUYN post from four years ago deals with one of his dumbest.

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I received this email a few minutes ago.

The temptation to engage in PLM concerning this is great, but I’m disabling comments on this post in order to keep from educating the monkey.

* * * * *

It didn’t take the court long to deny the petition.

Comments are on for this repost.

Team Kimberlin Post of the Day


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.

murum_aries_attigit_mugWednesday, 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—

Not a bad week, all in all.

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It turned out that The Dread Deadbeat Pro-Se Kimberlin did include me in his appeal of the RICO 2 LOLsuit, and he wound up being sanctioned for doing so.

I find it satisfying when things proceed as I foresee.

BTW, no one ever sent me a proper diagramming of that sentence (found here). The offer of a coffee cup is still open.

Team Kimberlin Post of the Day


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.

* * * * *

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 has said or written anything about them that was false.

Team Kimberlin Post of the Day


Both Brett Kimberlin and Bill Schmalfeldt have had difficulty properly effecting service of process on all the defendants in their multiple LOLsuits. They have also tried hiding to avoid having court papers served on themselves. When Schmalfeldt fled from Wisconsin to Iowa in 2017, he failed to keep the Carroll County (Maryland) Circuit Court informed of his correct address. It took a bit of work, but he was located. Here’s the TKPOTD from three years ago today.

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Everything is proceeding as I have foreseen.

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BTW, I have the address of the McDonough County Sheriff’s Office on file.

Team Kimberlin Post of the Day


I believe that I’m mentioned before that the members of Team Kimberlin are liars. The odd thing about their lying is their massive incompetence at it. You’d think that anyone with as much practice would eventually learn how to tell a decent whooper. Their lies about their LOLsuits and the in the court papers they filed resulted in an ongoing set of posts titled Prevarication Du Jour. This one ran four years ago today.

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Ahem.RD201603261501ZSo the Cabin Boy™ believes that my characterization of Judge Joseph’s order constitutes a lie. Well, I suppose he’s entitled to that belief. However, he’s mistaken.

The Gentle Reader should note that I did not present the underlined words as a direct quote from the judge, but as a summary. She ordered the parties—both plaintiff and defendants—to stop filing paperwork until she could rule on the pending motion to dismiss. That would include things such as the Cabin Boy’s™ motion to disqualify counsel and the defendants’ opposition. It would include stuff such as the paperwork the Cabin Boy™ filed last Monday and any defense responses that would be necessary. Thus, I believe that an impartial observer would find that my words are, in fact, a reasonable summary of the judge’s order.

* * * * *

You’d think that someone alleged to have GS-13 editorial skills would have better reading comprehension.

Team Kimberlin Post of the Day


Bill Schmalfeldt has clearly been the junior partner when it comes to Team Kimberlin’s LOLsuits. None of The Dreadful Pro-Se Schmalfeldt’s LOLsuits have survived a motion to dismiss. Although all were dismissed for other reasons, he never stated a claim upon which the court could grant him relief. Indeed, hs complaints were often so self-contradictory, they were “not entitled to a presumption of truth,” a line that appears multiple times in the motion to dismiss included in the TKPOTD from five years ago today.

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Yesterday afternoon, I mailed my motion to dismiss The Dreadful Pro-Se Schmalfeldt’s latest nuisance LOLsuit to the Circuit Court for Howard County. I also served a copy on the Cabin Boy™ by mail.

Almost everything the Cabin Boy™ says has an expiration date, but, if he he really wants to drop this LOLsuit, all he has to do is nothing. If he doesn’t file an opposition to my motion, the court will grant it as unopposed, and the suit will be dismissed. Of course, his mind is quite changeable, so he may want to go forward with the suit. If it survives the motion to dismiss, I guarantee that discovery will be … ummm … interesting. Yep, that’s the right word. Interesting.

The motion speaks for itself, so I do not intend to make any further substantive comments until after the court has ruled on it.

* * * * *

The phrase battle of wits with an unarmed man comes to mind.

Team Kimberlin Post of the Day


Through the years, there’s be an obvious similarity between The Dread Deadbeat Pro-Se Kimberlin and a certain coyote. The TKPOTD from four years ago today took notice.

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ACME LEGALOne of the running gags used to make fun of Team Kimberlin’s incompetence at lawfare is referring to them and/or their source of legal advice as “Acme Legal”—meaning a part of the same company that supplies those fine products to Wile. E. Coyote.

Given the amazingly complex theories that underpin some of the claims in The Dread Pro-Se Kimberlin’s allegations, both civil and criminal, against his perceived enemies, there are certain similarities to the Coyote’s plans and contraptions. Certainly, the success rates have been equivalent. And people have fallen into the Cabin Boy’s™ forgery traps at the same rate as the Roadrunner has been caught.

It’s really a very descriptive analogy.

Meep. Meep.

* * * * *

Heh.