Team Kimberlin Post of the Day


The never-ending parade of silly mistakes made by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt in their various LOLsuits have yielded a gold mine of pointage, laughery, and mockification. Here are some bits from the TKPOTD, a Legal LULZ Du Jour, and a Bonus Legal LULZ Du Jour from four years ago today.

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I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent filings in the five active lawsuits in which he is a party. (BTW, four are LOLsuits he’s filed against me.) His writing is becoming … how to put this? … wilder and more full of stupid errors and omissions. I just finished reviewing something from one of the state cases, and its fatal error is both obvious and quite stunning. I won’t write about that mistake here because it’s the judge’s job to educate the midget on this one.

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The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.

Fed. R. Civ. P. 4(d)(3) says—

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]

Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.

UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.

popcorn4bkUPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.

Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.

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The Cabin Boy™ has yet another post up over at his Derp Brain Radio website (No, I won’t link to it.) in which he demonstrates his poor reading comprehension and his poor knowledge of the legal resources I have at hand. Given his track record, it’s possible that he has come up with a novel way to screw up service of process. We shall see.

popcorn4bkAs I noted earlier today, The Dreadful Pro-Se Schmalfeldt’s fear of having to face me in court will keep me out of LOLsuit VI: The Undiscovered Krendler, at least for the nonce, and I expect that the amended complaint [redacted]. All this means is that he’s surrendered his chance to control the actual venue after [redacted]. Meanwhile, I get to sit on the sidelines and point and laugh.

Heh.

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Tomorrow is Christmas Day, and this feature will take the day off.

So head out to the store to finish your shopping (or pickup more popcorn), enjoy the holiday, and …

Stay tuned.

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Yes, Merry Christmas, everyone!

Team Kimberlin Post of the Day


It was five years ago that Bill Schmalfeldt was on Twitter thumping his chest about how he was going to get Patrick Grady on the witness stand and … well, something doubleplus ungood was going to happen to Patrick. Schmalfeldt’s bravado was related to a peace order petition that he had filed in Maryland. Given Schmalfeldt’s actual actions on the day of the hearing, it’s likely that didn’t expect Patrick to show up. He was wrong. Patrick appeared at the hearing, but the Cabin Boy™ didn’t, as I reported five years ago today in a post titled In Re Schmalfeldt v. Grady.

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The Dreadful Pro-Se Schmalfeldt was a no-show. The peace order petition was dismissed.

More later.

UPDATE—

Cowardly no-show
Bogus petition dismissed
FroYo and mayo

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That was the first of the civil cases The Dreadful Pro-Se Schmalfeldt file against Patrick Grady. The Cabin Boy™ went on to file four LOLsuits naming Patrick as a defendant and four more naming “Paul Krendler,” claiming that Grady was Krendler. He lost every single case.

Losing losers gotta lose.

Team Kimberlin Post of the Day


When I first wrote that Team Kimberlin was buying their legal advice from the same Acme that supplied those fine products to a certain coyote, I was joking. As the various legal entanglements have played out, it come to look as if that really is the source of the legal theories behind their LOLsuits. Here’s the TKPOTD from three years ago today,

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WMSBroad201311101815ZThat deserves an updated answer. Here’s a partial listing—

Hoge v. Schmalfeldt (I), Case No. 06-C-13-063359 (Md. Cir.Ct. Carroll Co. 2013), cert. denied.
Hoge v. Schmalfeldt (II), Case No. 06-C-14-067023 (Md. Cir.Ct. Carroll Co. 2014), cert. denied
Kimberlin v. Walker, et al., Case No. 380966V (Md. Cir.Ct. Mont. Co. 2014), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Johnson, et al., Case No. 15-CV-0315-RDB (D.Md. 2015).
Kimberlin v. National Bloggers Club, et al. (I), Case No. 13-CV-03059-GJH (D.Md. 2015).
Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co. 2015).
Schmalfeldt v. Hoge, et al., Case No. 13-C-15-102498 (Md. Cir.Ct. Howard Co. 2015).
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016).
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016).

That should do.

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I should update that scorecard with the following—

Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed Md. C0SA, cert. denied.
Kimberlin v. Hunton & Williams, et al., Case No. 13-CV-0723-GJH (D.Md. 2016), affirmed 4th Cir.
Kimberlin v. National Bloggers Club, et al. (II), Case No. 403868V (Md. Cir.Ct. Mont. Co. 2016), affirmed Md. CoSA, cert. denied.
Schmalfeldt v. Grady, et al. (IV), Case No. 13-CV-01310-RBH-KDW (DSC 2017).

Team Kimberlin Post of the Day


I began writing about Brett Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of his critics to report truthfully on him and his activities in May, 2012. Since then, I’ve been the subject of numerous legal attacks by him and his enablers and supporters, but I’ve not been alone. I’ve had over 40 codefendants in civil suits from Kimberlin and more than a dozen codefendants in suits filed by his PR flack Bill Schmalfeldt.

One common feature of all the pro se lawsuits filed by Team Kimberlin, whether I was a defendant or not, was the incompetent manner in which the plaintiffs conducted them. After the dismissal of Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler, he filed a bar complaint against Aaron Walker, the lawyer who successfully represented the defendants. While mind-bogglingly stupid, that move was not unexpected, as I reported three years ago in an I’m Not Making This Up, You Know post.

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The Cabin Boy™ has filed a pair of frivolous bar complaints against Aaron Walker.

I suppose this is what he thought would be Hell raining down.

BTW, I read over the settlement the Cabin Boy™ was offered. I doubt that he will ever see such a generous one ever again.

UPDATE—MU201607051859Zgas_stove_burner_s1As a matter of fact, the bar complaints were foreseen. It’s a common tactic employed by Team Kimberlin.

That the Dog returns to his Vomit and the Sow returns to her Mire,
And the burnt Fool’s bandaged finger goes wabbling back to the Fire …

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Whether against Justice Clarence Thomas or Aaron Walker or whomever, none of Team Kimberlin’s bar complaints have been found to have any merit.

Or to put it another way—everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Bill Schmalfeldt hasn’t had much luck dealing with the 1st of July for the past few years. Here are three posts from 1 July, #BillSchmalfeldt.Gone.Again. from 2013, Qapla’ from 2016, and the TKPOTD from 2017.

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GhostRadioOnlin was down at 10:15 pm ET on 1 July, 2013.Ghost_gone

And this was what his rabid response website looked like at the same time.Allergic2Bull_com

Hmmmmm.

Ghost_goodbyeUPDATE—An email from a friend on the Left Coast contained this gem.

It looks as if he’s closed the rabid response site as well. It will be interesting to find out if this is the result of Bill Schmalfeldt being served the summons and a copy of the Application for Statement of Charges and seeing how much trouble his ranting has caused him. Taking the Twitter account and site down won’t erase the screenshots, pdf files, etc. that are on multiple computers all over the country. Evidence of the Cabin Boy’s behavior remains intact.

Or it really could be that the Cabin Boy is worn out from trying to fight above his weight (intellectually and morally). Regardless, he joins Brave Sir Robin in the pantheon of big talkers who cut and run. Of course, he may pop up again. We’ll see.

UPDATE 2—I’ve been asked how I missed the Sore Loserman’s “last tweets.” I was off doing other things. I do have a life, you know.

UPDATE 3 —HoggyJr_0701

No, my life doesn’t revolve around Brett Kimberlin. I have an interest in seeing him brought to justice, but there are plenty of things in my life that are of greater importance.

As for heart attacks, I’ve had three already, thank you. I’ve got five stents in my heart and had a minimally invasive bypass. My bypass was experimental. I was the 13th patient to undergo the procedure in the U. S. (luckily for me). I could have had the proven standard procedure or opt to participate in the experimental trial. I went with the experimental procedure even though it wasn’t covered by my insurance. Did someone say something about altruism and medical procedures?

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Bill Schmalfeldt loses again.

More later.

UPDATE—The order above dismisses the case on the basis of lack of personal jurisdiction. The case also failed in part for failure to state a claim with respect to misappropriation of likeness.

The Dreadful Pro-Se Schmalfeldt keeps his perfect batting average of .000 intact.

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The stalking and harassment count in LOLsuit VIII: Avoiding Contact was summarily dismissed.

Everything is proceeding as I have foreseen.

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I’ve lost count of the Cabin Boy’s™ failed Internet personas and other media fiascos. They’re even more common than his failures at pro se litigation.

Team Kimberlin Post of the Day


I’ve spent a sizable portion of the past seven years dealing with absurd demands for various members of Team Kimberlin. Some of the sillies have come from The Dreadful Pro-Se Schmalfeldt. The TKPOTD for four years ago today opened with ridicule of one of the Cabin Boy’s™ demands and also posted one of the motions to dismiss I filed in LOLsuit IV: The Voyage to Oblivion.

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Now that so many other people are archiving his blogging, I no longer regularly read the Dreadful Pro-Se Schmalfeldt meanderings on his blog du jour. I’m told that he wants to charge me a license fee for using his name and and image in my reporting about him and his buddies with Team Kimberlin.

Bwahahahahahahahahahahahahahaha!

Before making such a foolish assertion, he should have talked to a lawyer who could have explained case law such as Lawrence v. A. S. Abell Co., 299 Md. 697 (1984) to him.

And in other news concerning the Cabin Boy™ …

Yesterday, I mailed a reply to his opposition to my motion to dismiss his current LOLsuit for improper venue to the court. I also served the Cabin Boy™ by mail.

The reply speaks for itself, and I do not intend to make any further substantive public statements about the motion until the court has ruled on it.

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Because the judge found that Schmalfeldt had sued me in the wrong court, she was able to dismiss the case without having to bother considering whether the Cabin Boy™ had stated a claim upon which relief could be granted.

None of the LOLsuits he’s filed against me have ever made it past a motion to dismiss for venue or lack of personal jurisdiction.

Losing losers gotta loose.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back five years at The Dreadful Pro-Se Schmalfeldt’s appeal of the extension of the first peace order issued against him. Today, we look back the following day’s TKPOTD.

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It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

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Speaking of res judicata, The Hogewash Store has lots of mugs, t-shirts, and other tchotchkes available with the Res Judicata logo. There’s also junk branded Murum Aries Attigit, and Johnny Atsign. If you stop by, spend some money, and support this blog, I’ll be thankful.