Team Kimberlin Post of the Day


Bill Schmalfeldt got in over his head when he signed up to be one of Brett Kimberlin’s PR flacks. I’ve never figured out exactly why he followed in The Dread Pro-Se Kimberlin’s lawfare footsteps and began filing LOLsuit, but he did. I was a defendant in four of them and the lead defendant in two, LOLsuits I and IV. During the course of LOLsuit IV, Schmalfeldt got upset with me because I was interested in his communications with my codefendants, especially the anonymous blogger known as Paul Krendler. The TKPOTD for five years ago today engaged in a bit of pointage, laughery, and mockification of the Cabin Boy™.

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The Cabin Boy™ routinely sticks his nose into other people’s business, and he acts as if he believes that everyone else does the same.BotM201503282229Z

popcorn4bkThe Dreadful Pro-Se Schmalfeldt may have forgotten who he’s suing, but “Paul Krendler” is among the et al. in his Schmalfeldt v. Hoge, et al. LOLsuit2 that he’s filed in Howard County Circuit Court. That being the case, I have a interest in his communications with my codefendants. It was TDPS who made his communications with “Krendler” my business.

Stupid is as stupid does.

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LOLsuit IV saw a Maryland state court suit. Because Schmalfeldt didn’t effect service of process on any of the out-of-state defendants, and because with me as the only remaining  defendant, proper venue for the case was in my home county Carroll County. However, he had filed in Howard County. With those facts before the court, the judge found that she lacked jurisdiction over the case and dismissed it without have to bother deciding if the Cabin Boy™ had actually stated a claim upon which relief could be granted.

Everything proceed as I had foreseen.

Team Kimberlin Post of the Day


As this TKPOTD from four years ago today points out, one of the major problems with Team Kimberlin’s LOLsuits was suing for things that aren’t legitimate cause of action for a civil case.

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A recurring theme in many of the Team Kimberlin LOLsuits is the inclusion of claims for nonexistent torts. For example, two of the claims in the Kimberlin v. Walker, et al. nuisance lawsuit were thrown out at summary judgment because they weren’t based on any recognized cause of action. In that case, The Dread Pro-Se Kimberlin tried to my codefendants and me for stalking and harassment, but while they are crimes, they are not torts. In the RICO Remnant LOLsuit, he’s trying to sue for conspiracy, and, as Judge Mason told him, that’s not a stand-alone tort either.

popcorn4bkThe Dreadful Pro-Se Schmalfeldt has followed in his excellent friend’s footsteps. When he filed LOLsuit I: The Emotional Picture, he included a claim for harassment. In LOLsuit IV: The Voyage to Oblivion, the Cabin Boy™ tried to sue for both harassment and conspiracy. In LOLsuit VI: The Undiscovered Krendler, … well, we’ll see.

Stay tuned.

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And they lost those cases and every other one they brought since 2012.

Batting .000 is a perfect record of sorts.

Team Kimberlin Post of the Day


One of the common threads among all of the Team Kimberlin LOLsuits has been citations of law that are simply wrong. This Acme Legal Citation Du Jour ran five years ago today.

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@weltschmerz2015|201502091346ZThe Maryland Court of Appeals disagrees.

We observe that by reason of Jacron Sales Co. v. Sindorf, 276 Md. 580, 350 A.2d 688 (1976), much of the distinction or difference between libel per se and libel per quod has in fact disappeared. Under Maryland principles of pleading the same rules continue to apply as to the nature of the libel. That is, if the libel is readily apparent as in the situation where one is called a thief, no explanation is necessary, but in the instances which previously would have been a libel per quod, the nature of the libel must be pleaded with the same particularity as formerly. Since nominal or presumed damages no longer exist, in all libel actions Maryland pleading principles require the same type of pleading as to damages as was formerly necessary in libel per quod.

Metromedia, Inc., etc. v. Hillman, et al., 285 Md. 161, 162-3 (1979). As a result,

it is obvious that it is no longer possible in Maryland to recover damages by simply alleging a libel per se.

Id., 169.

UPDATE—Hillman was a case certified to the Court of Appeals by the U. S. District Court seeking guidance on how to handle a defamation case under Maryland law.

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To be fair, it appears that Acme Legal has also been able to sell advice to other clients. The House Judiciary Committee comes to mind.

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.