Team Kimberlin Post of the Day


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Hmmmmm

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 3 days and counting.

Team Kimberlin Post of the Day


The Cabin Boy™ says that he’s going to file an amended complaint in LOLsuit VIII: Avoiding Contact. I’m pleased to see him wasting his time on that turkey instead of putting effort into his coming hearing in the Hoge v. Kimberlin, et al. lawsuit.

Speaking of Hoge v. Kimberlin, et al.—

T-minus 4 days and counting.

UPDATE—I’ve had some questions about the current countdown. I filed a motions for discovery sanctions against the Cabin Boy™ last week. Judge Hecker’s scheduling order allows only 10 days to respond to a discovery motion.

Team Kimberlin Post of the Day


One of the things we have been asking the courts to do is to enjoin Brett Kimberlin and Bill Schmalfeldt from filing any more pro se lawsuits without prior clearance by a judge. We haven’t been successful. Yet.

OTOH, the Cabin Boy™ has filed LOLsuit VIII: Avoiding Contact pro se in the U. S. District Court for the District of South Carolina—one of the few districts that require all pro se lawsuits to be reviewed by a Magistrate Judge before they are allowed to proceed and have summonses issued. I have a motion to dismiss on several grounds all tooled up ready to use, but I’ll hold on to it for now. The odds are that I won’t need it.

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 5 days and counting.

Legal LULZ Du Jour


This is beginning to resemble a beached fish thrashing about on the sand. The Cabin Boy™ has finally done some research on the status of the South Carolina criminal defamation statute, and he’s now got things even more wrong than before. He looked to see how many cases are going forward in the U. S. District Court for the District of South Carolina that allege slander or libel. He found 184 and assumed that they all cite the criminal defamation statue as a basis.It’s clear that he didn’t actually check any of those case. I did. Well, I checked the first two, and neither of them mentions the criminal defamation statute at all, let alone cites it as a basis for a cause of action.

The Cabin Boy™ did discover that the law was amended in 2003, …… but he must not have read the old and new versions of the law and compared them with the Fitts v. Kolb decision by the U. S. District Court. If had done so, he would have seen that the portion of the law that caused the old version to be struck down by the federal court is still in the current version. The law may still be on the books as far as the state is concerned, but the federal court won’t enforce it. In fact, it will act to prevent enforcement. BTW, the Fourth Circuit Court of Appeals has favorably cited the Fitts ruling as good law in one of its opinions.

I look forward to watching the Cabin Boy™ explaining the finer points of the First and Fourteenth Amendments to a U. S. District Judge or, maybe, a panel of the Fourth Circuit Court of Appeals.

Everything is proceeding as I have foreseen.

Legal LULZ Du Jour


I presented a set of facts to Judge Hecker in my show cause petition, and the judge issued the show cause order for contempt against the Cabin Boy™ based on those facts and the judge’s understanding of the law. I look forward to watching Oliver Wendell Jones instructing Judge Hecker in the finer points of Rule 16-208.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin managed to get some sort of memorandum filed before time ran out in the Kimberlin v. Frey RICO Remnant LOLsuit, and he actually wrote more than Judge Hazel asked for.

The memorandum was filed unde seal.

The ball is in Judge Hazels court now to deal with the pending motions for summary judgment.

Meanwhile, in the Hoge v. Kimberlin, et al. lawsuit—

T-minus 7 days and counting.