Go Ahead. Make My Day.


Last December, the Cabin Boy™ asked me to make him a confidential settlement offer in the Hoge v. Kimberlin, et al. lawsuit. After due consideration, I made him an offer in January which 1) he published on one of his now defunct blogs and 2) he rather rudely declined. Yesterday, he made me a settlement offer.fmp201702230511zThe offer I made in January was my best and final offer, and it has expired. That offer represented the only terms under which I would have been willing to settle the lawsuit with the Cabin Boy™, but I am no longer willing to settle. Schmalfeldt’s rejected my offer, and it was his last chance to avoid going through discovery and trial.

He can publish whatever offers he wishes. But his time probably would be better spent meeting his obligations in discovery.

Murum aries attigit.

Team Kimberlin Post of the Day


One of the comments to yesterday’s TKPOTD quoted from a tweet by the Cabin Boy™ asking why I don’t simply ask him where he is now living. I suppose I could do so—if I cared, but I don’t care where he lives. The only reason I have to communicate with him is to serve court papers and discovery on him, and that service is complete upon mailing to the last address that he has supplied to the court. I’ve been advised that it’s his responsibility to keep that contact information current, not mine.

Team Kimberlin Post of the Day


It’s time for another status report on The Dread Pro-Se Kimberlin’s lawfare and the pushback Team Kimberlin is experiencing. This report will only deal with the cases that are still at least somewhat alive.

The original Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit is in limbo pending the resolution of the leftover Kimberlin v. Frey RICO Remnant LOLsuit in the U. S. District Court for the District of Maryland. Kimberlin has filed his motion for summary judgment in the Frey case, and Patterico’s response and cross-motion are due on Wednesday. The last of the filings related to summary judgment in the Frey suit are due not later than 17 March. TDPK has said that he will appeal National Bloggers Club (I) to the Fourth Circuit Court of Appeals when the Frey case is over in the District Court.

The Kimberlin v. Hunton & Williams, et al. (I) RICO 2:Electric Boogaloo LOLsuit Appeal was dismissed by the Fourth Circuit Court of Appeals, and TDPK is running out of time to file a petition for a writ of certiorari with the Supreme Court. It should be thoroughly dead in a few weeks. The Court of Appeals awarded a $600 sanction against TDPK for filing a frivolous appeal against me. He hasn’t paid yet. Steps are being taken assure the debt is collected.

The Kimberlin v. Hunton & Williams, et al. (II) RICO 2 Retread LOLsuit is now officially dismissed with prejudice by the Circuit Court for Montgomery County. TDPK has a few more days left to file a notice of appeal.

The Kimberlin v. National Bloggers Club, et al. (II) RICO Retread Appeal is in the Maryland Court of Special Appeals. The appellees’ briefs have been filed. The TPDK now has a few days to file a reply brief, and then it’s up to the court to rule.

Aaron Walker has filed a notice of appeal in the Walker v. Kimberlin, et al. lawsuit. The initial mechanics of moving the case record from the Circuit Court to the Court of Special Appeals are going forward.

The Hoge v. Kimberlin, et al. lawsuit is now in the discovery phase. Both Brett Kimberlin and Bill Schmalfeldt appear to have blown off some of their obligations in discovery. Judge Hecker has ordered TDPK to show cause why he should not be found in contempt. Time is running out for Schmalfeldt to avoid … well, let’s just say time is running out.

Stay tuned.

UPDATE—One of my codefendants in the RICO Madness LOLsuit comments …rsmccain20170219