Now that my motion to amend the verdict in the Hoge v. Kimberlin, et al. lawsuit has been denied, I have a bit more than three weeks to file an notice of appeal the case. I’ve consulted with my legal counsel and decided on the general outline of a plan for dealing with the matters involved. On the advice of my counsel, I will not be discussing any steps I plan to take in advance.
This appeared this morning in the online docket for Hoge v. Kimberlin, et al.I do not have a copy of the order yet. I will withhold any comment until after I have reviewed it and my options going forward with counsel.
I filed this earlier this week.
That’s all I have to say publicly about my motion to amend the verdict in the Hoge v. Kimberlin, et al. lawsuit until the court rules on my motion.
I will make one brief comment about the Cabin Boy’s™ opposition to my motion for an amended verdict in the Hoge v. Kimberlin, et al. lawsuit. He tries to improperly introduce new evidence in the form of links to copies of the posts he infringed that can be found at archive dot org. He tries to claim that because the posts were archived there, he could have lifted them from the archived version and that somehow that excuses his breaches of the 2014 Settlement Agreement. However, at least 9 of the 11 posts were archived after he ripped them off from Hogewash!—So in the course trying to improperly introduce new evidence, the Cabin Boy™ is trying to claim that he could have used archive dot org copies of my posts as the sources for his infringement even though those archives did not exist when he published his infringements.
The Doctor was unavailable for comment.
When I got home from work yesterday, I found a envelope with Brett Kimberlin’s return address on it in my mailbox. It contained this—
If I have anything further to say publicly about this before the court rules on my motion, it will be in the form of a reply to this opposition.
Service of court papers.
I filed a motion to amend the verdict with respect to Count XII in the Hoge v. Kimberlin, et al. lawsuit. That’s the count dealing with the Cabin Boy’s™ breach of the Settlement Agreement that ended the 2014 Hoge v. Schmalfeldt copyright lawsuit. Filing that motion tolls the deadline for filing an appeal. After the court rules on my motion, the deadline clock for a notice of appeal will begin running again. For now, it’s stopped at t-minus 26 days.
I’m in no hurry. IIRC, The Dreadful Pro-Se Schmalfeldt has until 15 September to oppose my motion. After that, the motion would be ripe for the court to rule. (I don’t believe that the other defendants have standing to oppose the motion because they are not being sued in Count XII.)
So the Gentle Reader may have quite a while to wait before there is any further news related to the Hoge v. Kimberlin, et al. lawsuit.