Team Kimberlin Post of the Day


Here’s the TKPOTD from three years ago today. Kimberlin’s motion that it presents is full of lies, and it misstates the law related to discovery in the case.

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Yesterday afternoon, I posted the online docket entry for this—

I don’t plan to make any substantive public statement about this motion in any form other than a court paper until after the court has ruled on it.

Everything is proceeding as I have foreseen.

* * * * *

One the most transparent lies in the motion was the claim that I didn’t allege damages until over a year after I filed the lawsuit.

After enumerating losses I suffered and costs I incurred, paragraph 33 of my complaint states, “Thus, Mr. Hoge suffered actual damages.” Similarly, paragraph 62 damages suffered and ends with, “Thus, Mr. Hoge suffered actual damages,” as does paragraph 71.

The Gentle Reader should not be surprised that the court denied The Dread Deadbeat Pro-Se Kimberlin’s motion.

Team Kimberlin Post of the Day


Being in the crosshairs of Team Kimberlin’s campaign of lawfare has had its ups and downs. The TKPOTD from four years ago today chronicled one of the better weeks, the first week of May, 2016.

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O. K., let’s review this past week.

On Monday, we found out that The Dread Pro-Se Kimberlin had filed a notice of appeal with the Fourth Circuit Court of Appeals in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit and that he had filed a RICO 2 Retread LOLsuit for his federally dismissed state law claims in the Circuit Court for Montgomery County. Also, the MoCo Circuit Court sent TDPK a Rule 2-507 letter informing him that he had 30 days to explain why the first RICO Retread case shouldn’t be dismissed against the National Bloggers Club, Ali Akbar, and Patrick Frey for failure to serve them with a summons and complaint. And Judge Hazel denied Kimberlin’s motions for relief from judgment and stay of judgment in the RICO 2 LOLsuit. The week was off to a good start, and to top Monday off, I filed a request for fresh summonses for Brett and Tetyana Kimberlin and Matt Osborne who have been evading service of process in the Hoge v. Kimberlin, et al. lawsuit.

Tuesday was a quiet day, but I did retain counsel to represent me in the Fourth Circuit just in case TDPK includes me in his appeal of the RICO 2 LOLsuit.

murum_aries_attigit_mugWednesday, the joint reply from the defendants to the Cabin Boy’s™ opposition to their motion to dismiss his LOLsuit VI: The Undiscovered Krender was filed, pointing out how Schmalfeldt utterly failed to address the points made in their motion. Also, the Cabin Boy’s™ reply to my opposition to his motion to dismiss appeared on the docket in the Hoge v. Kimberlin, et al. case. It concludes with a stunning run on sentence—which leads me to offer the following prize. I will send a Murum Aries Attigit coffee cup to the first person who sends me a graph showing that sentence properly diagrammed. Use the email address on the DMCA Contact page. Void where prohibited. Your mileage may vary.

Thursday … ah, Thursday, a day to be savored! There was a hearing before Judge Mason on a couple of motions in the Walker v. Kimberlin, et al. lawsuit. The first was the Kimberlins motion for summary judgment. Of course, it failed. There were material facts in dispute, so a summary judgment was not appropriate. The second was Aaron Walker’s motion for a default judgment because the Kimberlins had failed to answer his complaint in a timely manner. That motion was granted—mostly. The judge has stayed issuing his order until close of business next Friday. It may be that there’s nothing left for this case except for a hearing on damages. Also, the Kimberlins were personally served with the summons and complaint for the Hoge v. Kimberlin, et al. suit. Finally, I confirmed that I am not named as a defendant in the RICO 2 Retread LOLsuit, but I did receive notice from the Fourth Circuit of TDPK’s appeal. We shall see if he’s stupid enough to name me as an appellee.

On Friday, these were filed with the Circuit Court for Carroll County—

Not a bad week, all in all.

* * * * *

It turned out that The Dread Deadbeat Pro-Se Kimberlin did include me in his appeal of the RICO 2 LOLsuit, and he wound up being sanctioned for doing so.

I find it satisfying when things proceed as I foresee.

BTW, no one ever sent me a proper diagramming of that sentence (found here). The offer of a coffee cup is still open.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se/Protector Kimberlin was so sure that he would be successful protecting our 2016 presidential election that he filed a RICO LOLsuit against an group of defendants at the end of October, 2016. Breitbart Holdings was named as the lead defendant in the suit, and Steve Bannon was one of the codefendants. A few days later, TDPK had failed protect our election, and he then was in a LOLsuit with someone who was about to become a key presidential advisor.

The “evidence” that Kimberlin sought to use in the RICO 3 LOLsuit had been obtained as discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, and it was subject to a protective order issued by Judge Hazel forbidding it’s being disclosed to third parties or used in any other case. Three years ago today, I published this post titled Breitbart Pushes Back.

* * * * *

This has appeared on PACER—

Hmmmm.

* * * * *

Because I had been sucked into the Frey discovery process, I was also bound by the protective order relating to that case. When Kimberlin began trying to use discovery from Frey in the Hoge v. Kimberlin, et al. lawsuit in state court, I informed Judge Hazel. He directed me to inform the state court of his order. Judge Hecker, who was presiding in the state case, took the position that he wouldn’t directly enforce the federal court order, but that he reminded Kimberlin of the possible consequences of violating the order, Kimberlin got the message and stopped trying to use the Frey discovery in my case.

Oh, and the RICO 3 LOLsuit wound up being dismissed because the use of the Frey discovery violated the protective order.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


One the obvious purposes of Team Kimberlin’s lawfare has been to try to use the discovery process in civil suits to dig up dirt to use against their perceived enemies. This Acme Legal Citation Du Jour ran five years ago today.

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@weltsschmerz2015|201502120213ZThe Cabin Boy™ will not get any IP information from Hogewash! without either a valid subpoena or discovery interrogatory.

In order to get a subpoena prior to discovery, he will have to comply with the requirements in Independent Newspapers, Inc. v. Brodie, 407 Md. 415 (2009). He will have to make a prima facie case of defamation for each individual about whom he seeks information. Because he is suing in a federal court with tighter pleading standards than a Maryland state court, he will have to plead with particularity, and I will only provide information that the court specifically orders given. He won’t get thousands of IP address unless he specifically asks for that many one by one.

Of course, that presumes that his case survives. If the court takes note of the fact that he has admitted in his Application for pauper status that he has more income (almost 2X the federal poverty level for a family of two) than is allowed, the case will be kicked out. If he’s allowed to proceed in forma pauperis, the LOLsuit must then be screened for frivolousness, maliciousness, and failure to state a claim. Let’s pretend that it gets past that screening; there will still be motions to dismiss. If the LOLsuit makes it over that hurdle, the Cabin Boy™ can then file a discovery interrogatory. He will then find that discovery may not be as open-ended as he thinks. He will also find that it’s a two-way street.

popcorn4bkBTW, if the LOLsuit makes it past the motions to dismiss, no one should be surprised if one or more defendants make counterclaims and/or adds counterclaim defendants.

The Gentle Reader should not worry about any of this. I only log the IP addresses of the Insightful Commenters who contribute to Hogewash!—and the Ill-mannered Harassers who attempt to troll the blog.

* * * * *

That post was written in the context of LOLsuit III: The Search for Schlock, and that particular bit of nonsense was killed off after only two weeks when the presiding judge realized that the court had no jurisdiction over the case. Schmalfeldt has never been successful using discovery.

The Dread Deadbeat Pro-se Kimberlin did manage to get his hands on a large number of emails during discovery in the Kimberlin v. Frey RICO Remnant LOLsuit, but he never was able to use any of them effectively. He did try to use some of them in the Hoge v. Kimberlin, et al. case, but when he tried during the trial, the state court judge said that he wouldn’t prevent TDPK from introducing them, but that Kimberlin would be on his own explaining to the federal judge why the protective order was violated. Kimberlin chickened out, which is a shame because I would have introduced the same emails myself if I hadn’t been bound by the protective order as well.

It’s safe to say that Neal Rauhauser’s theory of pro se lawfare has been a spectacular failure—at least as far as implemented by Team Kimberlin.

Team Kimberlin Post of the Day


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.

Prevarication Du Jour


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.

Team Kimberlin Post of the Day


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.

Team Kimberlin Post of the Day


The Gentle Reader may wonder what part of the evidence and testimony offered during the Hoge v. Kimberlin, et al. trial caused Judge Hecker to find that the Kimberlins had made statements in their Applications for Statement of Charges that they could not have reasonably believed. One particular incident comes to mind.

During my direct examination of Tetyana Kimberlin, she began denying the contents of various documents she had filed against her husband, claiming that they had been written by Aaron Walker who had exerted some form of undue influence on her. Then I asked her about a protective order petition she filed several days before she met me and more than a week before she met Aaron. When she started to claim that parts of it were untrue, the Judge stopped her. He reminded her that the petition had be signed under penalty of perjury, and then he advised her of her right to remain silent under the Fifth Amendment.

That was the end of that line of questioning.

UPDATE—A question has been raised in the comments about the propriety of the judge’s warning to Tetyana Kimberlin. I believe that is was proper because she was proceeding pro se, and it was obvious that she was unaware of the potential consequences of her testimony. In fact, his warning resulted in her petition for a protective order being admitted into evidence with the presumption that it was truthful—which contradicted Brett Kimberlin’s testimony. That helped my case.

Lucky White Socks


Brett Kimberlin was wearing his lucky white socks today. All of the counts in the Hoge v. Kimberlin, et al. were either dismissed or verdicts were rendered for the defendants. For now, I will state that believe that Judge Hecker conducted a fair trial. I also believe that he made some errors in his verdicts, but I do believe that several of his findings are absolutely correct.

First, Judge Hecker found that both Brett Kimberlin and Tetyana Kimberlin made false statements that they themselves could not have reasonably believed in their Applications for Statement of Charges.

Second, Judge Hecker found that the Settlement Agreement from the Hoge v. Schmalfeldt was a valid contract and that Schmalfeldt had breached it.

However, the judge also found that there was enough left of the Kimberlins’ Applications that might have been true to establish probable cause. He also found that I had not properly shown that I damaged by Schmalfeldt’s breach.

I am reviewing my options.

UPDATE—I understand the disappointment, but please knock off the comments that could be construed as questioning Judge Hecker’s fairness, integrity, or competence. He did a good job with a complex case. He may have made errors, and I may ask for reconsideration or file an appeal, but he did a good job of running a fair trial.

What Happened in Court Today


Tetyana Kimber was found to be in contempt of court for her failures to appear. She will be allowed to purge her contempt by obeying all further order of the court.

Bill Schmalfeldt was found not to be in contempt for his recording of the court audio because of what the judge views as a hole in the law. He said that he has learned a lesson and will tighten up future orders allowing remote testimony.

The Kimberlins and I have finished our closing statements. Judge Hecker has taken the case under advisement and has said he will issue his ruling at 1:30 pm tomorrow.

UPDATE—Apparently, a copy of the “written testimony” the Cabin Boy™ published made its way to the Clerk’s Office, was docketed, and was forwarded to Judge Hecker. I asked that it be admitted into evidence as a statement against interest by Schmalfeldt.

Team Kimberlin Post of the Day


There are show cause hearings and a trial scheduled for today in the Hoge v. Kimberlin, et al. lawsuit beginning at 8:45 this morning in the Circuit Court for Carroll County. My ability to foresee how things will go ends at 8:45 am today. After that, the results depend on the findings made by Judge Hecker.

Team Kimberlin Post of the Day


The Kimberlins filed this in response to one of the paragraphs in the Scheduling Order for the Hoge v. Kimberlin, et al. lawsuit—

The Gentle Reader may notice a discrepancy between the Certificate of Service and the postmark on the envelope I received containing service of my copy.

The list of objections to exhibits referenced in paragraph 1 was missing from my copy of the filing. I wouldn’t have been surprised to find that The Dread Pro-Se Kimberlin had purposely failed to include the attachment in my copy, but checking the docket at the Clerk’s Office showed that he didn’t send it to the court either—so I can’t complaint about incomplete service.

The Scheduling Order required that the addresses of all witnesses be listed. Also, I know that several of the witnesses won’t appear unless they are subpoenaed. According to the docket, the only subpoenas that have been issued are mine.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Cabin Boy™ didn’t file a timely motion in limine in the Hoge v. Kimberlin, et al. lawsuit, but he did file an opposition to mine—

The Rules require that all paper filings to be considered before a trial must be submitted to the Clerk of the Court not later than close of business on the court’s second business day before a trial. That window closed yesterday afternoon in Hoge v. Kimberlin, et al. The docket files will be sent to Judge Hecker’s chambers first thing this morning.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


This was the Cabin Boy’s™ take on copyright infringement a couple of weeks before I sued him for breaching the Settlement Agreement in the 2014 Hoge v. Schmalfeldt copyright lawsuit.Heh.

T-minus 5 days and counting—in more ways than one.

UPDATE—Tweets & Logins

2017 AUG 16 04:05:14 UTC Home Page
2017 AUG 16 04:10:23 UTC Home Page
2017 AUG 16 04:16:16 UTC Home Page
2017 AUG 16 04:17:18 UTC Home Page
2017 AUG 16 04:22:27 UTC 2014/09
2017 AUG 16 04:22:55 UTC 2014/09/page/2
2017 AUG 16 04:36:09 UTC search=prevarication+du+jour
2017 AUG 16 04:36:16 UTC search=prevarication+du+jour/page/2
2017 AUG 16 04:36:26 UTC search=prevarication+du+jour/page/3
2017 AUG 16 04:39:20 UTC search=prevarication+du+jour/page/2
2017 AUG 16 05:14:34 UTC Home Page

So two minutes after the first part of this post went up, the Cabin Boy™ took a look at Hogewash!, and then he tweeted that he wasn’t aware of what I intend to share this morning. And then he started searching “prevarication+du+jour.”

UPDATE 2—Everything is proceeding as I have foreseen.