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.
Thus tweeteth the Cabin Boy™—Ahem.Heh.
This motion was filed in the Hoge v. Kimberlin, et al. lawsuit on Monday—
The motion speaks for itself, and I don’t intend to make any further comment concerning it until the court has ruled.
I wonder if any member of Team Kimberlin understands the meaning of rope-a-dope?
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.
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.
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.