The TKPOTD for seven years ago today announced the dismissal of one of Bill Schmalfeldt’s LOLsuits. IIRC, it was LOLsuit IV: The Voyage to Oblivion.
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Not only is it merely dead, it’s really most sincerely dead.
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Since I didn’t say it then, I’ll say it now: Qapla’
Both Brett Kimberlin and Bill Schmalfeldt have maintained a perfect record so far in all their LOLsuits filed since 2012. They’ve batted .000, losing all of ’em. This TKPOTD from seven years ago today was about one of the motions to dismiss I filed in the Cabin Boy’s™ LOLsuit IV.
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Yesterday afternoon, I mailed my motion to dismiss The Dreadful Pro-Se Schmalfeldt’s latest nuisance LOLsuit to the Circuit Court for Howard County. I also served a copy on the Cabin Boy™ by mail.
Almost everything the Cabin Boy™ says has an expiration date, but, if he he really wants to drop this LOLsuit, all he has to do is nothing. If he doesn’t file an opposition to my motion, the court will grant it as unopposed, and the suit will be dismissed. Of course, his mind is quite changeable, so he may want to go forward with the suit. If it survives the motion to dismiss, I guarantee that discovery will be … ummm … interesting. Yep, that’s the right word. Interesting.
The motion speaks for itself, so I do not intend to make any further substantive comments until after the court has ruled on it.
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It turned out the case was dismissed, not for failure to state a claim, but for improper venue. Schmalfeldt sued me in the wrong court.
Seven years ago today, an I’m Not Making This Up, You Know post announced Bill Schmalfeldt’s filing of the suit that became known as LOLsuit IV: The Voyage to Oblivion—Schmalfeldt v. Hoge, Johnson, Krendler, and Earl, Case No. 13-C-15-102498 (Md.Cir.Ct. Howard Co. 2015).
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I do not wish to make any substantive comment on this matter until after I have actually been served with a complaint and summons and have had an opportunity to review the complaint with counsel.
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Of course, this LOLsuit was not different from all the others filed by Team Kimberlin. It was dismissed, in this case for improper venue.
BTW, if the Schmalfelt LOLsuits hadn’t been given StarTrek parody names, the tag suggested by Paul Krendler in the post’s comments would have been appropriate: LULZ WARS Episode II: Attack of the Clown.
It was six years ago today that Bill Schmalfeldt’s LOLsuit IV was dismissed. Of course, that called for a Qapla’ post.
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The Schmalfeldt v. Hoge, et al. LOLsuit has been dismissed by the Circuit Court for Howard County.
More later.
UPDATE—I haven’t received a copy of the order yet, but it appears that the entire case has been dismissed. That would be in line with a finding of improper venue for me. Venue would have been proper in Howard County if the court had jurisdiction over the other defendants, so for venue to be improper the suit would have to have been dismissed for them as well.
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Indeed, the dismissal was for improper venue. The Cabin Boy™ never figured out the proper court for any of his LOLsuits. The Dread Deadbeat Pro-Se Kimberlin didn’t do much better. Three of the four LOLsuits he filed against me dismiss for failure to state a claim and, alternatively, improper venue.
Dealing with Team Kimberlin hasn’t always been painless, but at least it’s usually been easy to use ridicule as a weapon against them. This post from five years ago today had what may be my favorite title of all the Team Kimberlin Posts—C’mon, Pro Se! File Your Loco Motions!
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The Dreadful Pro-Se Schmalfeldt filed this at the beginning of the hearing this morning on my motions to dismiss his Schmalfeldt v. Hoge, et al. LOLsuit2. Judge Kramer read it before listening to the oral arguments.
The text mentions an Exhibit A, but no such exhibit was served on me.
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Heh.
Bill Schmalfeldt got in over his head when he signed up to be one of Brett Kimberlin’s PR flacks. I’ve never figured out exactly why he followed in The Dread Pro-Se Kimberlin’s lawfare footsteps and began filing LOLsuit, but he did. I was a defendant in four of them and the lead defendant in two, LOLsuits I and IV. During the course of LOLsuit IV, Schmalfeldt got upset with me because I was interested in his communications with my codefendants, especially the anonymous blogger known as Paul Krendler. The TKPOTD for five years ago today engaged in a bit of pointage, laughery, and mockification of the Cabin Boy™.
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The Cabin Boy™ routinely sticks his nose into other people’s business, and he acts as if he believes that everyone else does the same.
The Dreadful Pro-Se Schmalfeldt may have forgotten who he’s suing, but “Paul Krendler” is among the et al. in his Schmalfeldt v. Hoge, et al. LOLsuit2 that he’s filed in Howard County Circuit Court. That being the case, I have a interest in his communications with my codefendants. It was TDPS who made his communications with “Krendler” my business.
Stupid is as stupid does.
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LOLsuit IV was a Maryland state court suit. Because Schmalfeldt didn’t effect service of process on any of the out-of-state defendants, and because with me as the only remaining defendant, proper venue for the case was in my home county Carroll County. However, he had filed in Howard County. With those facts before the court, the judge found that she lacked jurisdiction over the case and dismissed it without have to bother deciding if the Cabin Boy™ had actually stated a claim upon which relief could be granted.
Everything proceed as I had foreseen.
After Bill Schmalfeldt fled Maryland after losing LOLsuits III, IV, and V in rapid succession, he spent a bit more than a year in Milwaukee where he lost LOLsuits VI. He then moved on to his hometown of Clinton, Iowa, where he was briefly employed as a disk jockey at a local FM station. That gig didn’t last long, and his failure to keep the job was the subject of some pointage, laughery, and mockification in the comments here at Hogewash!, and that, of course, prompted an outburst from the Cabin Boy™ which was chronicled in a post titled Hilarious? Hilarious How? which ran three years ago today.
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What does he mean I’m hilarious? What does he mean, the way I talk? What? Hilarious how? What’s hilarious about it? Hilarious how? Let me understand this, because, ya’ know, maybe it’s me, but I’m hilarious how? Hilarious like a clown? I amuse him? I make him laugh? I’m here to amuse him? Hilarious how? How am I hilarious? What’s so hilarious about me? What’s hilarious?
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Actually, what’s hilarious is the Cabin Boy’s™ poor reading comprehension. I haven’t written anything here at Hogewash! about his being fired from his most recent job, but I will now note that he no longer seems be working an afternoon announcing gig at KMCN. OTOH, the Cabin Boy™ has plenty of experience never being impeded by not knowing what he’s talking about.
Failing failures gotta fail.
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That post parodied a scene from Goodfellas, a movie containing a putdown line that Schmalfeldt often used. Given the number of jobs that have slipped through the Cabin Boy’s™ fingers over the past three years, something like a shoe shine box might be a reasonable investment for him as a way to pickup a bit of cash.
For the moment, he’s employed again. There are still some dates left on the calendar in the break area.
I’ve spent a sizable portion of the past seven years dealing with absurd demands for various members of Team Kimberlin. Some of the sillies have come from The Dreadful Pro-Se Schmalfeldt. The TKPOTD for four years ago today opened with ridicule of one of the Cabin Boy’s™ demands and also posted one of the motions to dismiss I filed in LOLsuit IV: The Voyage to Oblivion.
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Now that so many other people are archiving his blogging, I no longer regularly read the Dreadful Pro-Se Schmalfeldt meanderings on his blog du jour. I’m told that he wants to charge me a license fee for using his name and and image in my reporting about him and his buddies with Team Kimberlin.
Bwahahahahahahahahahahahahahaha!
Before making such a foolish assertion, he should have talked to a lawyer who could have explained case law such as Lawrence v. A. S. Abell Co., 299 Md. 697 (1984) to him.
And in other news concerning the Cabin Boy™ …
Yesterday, I mailed a reply to his opposition to my motion to dismiss his current LOLsuit for improper venue to the court. I also served the Cabin Boy™ by mail.
The reply speaks for itself, and I do not intend to make any further substantive public statements about the motion until the court has ruled on it.
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Because the judge found that Schmalfeldt had sued me in the wrong court, she was able to dismiss the case without having to bother considering whether the Cabin Boy™ had stated a claim upon which relief could be granted.
None of the LOLsuits he’s filed against me have ever made it past a motion to dismiss for venue or lack of personal jurisdiction.
Losing losers gotta loose.
On 17 March, 2015, Judge Hazel dismissed all but one count against one defendant of the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit. The very next day, The Dread Deadbeat Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of the count alleging violation of the Ku Klux Klan Act against the defendants. Judge Hazel didn’t waste time deny that motion as I reported four years ago with a post In Re RICO Madness.
BTW, the marked up sentence in UPDATE 2 is from a motion that The Dreadful Pro-Se Schmalfeldt had filed in Schmalfeldt v. Hoge, et al. (II) a few days before.
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Judge Hazel has denied The Dread Pro-Se Kimberlin’s motion for reconsideration of dismissal of the Ku Klux Klan Act claims against all defendants in the Kimberlin v. The Universe, et al. RICO Madness.
Qapla’!
UPDATE—The money quote—
Kimberlin is mistaken.
UPDATE 2—FIFY:
UPDATE 3—Aaron Walker compares Kimberlin’s RICO Madness to Generalissimo Franco.
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Crackpot leftists often seem to have trouble accepting a loss.
Four years ago today, Bill Schmalfeldt filed LOLsuit III: The Search for Schlock in the U.S. District Court for the District of Maryland. I took notice of his action in a post titled In Re a LOLsuit.
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The Dreadful Pro-Se Schmalfeldt is at it again.
He has also filed an application to proceed in forma pauperis.
I do not plan to make any substantive comment on this suit until I have thoroughly reviewed the complaint.
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Now that the suit is long dead, I’ll offer this comment: Bwahahahahahahahahahah!
Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. TDPS had filed in the wrong court, so the case was kicked for lack of jurisdiction. That led the Cabin Boy™ to file LOLsuit IV: The Voyage to Oblivion in the Circuit Court for Howard County, Maryland. Although that suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. Schmalfeldt had filed his state complaint in the wrong county, so the suit was dismissed for lack of jurisdiction.
The Cabin Boy™ left me out of his lawfare attempts until he got around to filing LOLsuit VIII: Avoiding Contact in the U.S. District Court for the District of South Carolina. Although the suit could have been dismissed for failure to state a claim upon which relief could be granted, the judge didn’t have to get that far into the complaint. The judge found that … wait for it … the court lacked personal jurisdiction over any of the defendants, so the case was dismissed for lack of jurisdiction.
Everything proceeded as I had foreseen.