Team Kimberlin Post of the Day


The members of Team Kimberlin lie so much that I created as special topic—Prevarication Du Jour—to handle reporting on some of their sillier claims. This PDJ ran four years ago today.

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I’ve lost track of the number of barefaced lies the Cabin Boy™ has been caught telling.Cheddar201602070313ZHere’s how he describes the exhibit containing the email he’s referring to in his original Complaint for LOLsuit VI: The Undiscovered Krendler—ECF 1 Ex12—and here’s the address block from the email as shown in both Exhibit 12 of the Complaint and Exhibit 4 of the Proposed Amended Complaint.ECF 1 EX12-EmailAs I’ve said before, Bill Schmalfeldt is a liar and not a very good one.

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Schmalfeldt’s attempts at spinning false narrative in his court filings are a shoddy at his other attempt at fiction which has posted online or self-published in print.

Team Kimberlin Post of the Day


One of the basic false premises of the Team Kimberlin LOLsuits has been that it is defamatory to tell the truth about them. The implied threat of legal consequences dealt with in this post, Hit a Nerve, Have We?, from three years ago today never materialized, but the post shows how a member of Team Kimberlin (Bill Schmalfeldt in this case) can easily be triggered by the facts.

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I found this in my inbox this morning. The timestamp is in GMT. The Cabin Boy™ sent this within 5 minutes of logging in just after midnight ET.bs-email-201612260529zIt’s apparent that the Cabin Boy™ appears to be unaware of the meaning of apparent.

apparent | ə-ˈper-ənt | adj.: based on evidence that may or may not be factually valid.

The Gentle Reader may read the email exchange of the negotiations in question, consider the Cabin Boy’s™ subsequent filing of bar complaints, and decide for himself whether it appears the Cabin Boy™ negotiated in good faith.

Meanwhile, I stand by my post.

UPDATE—Moar mail from the Cabin Boy™—bs-email-201622261620z

I stand by my post.

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And Schmalfeldt didn’t do anything.

Eventually, the Cabin Boy™ would sue me one more time, and of course, lost that case (LOLsuit VIII: Avoiding Contact) as he did all the others.

Facts are stubborn things.

Team Kimberlin Post of the Day


The never-ending parade of silly mistakes made by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt in their various LOLsuits have yielded a gold mine of pointage, laughery, and mockification. Here are some bits from the TKPOTD, a Legal LULZ Du Jour, and a Bonus Legal LULZ Du Jour from four years ago today.

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I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent filings in the five active lawsuits in which he is a party. (BTW, four are LOLsuits he’s filed against me.) His writing is becoming … how to put this? … wilder and more full of stupid errors and omissions. I just finished reviewing something from one of the state cases, and its fatal error is both obvious and quite stunning. I won’t write about that mistake here because it’s the judge’s job to educate the midget on this one.

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The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.

Fed. R. Civ. P. 4(d)(3) says—

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]

Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.

UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.

popcorn4bkUPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.

Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.

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The Cabin Boy™ has yet another post up over at his Derp Brain Radio website (No, I won’t link to it.) in which he demonstrates his poor reading comprehension and his poor knowledge of the legal resources I have at hand. Given his track record, it’s possible that he has come up with a novel way to screw up service of process. We shall see.

popcorn4bkAs I noted earlier today, The Dreadful Pro-Se Schmalfeldt’s fear of having to face me in court will keep me out of LOLsuit VI: The Undiscovered Krendler, at least for the nonce, and I expect that the amended complaint [redacted]. All this means is that he’s surrendered his chance to control the actual venue after [redacted]. Meanwhile, I get to sit on the sidelines and point and laugh.

Heh.

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Tomorrow is Christmas Day, and this feature will take the day off.

So head out to the store to finish your shopping (or pickup more popcorn), enjoy the holiday, and …

Stay tuned.

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Yes, Merry Christmas, everyone!

Team Kimberlin Post of the Day


I began writing about Brett Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of his critics to report truthfully on him and his activities in May, 2012. Since then, I’ve been the subject of numerous legal attacks by him and his enablers and supporters, but I’ve not been alone. I’ve had over 40 codefendants in civil suits from Kimberlin and more than a dozen codefendants in suits filed by his PR flack Bill Schmalfeldt.

One common feature of all the pro se lawsuits filed by Team Kimberlin, whether I was a defendant or not, was the incompetent manner in which the plaintiffs conducted them. After the dismissal of Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler, he filed a bar complaint against Aaron Walker, the lawyer who successfully represented the defendants. While mind-bogglingly stupid, that move was not unexpected, as I reported three years ago in an I’m Not Making This Up, You Know post.

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The Cabin Boy™ has filed a pair of frivolous bar complaints against Aaron Walker.

I suppose this is what he thought would be Hell raining down.

BTW, I read over the settlement the Cabin Boy™ was offered. I doubt that he will ever see such a generous one ever again.

UPDATE—MU201607051859Zgas_stove_burner_s1As a matter of fact, the bar complaints were foreseen. It’s a common tactic employed by Team Kimberlin.

That the Dog returns to his Vomit and the Sow returns to her Mire,
And the burnt Fool’s bandaged finger goes wabbling back to the Fire …

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Whether against Justice Clarence Thomas or Aaron Walker or whomever, none of Team Kimberlin’s bar complaints have been found to have any merit.

Or to put it another way—everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dreadful Pro-Se Schmalfeldt may be plus-sized overall, but he has acts as if he has incredibly thin skin. He became so bent out of shape over truthful reporting about and criticism of his conduct of LOLsuit VI: The Undiscovered Krendler that he decided to complain to the magistrate judge handling the case about me. Three years ago today, I responded to his threats with this Legal LULZ Du Jour.

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RD201603191531ZGo ahead. Make my day.

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He went ahead and filed his paperwork which I published after it appeared on PACER three days later.

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The Cabin Boy™ really did file these with the court—

Everything is proceeding as I have foreseen.

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So where are we three years later?

Aaron Walker was able  to manage his clients’ defense. He won the case for them.

The Cabin Boy™ lost LOLsuit VI. And LOLsuit VII. And LOLsuit VIII. At this point, he’s failed to convince judges in Maryland, Wisconsin, Illinois, and South Carolina that he has been the victim of defamation, invasion of privacy, intentional infliction of emotional distress, or mopery with intent to lurk.

OTOH, judges in Maryland, Arizona, Massachusetts, Illinois, and North Carolina have found that Schmalfeldt engaged in behaviors warranting the issuance of various forms of restrain orders, one of which was to protect a three year old child.

The Cabin Boy™ has been fired or left under suspicious circumstance from multiple jobs.

I’m still working part time as a paralegal and full time as engineering contractor.

Nothing has proceeded as the Cabin Boy™ has hallucinated.

Team Kimberlin Post of the Day


Today is the fourth anniversary of The Dread Deadbeat Pro-Se Kimberlin’s filing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit. Three years ago, The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler was in the motions to dismiss phase. Here’s another twofer from three years ago today, the TKPOTD and a Legal LULZ Du Jour.

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It’s easy to make fun of the Cabin Boy™ when he writes the punchlines of the jokes.RD201603152007ZThe veracity of his briefs?

How veracious is his claim the Brett Kimberlin isn’t a convicted terrorist? Brett Kimberlin engaged a serial bombing campaign that terrorized the town of Speedway, Indiana. He sued Aaron Walker, Stacy McCain, Ali Akbar, and me for a million dollars, claiming that we engaged in false light invasion of privacy by calling him a terrorist. He lost that lawsuit.

How veracious is his claim that Brett Kimberlin isn’t responsible for the death of Carl DeLong? An Indiana trial jury found him responsible, and the Indiana Supreme Court upheld their verdict.

How veracious is his claim that Aaron Walker is currently a defendant in yet another Kimberlin LOLsuit? Aaron was dismissed from the RICO Retread LOLsuit on a mix of motions for dismissal for failure to state a claim and for summary judgment back in January.

How veracious is … oh, you get the point. Bill Schmalfeldt is a liar.

One does not simply lie in a declaration to the court and expect not to get burned.

One more thing … Bill Schmalfeldt is an adjudicated harasser and an adjudicated cyberstalker of a minor child. While I take no pleasure in writing that statement, I have a certain appreciation for its irony. You see, Gentle Reader, Bill Schmalfeldt was among the cyberthugs who were engaging in online defamation of me just about this time last year, claiming that I had engaged in online harassment of a teenage girl. Their story was false, and both the civil and criminal actions filed against me fizzled. OTOH, the Cabin Boy™ now has collected a total of nine restraining/peace/no-contact orders issued by courts in five states, and one of them protects a three-year old kid.

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RD201603160135Z

IIRC, it was the Cabin Boy™ who used a declaration from Brett Kimberlin as an exhibit supporting a motion.

One does not simply lie in a declaration to the court and expect not to get burned.

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The Truth is out there, but the Cabin Boy™ has no idea where.

Team Kimberlin Post of the Day


One of the common failings among most of the Team Kimberlin LOLsuits has been suing for things that aren’t actual causes of action for civil cases. For example, The Dread Deadbeat Pro-Se Kimberlin sued my codefendants and me for harassment and stalking in the Kimberlin v. Walker, et al. nuisance LOLsuit, and the court threw those counts out because they’re not things one can bring a suit over in Maryland. The Dreadful Pro-Se Schmalfeldt has similar issues with many of his cases. The TKPOTD from three year ago today deals with one such problem with LOLsuit VI: The Undiscovered Krendler.

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Here’s a bit of Wisconsin case law that may affect the Cabin Boy’s™ LOLsuit VI: The Undiscovered Krendler—

Wisconsin does not recognize “false light invasion of privacy[.]”

Ladd v. Uecker, 2010 WI.App. 28, 789 N.W.2d 216, 218 (2010). IANAL, but it raises an interesting question.

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The Gentle Reader should not be surprised to learn that the Cabin Boy’™ claim for false light invasion of privacy failed.

Team Kimberlin is made up of slow learners. Even by the time of LOLsuit VIII: Avoiding Contact in 2017, three years after Kimberlin had his harassment and stalking counts dismissed from the first LOLsuit, Count I in the Cabin Boy’s™ LOLsuit was for “Harassment and Stalking.”

Stupid is as stupid does.