Team Kimberlin Post of the Day


The TKPOTD a few days ago dealt with Bill Schmalfedt’s sticking his nose into to something that wasn’t any of his business. He has a history of doing that quite a lot. This post from three years ago today titled It’s Billogical! details another example of his unwelcome intrusion into the lives of others.

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The Cabin Boy’s™ wild goose du jour has to do with his finding a prayer request for a woman he believes is Patrick Grady’s wife in a bulletin from a church in the same town where the Gradys live. He offers no evidence that the Gradys are members or otherwise associated with that church or that the woman in question is actually Patrick Grady’s wife. They may be, and she may be, but he offers no evidence.

But that’s not the real Billogical leap.

The Cabin Boy™ has latched onto the fantasy that the prayer request proves that the post published by Paul Krendler about his daughter being in an accident is somehow about Mrs. Grady instead. Because of all this, he imagines that Patrick Grady has some explaining to do. (Apparently, Grady is Paul Krendler again.) This is another example of Schmalfeldt’s inability to keep timestamps straight.

Krendler’s post about his daughter was put up on 28 May, 2015, and the church bulletin is for May, 2015. The Cabin Boy™ has thus jumped to the conclusion that these dates prove … something! Of course, what it proves is that Schmalfeldt has no idea of the meaning of due diligence. If he had examined the bulletin’s metadata, he would have seen that it was published at the end of April—just like most other publications that laid out a schedule of events for a coming month of May. Moreover, if he had looked at the next item down the page from the prayer request he would have seen this—NatDayPrayer

If the bulletin was published in a time frame where “May 7th” was “next Thursday,” then it probably was issued before that date. All the Cabin Boy™ had to do was read the entire page where he found that prayer request, and he would have known that his “evidence” didn’t fit his Billogical preconceptions.

Bill Schmalfeldt has yet again invaded the privacy of the Grady family (and perhaps a second family and their church as well). I’ve met Patrick Grady. He strikes me as a thoughtful and patient fellow, but if I were in his shoes, my patience would be exhausted, and I would be seeking to have the existing stalking no contact order enforced.

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The Cabin Boy™ included Patrick Grady among the defendants in his most recent losing LOLsuit VIII: Avoiding Contact. Neither The Dreadful Pro-Se Schmalfeldt nor The Dread Deadbeat Pro-Se Kimberlin have been able top establish the identity of Paul Krendler. The Cabin Boy™ claimed that Patrick Grady am Paul Krendler in LOLsuit V: The Final in Maryland, and that case was dismissed with prejudice. Schmalfeldt’s excellent friend claimed that I am Paul Krendler in his RICO 2: Electric Boogaloo LOLsuit. That suit was dismissed with prejudice.

By 2016, TDPK had lost enough LOLsuits to figure out that res judicata prevented him from recycling his specious claims against me, and he dropped me from the state RICO 2 Retread LOLsuit. However, The Cabin Boy™ is a slower learner. He sued Patrick Grady alleging that he’s Paul Krendler three more times. He hasn’t done a fourth time. Yet. We’ve yet to see if he’s really learned his lesson.

Team Kimberlin Post of the Day


Team Kimberlin’s failures at lawfare aren’t limited to The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. All of the LOLsuits filed by The Dreadful Pro-Se Schmalfeldt have been spectacular sources of pointage, laughery, and mockification as well. The TKPOTD from two years ago today dealt with LOLsuit VII: Degenrations.

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So the Cabin Boy’s™ LOLsuit VII: Degenerations has been voluntarily dismissed without prejudice. I’ll bet that the Cabin Boy™ thinks that means that he can still file another LOLsuit against Patrick Grady and/or Sarah Palmer alleging the same butthurt again. I’ll also bet that he would be wrong.

IANAL, but I can read a law book. When I read Federal Rule of Civil Procedure 41(a)(1)(B), I find these words concerning the effect of a voluntary dismissal:

But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as a adjudication on the merits.

IIRC, LOLsuit VI: The Undiscovered Krendler targeted both Patrick Grady and Sarah Palmer with claims that overlapped with LOLsuit VII. If I’m understanding FRCP 41 correctly, my characterization of “really most sincerely dead” applies to LOLsuit VII. With an adjudication on the merits res judicata should now apply.

res_judicata_mugsActually, Patrick Grady probably could have relied on res judicata as a defense in LOLsuit VII, because he was targeted in LOLsuit V and LOLsuit VI. Other people are probably also covered to some extent: Eric Johnson (LOLsuits III, IV, and VI), Roy Schmalfeldt (LOLsuits V and VI), Paul Krendler (LOLsuits I and III), Nancy Gilly (LOLsuits I and VI), Howard Earl (LOLsuits III and IV), and me (LOLsuits I and III).

The Cabin Boy™ really is giving The Dread Pro-Se Kimberlin a real contest for the title of World’s Worst Pro-Se Litigant™.

Everything is proceeding as I have foreseen.

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And as I foresaw, the Cabin Boy™ didn’t learn much from LOLsuit VII, and the next year he filed LOLsuit VIII: Avoiding Contact. He lost that one too.

Has the Cabin Boy™ learned his lesson?

Team Kimberlin Post of the Day


Alinsky’s Rule 5 states that ridicule is man’s most potent weapon, and it it has been an easy one to deploy against Team Kimberlin. This bit of pointage, laughery, and mockification was a Legal LULZ Du Jour posted two years ago today.

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LG16_201608160451ZaIs that so?Complaint_43

UPDATE—The obvious syllogism one can derive from the above is—

Schmalfeldt accused Hoge of the crime of stalking.

Hoge has never been convicted of a crime.

Therefore, Schmalfeldt is a moron.

However, the conclusion may be faulty, at least under the original definition of a moron as an adult with a mental age of 8 to 12. Is the Cabin Boy™ that mature?

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The Cabin Boy™ got lucky with LOLsuit VII: Degenerations. His court appointed lawyer dismissed the case before any of Schmalfeldt’s sanctionable behavior came to the court’s attention.

Will he always be so lucky?

Team Kimberlin Post of the Day


Our year’s end review of Team Kimberlin news has reached September, a month where several things were decided.

First, the Cabin Boy’s™ free lawyer voluntarily dismissed LOLsuit VII: Degenerations maintaining The Dreadful Freeloader Schmalfeldt’s perfect record of losing every suit he’s filed.

Next, Judge Mason granted several motions to dismiss in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit, leaving only a couple of remaining defendants. (Spoiler Alert: But not for long.)

Finally, there was a motions hearing in the Hoge v. Kimberlin, et al. lawsuit. Several of my motions were granted. William Ferguson was dismissed from the suit, but all of The Dreadful Pro-Se Schmalfeldt’s motions to dismiss were denied. Every single one of the Kimberlin’s pending motions were denied as well, but The Dread Pro-Se Kimberlin’s oral motion to delay discovery was granted when I agreed to it. Discovery was stayed until mid October.

We’ll take a look at October’s news tomorrow.

Stay tuned.

Team Kimberlin Post of the Day


August was a month full of paperwork and preparing to begin to commence for Team Kimberlin and the targets of its lawfare. The Dreadful Pro-Se Schmalfeldt had filed an In Forma Pauperis petition along with LOLsuit VII: Degenerations, and the court appointed a lawyer to review his case. Spoiler alert: The Dreadful Freeloader Schmalfeldt did not enjoy free representation for very long (and I’ll bet he didn’t enjoy the results of that representation either.)

September was a busy month. Stay tuned.

Team Kimberlin Post of the Day


And now our year-in-review of Team Kimberlin new reaches July. A fairly massive quantity of motions, oppositions, and reply went fly through several of the cases in progress, but one case reached resolution—the U. S. District Court for the Eastern District of Wisconsin dismissed the last two defendants (Eric Johnson and Sarah Palmer) in LOLsuit VI: The Undiscovered Krendler. The Dreadful Pro-Se Schmalfeldt engaged in settlement negotiations in bad faith in an apparent attempt to set up a pair of frivolous bar complaints against Aaron Walker who had represented the defendants.

His complaints went nowhere, but later in the month TDPS filed LOLsuit VII: Degenerations seeking damages from Patrick Grady and Sarah Palmer. Spoiler alert: The Cabin Boy™ has never won any of the civil suits he’s filed.

Stay tuned for more about August tomorrow.