More Federal Follies

This appeared on PACER—

My named codefendants and I have filed our consent to this motion because dismissing the D’oh! Defendants will expedite our bringing certain matters to the court’s attention and spare the D’oh! Defendants the hassle of dealing with this frivolous LOLsuit.

Team Kimberlin Post of the Day

Judge West ordered The Dreadful Pro-Se Schmalfeldt to serve any further papers he files with the court on each of the D’oh! Defendants in his LOLsuit VIII: Avoiding Contact individually until they are represented by counsel. At the very least, that means sending copies by First Class Mail to all of them who remain unrepresented.

Considering how the Cabin Boy™ has whined about the cost of mailing service of court papers to me in the Hoge v. Kimberlin, et al. lawsuit, he may want to keep things short and to the point in order to minimize the cost of postage.

Nothing is proceeding as the Cabin Boy™ has hallucinated.

Team Kimberlin Post of the Day

The Dreadful Pro-Se Schmalfeldt is consistent in his inconsistency. Thursday evening, he was going to drop the six D’oh! Defendants from LOLsuit VIII: Avoiding Contact, but by midday Friday, he had changed his … um … mind. My lawyer was going to agree to the Cabin Boy’s™ motion as a way of expediting getting some other paperwork before the court. However, Schmalfeldt got his panties in a knot over my pointing out some of the problems he’s made for himself with his second amended complaint, and he’s decided to keep all six D’oh! Defendants in the case.

BTW, he suing me because I said he doesn’t keep his word.

Nothing is proceeding as the Cabin Boy™ has hallucinated.

LOLsuit VIII News

The Gentle Reader should not be surprised to learn that The Dreadful Pro-Se Schmalfeldt has screwed up his second amended complaint and that he’s been ordered to put it into proper form—

Here’s the TL;DR—The Cabin Boy™ has been ordered to provide the correct addresses for service of process on John Doe, Peter Poe, Randy Roe, Jane Doe, Polly Poe, and Rhonda Roe (“D’oh! Defendants,” H/T, V V) within 21 days. Also, he was admonished for failing to provide a proper certificate of service and was ordered not to fail to serve the pro se defendants again.

Everything is proceeding as I have foreseen, a bit faster than expected, but on track.

UPDATE—While I was rereading Judge West’s order, this popped out at me:

Until such time as all Defendants have appeared in this case, the Clerk of the Court shall not accept and file any document from Plaintiff that does not contain a certificate of service showing that the Plaintiff served the document on the Defendants who have not appeared.

Oooo, this is gonna be good. A valid certificate of service has to show who was served, by what means, and at what address. Because the D’oh! Defendants are now in the case, it looks like he will have to provide that information for them on the certificates of service attached to any motions or other court papers he files until they appear either through counsel or pro se.

Nothing is proceeding as the Cabin Boy™ has hallucinated.

UPDATE 2—I’m told that the Cabin Boy™ says he can solve his D’oh! Defendants problem by filing a motion dismissing them. If I read the judge’s order correctly, the certificate of service for that motion will have to include the information concerning his service of that paper on those defendants.


Team Kimberlin Post of the Day

I have to admit that I did not expect the judge in the LOLsuit VIII: Avoiding Contact case to kick the Cabin Boy’s™ second amended complaint back to the magistrate judge for review and recommendation, so I’ll say that somethings are proceeding better than I have foreseen.

Nothing is proceeding as the Cabin Boy™ has hallucinated.