Team Kimberlin Post of the Day


Bill Schmalfeldt spent years cyberstalking an harassing me in his capacity as a PR flack for Team Kimberlin. As the TKPOTD from two years ago today recounts, that didn’t turn out well for him.

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Bill Schmalfeldt never amounted to much, but over the past five years that he’s been trying to cyberstalk and harass me, he’s managed to diminish himself and his place in the world even further. This year has seen a particularly rapid decline.

As 2016 turned the corner into 2017, the Cabin Boy™ moved from a nice apartment in a complex for senior citizens near Milwaukee to a bungalow in Clinton, Iowa. His Stage Eleventy-Six Parkinson’s disease went into sufficient remission that was was able to drive and hold down a job. But not for long.

Within weeks of returning to the airwaves as an afternoon DJ, he was let go for what appears to be insubordination (based on Tweets he published around that time). It also seems that shortly thereafter his driving skills had sufficiently deteriorated that he managed to ruin a couple of tires on the beater he had bought. His futile attempt to blame someone else for the damage failed, and the Clinton Police Department took no action on his complaint.

After less than four months in Clinton, “they know me here,” Iowa, the Cabin Boy™ moved to South Carolina, ostensibly for love. He hadn’t been there long when found that he was going to be stuck living in extended stay hotels and motels because he could not qualify to rent a house or apartment. That realization appears to be one of the triggers for Schmalfeldt’s LOLsuit VIII: Avoiding Contact. Indeed, he alleged in that LOLsuit that South Carolina landlords were refusing to rent to him because of what they had read after doing Google searches on his name. Of course, he had no evidence to support such a claim, as Magistrate Judge West pointed out in her Recommendation that the case be dismissed:

It is noted that Plaintiff provides no proof other than his own self-serving statements …

And another of The Dreadful Pro-Se Schmalfeldt’s LOLsuits has bitten the dust.

So the Cabin Boy’s™ living arrangements look to be spiraling further down hill. The jokes about cardboard boxes and dumpsters may not be too far off.

Schmalfeldt appears to believe that he had one win during the year. He did, sorta kinda, in that I was not awarded damages in my breach of contract lawsuit against him. However, the court found that he breached the contract, and during the course of the case, he admitted to the knowing use of my copyrighted works without permission. He didn’t appeal the findings in that case, so they are now settled. And useful. As I’ve said before, I’m not done with Schmalfeldt yet.

If he doesn’t self-destruct first.

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The Cabin Boy™ once told a court here in Maryland that being force to go out in weather that was just above freezing would be a serious risk for him because he suffered from Parkinson’s disease.

It is 33 F in Ashland, Wisconsin, as I type this post, and the National Weather Service forecast for tomorrow is

Rain and snow, becoming all snow after 10am. The snow could be heavy at times. Temperature falling to around 29 by 5pm. Breezy, with a north wind 10 to 15 mph, with gusts as high as 25 mph. Chance of precipitation is 100%. New snow accumulation of 5 to 9 inches possible.

Hmmmmm.

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


Back in 2017, my codefendants and I were still involved in The Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact. Two years ago today, one Schmalfeldt’s filings in that case resulted in this post about More Federal Follies. When the Cabin Boy™ tried to file a second amended complaint which added a group of John D’oh! defendants, the court kicked his paperwork back because it was screwed up.

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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.

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Even with being able to pick up the pace of our defense, it still took several more months to put an end to LOLsuit VIII.

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.

Team Kimberlin Post of the Day


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.

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


It’s been a year now since the Dreadful Pro-Se Schmalfeldt’s LOLsuit VIII: Avoiding Contact was thrown out of court, and we haven’t seen any further lawfare spewing forth from Team Kimberlin during 2018. It’s been a pleasant break. This time a year ago, we couldn’t be sure that 2018 would be as quiet as it has been—as was noted in the TKPOTD from a year ago today.

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Is LOLsuit IX: Desperation coming? The Cabin Boy™ seems to be making threats of the direst of dire direness once again—Rather than fisk the whole thing, I’ll limit my pointage, laughery, and mockification to the first and last tweets of that thread.

The Cabin Boy™ continues to display his lack of understanding of the Rules of Evidence, Patrick Grady is under no obligation to admit or deny whether his is Paul Krendler based on Schmalfeldt’s flimsy complaints. If The Dreadful Pro-Se Schmalfeldt wants to sue Paul Krendler, the burden is on the Cabin Boy™ to correctly identify who he is suing. I’ll also note that Paul Krendler has not admitted to being any one particular individual. For all the Cabin Boy™ knows, he’s being tag teamed. Further, Schmalfeldt has now sued Grady four times alleging that he is Paul Krendler, and one of those suits was dismissed with prejudice. IANAL, but I’ll bet that Fed. R. Civ. P. 41 prohibits any further such suits at this point.

As for the last tweet, which “authorities”? What new crime is TDPS going to allege that Paul Krendler has committed? Or has the Cabin Boy™ still not figured out that the cops aren’t going to waste time on Schmalfeldt’s butthurt?

Oh, one more thing … LOLsuit VIII has not been formally dismissed. We’re not done with the Cabin Boy™ yet.

Everything is proceeding as I have foreseen.

UPDATE—Fixed a typo. Also, here are some logins and some more tweets:

2017 DEC 24 06:02:12 UTC Home Page
2017 DEC 24 06:04:31 UTC 2017/12/24/team-kimberlin-post-of-the-day-1746
2017 DEC 24 06:05:43 UTC 2017/12/23/are-you-pondering-what-im-pondering-2932
2017 DEC 24 06:09:59 UTC 2017/12/23/team-kimberlin-post-of-the-day-1745
2017 DEC 24 06:11:13 UTC 2017/12/22/blognet-87
2017 DEC 24 06:15:01 UTC 2015/12/21/hit-a-nerve-have-we-4/screen-shot-2013-03-20-at-8-46-14-pm-700×336

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Of course, The Dread Deadbeat Protector Kimberlin has had a busy year protecting our elections, and It may be that  job-related travel took up too much of the Cabin Boy’s™ time, so it’s possible that something will pop up during 2019 if their schedules and poor judgment permit.

Stay tuned.