In Re Kimberlin v. Walker, et al.


As I mentioned in the summary posted yesterday, The Dread Pro-Se Kimberlin has appealed his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit to the Maryland Court of Special Appeals. The court has posted its December schedule which shows that the case will be considered on 14 December and will be submitted on briefs. It appears that the court does not wish to hear oral arguments.

In Re the Cabin Boy’s™ LOLsuit


Scott Hinckley has filed some motions in the Schmalfeldt v. Grady, et al. LOLsuit. You can read them here.

I have no comment on his filings, except that I will confirm that one of the pictures on page 6 of Exhibit C appears to be the same as one I received in an unsolicited email from the Cabin Boy™.

UPDATE—Correct the page number reference above.

Team Kimberlin Post of the Day


Yesterday evening, I noted that The Dread Pro-Se Kimberlin’s motion for alternate service on several of my codefendants in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit had been denied. I now have a copy of the order denying the motion and the exhibits the TDPK filed along with his motion.

I ran the tracking numbers from the certified mail green cards and found that restricted delivery had not been paid for (but, of course, the boxes are checked on the cards). Also, the envelopes show insufficient postage for restricted delivery.

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 …

In Re the RICO Retread LOLsuit


The Dread Pro-Se Kimberlin has not shown up for the hearing yet. They are trying to find him.

Stay tuned.

UPDATE—The hearing was continued until 3 September when it will be combined with hearings on motions to dismiss. TDPK must have all of his oppositions to all of the motions to dismiss filed not later than 1 September.

UPDATE 2—You know, it’s possible that I have visited more than one courthouse today.

Team Kimberlin Post of the Day


There is a scheduling hearing on the docket of the Circuit Court for Montgomery County this morning in the Kimberlin v. Almost the Whole Universe, et al. RICO Retread LOLsuit. Scheduling hearings are usually just a quick meeting between the lawyers and the judge to set some due dates for things like discovery, notifications about witnesses, and the like. Today’s hearing may have a few extra … um … features.

popcorn4bkThe Gentle Reader may have noticed that I haven’t written much about this particular case. Frankly, my lawyer and I have been waiting to see what The Dread Pro-Se Kimberlin was and wasn’t going to do. We’ve had no reason to tip our hand at this stage of the case. However, some things may come out in court this morning. If they do, I’ll write about them.

Stay tuned.

In Re a LOLsuit


I hand-delivered this filing to the U. S. District Court yesterday as a favor for Dave Edgren.

UPDATE—It’s always gratifying to know that I contributed in some small way to bringing the members of Team Kimberlin to justice or at least causing them to fear their just deserts. When comment such as they are sending now, childish stuff of the sort most of us outgrew before high school, start appearing, I know I’ve had a bit of success.

Prevarication Du Jour


While I don’t have a dog in the fight, I’ve been following the Schmalfeldt v. Grady (, et al.?) LOLsuit and reporting on it. The latest development seems to be the Cabin Boy’s™ fixation on and faildoxing of someone named Vinnie.grouchcast365|201507111359ZThe Dreadful Pro-Se Schmalfeldt’s threats to add unconnected third parties to his LOLsuit strikes me as the lawfare equivalent of hostage taking. While it may be tactically wise to negotiate with a hostage taker for a while, it is never wise to give in to his demands. To do so will sure encourage more such terrorism.

Similarly, …

UPDATE—A member of Team Lickspittle sent me a link to this tweet.grouchcast365|201507111435Zhorse_ass_by_pooh_stock-573x426Change to “Connie Hoge.” What then? The Cabin Boy’s™ memory must really be failing. I would have thought he would have remembered how I dealt with his publication of this image at patriot-ombudsman dot com on 29 November, 2013, in a post titled So, What’s the Deal With Hoge’s Peace Order Extension?

I didn’t bring it up as additional evidence that the Cabin Boy’s™ harassment was likely to continue. I only presented evidence of harassment directed specifically at me during the hearing for the extension of the peace order. Moreover, when we engaged in mediation, I let Schmalfeldt off the hook for his violations of the original Peace Order in exchange for his promise to comply with the extension.

He didn’t keep his word.

For the last year-and-a-half, Hogewash! has been receiving comment about Mrs. Hoge and images of her. The comments and images range from off-color to raunchily obscene. In a slip of the tongue during the peace order hearing on 8 May, Schmalfeldt stated that he was justified in commenting on this blog to call me out for my “hypocrisy” for complaining about the comments he and his friends were sending this way.

What then? In 2013, meh.

What now? Murum aries attigit.

UPDATE 2—This site’s Terms of Service can be viewed by clicking on The Fine Print in the menu bar. Commenting under a nom de cyber is OK so long as the commenter isn’t impersonating someone else. The person who attempted comment as me this evening should not be surprised that his comment was quickly deleted.

Team Kimberlin Post of the Day


In an amazing flash of Acme Legal expertise, the Dreadful Pro-Se Schmalfeldt is threatening to amend his complaint in Schmalfeldt v. Grady. However, under Fed. R. Civ. P. 15, his last day to amend his complaint as a matter of course was 29 June, i.e., 21 days after Patrick Grady filed his motion to dismiss under Rule 12(b)(2).

It’s still possible for him to amend his complaint, but that now requires either Grady’s concurrence (fat chance) or the court’s permission.

Team Kimberlin Post of the Day


There’s a hearing scheduled on 3 June in the Circuit Court for Howard County on my motion to dismiss for failure to state a claim upon which relief can be granted in the Schmalfeldt v. Hoge, et al. LOLsuit. I have also file a motion to dismiss based on improper venue and asked the court to consider both motions on the same day. Of course, the court may choose to hear just the first motion, and that’s fine by me. Dismissal for failure to state a claim is a decision on the merits of the case and is preferable from my point of view.

I wasn’t surprised when The Dreadful Pro-Se Schmalfeldt announced his decision to file his own motion to dismiss the case based on improper venue. After all, he dropped his first federal LOLsuit and his counterclaims in the copyright case.

Here’s the motion he said he would file.

popcorn4bkThe motion is mind-bogglingly defective, and his not filing it saves my having to file an opposition. Yes, I would oppose his motion. The case needs to be dismissed, but not on the Cabin Boy’s™ terms.

Meanwhile, what Schmalfeldt published contains some interesting admissions against interest. He made other admissions against interest during the hearing last Friday. He doesn’t seem to know when to stop digging.

Stay tuned.

In Re a LOLsuit


The Dreadful Pro-Se Schmalfeldt has a post up at The Liberal Grouch (No, I won’t link to it.) that contains this motion which he says he will file by mail tomorrow.

Note: The embedded document is the one Bill Schmalfeldt posted on his Scribd account.

I do not wish to comment on this motion until after I have had a chance to review the version actually filed with the court.

UPDATE—Apparently, the Cabin Boy™ has changed his mind.@GrouchyOldLib201505110040Z

Hoge v. Schmalfeldt and Schmalfeldt v. Hoge, et al.


A hearing to determine if a final peace order will be issued against Bill Schmalfeldt is scheduled for 10:30 this morning in the District Court in Westminster, Maryland.

A hearing on my motion to dismiss the Schmalfeldt v. Hoge, et al. LOLsuit is scheduled for 8:30 am on 3 June in the Circuit Court for Howard County. That motion to dismiss is for failure to state a claim upon which relief can be granted (Maryland Rule 2-322(b)(2)). This morning, I mailed a second motion to dismiss that suit to the Circuit Court for Howard County (and the Cabin Boy™). That motion is based on Maryland Rule 2-322(a). I hope to be able to publish the motion later today.

Stay tuned.