A Question for the Lawyers


…and the non-lawyers as well…

John Hoge of Hogewash! is suing Brett Kimberlin, convicted bomber, and his good friend Bill Schmalfeldt. Team Kimberlin has pestered Hoge and others for years in the court, and now the shoe is on the other foot. 

In Schmalfeldt’s case, a judge has ordered him to respond to document requests in the case.

When a judge orders you to answer document requests in the discovery phase of a lawsuit, don’t you have to produce documents?

Or is ‘no, you can’t have the documents’ a proper response? 

Stock vector of 'Grunge rubber stamp with text Last Chance,vector illustration'

 Available at Colourbox.com 

Is there any language which Bill Schmalfeldt would understand to be an order which required him to do something?

Peace Orders don’t always work, for example. An order to adhere to a copyright agreement didn’t work. The established rules of the court, which order all participants to refrain from recording seem to have been ignored.

Should the judge have pulled out his “LAST CHANCE” stamp, and used it to decorate the order?

What, short of a night in jail or a fine, will actually get his attention?

___________________________________________________________________________

And just in case Bill Schmalfeldt again repeats to the court that he wants nothing more than to forget John Hoge exists, and enjoy the life he is living at the beach…

Bill Schmalfeldt denied several people their privacy, comfort and peace of mind through a years long campaign of harassment. He at one time had active Peace Orders (or similar documents) in place ordering him to leave people alone. Some were not adhered to.

As soon as a judge clears this case…I suspect he will start again. If you comment here, he will try to find you. 

 

 

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24 thoughts on “A Question for the Lawyers

  1. Dianna

    Deep though my contempt for Bill Schmalfeldt is, I still feel, in charity, that I must say this as a public service, and I will repeat it at Hogewash!:

    Bill, whoever is inspiring or encouraging these antics is not your friend.

    Laptop, home.

    Liked by 1 person

    Reply
    1. This Other Latin F*cker

      I’ve tried telling him that several times. He blocked me me on Twitter. Guess he is so desperate for anyone to be his “most excellent friend” he doesn’t consider the consequences. So fuck him.

      Liked by 1 person

      Reply
  2. Boston Bob

    I just had the oddest thought. What if the moving around is a dodge on discovery?

    “I can’t produce the documents requested, your honor. They are in storage and inaccessible to me.”

    Liked by 2 people

    Reply
    1. Dr_Mike

      I believe Monty Python has a line which will sum up the Judge’s response, albiet in slightly more colorful prose:

      “Tough titties on you, fish face!”

      Liked by 3 people

      Reply
      1. librarygryffon

        As has been pointed out elsewhere, when he first hiked skirts and shuffled out of Maryland, he was the one suing people and not leaving them alone.

        I’m enjoying watching him head straight for that cliff, and all I will say is “Pass the popcorn!”

        Liked by 2 people

  3. onwyrdsdream

    ORDERED in bold. “Plaintiff’s Motion to Compel Discovery from Defendant” is hereby GRANTED.

    IMHO, the entire first paragraph makes his argument boil down to, “I’m right if you take a really liberal reading of only the second half.”

    connecting the first paragraph and the second paragraph is “and it is further” – “and” being operative.

    Liked by 2 people

    Reply
  4. D. Edgren

    Well, he said it, not me.

    Billy Sez You clever boys had 614x900

    The French proverb says that even a blind pig finds an acorn. I guess you could say that about a flash of self-insight as well. I haven’t had a lot to say about Bill Schmalfeldt for a year or so- it seemed as if between John Hoge’s litigation and Mr. Schmalfeldt’s own self-destructive tendencies things were pretty much well under control without my kicking in my 2 cents worth. But this discovery stuff, and Schmalfeldt saying, in the face of a court order issued as the result of a contempt proceeding, in so many words, “I don’t have to give Hoge what he wants,” well… I can’t even. This is not just the usual Schmalfeldtian antics. This is like watching some poor dead-ender schmuck who, when stealing $5.00 worth of stuff from a 7-11 goes bad, decides to commit suicide by cop. You know how it’s going to come out, but you can’t look away.

    I’m now three plus years into my retirement from the law biz. So Schmalfeldt has no ability to come back at me by saying stuff like “worst lawyer in the world (sorry Aaron, if you thought you’d retired the trophy)” and “look at all the bad things people said about Edgren.” Oh, he can still do that in the abstract, I guess, but it’s pretty easy to defame a poor retired guy- my retirement with the bar is even official now, as I reach 65 this year- who lives in the wilds of Alaska and rides a bicycle a lot. I’d actually hope Bill Schmalfeldt would listen to me, for once. You don’t need to be a lawyer to find the Maryland rules and case law that refer to “litigation-ending” discovery sanctions. At some point, and perhaps it’s even been reached, the case will, as regards Defendant Schmalfeldt, no longer be about John Hoge’s claims- it will be about Bill Schmalfeldt’s conduct. And this is not some movie with a Hollywood outcome…

    Mein Fuhrer, I can walk

    It should be pretty apparent to Judge Hecker at this point that he no longer has to observe Schmalfeldt’s credibility from the bench. He just needs to watch to see if Bill Schmalfeldt’s mouth is moving, and proceed accordingly. Schmalfeldt has exhausted all of his old excuses with this court: can’t drive, can’t travel, can’t understand the rules, can’t, can’t, can’t- and then has turned around and could, with ne’er a fair-thee-well of explanation. Funny how Team Good Guys have known for years that this was how it would all come out.

    Liked by 9 people

    Reply
    1. Neal N. Bob

      Suicide by cop makes for some funny TV, and that makes it the perfect analogy for Bill Schmalfeldt and the Internet.

      We really don’t thank Al Gore enough for that.

      Liked by 1 person

      Reply
  5. lorddewclaw

    “As soon as a judge clears this case…I suspect he will start again. If you comment here, he will try to find you. ”

    To which I clearly and strongly state:

    Bring it, Tons-o-guts.

    I can gar-un-damn-tee you that the legal woes you have faced to this point will be like nothing after I get done with you.

    And bring that carnival clown blow up doll while you’re at it. He/she wants to step in the ring with the big boys? Bring it, meth head.

    Liked by 1 person

    Reply

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