Ooh! Ooh! Pick me! Pick me! (Again!)


Why is this man smiling meme

Because friends, he’s An Oaf in his happy place- Pretendyland.

Team Free Speech, that rowdy bunch of co-conspirators, has had a day of fun at the usual suspect places with Acme Law’s latest- a Second Amended Complaint filing in certain doomed from the outset federal litigation pending in South Carolina.  This sack of shit- SAC for short- may well be the most incompetent pleading ever filed by our favorite Low-functioning Litigant ever.  It’s hard to remember that he started the case the case with a complaint that was merely stupid and futile.  With every amendment he’s only made it worse.

Among the treasures contained in the SAC is the naming of six new “fictitious” defendants, three men and three women, all with last names that rhyme but do not scan.DOES 2

Who, decent folks everywhere are asking, are these miscreants? These malefacting malefactors who have maleficently and malevolently sought to make one William M. Schmalfeldt’s life a living hell on earth?  Who…

Magic 8 Ball Oh give me a break 800px

…well, erm… okay.  But if the SAC is really that bad, why is the guy smiling?

To keep this from becoming overlong, I’ll for once cut to the chase.  Because Bill Schmalfeldt thinks he’s found the one jurisdiction in the land that goes against the prevailing law in all the rest and will allow him to hail a gaggle of unrelated folks living spread out across the country who’ve caused him butthurt into court there and, because he has mistaken success in hurdling the utterly low bar of pro per IFP lawsuit review for that court’s approval and encouragement, proceed to pound them into the ground with his devastating legal arguments and courtroom acumen.

Yeah Right

This magic convergence of happy events fits right into The Oaf’s long-term strategy, which is a simple one.  Sue everyone he doesn’t like and win.  For him, the rest is all pesky details- something I note that in my observation he has never been very good at.  He’ll probably call it yet more libel, but in my opinion whatever else you can justifiably call Bill Schmalfeldt: a liar, a homophobe, a misogynist, a classy dresser…

Disco Bill

…it’s just not in the cards to call him a detail-oriented person.

A fer’ instance is highlighted in the SAC.  Like so many other legal concepts Our Oaf has parroted in his filings over the course of, what?… seven or eight failed lawsuits, he has absolutely no idea as to the purpose or or mechanics of naming fictitious defendants.  Wikipedia, bless its dark-hearted little soul, actually could tell him a lot about this without his having to lift up any of those heavy law books all full of big words and stuff.

https://en.wikipedia.org/wiki/Fictitious_defendants

A “John Doe” party, then, is not merely, as Bill so clearly1 believes, a placeholder.  The Oaf would seem to believe that, by the device of coming up with six rhyming names he has reserved for himself the luxury of simply inserting anyone of his choosing down the road whenever he might feel like it and in his sole discretion.  “I don’t like David Edgren today, well, okay you big Alaskan pain in the ass- Peter Poe is now… YOU!”  Sorry, that’s just not the way it works.  The example Wikipedia gives is a pretty good one, and the probably about the most common scenario.  You wake up after surgery to have a tattoo removed from your nether regions and find yourself oddly enough missing a kidney that was working just fine before you went into the hospital.

House Isn't going to hurt a bit

Who ‘ya gonna sue?  Well, everybody in the OR was wearing funny masks and gloves and stuff while you were enjoying the nice drugs in la-la land and none of them signed the “speedy recovery” card that was waiting for you in your room when you returned to it, so you sue “Dr. Jane Doe” and “Nurse Randy Roe”2  Those names are ultimately grudgingly given up by the hospital in discovery and, once you have them, you ask the court by motion to substitute them in.  But that presumes, of course, that you’ve complied with the basic pleading requirements and alleged enough specifics about the fictitious defendant and what thing he or she did to you that was wrong and when for your complaint to pass muster.  Does Bill do this?  Why, no.  Instead of pleading something like “On the “XYZ” blog on August 4, 7, and 12, 2016 the pseudonymous commenter ‘Mr. Mxyzpltk,’ who is named as Defendant ‘John Doe’ herein, posted [statements that gave me severe butthurt and damaged me to the tune of one meelion dollars3]”

Dr Evil One Million Dollars

he simply pleads

SAC - The Various John Doe Defendants

and

SAC - Cooperation between named and unnamed conspirators

Now, there is a bunch of other general to the point of meaningless gibberish accusations made in the SAC, but they pretty much evaporate into nothing that is properly pled even under the generous latitude the courts afford statements of claims in pro per pleadings.  When it comes down to it, Bill Schmalfeldt is saying that the standard for liability is for someone to write something that he doesn’t like on one or another of a couple of different blogs, but he doesn’t have to tell you anything else.  Under that standard, he could pretty much name anyone he feels like once he forces various ISPs to bend to his will4.

An interesting offshoot of this is that his Doe, Roe and Poe defendants serve to actually limit the people Our Oaf can ultimately bring into the lawsuit.  I, for example, and my partner in crime5 here Dave Alexander cannot be brought in later and inserted in place of a Doe, Roe or Poe.  Why?  Because Bill knows our identities now.  He doesn’t need discovery to find out that David Edgren is David Edgren.

Well, Duh

He knows what we’ve done in the form of making comments on the blogs he complains about.  He knows the content of those comments.  If he wanted to sue Dave, me or a couple of other folks I’ll leave unnamed in this lawsuit, that ship has pretty much sailed.  There are also interesting considerations raised by Bill’s long track record of accusing various people of being various other people.  I’ll say no more.

A final classic Acme Law error6 is made in the SAC here.

SAC - Doe Defendants residence remains unknown

Uh, actually no, Bill.  There’s law on that out there that’s not too hard to find.  Obviously you didn’t7.

So, instead of kicking back with the rest of the world at his feet

Billy the Hutt 800px

Bill has simply set himself up to get his tail soundly kicked… again.  Not that the case will ever make it into the discovery phase, but just sayin’, y’ know8.

David Edgren


1 You keep using that word

2 You also, of course, sue everyone else even remotely connected with hospital that day, your best friend for suggesting that particular hospital in the first place and the ex-girlfriend whose name was the subject of the tattoo. Ahh, American tort litigation- ain’t it a wonderful thing?

3 That’s all the help Our Oaf gets, and he should be grateful for that.

4 Good luck with that.

5 As in, “It’s a crime that we haven’t figured out have to retire off writing this blog.”

6 That’s probably redundant. Is there anything else that Acme Law does other than make errors?”

7 And The Oaf shouldn’t dare to presume that the court will listen to him any better than the one just did in North Carolina when he explains that, “Why, do you take me for a fool?  Of course I wouldn’t destroy diversity by picking a defendant to substitute in from South Carolina.” But how could he know that now? What happens when he finds out in discovery that the person who has given him the worst case of butthurt ever lives just down the road from him (in a much nicer residence though, goes without saying)? This just goes to demonstrate how calculated Bill’s move in filing the SAC truly is. The problem for him is that the legal system simply doesn’t operate the way he thinks it does.

8 Retired lawyer, not licensed anywhere. Just my opinion, NOT legal advice, not to be relied upon for any reason as I’m almost certainly wrong, etc., etc.

Advertisements
This entry was posted in Uncategorized. Bookmark the permalink.

16 Responses to Ooh! Ooh! Pick me! Pick me! (Again!)

  1. Neal N. Bob says:

    Why is that man smiling?

    Brain damage, I assume. My guess is that the good folks at Vanderbilt opened up his noggin, stuffed a set of broken off jumper cable ends in there, sewed him back up, told him he was a hero and sent him on his merry way. It makes as much sense as the story he tells.

    As for the Does, yeah, everybody is everybody else, except when they aren’t, For example, Rosa Parkinsons has stated his belief that I’m Krendler, who in turn is Patrick Grady. Except for that time when he sued me as a Doe, alongside Grady.

    I’m sure you remember that, David, It was the funniest of the lulzsuits and the precise moment that you became my hero. I love it because I actually forgot that I was potential defendant in that particular lulzsuit until it was dismissed, several months later. That’s how terrifying it was.

    By the way, Bill?

    This time is different>

    Liked by 6 people

    • Dr_Mike says:

      As I heard it, when the docs cracked his skull open, they said “this things’s empty!” and sent a tech off to Home Depot for some cans of Great Stuff spray foam. They ruined two autoclaves before they decided it didn’t need to be sterile.

      Liked by 4 people

  2. wpdavidd says:

    So his “strategy” is to have WordPress tell him everyone’s identities so he can throw out anyone from SC (or NC or wherever he is) and then pick 3 men and 3 women from whoever is left?

    I don’t think it works that way.

    Liked by 5 people

  3. Think about the film The Producers. He has written a play designed to play for only one night. It will be a huge problem if it does NOT close down.

    Liked by 6 people

  4. onwyrdsdream says:

    “Designed to cause trouble for…” ?

    Liked by 2 people

  5. Paul Krendler says:

    All the DOES and ROES will eventually resolve to Patrick Grady sockpuppets anyway.

    OR WILL THEY????

    Liked by 6 people

  6. I have received an email from Paul Krendler, whose real name is Peter Poe, and he lives in South Carolina. Would this mess up somebody’s case pretty well?

    Liked by 7 people

  7. agiledog says:

    I disagree, David. For Bill, the process is the punishment. He knows these LOLsuits have no chance of winning – he knows he won’t even get to discovery. He is just trying to be as big of a pain-in-the-ass as he can be. He is trying to inflict emotional distress, worry, and (he hopes) fear in people. He is evil.

    The world will be a better place when he leaves it. He is an asshole of the highest order.

    Liked by 7 people

    • paralleldino says:

      Just so.

      He’s also expressed cravings for the opportunity to question his enemies in court. A sworn witness can’t just say “screw this I’m outta here” without a good reason or potentially severe consequences sequences.

      I can’t imagine a more seductive fantasy for a malignant Narcissist.

      Liked by 2 people

      • Ashterah says:

        That didn’t go so well for him last Friday when he had the chance to do so with me. At all. Because he doesn’t understand the process in the slightest.

        Liked by 3 people

      • paralleldino says:

        It also doesn’t go so well when an alcoholic goes on a bender. But that rarely stops the craving for another drink.

        Like

    • Ashterah says:

      And he wonders why I had to get yet ANOTHER no-contact order against him.

      Liked by 3 people

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s