Can’t make this up

So there is movement today in the Schmalfeldt vs Grady et al, LOLSuit VIII. Schmalfeldt learns the hard way that the rules must be followed. After submitting his Motion to Amend for the Second Amended Complaint, the Court told him:

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In using his super doxxing powers to locate the necessary six people to satisfy the court’s order, it became clear he was not going to meet the requirements to get the case into proper form.

From his motion:

Plaintiff Schmalfeldt hereby moves this honorable Court to dismiss the John Doe
defendants named in Plaintiff’s Second Amended Complaint without prejudice, namely John Doe; Peter Poe; Randy Roe; Jane Doe; Polly Poe, and Rhonda Roe, for lack of information currently available to this Pro Se Plaintiff as to their identities as anonymous commenters on blogs operated by the named defendants in the instant case. Without subpoena power at this point, Plaintiff has no way to identify or properly serve the Doe Defendants.

At first, before the motion to amend for the SAC, he was going to send a motion to the court to ask for a subpoena. When the flood of mockery became unbearable, he decided that he was going to wait.

He needed somehow to get something in the defendant’s list, so he gave us the SAC, with the intention of using subpoena power to name the defendants. Except he forgot to attach claims to the six anonymous defendants. That generated even more lulz when the District Court intervened.

In order to expedite the process, the four defendants consented to the motion to dismiss the six anonymous defendants through their attorney for judicial expediency.

That didn’t stop our Bill, though, from claiming victory, …

… even though it was Bill who threw the tantrum last week

.. and delayed submitting the order until today.

Well done, Billy.

13 thoughts on “Can’t make this up

  1. Thought experiment.
    Just think what if the court does not grant the motion to dismiss the doe’s?

    General observation.
    Schmalfeldt, despite his oversharing about virtually everything else, has been completely silent as far as posting what the “Press Ganged Lawyer” said to him to convince him to dismiss his LOLsuit VII.

    Liked by 3 people

    • Probably one of the reasons for that is because Schmalfeldt believes the lawyer was most likely insane and unreasonable, things he’s said before about attorney’s in general. I wouldn’t be surprised if they said something to him like, “Are you stupid or something?”

      As far as the court not granting the motion, that would be funny if they issued no guidance to him on what to do next, other than getting it into proper form.

      The order was pretty straightforward: He would need to identify the Does and submit the paperwork to the Court so that the magistrate could then rule on whether it was proper and could go forward with issuing the new summons. As I understood it, he had 21 days to get it in proper form. The magistrate gave him until Sept 18th to serve any of the remaining original defendants, and if any weren’t served, they could also be dismissed.

      Since the four original defendants now have representation, and have consented to the motion, I would imagine the court will most likely approve it and then let the defendants file their motions so the next round of lulz can commence.

      Whatever happens, I fully expect Schmalfeldt to keep stepping on his crank in a firm and proper military manner.

      Liked by 2 people

      • As I understood it, he had 21 days to get it in proper form. The magistrate gave him until Sept 18th to serve any of the remaining original defendants, …

        That is correct, it is also why I do not expect to see the court to rule on any motions before August 10.

        Liked by 1 person

        • Here is part of my reasoning on why I think the court will not rule until after August 10th. The first “Proper Form oder” was issued on June 2, and bill if I remember right returned the USM-285’s within a day or two but the court took no action until June 30.

          PROPER FORM ORDER: Case to be brought into proper form by 6/23/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 6/2/2017. (prou, ) (Entered: 06/02/2017)

          ORDER authorizing service of process by clerk. Signed by Magistrate Judge Kaymani D West on 6/30/2017. (prou, ) (Entered: 06/30/2017)

          REPORT AND RECOMMENDATION: It is recommended that the district court partially dismiss the Amended Complaint in this case without prejudice to the extent that it seeks relief for alleged cyberstalking or harassment under Count I. Objections to R&R due by 7/14/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 6/30/2017. (prou, ) (Entered: 06/30/2017)

          Liked by 1 person

        • Agreed, and perhaps they’ll do the same thing. The only reason she might do it sooner is because the motion is there, and it’s been consented to, meaning it’s briefed, the defendants are represented, the case can move forward.

          So from that perspective, it might not, but I can see your point, and usually when the court gives a deadline like this, they are notorious for running the clock out.

          Like

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