This is one reason I blog about him.
I was thinking about what Bill Schmalfeldt said over the twitterz in reference to comments I made on a post over at Paul Krendler’s Thinking Man’s Zombie and his attempt to “correct the record” while making new threats.
Here’s his response to my comments:
The first lie is that he says he’s not running. He knows that John Hoge is looking for him to account for his actions. If Schmalfeldt is the “better” man, wouldn’t the honorable thing to do is face Hoge and bring to an end all the disagreements so he can move on? If not, then he’s running away. Why try and keep everything a secret if he’s not a coward, since those are his rules.
The second lie is that I and others are stalking him. He tweeted on a publicly accessible platform he was traveling by bus for a new opportunity. He made tweets with pictures during various points while taking shots at those he claims were stalking him. I know that I didn’t leave the confines of my city of residence to go looking for him, but it’s hardly stalking if he overshares on Twitter.
Oddly enough, he has stated over and over that I am committing libel by blogging he’s faking his Parkinson’s Disease, despite the fact he is providing the contradictory evidence. Notice in this exchange that he doesn’t deny my statement.
The third lie is while he says he sued Hoge et al , he lost because of technicalities.
Actually, in two suits, he dismissed the cases on his own volition: The first one just a day after filing the initial complaint, and the fifth one because he says he wanted to move on with his life after his wife died.
In fact, in LOLSUIT V, it became clear that not only were defendants not being intimidated, rolling over and begging Schmalfeldt for mercy, he had a sudden change of heart. It was true that his wife passed away a couple months prior, but he chose to keep on fighting until abruptly, decided to end it.
Was it because David Edgren might succeed in his motion challenging Schmalfeldt’s IFP status, or was it because Hinckley filed counter-claims and could force the case to trial, which we all know when it comes to showing up for court, Schmalfeldt would rather not if he can’t talk his way out it, considering how anxious he is to get everyone on the stand and answer the hard questions?
Makes you wonder when he filed a peace order in Maryland against Patrick Grady, who was living in Illinois, and why Schmalfeldt chose not show up for his own petition. Grady showed up. Schmalfeldt was nowhere to be seen, instead hiding behind his computer and trying to explain his cowardice.
At any rate, Schmalfeldt chose to have LOLSUIT V dismissed with prejudice, essentially conceding the case had no merit, but effectively rendering any claims made by the defendants as true.
In one claim from that suit, Schmalfeldt states that a comment made by “Roy Schmalfeldt” falsely claimed he was rapist. By dismissing with prejudice, he gave up the right to pursue all claims from the complaint in the future.
He didn’t have to, considering he believes that his ACME School of Law legal credentials are superior to Yale educated attorney, Aaron Walker, who, coincidentally and purposefully, pummeled Schmalfeldt in LOLSUIT VI filed in Wisconsin. Aaron, I’m sure, was not happy having to face an intellectual cripple, but this is Schmalfeldt we’re talking about.
In the suit filed in Illinois, dubbed LOLSUIT VII, in an attempt to rectify pro-se jurisdictional issues, Schmalfeldt was granted the legal assistance of a reputable law firm under the district courts local rules. Despite his bravado about having a distinguished law team on his side, the attorney on the case couldn’t run to the judge fast enough to have the case dismissed.
Funny, he never shared why the attorney dropped him like a ball of plutonium. Wonder what that technicality was about?
Answer: Butthurt is not a tort, although the team here at Sonoran Conservative has not been able to verify that was actually said by the firm.
As far as the remaining suits, he didn’t lose on a technicality. One of the things you must show in a complaint is that you have jurisdiction to file the suit. He couldn’t make a satisfactory argument that he could sue in those courts. While it’s true the merits of the claims were not adjudicated, if you cannot file a complaint that will result in a trial where judgement is in your favor, chances are your claims are without merit.
There is a reason ACME Law School graduates so many failures. And Schmalfeldt graduated at the bottom of his class (according to sources.)
The fourth lie: He says that Hoge sued him for Copyright Infringement and that all Hoge got was the back of Schmalfeldt’s hand.
History, though, tells a very different story. Schmalfeldt and Hoge went to arbitration and both signed an agreement that they would no longer use material from the other’s websites. In that agreement, they both stipulated that the party who violated the agreement would be subject to legal redress.
Hoge also shared that he hoped Schmalfeldt would give him no reason to pursue any other actions against him, but we all know how that turned out.
Schmalfeldt violated the agreement shortly thereafter, claiming that Hoge secured yet another peace order based on lies. His line over the years has been that he believed Hoge would not pursue the peace order, but Schmalfeldt would not stop his harassment.
What Schmalfeldt failed to understand is that the copyright suit had nothing to do with his harassment of Hoge. And for good reason: Schmalfeldt’s has a history of not telling the truth and being dishonest. And it proved Hoge correct – Schmalfeldt predictably (as Hoge had foreseen) violated the agreement in short order.
If Schmalfeldt truly believed that Hoge would not prevail, he could have declined arbitration and let the proceedings go forward, and possibly to trial, which we all know Schmalfeldt loves going to trial.
Back of Schmalfeldt’s hand? The only thing on the back of Schmalfeldt’s hand is more butthurt from his own doing, or perhaps something more vile. Schmalfeldt sabotaged his own agreement. That’s on him.
The last lie is that in Hoge v. Kimberlin et al, he said he didn’t even have to show up and the judge ruled against Hoge for all charges.
In fact, there was two orders to appear issued to Schmalfeldt for him violating court rules on recording his testimony remotely. On the first one, when Schmalfeldt stated that if he was forced to endure a bus ride for the 10 or so hours it would take to come to court, he would sue the judge and the state of Maryland for violations of the American Disability Act.
So he chose not to appear. Judge Hecker was not amused and issued a second one, this time for the first day of trial. Schmalfeldt, once again, chose not to appear and since it was also the start of the trial, which, based on Schmalfeldt’s ACME Law classes should have been booted long before, that meant he wasn’t going to face Hoge MANO-A-MANO in court and give Hoge the back of his hand once again on the stand.
The judge ultimately chose not to sanction Schmalfeldt, and allowed him to have his testimony read before the court by his excellent friend and defendant Brett Kimberlin. Hecker only ruled against Hoge because the counts where there was a finding of fact in Hoge’s favor, Hoge could not prove damages, and so the judge ruled in favor of the defendants.
So it is true that Schmalfeldt came away unscathed., but it was not because he didn’t have to show up. Schmalfeldt CHOSE to ignore a legally binding court order, something he doesn’t say which is a huge lie.
In LOLSUIT I and V, he dismissed those cases on his own, not even getting to a technicality ruling.
LOLSUIT VII, was dismissed because the law firm couldn’t run away fast enough.
The others didn’t get past motions to dismiss because of his reliance on the ACME School of Law.
In just his one response to me, Schmalfeldt lied FIVE times. Can you imagine reading all the nonsense he’s ever written and try to count the other times he’s lied? You’re going to need to another abacus.. or twenty.
He didn’t have to say anything because nothing I said was untrue. In fact, he didn’t have to even go to Paul Krendler’s site since he wants to move on and forget about the Lickspittles breathing.
If he truly wants all this to go away and not have anyone report on what he shares on the internet of his own free will, then he can make the choice to just not go to the sites reporting on him. And if he does, he can just choose not to engage. Pretty simple, really.
And that’s the real lie: He doesn’t want to move on. He doesn’t want to live in peace because he thinks he is better than everyone else and can conquer all of his enemies.
Correction: It was written that Scott Hinckley was about to file counterclaims in LOLSUIT V when he in fact did file those claims, although after Schmalfeldt filed his motion to dismiss the case and before the judge had ruled. When the judge issued the order to close the case, it stated that no defendant had filed and answer. Hinckley filed and was granted a motion correcting the record. A minor change was made to the paragraph reflecting these events.