Staggering

So I found this little piece of trash today:

This is Bill Schmalfeldt’s Motion To Transfer due to forum non conveniens. I have made a copy for myself, so that it can be uploaded again when he realizes how much we are laughing at him and hides it from public view as he has in the past.

I like to be prepared.

Anyway, I thought I would take a brief look at the various case law citations he has included in the motion, and gauge their relative strength relative to his desire to have the case transferred from Maryland to Wisconsin.

For the record, he cites the following cases (which I have helpfully linked):

I reviewed each of these decisions for two pieces of information, and only two pieces of information: where the initial case was filed, and where the transferee venue was located.

In Lampros v Gelb & Gelb, a suit was filed in Montgomery County, Maryland, and the Appeals court found that the proper venue was Anne Arundel County, Maryland.

In Odenton Dev. Co v. Lamy, the venue conflict was between Baltimore City, Maryland, and Anne Arundel County, Maryland.

In Payton-Henderson v. Evans, the original complaint was filed in Baltimore City, Maryland and was then transferred on appeal to Baltimore County, Maryland.

In Cobrand v. Adventist Healthcare, the suit was filed in Prince George’s County, Maryland and transferred on motion to Montgomery County, Maryland.

In Urquhart v. Simmons, a case was transferred from Prince George’s County, Maryland to Montgomery County, Maryland.

Finally, Lennox v. Mull is a case where venue was contested between Allegany County, Maryland and Worcester County, Maryland.

Now maybe it’s just me, but I see a common thread linking all the venues listed in these cases.  Maybe it has something to do with state courts, handling STATE lawsuits, having some sort of imposed geographical limits on their power…

Could be something else, though…I suppose…

Maybe someone will enlighten us on how often a state court transfers a state case out of state.  I searched for such a precedent in Maryland and didn’t find a single one.  But I didn’t search all 57 states.

Even so, I feel confident that a state punting its judicial sovereignty across the river doesn’t happen too often ever.

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Author: Paul Krendler

The Thinking Man’s Zombie

30 thoughts on “Staggering”

  1. While I don't know (or really even care about) the details of this "deep brain stimulation device" he is so fond of using as a crutch, I suspect that he's completely full of shit on the topic.

    I have a shunt installed into the ventricles in my brain to remedy adult-onset hydrocephalus; the valve is magnetically adjustable (by a medical expert - not gonna try it myself.) The shunt is no impediment whatsoever to air travel, and is utterly unaffected by metal detectors. Medical devices are necessarily more robust than that.

    Nonetheless, comparing BS's device to a cardiac pacemaker would be more apt, IMHO. And I'm pretty sure people with those fly all the damn time.

    TL;DR - Bill is trying to baffle the courts with bullshit, hoping they will take him at his word.

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  2. https://billysez.files.wordpress.com/2016/06/ashampoo_snap_2016-06-21_14h43m22s_069_.jpg

    Court has already said see you bill.

    Don't the little matter of a signed, witnessed, notarized and filed with the court an agreement that says “I submit to the jurisdiction of the State of Maryland in this matter”.

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  3. I suspect that, if you waddle up to Security at any major airport in the United States and state in a calm voice that you fear that you are unable to go through the metal detector for fear of interference with a medical implant, they will simply wave you off to a private area and do a pat-down search. It will take a bit longer, perhaps several 10s of minutes, but I can't imagine that you'd be refused entry to your flight.

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  4. In fact, I just poked around on the TSA.gov website. Took me all of about two minutes to find this on their FAQ:

    ***********
    What are the procedures if I have an internal or external medical device, such as a pacemaker or metal implant?
    Advanced imaging technology can facilitate your screening and reduces the likelihood of a pat-down. Inform the TSA officer that you have an artificial knee, hip, other metal implant or a pacemaker, defibrillator or other internal medical device. You should not be screened by a walk-through metal detector if you have an internal medical device such as a pacemaker. Consult with your physician prior to flying.

    If you choose to not be screened through the advanced imaging technology or you alarm the walk-through metal detector, you will undergo a pat-down screening.
    ****************

    Checking Expedia... assuming the flight would be from Milwaukee to Baltimore... about $250 round trip before taxes and such. That sounds like a lot less than $1200 for a sleeper car on a train.

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    1. "Consult with your physician prior to flying."

      That could be a problem...

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    2. Of course, that right there could get Hoge sued by the poor TSA son of a bitch that has to pat that quivering pile of shit down.

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  5. "DEFENDANT SCHMALFAIL'S MOTION TO TRANSFER OR DISMISS...

    ...He hereby files this Motion to Transfer Plaintiff's Case or Dismiss...

    ...In the alternative, SchmalFOOL prays this court dismiss the allegations against him raised by Plaintiff in his complaint. ..."

    (emphasis added)

    That's so queer... I read somewhere this isn't a motion to dismiss... hmmm... must have been a blithering idiot humiliating its vile self again with its rage filled, JWR fueled, 'clotted bellowing.'

    hahahahahaha

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  6. The Deranged Cyberstalker Bill Schmalfeldt has been playing his PARKINSON'S DISEASE STAGE ELEVENTY!!1!!1! ZOMG 100% DISABLED!!1!!1! card for a long, long time now (as well as providing scads of evidence and proof to the contrary).

    I have a strong suspicion his "forum non conveniens" ploy is going to open a door that is going to prove to be very, very uncomfortable for him...

    ... as in a "No Doorway Wide Enough [to escape from]" kind of uncomfortable.

    Heh. #unwarrantedhubris

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  7. Issue 1: [redacted when I realized he might not figure this one out himself]
    Issue 2: I know TSA screeners don't get a lot of love from the public but come on now. Can't/won't go through AIT or WTMD? He could be eligible for the Resolution Pat Down. I wouldn't wish that on any screener.

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  8. The absolute stupidity to think that a Maryland court will transfer a state case to another state - it just boggles the mind. He couldn't be that stupid - he is throwing shit against the wall.

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  9. I admit I find it impossible to summon up a single iota of sympathy for someone who is part of a crew that unleashed the kraken of lawfare. He is blathering about forum non conveniens, yet somehow has not yet dismissed sua sponte his lawsuits against BPO and Ash. No one is going to physically compel Willie to go to Maryland. He can keep his fat carcass free from any medical danger whatsoever simply by failing to show up in court when the case is called. And he knows this because he has already done it in quite a few jurisdictions. I believe (though I may have miscounted) he has shown he knows how not to show up in Maryland (in an earlier case) and in Arizona, Illinois (twice though it is right next door to Wisconsin), Massachusets, and North Carolina.

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  10. Given the fact the copyright case even if lost is not going to amount to much money, and he has an absolute irrefutible defense to the defamation charges (no, not the truth) I would be eager to appear and beat Hoooooooooooooge in MD. I think Hoge mentioned the defense in a blog post a while back, I will self redact details for now.

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  11. The bottom like is that Bill "Stolen Valor" Schmalfeldt is TERRIFIED of meeting Hoge in court. He knows he will be destroyed if he has to take the stand. (Can't plead the 5th in a civil trial). Of course Bill being Bill he has to resort to playing the victim instead of manning up and facing his misdeeds. Plus he probably has an inkling by now that his "associates" have no great love for him now that his usefulness is fading. He knows there is a steamroller headed for him with the other 3 assholes steering it.

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  12. As I thought about this more this morning, I realized this was more evidence of the "Cargo Cult" thinking by Bill Schmalfeldt. He mimics the pleadings of others (this one was too well written to be his original work), without the understanding of just what is being done, and what is going on that he can't see. There is NO WAY someone with any real knowledge of the legal system would think that a Maryland state judge is going to transfer a Maryland state lawsuit to another state. He has no legal authority to do so. The Wisconsin courts have no legal authority to hear the case. Since it is a Maryland state case (filed by a Maryland resident in the Maryland courts), it would have to be run according to the Maryland state court rules, and they (the Wisconsin courts) have no experience or authority to do so. Does Bill really think he is such a genius that such a request is going to establish new law in this country? Or is he really that uninformed about the workings and requirements of the various legal systems? Cargo Cult, indeed.

    Besides that, Mrs. Lincoln, how was the play? : Arguing that it is for his convenience to move the case to Wisconsin would inconvenience all other litigants. Staying in Maryland, at lease two of the participants are local - if moved to Wisconsin, only he is local. So it fails at logic there too. Quell surprise...

    And inconvenience is not listed as grounds for dismissal in any venue in the country. A motion to "transfer or dismiss" is gonna make a judge (if the clerk ever lets him/her see it) LOL at the stupidity.

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    1. Not to mention that Bill is being sued for violating the laws of Maryland. A Wisconsin court may not have the same laws, and even if they did, they could not legally rule on laws broken in another state.

      You would think that fat ass would know this after hilariously trying to sue you for a tort that doesn't even exist in WI.

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      1. To be factually accurate, Bill did NOT sue me (or David Edgren for that matter) in the LULZSuit VI. Strange, that.

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        1. It's the little things like this, which he tries so hard to explain away as some magnanimous display of compassion, that betray the fear and self-awareness that lurk just below the surface of his consciousness.

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  13. I have a speculation to propose, namely this:

    When Team Kimberlin talk amongst themselves, most of their talk REQUIRES the delusion that they are competent, respected, deserving members of society. In actuality of course, one is a convicted felon who spent years locked up. Another bounced from one job to another, and after sixty years is unemployed and unemployable. Have the other two ever done anything of note?

    I am guessing that their dialogue consists of hey I have a great idea and the others confirming every inane illusion spouted by one of the others. To criticize, even with most constructive and friendly of intentions, what another says would rend the myth that they are competent. Each individually may be able to stumble through life, but stumbling over each other just results in all falling.

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    1. Osborne has the great distinction of having been in a very high demand MOS in the Army of Arabic Translator and still couldn't manage to make it past E4 in 10 years, so he has that going for him. Plus he says the child porn that got a man thrown in federal prison "wasn't so bad". Which would indicate he'd seen it, and had seen enough other child porn to make a comparison. Ferguson has the distinction of being even less accomplished than Osborne.

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  14. I have never known a single person to put so much of their life history on the net. There are public records now for everything, and very soon, his entire medical history might be public knowledge. He does realize that people want to screw up his life, and that information is power, right?

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    1. Speaking for myself, I have no wish to screw up his life. I merely wish for his intimidation tactics to never again be able to be used against another person. To that end, I highlight what he writes publicly and ridicule it - providing ammunition for those he wishes to frighten into submission in the future. Sunlight is the greatest antiseptic, and Bill Schmalfeldt has proven that he HATES it.

      I always know when I've hit upon something that he thinks is the greatest thing ever to get his way when he responds to being called an idiot for trying that tactic with vile sexual slurs against me. And if yesterday's antics of his prove anything, it's that I hit him where it hurts. Good. It only shows him for what he is.

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  15. At the young age of 61 he is too disabled? lololol
    Bet she could kick his ass.

    https://www.youtube.com/watch?v=GOci_YhOzdI

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