Now That It’s Too Late…

Might as well educate the monkey.

See, Maryland has a bunch of these rules that they use to govern and control how civil lawsuits are conducted.  One of them is Rule 2-322. It shows how preliminary motions should be filed, and what defenses are proper. Section (a) says:

(a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived.

What that means in DUMBFUCKSPEAK is…if you file a motion to dismiss, there are 4 defenses which can only be used in that motion to dismiss: lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process. If your motion to dismiss does not include those defenses, and you file an answer, then you cannot use those defenses. Ever.

Our good pal DUMBFUCK filed a motion to dismiss.  His defense was “lack of personal jurisdiction.”

That motion was denied.

Now there is also section (b) which reads:

Permissive. The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity. If not so made, these defenses and objections may be made in the answer, or in any other appropriate manner after answer is filed.

This means there are 5 defenses that are permitted at one of three junctures:

  1. a motion to dismiss prior to an answer,
  2. in the answer itself, or
  3. in any other appropriate manner AFTER an answer is filed.

Those defenses are lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, discharge in bankruptcy, or governmental immunity.

They don’t have to be included in a motion to dismiss, but if they are not, the only other options are IN an answer or AFTER an answer. So if you DON’T put them in a motion to dismiss…you MUST file an ANSWER to be able to use these defenses.

This is going to cause a most popcorn-worthy problem later.

The next three sections are not germane to this particular discussion for reasons that non-DUMBFUCKS will find painfully obvious.  I won’t go into detail, but here are sections (c), (d) and (e):

(c) Disposition. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501.

(d) Motion for More Definite Statement. If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

(e) Motion to Strike. On motion made by a party before responding to a pleading or, if no responsive pleading is required by these rules, on motion made by a party within 15 days after the service of the pleading or on the court’s own initiative at any time, the court may order any insufficient defense or any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety.

Finally, there is section (f):

Consolidation of Defenses in Motion. A party who makes a motion under this Rule may join with it any other motions then available to the party. No defense or objection raised pursuant to this Rule is waived by being joined with one or more other such defenses or objections in a motion under this Rule. If a party makes a motion under this Rule but omits any defense or objection then available to the party that this Rule permits to be raised by motion, the party shall not thereafter make a motion based on the defenses or objections so omitted except as provided in Rule 2-324.

Now here, we need to go back to DUMBFUCKESE. A party making a motion to dismiss under this rule (using any of the defenses in sections (a) or (b)) is permitted to join it with any other motions available at the time.

DUMBFUCK has not done that.

If a party files a motion under this rule, but LEAVES OUT ANY DEFENSE OR OBJECTION THAT IS AVAILABLE UNDER THIS RULE, the party SHALL NOT MAKE A MOTION BASED ON ANY DEFENSE OR OBJECTION that the party COULD HAVE MADE IN THE PRIOR MOTION, except as provided by rule 2-324.

In shorter words, for extra speshul snowflake DUMBFUCKS, this means you get one motion to dismiss.

ONE.

IT WAS DENIED.

TICK-TOCK WENT THE CLOCK.

Oh, but wait! What about rule 2-324? There’s an exception there!  So let’s have a look-see.

(a) Defenses Not Waived. A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits.

(b) Subject Matter Jurisdiction. Whenever it appears that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

Basically a list of defenses and objections that are not waived and can be made in certain circumstances.  They are common with the defenses which may be used WITH an answer or AFTER an answer is filed. Note that Rule 2-501 governs motions for summary judgment, so at this point it does not apply.

Sadly, none of these defenses are available to our good pal DUMBFUCK in a motion to dismiss.

BECAUSE YA DON’T GET A SECOND MOTION TO DISMISS, YA DUMBFUCK!

TICK TOCK WENT THE CLOCK.

One motion to dismiss: DENIED.

Second motion to dismiss:  IMPROPER.  NOT ALLOWED.  A NULLITY.

Third motion to dismiss:  IMPROPER.  NOT ALLOWED.  A NULLITY.

AN IGNORANCE, WRAPPED IN A FUCK-UP, STUFFED IN A STUPIDITY, GARNISHED WITH A BOW OF IDIOCY THAT CAN’T BE BOTHERED TO READ THE RULES, MUCH LESS UNDERSTAND OR FOLLOW THEM.

Judge’s order denying the motion: filed June 9th.

TICK TOCK WENT THE CLOCK.

15 days pass to file an answer (see Rule 2-321 below). Then 3 days more as a courtesy (to allow for service of the judge’s order by mail).

TICK TOCK WENT THE CLOCK.

June 27th. The deadline for filing a responsive answer.

On that date, DUMBFUCK VIOLATED THE RULES IN AN ENTIRELY DIFFERENT CASE IN WISCONSIN WHERE HE IS ALSO GETTING HIS FAT ASS HANDED TO HIM.

TICK TOCK WENT THE DEFAULT CLOCK.

Wait, what?  Default?

Yes.

Because there is one more rule to examine, and that’s rule 2-321 – Time For Filing an Answer:

(c) Automatic Extension. When a motion is filed pursuant to Rule 2-322 or when a matter is remanded from an appellate court or a federal court, the time for filing an answer is extended without special order to 15 days after entry of the court’s order on the motion or remand or, if the court grants a motion for a more definite statement, to 15 days after the service of the more definite statement.

If a 2-322 motion is filed, and the court makes an order on the motion, the time to file an answer is extended by 15 days after the judge’s order is entered.

TICK TOCK WENT THE CLOCK.

BOOM.

All is proceeding as any idiot who can read English could have foreseen.

BUT NOT A DUMBFUCK. NOPE.

Because FOCUS!!!!

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Author: Paul Krendler

The Thinking Man’s Zombie

22 thoughts on “Now That It’s Too Late…”

  1. He was repeatedly told to read the fucking rules, all of them without stopping at the points that made his nipples erect.

    Fuck you, Schmally, you stupid malevolent asshole. And your stupid, malevolent friends.

    Like(11)Dislike(0)
    1. Indeed, AJ. And, this is what just slays me the most...

      "All is proceeding as any idiot who can read English could have foreseen."

      Okay. We all get it... the Deranged Cyberstalker Bill Schmalfeldt is an idiot. A real, mentally-challenged nutbag. A certifiable dumbass. Stupid as the day is long. Blah, blah, blah.

      BUT... where were ALL of his "excellent friends" and associates?

      ESPECIALLY THE ONE who... you know... ACTUALLY LIVES IN MARYLAND and has made using the MARYLAND JUDICIAL SYSTEM AND ITS RULES HIS FULL-TIME PROFESSION!

      What? No love from his "excellent friend" Brett "The Speedway Bomber" Kimberlin -- THE VERY BRETT KIMBERLIN whom Bill Schmalfeldt has sworn his life-long devotion to (and, all BS has to show for it is a pair of 4XL "Team Kimberlin" panties and a world of hurt from good-and-decent folks who have opted to fight back against his "I Heart Brett Kimberlin" campaign of abuse, threats, and harassment).

      BK didn't bother himself to explain these rules to BS? BK didn't bother himself to help BS defend himself against this lawsuit? BK's co-defendant? His devoted rectal mouthpiece?!

      There are only two possible explanations here that I can come up with:

      (1) The Domestic Terrorist Brett "The Speedway Bomber" Kimberlin is just as big of a Dumbfuck as the Deranged Cyberstalker Bill Schmalfeldt and doesn't understand any of the rules either; or (AND),

      (2) Brett Kimberlin HATES Bill Schmalfeldt and just loooooves watching BS go down in flames.

      Burn, fat man, buuuuurn!

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    2. What amazes me is he sat there and watched WJJH file for default on BK & TK--for failure to file an answer--and did nothing. It's red! Va-room....Va-roooooom!!!!!

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  2. He was repeatedly told that his primary fatal flaw was "Now comes Plaintiff/Defendant Bill Schmalfeldt", but he didn't listen. Let him now pay the price.

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  3. Wow Krendler, you sure make a lot of sense for someone with a rotted brain. I wonder how big of a DUMBFUCK you'd have to be to NOT get these simple rules?

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  4. And I just want to point out a simple thing: it took a Federal Court judge 296 days to rule on my motion to correct a simple factual error in LULZsuit V, and there wasn't even an opposition filed. But Bill got his panties in such a twist that he had to violate the court's moratorium on new filings when he waited 96 days. He just doesn't like being told "No.", does he?

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    1. No. He doesn't. Because he is SOOOOOOO important. That he MUST be answered. MUST get what he wants. MUST. MUST. MUST!

      I have a nicely manicured middle finger that I use to show my disdain for that sort of attitude, you know.

      Like(5)Dislike(0)
  5. If the MTD and its corresponding supplemental MTD (that was requested that we be allowed to make when filing the original MTD and granted by the judge) that we made in his LOLSuit against us made him think he could get away with two MTDs in THIS case? Oh. Oh my.

    Bwahahahahahahaaahahahahaaaaaaa!

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    1. No, you're giving him too much credit. He just thinks the rules are what he wants them to be, and behaves accordingly. If he wants to file multiple motions to dismiss, by golly, he'll file multiple motions to dismiss. So what if it is against the actual rules?

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  6. I am still quite amused. Willie has even yet not figured out what John found convenient in mailing those documents to Willie rather than making them available electronically. Having Witless distracted by the few days' delay in seeing John's opposition induced Willie to waste the last few days available for writing and filing an answer. Instead Witless wrote yet another ridiculous motion and, because he had his panties in a knot about delay, wrote an improper letter to the judge in his other case. Having Witless Willie default was very convenient to John.

    John has foreseen that it is easy to make a DUMBFUCK engage in DUMBFUCKERY.

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  7. Bill should REALLY get a lawyer, NOW. It won't be cheap, but it's cheaper than the alternative. The ram has touched the wall.

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    1. Too late. He should scrape all available funds into a pile. It'll be more convenient that way, when the judgment comes down, to turn it over to Professor Hoge.

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      1. Don't discourage him from seeing a lawyer.

        You would cheat a hard-working, PBR-drinking, Milwaukee lawyer out of the belly laugh of a lifetime!

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  8. As an IT manager, I've hired multiple wet-behind-the-ears kids to work help desk for me. The biggest problem is that they think they know everything already, and worse, they set out to prove it. It isn't until a royal screw-up that they realize maybe I have something to teach them about how things work and how to approach their jobs.

    Unfortunately, the Big BM isn't able to muster the humility required to even consider that he doesn't know everything. Humiliation doesn't necessarily lead to humility.

    Like(4)Dislike(0)

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