Professional Documents
Culture Documents
strengthened by the adoption of the FAC as the operative complaint, because the FAC alleges
fewer contacts with Wisconsin than the original complaint.1
In addition to those arguments, this Supplement seeks to have this case dismissed for two
additional reasons. First, the time during which the Plaintiff could have served any Defendant
has passed. Second, the Plaintiff has failed to state a claim for which relief can be granted.
Specifically, there is no such thing as false light invasion of privacy in Wisconsin law, and the
Plaintiff has failed to properly allege misappropriation of name or likeness, or defamation. For
each of these reasonssubject matter jurisdiction, personal jurisdiction, insufficient process,
failure to provide timely service of process and failure to state a claimthe FAC should be
dismissed.
I.
WISCONSIN DOESNT RECOGNIZE A CAUSE OF ACTION FOR FALSE LIGHT
INVASION OF PRIVACY
The easiest matter to dispose of is the claim for false light invasion of privacy. Simply
put, it doesnt exist in Wisconsin law. Wisconsin does not recognize false light invasion of
privacy. Ladd v. Uecker, 323 Wis. 2d 798, 780 N.W.2d 216, 221 (Wis. App. 2010); see also
Zinda v. Louisiana Pacific Corp., 149 Wis.2d 913, 928-29 (Wis. 1989) (noting that the tort of
invasion of privacy was created statutorily and that false light was omitted from the statute).
Accordingly, all claims for false light invasion of privacy must be dismissed.
Further, this Court can only consider the declarations of Mr. Johnson and Mrs. Palmer in
relation to whether personal jurisdiction exists in this case. Under Purdue Research v. SanofiSynthelabo, S.A., 338 F.3d 773, 782-83 (7th Cir. 2003) once the defendant has submitted
affidavits or other evidence in opposition to the exercise of jurisdiction, the plaintiff must go
beyond the pleadings and submit affirmative evidence supporting the exercise of jurisdiction.
The Plaintiff has failed to oppose the Defendants motion to dismiss for lack of jurisdiction, and
the Defendants Motion to Dismiss for Lack of Jurisdiction included declarations refuting many
of the Plaintiffs claims related to jurisdiction.
2
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II.
THE PLAINTIFF HAS FAILED TO PROPERLY ALLEGE A CLAIM BASED ON
MISAPPROPRIATION OF NAME OR LIKENESS
The Plaintiffs cause of action for misappropriation of name or likeness is the most
absurd he attempts to make. After spending forty paragraphs in the FAC alleging that the
Defendants have essentially trashed his reputation, the Plaintiff suddenly decides that one of the
Defendants is trading on his good name.
Invasion of privacy by misappropriation of name or likeness is defined in Wis. Stat.
995.50(2)(b) as follows:
The use, for advertising purposes or for purposes of trade, of the name, portrait or
picture of any living person, without having first obtained the written consent of
the person or, if the person is a minor, of his or her parent or guardian.
The Plaintiffs claim that Sarah Palmer has violated this statute is frivolous for six reasons.
First, his allegations are purely conclusory. See, e.g., Ashcroft v. Iqbal, 556 U.S. 662,
681 (2009) (It is the conclusory nature of respondents allegations, rather than their
extravagantly fanciful nature, that disentitles them to the presumption of truth).
Second, the tort of misappropriation of name or likeness cannot be used to suppress
protected expression. See Stayart v. Google Inc., 710 F.3d 719 (7th Cir. 2013) (noting that the
statute must be construed narrowly and not used to curtail the right of free speech, or free
press). For this reason, the common law has developed an incidental use exception in cases
such as Habush v. Cannon, 346 Wis.2d 709, 717 (Wis. App. 2013):
The common-law doctrine of incidental use prevents the Subsection (2)(b) tort
from being applied to minor or trivial uses of another persons name, or in
publications with news or other literary or entertainment value, which do not
exploit the commercial value associated with a living persons name. The words
unreasonably invaded should not be construed any broader than necessary to
keep these incidental uses from the statutes reach.
This is in line with how other states have interpreted the same cause of action. For instance, in
3
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Lawrence v. A.S. Abell Co., 299 Md. 697, 703 (1982), Marylands highest court applied the
incidental use doctrine as follows:
The fact that the defendant is engaged in the business of publication, for example
of a newspaper, out of which he makes or seeks to make a profit, is not enough to
make the incidental publication a commercial use of the name or likeness. Thus a
newspaper, although it is not a philanthropic institution, does not become liable
under the rule stated ... to every person whose name or likeness it publishes.
The Plaintiff has failed to allege that non-incidental uses have occurred. Thus, the Plaintiff is
attempting to do in this case what the incidental use exception is designed to prevent: the use of
the misappropriation tort to suppress news, commentary, and criticism of the Plaintiff that he
doesnt like.
Third, the Plaintiffs most basic error is that there is no cause of action for such
appropriation unless someone is using the Plaintiffs good reputation for his or her economic
benefit:
As comment c to this section [in the Restatement (Second) of Torts 652C]
explains [i]n order that there may be liability under the rule stated in this Section,
the defendant must have appropriated to his own use or benefit the reputation,
prestige, social or commercial standing, public interest or other values of the
plaintiffs name or likeness.
Hannigan v Liberty Mutual, Case No. 98-2643 (Wis. Ct. App., Aug., 1999). For instance, if
Nike sold Air Jordans emblazoned with the familiar silhouette of retired basketball player
Michael Jordan without Mr. Jordans permission, he would have a cause of action against Nike
because the company would be taking advantage of his enduring good reputation as an athlete to
sell its athletic shoes. However, that isnt what the Plaintiff has alleged in this case. In this case,
the Plaintiff hasnt claimed that Mrs. Palmer has taken advantage of his good name; he alleges
that she (and others) ruined his allegedly good name and allegedly made money in the process of
doing so. That simply isnt what the tort is about.
4
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Fourth, the Hannigan court found there can be no misappropriation of name or likeness
unless the Plaintiffs name has value as follows:
Because Hannigan has alleged no publicity value of his namethat is, no
reputation, prestige, social or commercial standing, public interest or other value
of his name-and no purpose of commercial exploitation on the part of any
defendant, the allegations of the complaint are insufficient to state a claim under
895.50(2)(b).
Not only has the Plaintiff equally failed to allege such publicity value in his name, but also, upon
information and belief, there is no such value.
Fifth, the statute requires that such misappropriation be for advertising purposes or for
purposes of trade. The sole attempt the Plaintiff has made to meet this requirement is to allege
that Mrs. Palmer has a donation button on her website in paragraph 45 of the FAC. However,
that is not a use for trade purposes as a matter of law.
Costanza v. Seinfeld, et al., 693 N.Y.S.2d 897 (N.Y.Sup. 1999) affd. as mod., 279 A.D.2d
255, 719 N.Y.S.2d 29 (1st Dept.2001) is instructive on this point. Although it is a New York
case, the Seventh Circuit has noted that
In drafting section 995.50, the Wisconsin legislature used New Yorks privacy
statute as a model. Judith Endejan, Comment, The Tort of Misappropriation of
Name or Likeness Under Wisconsins New Privacy Law, 1978 WIS. L.REV. 1029,
1034 & n. 30 (1978). The text of subsection 995.50(2)(b) duplicates nearly
verbatim New York Civil Rights Law 50, so [c]ase law under the New York
privacy statute may be particularly useful because subsection (2)(b) was modeled
after the New York law. Id. at 1041 (internal citations omitted). Sound analysis
of Wisconsin privacy law as codified in section 995.50 therefore includes
consideration of the developing common law of privacy in Wisconsin, as well as
in other jurisdictions, especially in New York.
Bogie v. Rosenberg, 705 F.3d 603, 610 (7th Cir. 2013).2 Accordingly, this Court should, in
seeking to interpret [Wisconsins] law as we predict the states highest court would, id. at 610,
take developments in New York law as persuasive authority.
In the Seinfeld case, Michael Costanza claimed that the character George Costanza on the
popular sitcom Seinfeld was based on him, and, therefore, the show continually misappropriated
his name and likeness.3 The Seinfeld court found in favor of the defendants, however, because
the use was not for advertising or trade purposes as follows:
defendants note the limited nature of the relief provided by Civil Rights Law 50,
51. It extends only to the use of a name or likeness for trade or advertising. ... In a
case similar to this lawsuit involving the play Six Degrees of Separation, it was
held that works of fiction and satire do not fall within the narrow scope of the
statutory phrases advertising and trade. ... The Seinfeld television program
was a fictional comedic presentation. It does not fall within the scope of trade or
advertising[.]
If the creation of Seinfeld, which was once the top-rated hit on American TV4 and which today
one can buy the entire series for around $75 on DVD,5 is not considered to be a use for purposes
of trade, then certainly the creation of a tiny blog which uses the Plaintiffs name as it freely
mixes news, commentary, and criticism surrounding the Plaintiffs activities doesnt suddenly
or for the purposes of trade, the name, portrait or picture of any living person
without having first obtained the written consent of such person, or if a minor of
his or her parent or guardian, is guilty of a misdemeanor.
As this Court can see, the language from for advertising purposes to parent or guardian is
precisely the same as the language found in Wis. Sta. 995.50(2)(b).
3
Although this might qualify as common knowledge, Seinfeld was a popular sitcom that ran
from 1989 to 1998 on NBC television. The four main characters were Jerry Seinfeld, George
Costanza, Elaine Benes, and Cosmo Kramer, and nearly every episode focused on the
misadventures of those four principal characters. See generally Internet Movie Database:
Seinfeld, available at http://www.imdb.com/title/tt0098904/.
4
Gerard ODonovan, et. al, The 10 Best Sitcoms of All Time, THE TELEGRAPH, Nov. 10, 2015,
available at http://www.telegraph.co.uk/culture/tvandradio/10121664/The-10-best-TV-sitcomsof-all-time.html.
5
See Seinfeld: The Complete Series, available at http://www.amazon.com/Seinfeld-TheComplete-Series-Jerry/dp/B00EIJTLK4 (listing the price of the DVD box-set of the entire series
as around $75).
6
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become for trade purposes when there is a donation button that people might or might not hit.
Sixth, and finally, the Plaintiff has made no proper allegation as to how he has been
damaged by the alleged use of his name and likeness or how Mrs. Palmer proximately caused
such damage.
Any one of those flaws would be sufficient to prevent any cause of action for
misappropriation of name or likeness. This motion has outlined six of them. Therefore, the
Plaintiffs claim for invasion of privacy by misappropriation of his name or likeness should be
dismissed.
III.
THE PLAINTIFF HAS FAILED TO PROPERLY ALLEGE DEFAMATION
Turning to defamation, the Plaintiffs failures in this regard are legion. First, when the
alleged statements are examined in context, the statements are often not actually about him.
Second, the Plaintiff never properly alleges all of the elements of defamation in relation to any
alleged statementparticularly falsity, state of mind, or damages.
statements that appear to be about him are actually true, substantially true, or protected opinion.
For all of these reasons, the Plaintiffs defamation claims should be dismissed for failure to state
a claim.
A.
Many of the Statements Cited By the Plaintiff Are Not Actually About Him.
Under Wisconsin Law, a Plaintiff claiming defamation must show the following:
(a) a false and defamatory statement concerning another;
(b) an unprivileged publication to a third party;
(c) fault amounting at least to negligence on the part of the publisher; and
(d) either actionability of the statement irrespective of special harm or the
existence of special harm caused by the publication.
7
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See, e.g., Van Straten v. Milwaukee Journal Newspaper-Publisher, 151 Wis.2d 905, 447 N.W.2d
105, 108 (Wis. App. 1989). In this case, the Plaintiff has repeatedly stumbled on the first
requirement: that it be a statement about him.
For instance, in FAC 22, the Plaintiff claims that Defendant Johnson wrote the
following about the Plaintiff (allegedly writing as BusPassOffice)with apologies for the
language:6
It maybe [sic] the guy who tied up those boy scouts and raped them repeatedly as
described in his last unsold album that no one except a judge and a jury are going
to listen too.
Nice touch about peeing on them, classy and pornographic kiddie rape fantasies.
[W]onder how thats going to play in court with three raping boyscout [sic]
fantasies now produced?
The Plaintiff claims that this discussion can be found at the following Internet address: http://
thinkingmanszombie.com/2015/09/good-morning-dumbfuck-96/. Attached as Exhibit A is a true
and correct copy of the piece found at that address and the attached comments.7
When examined in the context, it doesnt appear that the comment quoted in FAC 22 is
actually about the Plaintiff. For one thing, the Plaintiffs name is never used in the post. Further,
judging by the nesting of the comments,8 the statement attributed to Defendant Johnson appears
to be in response to this comment by a person writing as Rob Crawford:
This will be a recurring problem throughout this memorandumit is not practical to shield this
Court from all of the coarse language involved.
7
Documents such as this can be considered without converting this into a Rule 56 motion for
summary judgment because they are documents that are central to the complaint and are
referred to in it, Williamson v. Curran, 714 F.3d 432, 436 (7th Cir. 2013).
8
This website, like many, allows people to respond to specific comments, displaying the reply as
indented on gradation further than the comment it is referring to. This practice is known as
nested comments, and it allows people to engage in conversations apart from or tangential
from the piece it is attached to.
8
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Has anyone identified the lawyer hes working with? You know, the guy with an
investigative team willing to work for old mayo jars, but not able to compose a
simple letter?
Thus, when this BusPassOffice writes that[i]t maybe [sic] the guy who tied up those boy
scouts..., he is plainly referring to this unidentified lawyer working with an unidentified third
party. Therefore, that statement is not about the Plaintiff.9
Similarly, in FAC 23, the Plaintiff claims that Defendant Johnson made another
comment about him:
our [sic] favorite above it all is raping more boy scouts in audio fantasies, thank
goodness he actually admits it
Oh and hes harassing Lynn Thomas from his rent assisted senior home and
ever[y]one sent this to the management:
@dirtyschnitzel
Like with last quoted passage, the Plaintiff claims that this passage comes from a particular web
page (found at http://hogewash.com/2015/09/29/team-kimberlin-post-of-the-day-933/), and a
true and correct copy of the page referred to is attached as Exhibit B. Further, as with the
previous alleged quote, there is no indication who this writer is talking about. The subject of the
post is an unidentified person named Kimberlin (upon information and belief, Brett
Kimberlin). But in terms of Mr. Johnsons alleged comment, the only thing the reader knows
about who is referred to in the passage is that the person 1) is having vile fantasies involving boy
scouts and 2) is harassing a person named Lynn Thomas.10 Is the Plaintiff confessing that he has
done both? If so, then these statements are not defamatory. If he is not confessing, however,
then how does the Plaintiff know this is about him? More to the point, what has he alleged to
9
indicate that the statement is about him? Having failed to establish that this is a statement about
the Plaintiff, the FAC has failed to state a cause of action in relation to it.
The Plaintiff also does his Carly Simon routine11 in FAC 24, the Plaintiff apparently
thinking that this statement, allegedly by Johnson, was about him:
If he really sent that email, then he confessed to sending material that can be
considered child porn audio, if he didnt send the email, he demonstrated that it is
or can be considered child porn.
Once again, the Plaintiff claims this passage comes from a particular web page (https://billysez.
wordpress.com/2015/10/14/so-lemmie-get-this-straight-here/), and a true and correct copy of that
page is attached as Exhibit C. This Court can see that there is no indication whatsoever that the
he in that passage refers to the Plaintiff.
With the next example, it is clear that the alleged statements by Mr. Johnson are not
about the Plaintiff, and the Plaintiff appears to have selectively edited the comment to obscure
that fact. Specifically, in FAC 25 the Plaintiff attributes a long passage to Mr. Johnson that
begins as follows:
Do you know this guy: He is a creepy sta[l]king harassing child porn producer:
He violated the hatch act hundreds of times
He lied to people on XMfan who threatened to report it saying he had extra super
secret permission to do so
The passage goes on listing a large number of immoral acts by the person only identified as this
guy. The Plaintiff has claimed once again that the statement is from a specific web page (http://
thinkingmanszombie.com/2015/10/please-welcome-our-not-so-new-staff-contributor/),
and
true and correct copy of the page is attached as Exhibit D. If this Court examines the comment
11
See, Carly Simon, Youre so Vain, on THE BEST OF CARLY SIMON (Warner Bros. Uk 2008)
(singing to an unidentified former lover that youre so vain, you probably think this song is
about you).
10
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in context, it will see that it is a comment attached to a piece where the main author (identified as
Paul Krendler) is introducing an obviously fictional contributor to the site called Bill
Parvocampus.
The fact that the alleged comment by Mr. Johnson is about this Bill Parvocampus
rather than the Plaintiff is made obvious when one examines the line the Plaintiff edited out.
Heres the same passage Mr. Johnson allegedly wrote, in context, with the missing text in bold:
Bill P
Do you know this guy: He is a creepy sta[l]king harassing child porn producer:
He violated the hatch act hundreds of times
He lied to people on XMfan who threatened to report it saying he had extra super secret
permission to do so
Exhibit D, p. 16. In other words, the Plaintiff cut out the line from this alleged statement by
Defendant Johnson where he says who is talking about: Bill Pan obvious reference to this
fictional Bill Parvocampus character. Accordingly, this statement is not about the Plaintiff,
either, and the Plaintiff has selectively edited that comment in an apparent attempt to obscure
that fact.
Meanwhile, FAC 28 cites to http://thinkingmanszombie.com/2016/01/its-really-okdumbfuck/ as allegedly showing Defendant Johnson writing: Cardinal Management has been
forwarded these tweets - Im sure they are approving of this horrid use of their name and images
for his pornographic tweets. A true and correct copy of the web page is attached as Exhibit E,
and it appears to refer to a number of Tweets by a person identifying himself as The Youngest
11
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Old Dude on Twitter. There is no indication who The Youngest Old Dude is, and, therefore,
the Plaintiff has failed to establish that this is a statement about him.12
In each case, when these statements are examined in context, there is no evidence that the
statements are about the Plaintiff. Although the Plaintiff makes a conclusory allegation that
these comments are about him, such conclusory allegations must be disregarded, Iqbal, 556 U.S.
at 678 (Threadbare recitals of the elements of a cause of action, supported by mere conclusory
statements, do not suffice), and they are often actively contradicted by the documents the
Plaintiff refers to. For this reason alone, the Plaintiff has failed to plead defamation in regard to
paragraphs 22-25 and 28 of the FAC.
B.
often failed to pleadeven in the most conclusory fashionthat element. For instance, in FAC
22-24 and 26-28, the Plaintiff alleges that these Defendants made many statements, but
doesnt bother to allege that they are untrue. Accordingly, for paragraphs 22-24 and 26-28, the
Plaintiff has failed to state a claim for defamation.
C.
Gertz v. Robert Welch, Inc., 418 U.S. 323, 347 (1974) a state may not impose liability without
fault, and, therefore, Wisconsin law requires, at the minimum, negligence.13 However, to the
extent that the Plaintiff has claimed that the statements are false, he has not made a single
12
allegation that these Defendants made those statements negligentlylet alone that they acted
with a higher degree of fault, such as malice. The Plaintiff has not even made conclusory
allegations of negligence, and there are no non-conclusory claims about any persons mental
state.
The closest the Plaintiff comes to properly alleging the requisite intent is in the second
paragraph 30 of FAC,14 where he quotes this passage allegedly written by Defendant Palmer as
proof of defamatory intent:
Bill, you seem to think that anything that makes you mad is defamation. You said
the words. YOU SAID THEM. And I usually try my best to keep them in a
reasonable amount of context, although some things just need to be pull-quoted to
stand on their own because they are just that LULZY.15
From this, the Plaintiff claims that Defendant Palmer admitted that she takes words written by
Plaintiff out of context to make them more entertaining for her readership. Id. But the decision
to take something out of context does not imply a defamatory intent without imparting any false
information at all. Rather, it is often done simply for entertainment purposes. For instance, there
is a website called WeLovetheIraqiInformationMinister.com, which includes many quotes
from Muhammed Saeed al-Sahaf, the former propagandist for Saddam Husseins regime known
affectionately or mockingly as Baghdad Bob. A sample of the quotes show that Mr. al-Sahaf
had a knack for saying things that were quite funny, with no context needed, such as:16
My feelings - as usual - we will slaughter them all
Our initial assessment is that they will all die
Please, please! The Americans are relying on what I called yesterday a desperate
and stupid method.
14
13
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This is only a sample of many comments that are, frankly, pretty amusing and colorful, without
the need for any context. And this is a common form of writing on the internet. For instance,
there is an entire website devoted to quotes that are fun to read out of context.17 Likewise, there
is a Twitter account called @AwfulFantasy which features examples of terrible science fiction
and fantasy writing taken out of context.18 There are equally articles mocking former President
George W. Bush,19 and mocking most of the Republican candidates for President circa
September, 2015,20 by taking them out of context. None of these pieces or websites are
inherently defamatory, just because they happen to present a comment or twenty-five out of
context. Therefore a statement that occasionally a person takes another persons words out of
context for amusement purposes cannot be read as intent to defame.
In any case, the Plaintiff doesnt explain how that intent expressed by Mrs. Palmer relates
to the single defamatory passage attributed to her found in paragraph 29 of the FAC. He merely
claims the passage in FAC 29 is false in the first paragraph 30 of the FAC. He doesnt claim
that she has taken anything he wrote out-of-context. Therefore, his complaint that she has stated
17
See http://www.outofcontextquotes.com/wordpress/.
Some examples of quotes found in the @AwfulFantasy twitter account include the following:
Patty unearthed the ancient stone tablet and read its inscription. Send this tablet to 10 other
archaeologists or you will have bad luck, (found at https://twitter.com/AwfulFantasy/status
/717817657253347328), He opened the Tome of Dahr, unleashing the evil within. Dark magic
popped out and scared everyonelike a Jack-in-the-box. It killed a dog, (found at https://twitter
.com/AwfulFantasy/status/717561893011861505), and Only after the Radioactive Monster
began terrorizing the town in a sports car did the people realize it must be having a half-life
crisis, (found at https://twitter.com/AwfulFantasy/status/707662020766797824).
19
Rodrigue Tremblay, George W. Bush: May I Quote You, Mr. President?, GLOBAL RESEARCH,
(Nov. 10, 2015) available at http://www.globalresearch.ca/may-i-quote-you-mr-president/3907.
20
Shane Ryan, The 25 Funniest Out-of-Context Quotes from the Second GOP Debate, PASTE
MAGAZINE (Sept. 17, 2015) available at http://www.pastemagazine.com/articles/2015/09/the-25funniest-out-of-context-quotes-from-the-sec.html.
18
14
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that she has taken things out of context wholly fails to relate to the single claim of defamation he
has made against her.
The only other allegation relating to the state of mind of either of these Defendants is the
strange allegation that they belong to a cult of personality under the sway of an unnamed
individual. Even if true, this wholly fails to relate to whether they negligently or maliciously
uttered any falsehood about the Plaintiff. With no other allegations relating to the state of mind
of either defendant, the Plaintiff has failed to allege that they acted negligently, let alone with
malice. In short, he wishes this Court to find them liable for falsehoodsto the extent that he
even claims they are telling falsehoods about himwithout fault, which is prohibited by
Wisconsin law. For this additional reason, the Plaintiff has failed to properly plead defamation
against any of these Defendants.
D.
Plaintiff is producing child pornography,21 2) the Plaintiff has made audio recordings depicting
boy scouts being raped and the recording known as Fingernails Reeking of Poo,22 and 3)
claims that he had continued to harass William Hoge III 4) even as his wife begged him to stop.
Only two of these even potentially invokes the libel per se rule in that the statements potentially
refer to criminal conduct: the claim that the Plaintiff harassed Mr. Hoge or the claim that he
created child pornography. The claim that he ignored his wifes pleas and the claim that he
produced recordings depicting boy scouts being raped are obviously statements that could only
be defamation per quod, if it is defamatory at all.
Further, it is not clear that Johnsons alleged claim that the Plaintiff has produced child
pornography is defamation per se. When interpreting allegedly defamatory statements
the words must be reasonably interpreted and must be construed in the plain and
popular sense in which they would naturally be understood in the context in
which they were used and under the circumstances they were uttered.
Frinzi v. Hanson, 30 Wis.2d 271, 140 N.W.2d 259, 261 (Wis., 1966). It is neither natural nor
popular (i.e. common) to assume that every reference to child pornography is necessarily a
reference to material that violates the U.S. Code. This intuition is supported by the opinion in
Unroch v. Monderer, 2006 NY Slip Op 52113(U) (N.Y. Sup. Ct. 10/18/2006) which held that
calling a person a mere pornographer was not libel per se as follows: Initially, calling plaintiff
a pornographer is too general to impute the commission of a crime. Further, the same court
noted that [g]iven that a person can engage in pornography and not violate New Yorks
obscenity statutes ... it cannot be said that plaintiff was accused of committing a serious offense.
While it is not controlling authority, this case is persuasive. Likewise, as the Plaintiff is fond of
21
22
noting, not everything that is pornographic that involves or depicts children is necessarily
criminal child pornography.
Likewise, it is less than clear that the Defendant Palmers alleged statement that the
Plaintiff harassed Mr. Hoge would also be defamation per se. In second paragraph 29 of the
FAC the Plaintiff attributes the following statement to Mrs. Palmer:23
If Bill Schmalfeldt wants us/the world at large to believe that WJJ Hoge and his
cult of personality are responsible for his wifes death, then Bill Schmalfeldt
needs to take responsibility for his obsession with WJJ Hoge that caused his
wifes death. I would submit that if Bill Schmalfeldt had not been a creepy
cyberstalker cry-bully, there would not have developed anything that Bill
Schmalfeldt would decide was a cult of personality that would then be
responsible for the death of his wife. His wife who BEGGED him to stop
harassing WJJ Hoge and to let it go. BEGGED HIM! AND HE REFUSED TO!
Husband of the year right here, folks!
If what Bill Schmalfeldt says is true about his wife, then Bill Schmalfeldt ALSO
needs to take responsibility for the death of Michael Malone. Because reasons.
That Bill Schmalfeldt decided were so. Goose, gander, sauce and all that.
Bill Schmalfeldt just forfeited the last scrap of his humanity card. Well done,
DUMBFUCK! Well done!
As with prior passages, the Plaintiff also cites to a particular web address (https://billysez.
wordpress.com/2016/01/16/i-just-cant-even-3/), and the full piece is reproduced as Exhibit F. It
is also worth quoting from where the Plaintiff disputes the factual allegations in that paragraph.
Here is the entirety of his denial of these allegations, found in the first paragraph 30 of the FAC:
Plaintiffs wife, in fact, never begged Plaintiff to stop harassing anyone. In
fact, after years of asking Plaintiff to take no legal action, Mrs. Schmalfeldt was
an enthusiastic supporter of a lawsuit Plaintiff filed in the spring of 2015.
23
The Plaintiff redacted a number of names for no discernible reason from this passage. The
original names have been restored in this version based on Exhibit F.
17
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Thus, the Plaintiff is only disputing the claim that his late wife begged him to stop harassing Mr.
Hoge, so the Defendants anticipate that the Plaintiff will attempt to stretch that comment to be
interpreted as an accusation that Mr. Schmalfeldt was harassing Mr. Hoge.
Of course, stretching it to be an accusation that the Plaintiff actually was harassing Mr.
Hoge would violate the Frinzi instruction to interpret words in their natural meaning. The
natural meaning is that the late Mrs. Schmalfeldt is accusing the Plaintiff of harassment, and
Mrs. Palmer is merely reporting that.
24
Websters New World College Dictionary 613 (Victoria Neufeldt, 3rd ed. 1996).
This also assumes that the Plaintiff actually alleged all of these claims were false, see supra, p.
12.
25
18
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 18 of 28 Document 40
Presumed or punitive damages may only be awarded upon proof that [the defendant] acted
with actual malice. As noted above, supra, pp. 12-15, the Plaintiff makes no proper allegation
of the mental state of either of these Defendants in the Complaint; indeed, he does not make any
improper, conclusory allegation that they acted negligently, let alone with malice. Having failed
to properly allege malice, presumed damages are not available.
Therefore, the Plaintiff has failed to properly allege damages. He has not properly
alleged that he suffered actual damages, and he has not properly invoked the presumption of
damages associated with defamation per se. Specifically, he has not properly alleged that the
Defendants were accusing him of criminal conduct, and the Plaintiff has not properly alleged
malice. Without a proper allegation of damages and without properly invoking the presumption
of damages, the Plaintiff has failed to state a claim for defamation.
E.
The Allegedly Defamatory Claims Made About the Plaintiff are True, Substantially
True, or Constitutionally Protected Opinions.
A final difficulty with the Plaintiffs defamation claim is that even if the Plaintiff had
properly alleged that the statements the Defendants allegedly made were false, this Court can
findeven on a motion to dismiss basisthat the statements at issue were either 1) true, 2)
substantially true, or 3) constitutionally protected expressions of opinion.
First, whether the Plaintiffs skitsattached to the FAC as Exhibits 1-3 (Docket
Numbers 6-2 through 6-4) were child pornography is a matter of opinion and, as such,
expressing such an opinion cannot be actionable. As stated in Gertz, 428 U.S. at 339-340:
Under the First Amendment there is no such thing as a false idea. However
pernicious an opinion may seem, we depend for its correction not on the
conscience of judges and juries but on the competition of other ideas.
19
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 19 of 28 Document 40
As noted above, supra, 16-17, the most natural reading of the claim that the Plaintiff had created
child pornography is not an assertion that he had violated the U.S. Code, but rather that he had
created pornographydefined by Websters Dictionary in relevant part as writings, pictures,
etc. intended to primarily to arouse sexual desire26involving or about children. In common
discourse what constitutes pornography is largely a matter of
opinion. Some consider the Sports Illustrated Swimsuit Issue to be
pornographic.27 Others label arguably artistic works from famed
French Director Luc Besson28 or from Stephen King as child
pornography.29
Websters New World College Dictionary 1051 (Victoria Neufeldt, 3rd ed. 1996).
Monica Cole, This Year's Disgraceful Sports Illustrated Swimsuit Issue, THE STAND, Feb. 6,
2015, available at http://www.afa.net/the-stand/the-culture-war/this-years-disgraceful-sportsillustrated-swimsuit-issue/ (calling the Sports Illustrated Swimsuit issue soft core pornography)
and Aly Weisman, People Are Not Happy With the Racy Sports Illustrated Swimsuit Issue Cover,
BUSINESS INSIDER, Feb. 9, 2015 (In an UsWeekly poll, 68% of readers thought the cover image
resembled porn, while 38% found it so hot!which notably means some people said it was
both).
28
Susan Hayward, LUC BESSON 65 (1998) (discussing the controversy surrounding the movie
Leon: The Professional, featuring romance between a middle aged man and a twelve-year-old
[played by a young Natalie Portman], and labeled by some as quasi-child pornography).
29
Scott Elizabeth Baird, Famous Books with Filthy Sex Scenes (That Were Unfilmable),
CRACKED, March 23, 2016 available at http://www.cracked.com/article_23650_5-famous-bookswith-sex-scenes-way-too-intense-movies.html (describing a sex scene involving sixth graders in
one of Stephen Kings novels, Stephen King, IT (1990), as child pornography).
30
Hal Hinson, Movie Review: The Crush, WASHINGTON POST , April 5, 1993, available at
http://www.washingtonpost.com/wp-srv/style/longterm/movies/videos/thecrushrhinson_a0a80d.
htm.
27
20
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 20 of 28 Document 40
even though the sexuality was at an innuendo level only.31 Whether this Court is offended by the
Plaintiffs skitswhich describe in detail sexual conduct among children including forcible and
statutory rapeis beside the point. Whether something is offensive or not is a matter of opinion,
and Mr. Johnson is entitled to the opinion that the Plaintiffs skits are offensive, to believe that
the Plaintiff has created porn and because it involves or depicts children, that it is child
pornography.
Further, even if one accepted the Plaintiffs conclusory assertion that Mr. Johnson had to
be referring to criminal child pornography, there is no good reason to assume that Mr. Johnson
was alleging a violation of the U.S. Code. For instance, in FAC 14, the Plaintiff states that the
skits attached to his FAC as Exhibits 1-3 were created in 2013. That would be about two years
before he moved from Maryland to Wisconsin. FAC 1. Like many states, Maryland has a law
against child pornography, MD CODE Crim. L. 11-207, which reads in relevant part as follows:
11-207. Child pornography
(a)
(2)
(3)
31
Sam Jackson, 8 Massive Disasters in Marketing No One Noticed, CRACKED, Feb. 20, 2016
available at http://www.cracked.com/article_23664_8-brands-who-shot-themselves-in-foot-andkept-shooting.html (referring to the cover of one edition of Vladamir Nabokov, LOLITA (1955) as
being practically child porn).
21
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 21 of 28 Document 40
(4)
(ii)
(5)
So on the face of the FAC the Plaintiff admits that he has knowingly ... possess[ed] with the
intent to distribute any matter ... that depicts a minor engaged as a subject in ... sexual conduct
in violation of subsection (a)(4)(i). That is, the Plaintiff did possess the material, he intended to
distribute it,32 and it depicts minors engaged in sexual conduct.33 Likewise, if the Plaintiff used a
computer to produce or transmit this materialand Exhibit G34 suggests he did via website while
in Marylandthat would be the use a computer to depict or describe a minor engaging in ...
32
Two of the skits, Like Sheep to the Ravenouse Homosexual Wolves and Fingernnails
Reeking of Poo, are available on iTunes, while the third, Rick Perry Discusses his Days as a
Boy Scout, is available at http://billschmalfeldt.bandcamp.com/track/rick-perry-discusses-hisdays-as-a-boy-scout.
33
Even if, as Plaintiff avers, no actual minors were involved, it is still a depiction of minors
engaged in sexual activity.
34
Exhibit G is a print out from a Google search, indicating the dates upon which the Rick Perry
skit appeared on the Internet, including dates from before he moved from Maryland to
Wisconsin.
22
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 22 of 28 Document 40
sexual conduct in violation of subsection (a)(3). That may not fit the Federal definition of child
porn, but it does appear to fit the definition found in the criminal law of the state where the
Plaintiff lived when he admitted that he created these skits. In short, if Mr. Johnsons alleged
comments are interpreted as speaking colloquially and not giving a legal opinion, it is a protected
opinion; if it is interpreted as accusing the Plaintiff of a crime, it would appear to be true.
Meanwhile the fact that Mr. Schmalfeldt created something that Johnson allegedly
characterized as raping little boy scouts sex audio recordings seems obviously true. Exhibit 1
to the FAC depicts a young boy scout being coerced into sexual relations. Meanwhile, in
Exhibit 3, the Plaintiff depicts former Texas Governor and Presidential candidate Rick Perry as
witnessing an apparent forcible rape of a child35 as follows:
Well, our scoutmaster didnt stand for that kind of stuff. He took that young man
back to his tent and when he came out he was crying and in holding down the his
[sic] backside like he had been whupped in the britches real good. Never did see
that kid again. Matter of fact we never saw that scoutmaster again neither.
The obvious implication of that passage was that the scoutmaster raped the young man violently
enough to cause lasting physical pain. Certainly, Exhibit 2 doesnt mince words on the subject
of child rape, as the Plaintiffs character describes the proper way a young boy should be raised:
Send your children to a nice Christian Academy where they will be shaped into
men by other men who know how to deal with young boys with discipline and
firm, rugged manliness, where boys live with other boys like in the rowing
galleries on Grecian warships. And they [sic] only thing they will ever know is
the sting of the taskmasters whip. And the burn of dirty sweat in heir [sic] eyes
and the constant pounding of the drums. And they will learn to HATE the
homosexual lifestyle as the fierce disciplinarians take them and rape them over
and over again while beating them[.] And forcing them to rape each other while
they watch and drink beer[.]
(emphasis added).
35
The Plaintiff might argue that Exhibit 2 is irrelevant to the truth or falsity of the claim
because that involves children at a Christian Academy rather than Boy Scouts. However, the
doctrine of substantial truth allows for slight inaccuracies.
That is
A certified copy is on file in case the documents authenticity comes into question.
24
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 24 of 28 Document 40
as Exhibit F, and this Court can see that all of it was a response to a piece the Plaintiff wrote
called Did The W.J.J. Hoge Cult Of Personality Kill My Wife? that was originally located at
http://thepontificator.com/2016/01/15/did-the-w-j-j-hoge-cult-of-personality-kill-my-wife/.
37
In Maryland law, a Peace Order is essentially a restraining order among people not in a
domestic relationship (broadly speaking). See, generally, MD. CODE Cts. & Jud. Proc. 3-1501,
et seq. One of the statutory bases of such an order is harassment under MD. CODE Crim. L. 3803. See, MD. CODE Cts. & Jud. Proc. 3-1501(a)(1) (vi) (establishing that a Peace Order can
be supported by harassment under Marylands criminal law).
25
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 25 of 28 Document 40
Mr. Hoge alone. While that is not precisely the same as saying the late Mrs. Schmalfeldt begged
him to stop harassing Mr. Hoge, but the gist or sting of Mrs. Palmers statementsthat Gail
Schmalfeldt asked him to leave Mr. Hoge alone and he refusedare substantially true according
to the Plaintiffs own words.
Thus, in every instance where the Defendants allegedly said anything about the Plaintiff
at all, their alleged statements are either true, substantially true, or protected opinion. Therefore,
for this reason as well, the Plaintiff has failed to state a claim for defamation per se or per quod.
IV.
THE PLAINTIFF HAS FAILED TO PROPERLY SERVE THE DEFENDANTS WITHIN
90 DAYS AFTER THE ORIGINAL COMPLAINT WAS FILED, JUSTIFYING
DISMISSAL UNDER RULE 4(M)
The final reason to dismiss this case is one of the simplest. Under Fed. R. Civ. P. 4(m) a
Plaintiff is required to serve every defendant within ninety days of filing the original complaint.
This lawsuit was filed on December 28, 2015. The ninetieth day was on March 18, 2016, nearly
four weeks ago. The declarations of Mrs. Palmer and Mr. Johnson that were attached to the
original motion to dismiss establish that they were never properly served in this case because the
Plaintiff served an inoperative complaint on them. The new declarations of Mrs. Palmer and Mr.
Johnson (attached to this memorandum as Exhibits J and K respectively) establish that they still
have not been properly served at any time since. In fact, the Plaintiff has not made any
additional attempt to serve them. Accordingly, this case can be dismissed under Rule 4(m).
CONCLUSION
This is a case that should not have been brought. As noted in the original motion to
dismiss, there is no subject matter jurisdiction, there is no personal jurisdiction, and these
Defendants have never been properly served.
26
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 26 of 28 Document 40
Further, as noted in this supplement, the Plaintiff has not stated a claim for which relief
can be granted. The Plaintiff has alleged a cause of action that does not exist in Wisconsin law:
false light. Meanwhile, he has attempted to use a claim for misappropriation of name or likeness
to accomplish what the law forbidsthe shutting down of news, satire and commentary he
doesnt likeamong the many errors he made when alleging that claim. Additionally, he has
made a legion of errors when attempting to allege defamation, often citing statements that are not
about him, often failing to allege falsity, always failing to allege negligence or malice, and
always failing to properly allege damages. Further, the few statements that appear to be about
him also appear to be true, substantially true, or opinion, preventing recovery for defamation.
Finally, the Plaintiff hasnt served these Defendants on a timely basis, justifying dismissal under
Rule 4(m). Any one of these reasonswant of subject matter jurisdiction, want of personal
jurisdiction, insufficient service of process, failure to provide timely service of process and
failure to state a claimis sufficient by itself to justify dismissal. The Defendants respectfully
ask that the court find that all of these grounds are applicable, so that this case can be decisively
concluded, and so that the Plaintiff can finally understand the rules of jurisdiction and the law of
freedom of expression.
WHEREFORE, this Court should dismiss the FAC for all defendants based on a lack of subject
matter under Rule 12(b)(1); this Court should also dismiss the FAC for these Defendants for lack
of personal jurisdiction under Rule 12(b)(2); this Court should also dismiss the FAC for
insufficient service of process on these Defendants under Rule (b)(4) or (5); this Court should
also dismiss the FAC for these Defendants because the FAC fails to state a claim upon which
relief can be granted under Rule 12(b)(6); this Court should also dismiss for failure to timely
27
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 27 of 28 Document 40
serve these Defendants under Rule 4(m); and this Court should provide any other relief that is
just and equitable.
Respectfully submitted,
s/ Aaron J. Walker
Aaron J. Walker, Esq.
Attorney for Defendants Johnson and Palmer
Va Bar# 48882
DC Bar #481668
P.O. Box 3075
Manassas, Virginia 20108
(703) 216-0455
(No fax)
AaronJW1972@gmail.com
VERIFICATION
I, Aaron Walker, state under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that all exhibits are true and correct copies of
the originals.
Executed on Thursday, April 14, 2016.
s/ Aaron J. Walker
CERTIFICATE OF SERVICE
I certify that on Thursday, April 14, 2016, I served copies of this document on William
Schmalfeldt by email with his consent.
s/ Aaron J. Walker
28
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 28 of 28 Document 40
EXHIBIT A
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
1/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
2/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
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(0)
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(0)
(0)
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3/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
Rob Crawford
September 28, 2015 at 7:17 am
Has anyone identi ed the lawyer he's working with? You know, the guy with
an investigative team willing to work for old mayo jars, but not able to
compose a simple letter?
Like
(0)
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(0)
Paul Krendler
September 28, 2015 at 7:21 am
I believe his name is Mark N. Maryland of the ACME Law Group. However, I
have been unable to
Does anyone know the web addresses for the Bar Associations in the states
of Drunkenness and Delusional?
Like
(0)
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(0)
Rob Crawford
September 28, 2015 at 11:19 am
The only bar he's been admitted to is the Dew Drop Inn.
Like
(0)
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(0)
Bob
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
4/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
Bill's favorite bar is The Blue Oyster. He likes to visit his pals Mauser and
Proctor.
Like
(0)
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BusPassO
(0)
ce
It maybe the guy who tied up those boy scouts and raped them repeatedly
as described in his last unsold album that no one except a judge and a jury
are going to listen too.
Nice touch about peeing on them, classy and pornographic kiddie rape
fantasies.
wonder how that's going to play in court with three raping boyscout
fantasies now produced?
It has been sent to Vanderbilt, the NHS and will soon be sent to a senior
rent assisted apartment complex management and their Milwaukee law
rm.
Like
(0)
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(0)
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5/10
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GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
(0)
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(0)
Roy Schmalfeldt
September 28, 2015 at 10:57 am
(0)
Dislike
(0)
RogerS seems to be the legal scholar of TK. Of course that sock has gotten
every single prediction wrong.
Like
(0)
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(0)
(0)
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(0)
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
6/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
Loren
September 28, 2015 at 9:28 am
But he swore that Krendler was Grady! And his very good friend swears that
Krendler is Hoge.
Like
(0)
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(0)
Neal N. Bob
September 28, 2015 at 10:35 am
(0)
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(0)
Paul Krendler
September 28, 2015 at 10:46 am
(0)
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(0)
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
7/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
Makes me wonder....
Is there anyone AT ALL who has EVER heard from "Bill's Lawyer"?
Somehow, I think the answer is a big, fat NO. SMH
Like
(0)
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(0)
MJ
September 28, 2015 at 11:13 am
My guess is he's engaged several attorneys, all who have probably told him
to go fuck himself in a professional manner.
Like
(0)
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(0)
Paul Krendler
September 28, 2015 at 11:25 am
How does one do that? Would I need to wear a suit and tie?
Like
(0)
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(0)
slp
September 28, 2015 at 1:35 pm
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
8/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
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(0)
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(0)
Je M
September 28, 2015 at 12:54 pm
(0)
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(0)
Wisconsin Bound
September 28, 2015 at 8:05 pm
(0)
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(0)
Roy Schmalfeldt
September 28, 2015 at 10:17 pm
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
9/10
4/4/2016
GoodMorning,DUMBFUCK!TheThinkingMan'sZombie
(0)
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gure it out...
(0)
Howard D. Earl
September 28, 2015 at 1:19 pm
(0)
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(0)
http://thinkingmanszombie.com/2015/09/goodmorningdumbfuck96/
10/10
EXHIBIT B
4/4/2016
TeamKimberlinPostoftheDay|hogewash
hogewash
Neverpickafightwithamanwhobuyspixelsbytheterabyte.
TeamKimberlinPostoftheDay
Postedon29September,2015
32
RateThis
ThedocketonPACERdoesnotshowthatanyoppositiontomymotiontodismissforfailure
tostateaclaimhasbeenfiledintheKimberlinv.TeamThemis,etal.RICO2:Electric
Boogaloo.GiventhatthedeadlineforfilinganyoppositionwaslastFriday,itappearsthatthe
motionisnowunopposed.
Staytuned.
SH A R ETH IS:
Twitter
Reblog
Like
LinkedIn 1
More
Bethefirsttolikethis.
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
1/6
4/4/2016
TeamKimberlinPostoftheDay|hogewash
R ELATED
TeamKimberlinPostof
theDay
In"Lawfare"
RICO2:Electric
BoogalooNews
In"Lawfare"
RICO2:Electric
BoogalooNews
In"Lawfare"
ThisentrywaspostedinLawfare,TeamKimberlin,TrollsandtaggedBrettKimberlin,
DreadProSeKimberlin,RICO2ElectricBoogaloobywjjhoge.Bookmarkthe
permalink[http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/].
11THOUGHTSONTEAMKIMBERLINPOSTOFTHEDAY
MJ
on29September,2015at00:27said:
12
RateThis
BetitwasmailedonSaturday.
JeffM
on29September,2015at01:52said:
11
RateThis
Whateverdayitwasmailed(ifitwas),Ibetitsnonsense.
scrubones
on29September,2015at04:59said:
RateThis
Ialsobetthemoonwillcontinuetoorbittheearth,andthegoverment
willkeepdemandingwepaytaxes,andsomeone,somewherewilldie
tomorrow.
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
2/6
4/4/2016
TeamKimberlinPostoftheDay|hogewash
BusPassOffice
on29September,2015at05:33said:
10
RateThis
ourfavoriteaboveitallisrapingmoreboyscoutsinaudiofantasies,thank
aboveit
goodnessheactuallyadmitsit
OhandhesharassingLynnThomasfromhisrentassistedseniorhomeandeverone
sentthistothemanagement:
@dirtyschnitzel
Now,canYOUthinkofthingsIdidthatIdidntdoandthuswasnevercaughtdoing?
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DirtySchnitzel@dirtyschnitzel
filthymindedEricJohnsonsfeverdreamaboutcubscoutrapetapes.Somuch
evil.Iwasinconfessionalforthreeweekswithoutrest.
DirtySchnitzel@dirtyschnitzel
takekidsawayfromdrunkchickwhowasboinkingmenotherthanherhubbyin
frontofthekids,nottomentionwhollyfabricatedinthe..
DirtySchnitzel@dirtyschnitzel
EachoneoftheseconfessionsisastrueasthecommonlyacceptedBreitbotmemes
aboutmytorturingabereavedfather,threateningto
DirtySchnitzel@dirtyschnitzel
1.Savedaweeksworthoffartsinacloset.NabbedLynnThomas.Lockedherinfor
3days.Causedneckdeformity.pic.twitter.com/J9zSvQejHl
ViewimageonTwitter
DirtySchnitzel@dirtyschnitzel
2.IshookthebabyandblameditonZombiePiratePrincessPonySparkles
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
3/6
4/4/2016
TeamKimberlinPostoftheDay|hogewash
daughter.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
3.IsoldthedrugstotheGaelicfellowthatcausedhissontohaveabirthdefect.On
purpose.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
4.Relatedto5,soldthekidsformedicalexperiments.Keptallthemoneyformyself.
#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
5.RememberthatguyinDallaswholiedaboutarapethreatInevermade?Hiswife
ishidinginmycloset.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
6.Leftacoolbowlofantifreezeonahotsummerdayatadogkennelin
Massachusetts.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
7.StoodoutsideWJJHogesbedroomwindowformonths,dressedastheGrim
Reaper.Keptpointingathiswife.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
8.Dugupadeadbabytotormentitsfather.Turnsoutitwasthewrongbaby.
Tormentedanyway.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
9.TookachildfromadrunkchickinWisconsin,soldittogypsies.Boughtagold
chain.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
10.GaveaThreeStoogeseyepoketothepope.Toldhim,picktwo,andhedid.
BOY,washemad.#thingsIgotawaywith
DirtySchnitzel@dirtyschnitzel
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
4/6
4/4/2016
TeamKimberlinPostoftheDay|hogewash
AslongasthevariousRWliesarestillbeingtoldandbelieved,letsmakealistof
thehorriblethingsIdidandwasnevercaughtdoing!
AReader#1
on29September,2015at06:57said:
RateThis
Oh?KobayashiMaru?So,hesgoingtolie?Folks,BSistestrunninghis
argumentstoseewhichliesplaythebest,sodonteducatehim.
https://web.archive.org/web/20150929105314/http://Dirtyschnitzel.com
AvengerWatcher
on29September,2015at07:41said:
RateThis
TheKobayashiMaruisintentionallyanowinscenario.Whatever
youdo,youcannotwin.
Unlessyoulieandcheat.
RoySchmalfeldt(formerlyLeroyOddswatch)
on29September,2015at08:42said:
RateThis
Rightinhiswheelhouse,then.
Dr_Mike
on29September,2015at17:30said:
RateThis
HopefullyhischeatwillbeRussianRoulette,withasemiauto.
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
5/6
4/4/2016
TeamKimberlinPostoftheDay|hogewash
AReader#1
on29September,2015at06:44said:
12
RateThis
But,but,THEREWASAREDMOON!
PaulKrendler
on29September,2015at08:11said:
11
RateThis
DidhesitonthehotstoveAGAIN?!?
Pingback:IMEANTTODOTHAT!|TheThinkingMan'sZombie
http://hogewash.com/2015/09/29/teamkimberlinpostoftheday933/
6/6
EXHIBIT C
4/4/2016
So,LemmieGetThisStraightHere|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
BILLYSEZTheBillSchmalfeldtFeldtdownObserver
"AllthatisnecessarytodiscreditBill
Schmalfeldt,istoquoteBillSchmalfeldt"
R.S.McCain
So,LemmieGetThisStraightHere
PostedonOctober14,2015byTheDreadPirateZombie
BiwwwyycantbebotheredtohiehimselftoMassachussetstodefendhimselfagainstchargesofharassmentwhen
heDIRECTLYemailedand/orcalledsomeoneathomeaftertheyrepeatedlytoldhimnottodoit.
email
BUT!
HeisMOREthanhappytotraveltoMaryland(ItsforSTALKERS!)inordertotestifyagainstsomeonewhohe
claimsharassedhimbypostinganegativeopinionabouthimonawebsitethathedoesnotown,thathegoesto
voluntarilyofhisownfreewill.
Mmmmkay.
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aresonommy.Beafraid.Beveryafraid.
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So,LemmieGetThisStraightHere|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
29ResponsestoSo,LemmieGetThisStraightHere
HowardD.Earlsays:
October14,2015at7:59am
Moreemptythreatsfromanemptyskull.
Likedby1person
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BusPassOfficesays:
October14,2015at10:24am
OhhemaybetravelingtoMaryland,butnotforthestatedreasons
Likedby2people
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MJsays:
October14,2015at2:24pm
HastheSheriffcomeoverandverballyadmonishedyouforbeingabadboyyet?
Likedby1person
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BusPassOfficesays:
October14,2015at8:14pm
Iminacolddarkplace,IdontwanttotellyouallwhatIhadtodotogetinternetaccess..
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DirtySchnitzel(@dirtyschnitzel)says:
October14,2015at12:04pm
Eric,youwouldbewelladvisedtokeepyouryapshutuntiltheDAdecideswhattodowithyou.
Asfarasthemainquestion,beforeIdidnthavethefare.Now,Ido.
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RobCrawfordsays:
October14,2015at12:31pm
AndyouSTILLwouldntshowup.YouwereanoshowformultiplehearingsinMarylandWHENYOULIVED
THERE.
Stoplying,stopreadingsitesthatgiveyoubutthurt,andstopharassingpeople.
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Likedby6people
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TechnoJinxxsays:
October14,2015at12:32pm
Bill,youshouldtakeyourownadvice.
Likedby4people
Reply
PaulKrendlersays:
October14,2015at1:54pm
DANCE,YOUDUMBFUCKMONKEY!DANCE,ISAY!
Likedby5people
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MJsays:
October14,2015at2:26pm
Whathemeansis,hehasaplacetostayforthedurationthathasagoodinternetconnectionsohecancontinueto
poundontheF5key.Assumingofcourse,TJhasntsoldthehouse.
Likedby1person
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HowardD.Earlsays:
October14,2015at5:08pm
Shutyourfuckingcockholsterandgohaveadrink,makesomekiddypornandprepareforyourinevitable,weekly
shaming.
Youfuckingclown.
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Toastridersays:
October15,2015at3:40pm
https://billysez.wordpress.com/2015/10/14/solemmiegetthisstraighthere/
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agiledogsays:
October14,2015at2:47pm
Billysez:
IamnotphysicallyabletohopontoaplaneandflyfromWisconsintoMassachusetts.
However,Iamphysicallyunabletotravelexceptinthemostextremecircumstances.
IhaveneitherthefundsnorthephysicalabilitytobeinCourtWednesday,
sinceIamdisabledandbothphysicallyandfinanciallyunabletotravel.
Hesaiditwasmostlyphysical,notfinancialforMA.HedidntLIE,didhe?
Likedby6people
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Diannasays:
October14,2015at4:48pm
Hedbewelladvisedtohidehisheadinshame.
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RoySchmalfeldtsays:
October19,2015at7:48am
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So,LemmieGetThisStraightHere|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Hesnolongflexibleenough
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Russsays:
October14,2015at4:49pm
ItssocutehowhethinksButthurtintheFirstDegreeisacriminallyprosecuteableoffense.
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BusPassOfficesays:
October14,2015at8:11pm
NumberofchildrapesextapessenttoHenryCountyDAsofficebyPornographer:Three
NumberofchldrapesextapessenttoDAbyguywhoseopinionitsporn:0
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evilwillie00says:
October14,2015at11:03pm
BPO
Doyouhaveanyplanstoshowthemthemanyitemsyouhavefoundthataredisturbing?Howmanytimeshashe
contactedlawenforcementinhisvictimshomecityorcounty?Icanthinkof2justinthepast30days.Hehasbeen
atthisonlinecombatfordecadesandhashundred(s)ofvictimsinmyopinion.Sohowmanytimeshashisidiotic
legalstrategyofsendinghisevidencedirectlytolawenforcementresultedinchargesfiled?Andmoreimportantly
convictions?
Imguessingitsinthedoubledigits..00
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HowardD.Earlsays:
October15,2015at12:01am
Hesbeenclosetogettingmemanytimes.
Justkidding.
Likedby1person
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BusPassOfficesays:
October15,2015at2:16am
AnydaynowIexpecttheAmazonFederalPolicetoberollingdownmy1/3miledriveway,overpowermy
security,stormthemaincabinandbeatmesenselessbecauseIthinkthatexplicitlyrics,orsexstoriesare
pornographicandusingthedepictionofsmallchildrenisreallyreallybad
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So,LemmieGetThisStraightHere|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Yes,putmeinjail.
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JerryFletcher(@guntotingteabag)says:
October18,2015at10:36am
Rememberwhenheclaimedheemailedthreedifferentstatelawenforcementagenciesdemandingthey
email
investigateChrisHeatherinlate2014?Onlytofindoutmonthslaterhesbeenfaildoxingandharassingthe
wrongpersonandhisfamilyformonths?Ohdidweallsitbackandlaugh
OhandhaveIremindedeveryonethatsawChrisHeatherinNovember2014onelectionnightandtoldhim
whatBillhasbeenuptoandsenthimallthescreenshots,linksoftheharassment,defamation,andliable
fromBill?IncludingtheAmazonBooksthatcouldverywelllandBillincivilandcriminalcourt?Wisconsin
hasdefamationlawsdontchaknow IthinkIllemailhimandlethimknowBillisinWisconsin.
email
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JerryFletcher(@guntotingteabag)says:
October18,2015at10:39am
OhandImayormaynotbesittingonafewscreenshotsChrisHeathersentmeoftheharassment.Iamtryingto
decidewhatIshouldorshouldntdowiththat.IthinkIwillaskChriswhatshouldbedoneaboutitinmyemail.
email
Likedby1person
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ThisOtherLatinF*ckersays:
October16,2015at10:54am
DearMommypolice,youneedtoprotectmefromthebigmeaniestellingthetruthaboutmebecauseImtotallydisabled.
ExceptwhenIwalk11/2miles,gotothegrocerystore,orchaseCubScouts.Damnthoselittlekidsarefast.DidImention
Imtotallydisabled?ThankyouMommy.
YourboyBill
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JeffMsays:
October18,2015at11:44am
AmItotakeitthatthelackofnewmaterialhereandatthezombiesiteisbecauseWilliehaswiggledbackunderhisrock
afterhismostrecenthumiliation?
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librarygryffonsays:
October18,2015at12:22pm
https://billysez.wordpress.com/2015/10/14/solemmiegetthisstraighthere/
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ProbablyacombinationofthatandtheHZICshavingfunIRLthisweekend.IratherwishIwasatanicelittlewar
too.
Likedby1person
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TheDreadPirateZombiesays:
October19,2015at7:19am
Itwasavery,verynicelittlewar.1200peopleinattendance.AndtheSouthrosetowinovertheNorth!lol.
Well,theSouthernBaroniesovertheNorthernBaronies. Itwasallgood,andmuchfunwashadbyall.
Thepeepswereavenged!
Likedby2people
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JerryFletcher(@guntotingteabag)says:
October18,2015at12:35pm
IhaveonesimplerequestforBwillysinceIknowheisreadingthese.ActuallyTWO.Theyrerathersimplehere.
1)IfyouregoingpostontwitteraboutthePackersatleastwatchthegameandgetthefinalscoreright.Theywonlastweek
2410Not2417.
PackSlamsRams2417https://t.co/LYQc1WO3SCvia@sharethis
DirtySchnitzel(@dirtyschnitzel)October11,2015
2)ifyouregoingtopostapredictionblogpostofyourfinalscoreofthegame.DOITBEFORETHEGAMENOTAFTER.
Thankyousomuch.
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BusPassOfficesays:
October18,2015at7:57pm
Jerry,
Tennesseehasmanylawsonthebooks,oneofwhichisbearingfalsewitness,hiscomplaintfollowedbyhistaunts,havegone
alongway,butnotinthedirectionheintended.
Likedby1person
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BusPassOfficesays:
October19,2015at8:27am
Ifhereallysentthatemail,thenheconfessedtosendingmaterialthatcanbeconsideredchildpornaudio,ifhedidntsend
email
theemail,hedemonstratedthatitisorcanbeconsideredchildporn.
email
https://billysez.wordpress.com/2015/10/14/solemmiegetthisstraighthere/
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So,LemmieGetThisStraightHere|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Like
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MJsays:
October19,2015at10:46am
LetmeseeifIunderstandthis:HesentwhatcouldbeconsideredchildporntoTennesseelawenforcementofficials?
Thisisnotgoingtogooverwell.
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BILLYSEZTheBillSchmalfeldtFeldtdownObserver
TheTwentyTenTheme.
BlogatWordPress.com.
https://billysez.wordpress.com/2015/10/14/solemmiegetthisstraighthere/
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EXHIBIT D
4/4/2016
PleaseWelcomeOurNotSoNewStaffContributor!TheThinkingMan'sZombie
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Given the warm response to his novel (now available at Amazon! no I wont
link to it, but if you must, put a shekel in Johns pocket by using his aliate
link), Bill decided that he likes writing ction and sought us out for a
platform. He had consideredleveraging his new position as the darling of
Team Kimberlin into a position at one of their blogs but decided hed rather
have an audience than friends. And he didnt want the responsibility of
running the place.
Were all undead here so it makes no dierence to us.
Bill will be working on his craft here, posting drafts of anecdotes and
chapters of his next novel, which he says is going to be a sweeping epic, a
multigenerational family saga like Alex Haleys Roots, only with Nazis instead
of slaves and bad opera instead of gospel.
I hope youll treat him with the respect he earns, but no more than that. If
he performs to expectations, I may let him have his own tip jar.
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A Reader #1
October 28, 2015 at 11:12 am
A warm welcome! Mr. Parvocampus, I hope you will consider havin question
and answer sessions from time to time - I have so many of them!
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wpdavidd
October 28, 2015 at 5:44 pm
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Howard D. Earl
October 28, 2015 at 11:12 am
Welcome, Bill.
Does being a zombie make you wish you'd thought the whole cremation
thing through?
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Howard D. Earl
October 28, 2015 at 11:13 am
FYI.
I don't apologize for anything.
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wpdavidd
October 28, 2015 at 5:50 pm
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Neal N. Bob
October 28, 2015 at 11:20 am
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agiledog
October 28, 2015 at 11:20 am
Welcome back, Mr. Parvocampus. What do you think of the job we have done
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 5 of 25 Document 40-4
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Rob Crawford
October 28, 2015 at 11:25 am
He looks so alive!
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Neal N. Bob
October 28, 2015 at 11:27 am
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aposemat
October 28, 2015 at 11:29 am
What prompted you to come over to the other side? I'm looking forward to
your tell-all about the OTHER other side.
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lorddewclaw
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 6 of 25 Document 40-4
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AJ Fornicarius Hoc
October 28, 2015 at 11:30 am
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Hey Mr P, how did a far left liberal asshole like you end up working for the
esteemed Mr. Hoge? Did he pay well?
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wpdavidd
October 28, 2015 at 5:55 pm
Why would the esteemed Mr. Hoge hire a far left liberal asshole, anyway,
especially one who writes so poorly?
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Dr. Dan
October 28, 2015 at 11:40 am
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wpdavidd
October 28, 2015 at 5:52 pm
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Howard D. Earl
October 28, 2015 at 11:45 am
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BusPassO
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ce
I understand that dirty long john underwear was the dress code for dinner
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Howard D. Earl
October 28, 2015 at 4:02 pm
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Canuckamuk (@canuckamuk)
October 28, 2015 at 11:56 am
Will we also soon be seeing guest columns as well from Mark in Marlyand?
As a lawyer actively practicing Acme law with the esteemed rm of Dewey,
Scruem, & Howe; his insights would be thoroughly below any conceivable
standards
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BusPassO
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ce
Bill,
What do you wrap your scout scarf around?
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Pablo
October 28, 2015 at 12:00 pm
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Paul Krendler
October 28, 2015 at 12:03 pm
https://twitter.com/i94radio/status/659412166454476800
Really, DUMBFUCK? It took you 50 minutes to come up with THAT?
Some depths of idiocy cannot be reached by natural means...you had to dig a
long way to become this stupid.
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Neal N. Bob
October 28, 2015 at 12:05 pm
It's not just idiocy. You should credit the booze, too.
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Rob Crawford
October 28, 2015 at 12:48 pm
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Pablo
October 28, 2015 at 12:30 pm
How about his 5 star review of what he claims is John Hoge's book?
like it or not
By William M. Schmalfeldt on October 26, 2015
1 of 7 people found this review helpful
I only wish I had written this book. But I'm afraid that someone
much more clever than I am has been pranking a small but lthy
group of right wing extremists for over a year now. I purchased a
copy of the paperback, but it hasn't arrived yet. I have written
several books that are available for sale here on Amazon, but the
thing they all have in common is that they bear the name of the
author. This book does not bear my name. What's more, the person
who wrote it knew that this group of savages, who have spent the
last four months personally slandering the memory of my late wife
on the blog identied in this book, would be angry about being
shown for what they are. The writer sent me a copy of his or her
copyright ling with the US Copyright Oce. So, like it or not,
complaints or no complaints, the author of this book has the
copyrighted ownership of the material in this book and, if he or she
is to be believed, fooled this pack of foolish easily-fooled fools into
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Minemyown
October 28, 2015 at 12:40 pm
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Rob Crawford
October 28, 2015 at 12:51 pm
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Gustavo Fring
October 28, 2015 at 12:54 pm
It's so cute to see him telegraph his plan like this. If only he would will it
to be true! If only we would take the bait!
Is anyone actually upset that this book exists? I mean, it's just more
evidence of his DUMBFUCKERY even if you buy that the fail whale had
nothing to do with its provenance.
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Kyle Kiernan
October 28, 2015 at 1:36 pm
I did enjoy his display of the "copyright ling". It was his usual
incomplete, lacking many crucial details, easy to create online form that
he trots out and childishly expects everyone to accept without question.
Love to see what his mocked up excuse notes to his teacher were like in
school.
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A copyright ling that only the ler could have accessed, clumsily
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wpdavidd
October 28, 2015 at 6:00 pm
Hmmm. So he's not the author, but the author shared the copyright ling
with him. R-i-i-i-i-i-g-h-t.
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Minemyown
October 28, 2015 at 9:59 pm
At the time of this post his review and comments on other reviews of the
book are gone. as if they where never there. Good circumstantial evidence
that he uploaded the book to Amazon, they will not let an author review
his own book.
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Paul Krendler
October 28, 2015 at 10:00 pm
http://thinkingmanszombie.com/2015/10/pleasewelcomeournotsonewstaffcontributor/
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gmhowell
October 28, 2015 at 12:05 pm
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Dianna
October 28, 2015 at 2:13 pm
Fingers, usually.
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Paul Krendler
October 28, 2015 at 2:19 pm
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Central, ND
October 28, 2015 at 12:09 pm
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Dr_Mike
October 28, 2015 at 3:50 pm
Cum again?
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Tao
October 28, 2015 at 12:12 pm
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Howard D. Earl
October 28, 2015 at 12:16 pm
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http://kimberlinunmask.com/les/sayings03.jpg
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BusPassO
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ce
Bill P
Do you know this guy: He is a creepy staking harassing child porn producer:
He violated the hatch act hundreds of times
He lied to people on XMfan who threatened to report it saying he had extra
super secret permission to do so
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evilwillie00
October 28, 2015 at 1:01 pm
I think there needs to be some clearing of the air before we completely accept
this dude back. A lot of us have come aboard after Mr. Parvo quit and moved
on. I'm sure there are some who know him, but there are just as many who
don't. Who has some ideas on how Mr. Parvo can introduce himself to those
new to the horde? Q & A session? Free summary of his latest book?
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AJ Fornicarius Hoc
October 28, 2015 at 1:22 pm
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I get the impression that Bill P. is quite eager to tell us all about himself,
perhaps in a series of articles.
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Gus Bailey
October 28, 2015 at 2:43 pm
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samk
October 28, 2015 at 2:49 pm
AMA on Reddit!
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Canuckamuk (@canuckamuk)
October 28, 2015 at 2:01 pm
Bill P. :
Were your boy scout anal rape stories inspired by seeing little bitty Brett's
mug shot where he is wearing his child size uniform?
(Can someone reply and attach the aforementioned photo please-Thx)
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https://sfcmac.les.wordpress.com/2012/05/brett-kimberlin-terrorist-insecurity-guard-uniform1.jpg
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Canuckamuk (@canuckamuk)
October 28, 2015 at 2:17 pm
Thanks
He looks like he is ready for trick or treating..
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Rob Crawford
October 28, 2015 at 3:03 pm
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Howard D. Earl
October 28, 2015 at 3:49 pm
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evilwillie00
October 28, 2015 at 4:05 pm
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Colonelvictortrollpoker
October 28, 2015 at 8:34 pm
http://www.dpscs.state.md.us/onlineservs/socem/default.shtml
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BusPassO
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ce
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BusPassO
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ce
If I were someone totally stupid to make child porn then try to slip it through
the Amazon self publishing to taunt people and to solicit pedophiles to
impress other pedophiles, I would be wondering right now if it was worth it?
did I think I was going to actually gain or benet from it?
But clever is as clever does, in the end it all comes down to accountability
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Je M
October 28, 2015 at 5:48 pm
http://thinkingmanszombie.com/2015/10/pleasewelcomeournotsonewstaffcontributor/
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became a zombie, that is, because being undead terminates marriage just as
much as being dead does) has also written a book under the pseudonym of
Truck Stop Whore. Although written in the rst person, it may well be
ctional because it is almost impossible to believe that anyone could have
sucked 23,451 cocks, not counting repeat customers (who got the very
reasonable price of a quarter per session). Do not miss the touching
idedication: "To my husband, my coach, my impimpsario and my lifelong
inspiration, whose extensive experience in deep throating turned my career
into a success." The only thing disappointing about the book is the quality of
the photographs of her working at what she did best: there was a denite
need for a more professional hand behind the camera. Note that all royalties
go to the Parvocampus Fund at the National Syphilis Foundation.
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Howard D. Earl
October 28, 2015 at 7:32 pm
Interesting. Would that make Mrs. P's jaw issues ctional also?
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wpdavidd
October 28, 2015 at 6:58 pm
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PleaseWelcomeOurNotSoNewStaffContributor!TheThinkingMan'sZombie
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EXHIBIT E
4/13/2016
It'sReallyOK,DUMBFUCKTheThinkingMan'sZombie
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Jane
January 8, 2016 at 11:11 pm
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dmaninblack
January 8, 2016 at 11:19 pm
ok fess up, who used a certain someones picture to make a prole there?
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Paul Krendler
January 8, 2016 at 11:35 pm
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Kobayashi Maru
January 8, 2016 at 11:23 pm
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Kobayashi Maru
January 8, 2016 at 11:24 pm
https://twitter.com/YoungestOldDude/status/685689814033760256
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Avenger Watcher
January 9, 2016 at 12:00 am
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Ashterah
January 9, 2016 at 6:59 am
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BillyProjecting
January 9, 2016 at 9:42 am
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MJ
January 8, 2016 at 11:58 pm
Gawwd... how much more projection does this guy need for people to accept
he's gay? Who doesn't openly accept this poor man's coming out of the
closet?
We're proud you've left the closet, Bill! I realize you're old, but hopefully, you
can be the best Packer fan in world!
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Ashterah
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 5 of 18 Document 40-5
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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MJ
January 9, 2016 at 1:12 pm
He oered to snuggle the package guy in his building. Slowly, but surely,
all will be revealed about his desire to "touch" the neighborly men.
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JeM
January 9, 2016 at 12:06 am
Powers and principalities of the air defend us: a supposedly grown man
saying "poopiepants." How pathetic.
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juicyjoe101
January 9, 2016 at 1:14 am
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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JeM
January 9, 2016 at 1:20 am
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Toastrider
January 9, 2016 at 6:19 am
Are we SURE this guy was a GS-13? I know government standards are low,
but good grief.
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Easein
January 9, 2016 at 12:11 am
We're RICH!
Blob is like Honey Boo Boo Mother.
WE COULD MAKE MILLIONS!
Convince Blubber to come out of the closet (He just posted today that he
want's to snuggle with the octogenarian deliveryman) (did someone cache
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 7 of 18 Document 40-5
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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juicyjoe101
January 9, 2016 at 1:11 am
Wait just a minute, is this the same guy (using that loosely) who is suing a
bunch of people because they hurt his feelings? Man, what a pathetic
dumbfuck.
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BusPass
BusPassOce
January 9, 2016 at 3:11 am
Cardinal Management has been forwarded these tweets - I'm sure they are
approving of this horrid use of their name and images for his pornographic
tweets
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Neal N. Bob
January 9, 2016 at 9:41 am
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CanticleAndJuniperCourtsTrouble
January 9, 2016 at 9:45 am
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BusPassOce
January 9, 2016 at 10:01 am
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
8/17
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they cannot be pleased with his latest forays, but of course its our fault
cause he once wrote he had PD but some insurance doc said dierently
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librarygryon
January 9, 2016 at 7:28 am
So, he managed to present a reasonably adult face to the internet for what, 12
hours? He left lickspittles and zombies alone for 12 hours, and we left him
alone and he was so desperate after just that short period of time, that he had
to start attacking again.
Sad.
Pathetic.
Disturbed.
If I lived in the apartment next to a creature who posted tweets like that, I'd
be concerned about having grandchildren visit.
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BusPass
BusPassOce
January 9, 2016 at 8:57 am
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BillyButthurt
January 9, 2016 at 9:49 am
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Paul Krendler
January 9, 2016 at 9:53 am
When I saw that, I looked very hard for the part of the complaint that could
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 11 of 18 Document 40-5
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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BillyProjecting
January 9, 2016 at 10:01 am
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Jane
January 9, 2016 at 10:08 am
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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SameKettleOfFrisch
January 9, 2016 at 10:15 am
Deb Frisch used to have the exact same fantasy delusion and narcissism.
How'd that work out for her?
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Paul Krendler
January 9, 2016 at 10:16 am
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Jane
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 13 of 18 Document 40-5
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
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It'sReallyOK,DUMBFUCKTheThinkingMan'sZombie
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Jane
January 9, 2016 at 10:00 am
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BusPass
BusPassOce
January 9, 2016 at 10:41 am
http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
13/17
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It'sReallyOK,DUMBFUCKTheThinkingMan'sZombie
He's called me and spoke to me at least twice, left several msg, once sent
a profanity laced email, wrote that he called the police, the newspaper,
the mayor, possibly called Tory's athletic department at her university,
possibly contacted my neighbors, made websites about my children,
wrote several times I was raping my youngest daughter. He forged a sick
twisted perverted review on one of his book jackets in my name to smear
me and create false evidence which is a crime in Tennessee.
If someone kills him over his child porn rape fantasies of boyscouts that
would be a terrible crime.
Making rape fantasies to urge sick perverts to injure precious children
and try to sell them worldwide can bring all sorts of angry responses from
people who might do anything to protect children. Not something
someone should do under any circumstances.
I don't know what he is talking about and have nothing to retract
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Jane
January 9, 2016 at 11:47 am
And you're just one person. The freak has done the same type of thing
again, and again, to no one knows how many people, some who never
even heard of happy its wife died themerrywidower before it began
harassing them irl.
As I've mentioned many times, the malignant monster also chose to
endanger innocent children by making a bogus complaint to protective
services. If they'd taken the freak seriously enough to yank the children
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 15 of 18 Document 40-5
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before investigating, they'd have at least been scarred for life. Why?
Because their parents chose not to share the intimate details of their
daughter's stillbirth with a complete, and creeptastic, stranger.
Oh, but how it whines when someone even hints at contacting anyone
in the malignant monster's misbegotten, miserable 'real' life. How it
howls at a complaint on the internet backed up with links to support
every assertion.
It really hates it when people tell the truth about it, and when there's a
risk the truth may impact it irl. Guess it should have thought of that
before it went on its rampages against so many others, huh? Of course,
it really didn't have the capacity, I suppose, because that diseased,
dementia-addled brain is pretty full with rage, envy, hate, perversion,
and twisted 'revenge' fantasies.
Will it stop? Nope - after alienating virtually all who've had the
misfortune to become aware of its sick existence, including its own
children, this is all it has left.
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Neal N. Bob
January 9, 2016 at 11:41 am
But it does appear that you have the Mother of All Counterclaims!
William should really think these things through before he gets all
litigious, but then he wouldn't be William.
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JeM
January 9, 2016 at 11:59 am
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http://thinkingmanszombie.com/2016/01/itsreallyokdumbfuck/
17/17
EXHIBIT F
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
BILLYSEZTheBillSchmalfeldtFeldtdownObserver
"AllthatisnecessarytodiscreditBill
Schmalfeldt,istoquoteBillSchmalfeldt"
R.S.McCain
IJustCantEven
PostedonJanuary16,2016byTheDreadPirateZombie
So.Therewasthis.
1,101views
ShowingHERE.
IfBillSchmalfeldtwantsus/theworldatlargetobelievethatWJJHogeandhiscultofpersonality
areresponsibleforhiswifesdeath,thenBillSchmalfeldtneedstotakeresponsibilityforhisobsessionwithWJJ
Hogethatcausedhiswifesdeath.IwouldsubmitthatifBillSchmalfeldthadnotbeenacreepycyberstalkercry
bully,therewouldnothavedevelopedanythingthatBillSchmalfeldtwoulddecidewasacultofpersonalitythat
wouldthenberesponsibleforthedeathofhiswife.HiswifewhoBEGGEDhimtostopharassingWJJHogeand
toletitgo.BEGGEDHIM!ANDHEREFUSEDTO!Husbandoftheyearrighthere,folks!
IfwhatBillSchmalfeldtsaysistrueabouthiswife,thenBillSchmalfeldtALSOneedstotakeresponsibilityforthe
deathofMichaelMalone.Becausereasons.ThatBillSchmalfeldtdecidedwereso.Goose,gander,sauceandall
that.
BillSchmalfeldtjustforfeitedthelastscrapofhishumanitycard.Welldone,DUMBFUCK!Welldone!
Andjustanote.BillSchmalfeldtdoesntgettorewritehistory.Wehaveallhiscontemporaneousstatementsas
thingsweregoingdown.ALLofthem.Letsjustsaythathismemory?Lovestotwistandturnthingsaround.Then
again,thisisadaythatendsinysoIshouldntbesurprisedintheslightest.
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
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IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Sharethis:
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AboutTheDreadPirateZombie
MemberoftheZombieHordeandLickspittleMinion.Outtoeatyourbrainnnsssss.Andafewothersweetbreadsbecausethey
aresonommy.Beafraid.Beveryafraid.
ViewallpostsbyTheDreadPirateZombie
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50ResponsestoIJustCantEven
NealN.Bobsays:
January16,2016at9:40am
IdosohopethattheseallegationsfindtheirwayintotheamendedLulzsuitVIcomplaint.Itwillbeilluminating.Thereare
morethanafewthingsinthatpostthatcouldleadtofascinatingavenuesofdiscovery.Atleastonematerialassertiontherein
(and,no,Iwontbesayingwhichone)iscontradictedbyWilliamsotherpublicstatementsonthematter.
Ifoneissuingonthebasisofonessterlingcharacter,oneshouldendeavortotellthetruthinpublicaboutallthingsatall
times.Putanotherway,youcannotbealiarandthenclaimthatothershavedamagedyourreputation,atleastnotwithany
prospectofsuccess.
Ontheotherhand,WilliamwouldntbeWilliamifhestarteddoingthesmartorlogicalthing.
Likedby5people
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librarygryffonsays:
January16,2016at10:53am
DudehasthecommonsenseGodgavemarshmallows.Perhapsless.
Likedby3people
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STFUBillysays:
January16,2016at1:41pm
Ontheotherhand,WilliamwouldntbeWilliamifhestarteddoingthesmartorlogicalthing.
whichiswhywecallhimDUMBFUCK
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IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
JeffMsays:
January16,2016at11:17am
Onsomedays,WitlessWillieinspiresmetohumor,andonotherstosobriety.Today,IdontknowwhichmoodIamin.
Ifindappallingthemoderntendencytocriminalizeeverything.ProbablybeforeIdie,Ishallbereadingaboutthelifetime
incarcerationofsomeunfortunatenicotineaddictforfartingthirdhandsmokeinpublic.Somanythingsarenowcriminal
thatIwouldnotbesurprisedifseveralwhomWillietheWonderhasannoyed,offended,ormerelydisgustedhavecommitted
criminalbutperfectlymoralacts.IdadviseagainstdoinganythingcriminaltofarfromWeeWilliebecauseofthepotential
legalconsequenceseventhoughImightapprovemorally.Ifitwas,asitpossiblymayhavebeen,acrimeinsomejurisdiction
forsomeonetocausehorseshittobemailedtoWilliewithoutalltheproperpaperwork,taxes,andconsumerandpublic
healthprotectionsrequiredbystatuteandimplementingregulation,therewasnothingimmoralaboutit,andhisreaction
washighlyentertaining.
Onthemoralsideoftheledger,WeepingWilliehasnothingtocomplainabout.Peoplearedoingtohimwhathehasdoneto
others.Actually,theyaredoinglesstohimthanwhathehasdonetoothers.Hetriestointerferewithothersemployment
otherstrytointerferewithhisresidence.Itisfareasiertofindanewapartmentthananewjob.Indeed,ifRoyiscorrect,
nothingdonetoWilliewouldbeimmoralhowevercriminalitwas.(Asyoucansee,mymoralcodeisprofoundlyun
ChristianIfindturningtheothercheektobemereincitementoftheYahoos.)
Ofcourse,moralitydemandsthatthingsdonetoWillienotriskharmoreveninconveniencetotheinnocent.Itwouldbeboth
criminalandhighlyimmoraltofirebombanoldpeopleshomejustbecausethemanagementletWillieanapartment.So,in
thevanishinglysmallchancethatanyofyouarecontemplatingsuchuseofexplosivesorcombustibles,Ibeseechyou
earnestlytobanishsuchthoughtstotherealmoffantasy.
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librarygryffonsays:
January16,2016at11:30am
Wemustrememberthattheonlypersontosuggestthathisapartmentwasgoingtobefirebombedwashimself,when
heclaimedthatmanagementwereafraidthatwasgoingtohappen.
Ipersonallywouldlovetoknowwhoputthatideaintheirheads,becauseitwasntoneofus.
Likedby4people
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JeffMsays:
January16,2016at11:48am
NotexactlyLG.ItisofcourseconceivablethatWilliealonehasexpressedsuchfears.Itisalsoconceivable
thatthemanagementoftheresidencefacilityexpressedsuchfearstoWillie:theywereafterallgullible
enoughtotakeWillieintobeginwith.Thatiswhyinmyopiniontheresidencefacilityandoneormoreofits
agentsmustbejoinedtothelatestsuit.Oncewedelveintotherealmoftheconceivable,thepossibilities
becomeincrediblynumerous.Takingthesparestview,eitherthemanagementdoeshavefearsandexpressed
themorWilliehaslied.IwillnotsimplyASSUMEwithoutevidencethatWillietoldthatparticularlie.
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librarygryffonsays:
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
3/13
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IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
January16,2016at11:56am
True,wedontknowforsurethatthemanagementareafraid.
So,therewouldseemtobetwopossibilities
a)Billtoldthemthatsomeonehadthreatenedhim(likelyafalsehood,itcertainlywasntazombieor
lickspittle)causingthemtofear
or
b)Billnevertoldthem,andistellingusafalsehood.
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NealN.Bobsays:
January16,2016at1:06pm
True,wedontknowforsurethatthemanagementareafraid.
Thatswhatdepositionsanddiscoveryarefor.IfaDUMBEFUCKeverfiguresouthowto
servesomeoneproperlyandinsixlulzsuits,hehasntIsuspectthathelllearnthatin
shortorder.
IfIwindupbeingmiraculouslyincluded,somethingthatWilliamsgoingtohavetowork,/>
for,soitllprobablyneverhappen,Ihaveadiscoverylistthatwillquiteliterallytakehis
breathaway.
Likedby2people
NealN.Bobsays:
January16,2016at8:49pm
Williamdoesseemtohavethisinterestingtendencytomakeinflammatoryassertions,toss
theminlulzsuitsandassumethatnoonesgoingtochallengethem,despitehiswelldeserved
reputationfornottellingthetruthaboutanything.
Likedby2people
VigilansVindex(@VigilansVindex)says:
January16,2016at11:48am
Spilledethanol*is*flammable.
Likedby4people
Reply
Minemyownsays:
January16,2016at1:13pm
RememberBillisassociatedwithaconvictedbomber.
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LiveandLearnsays:
January17,2016at3:21pm
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
4/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
CanticleandJuniperCourtsandCardinalManagementhasnodoubtcometorealizetheyscrewedthepooch
bynottakingacloserlookatBillybeforelettinghimputtheminthecenterofaCategory5shitstorm
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wjjhogesays:
January16,2016at11:47am
Cheekturningcanonlygosofar.Eventually,onerunsoutofcheekstoturn,especiallyafteracoupleofasskickings.
Moreover,IdontbelievethatChristiansareobligedtoturnsomeoneelsescheektobeslappedbutratherareobliged
toprotecttheinnocent.
Likedby4people
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librarygryffonsays:
January16,2016at11:58am
Wasntturningtheothercheeksimplyinregardtoinsults,andnotphysicalthreats?
Likedby2people
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JustAThoughtsays:
January16,2016at12:26pm
Yes,theinitialslaptowhichwewereexhortedtoturntheothercheekwasunderstoodatthetimeto
beaminsultnotanassault.Infact,theturningoffthecheekwasnotonlytorefrainfromengagingin
insultsinreturn,buttochallengetheotherpersontohalttheinsultsandtobasicallydarehimtostep
ituptoassault(astohittheleftcheekwiththerighthandrequiresapunch)andbravethe
repercussionsofthat.
Likedby2people
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JeffMsays:
January16,2016at11:59am
IshalldefertoyourknowledgeofChristianmorality.Idonote,however,thatIwasnotlimitingmyargument
ofmoralreciprocityprospectivelytoprotectingtheinnocentfromfutureharmbutextendingit
retrospectivelytovindicatingthevictimsfrompastinjury.
Likedby2people
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wjjhogesays:
January16,2016at12:00pm
Itiscertainlypossiblethatamoralactcanbeillegalandviceversa.
Likedby2people
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Toastridersays:
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
5/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
January16,2016at1:19pm
Ah,thepaladinsdilemma:isitbettertobelawful,orgood?
Likedby1person
Toastridersays:
January16,2016at1:24pm
Donotinjusticetoanother,
defendtheweakandinnocent.
Lettruthandhonoralwaysguideyou,
letcouragefindthelightwithin.
Standupwhennooneelseiswilling,
actnotinhatredorinspite.
Betothisworldasaperfectknight,
evenifitmeansyourlife.
TheCruxshadows,Sophia
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Dr_Mikesays:
January16,2016at12:18pm
TherehavebeentimeswhenIvewonderedifBillisbeingdeliberatelyobtuse,orifhetrulyisstupidenoughtobelievewhat
hewrites.
IvecometoembracethepowerofAnd.
Thisisanovelinterpretationofevents
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TheDreadPirateZombiesays:
January16,2016at2:54pm
Iwouldsubmitthatitisnotnovel.Atleastnotnovelforhim.Heseeshimselfastheshiningbeaconofgoodthatis
beingtormentedbytheforcesofevil.Thatmeansthatallpastactsmusteventuallybeinterpretedinthatlight.
Thismeansexcusingthingsaway,turningthemtofitthetheme,fithisownnarrative.Hedoesthiseverysingle
time.
HowmanytimesdoeshehavetodistortrealtyDOCUMENTEDREALITYbeforeherealizesthathesnotwhat
hethinksheis?Ithinkitwillgoonforeverbecausethiskindofdelusionisallencompassing.
AndnowthatIvewrittenasmallnovel,Irealizethatyoumighthavemeantnoveltobeamusing,quaintand
possiblyasfarawayfromrealityaspossible.Thatworksformetoo.lol
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https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
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IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Dr_Mikesays:
January16,2016at3:51pm
Imeantnovelasashorthandforbearingnoresemblancetorealityinanywayshapeorform.
Likedby2people
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NealN.Bobsays:
January16,2016at1:12pm
ThisIsRadioDrumpf
@RadioDrumpf
Follow
IamnotadrinkerbecauseofthemedsItake.ButFatherHoge
saysIchugdowntheJWR(andonlyJWR)sothecultadoptsthe
doctrine.
1:06PM16Jan2016
Andwhatmedswouldthosebe?HowwouldtheybeprescribedifWilliamhasnthadadoctorforsixmonths?
Oh,Idohopethatthisgetstodiscovery!
Likedby3people
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Toastridersays:
January16,2016at1:20pm
IreallyamwonderingifhesselfmedicatingwithherbsfromhisbuddiesinTK.
Imtellingyou,hesbeensmokingsalvia.Itwouldexplainhisoutburstsofdementation.
Likedby1person
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RobCrawfordsays:
January16,2016at2:57pm
Jimsonweed.
Likedby1person
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HowardD.Earlsays:
January17,2016at10:34am
Pole.
Like
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IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
TechnoJinxxsays:
January16,2016at1:40pm
thatthereistypicalofGailsFormerAbuser,inhowhecompletelyignoresthattheJWRreferencewasfirstbandied
aboutbyTMZ.
butofcoursethatdoesntfitthe(false)narrativehessodesperatelytryingtobuild,beforehe(asusual)
deletes/memoryholes.
Likedby2people
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TheDreadPirateZombiesays:
January16,2016at2:55pm
EverythingisHoooooooooooooooooooogesfault.EVERYTHING.Quitchangingthenarrative!
Likedby3people
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DrunkenBillysays:
January16,2016at1:43pm
No,dummy.WeallbelieveyouguzzletheJWRbecauseyouactlikeadrunkenasshole.
Likedby2people
Reply
popcornsellersays:
January16,2016at4:44pm
IthoughtitwasbecauseoftheincreasedJWRsalesatitslocalWalgreens(coincidentalwithhisarrivalatSt.
FrancisWI).
Likedby1person
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PaulKrendlersays:
January16,2016at3:19pm
Ifhesnotadrinkerbecauseofthemedshetakes,thenwhyISheadrinker?
Likedby4people
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Dr_Mikesays:
January16,2016at8:11pm
CantfinditonYT,butBabylon5,afterVirkillstheCentauriEmperor:
Londo:Youredrunk.
Vir:Oh,I,oh,ooooh,youbetcha!Imeanitalwaysworkedforyou,Londo.SotellmeHowmanymoredoI
need,untilIcanlookinamirror,andnotseemyself?BecauseIkeeplooking,butIm_always_there!
Likedby2people
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
8/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Reply
Diannasays:
January17,2016at12:24pm
Mr.HogehasneveronceaccusedBSofdrinking.Butweallknewthat.ItsjustBSspoutingbs.
Like
Reply
Diannasays:
January17,2016at3:56pm
Well,IdowonderhowmanytimesthesixpackofStellaArtoishasbeenreplaced,sincehesaidhekeptsuchathing
onhandforvisitors.
Like
Reply
NealN.Bobsays:
January17,2016at3:59pm
Isvistorswhathescallingthevoicesinhisheadthesedays?
Likedby1person
Reply
Pablosays:
January16,2016at4:50pm
SonowBlobiscultobsessed,andHogeisMobyDickonceagain.Thatbeingthecase,itreallymakesnosensethathesnot
suinghim.ItslikeAhabchasinghalibut.
Likedby6people
Reply
JeffMsays:
January16,2016at5:33pm
ROTFLMAO.
Likedby1person
Reply
wjjhogesays:
January17,2016at8:16am
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
9/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Likedby1person
Reply
Diannasays:
January16,2016at7:59pm
BillSchmalfeldtisahypocriticalliar.
HeisextremelyfortunatethatIamnotavengefulsort.
Likedby1person
Reply
theman9876says:
January17,2016at2:20am
IsthereanywayIcantalkyouintoBEINGthevengefultype??!!Themonkeydancingwouldbeglorious,because
DUMBFUCK!!
Likedby2people
Reply
Diannasays:
January17,2016at12:26pm
LetBSgoonashehasbeen.
Like
Reply
lorddewclawsays:
January16,2016at8:13pm
YeahRight.Acult.
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
10/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Yourjustpissed,DerpasaurousMaximus,thatJohnhaspoststhatgetintotripledidgitswhereyouhavetorelyonyourself
createdsockMarkinMDtogetasinglecommenttooneofyourgarbageposts.
Theanswerisrightinfrontofthatdickdentedmelonofyours,Dumbfuck.
Yousuck.Yourlifesucks.Yourblogssuck.Yourwriting.yourcomedyitsuxdonkeybalz.
Becauseagroupofpeoplecometotheconclusionthatyouareahugepieceofshitdoesnotacultmake.
Getbent,dumbass.
Likedby3people
Reply
Gracesays:
January17,2016at4:23pm
DerpasaurousMaximus.
IchuckleeverytimeIseeyourefertotheDerangedCyberstalkerBillSchmalfeldtbythatname,lord.lol!
Like
Reply
HowardD.Earlsays:
January16,2016at8:29pm
Thereisnodebateastowhetherornotyoushouldbemurdered,Shakes.
Like
Reply
TheDreadPirateZombiesays:
January17,2016at10:59am
Iwouldagree.Thereisnodebate.Nooneshoulddothatsortofthing.I,andothers,knowthatyouarejust
respondingtothatnonsensicaltweetthathepostedinsinuatingassuchhere:
https://twitter.com/YouGetNoQuarter/status/688503158318968836
PleaserememberthatBilltakeseveryopportunitytotwistthingsaround.Hewill,invariably,takethisasa
DEATHTHREATELEVENTY,andIwouldliketodisabuseanyoneofthatnotion.
Likedby1person
Reply
JeffMsays:
January17,2016at12:25pm
InWilliesmind,heistheheroofthesagaratherthanitsbuffoon.Amentionofunspecifiedhypotheticalsin
aconversationaboutthedifferencebetweenmoralityandlegalityandalittleplayonwordsaboutno
debatearetransmogrifiedintoevidencethatacultisseriouslyconsideringhismurder.Nooneis
contemplatinghismurderbecausehispublicbuffooneryisfartooentertainingforanyonetobereadyto
bringdownthecurtain.
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
11/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
Whatisthesourceofthiscultnonsense?
Hedecidedthatitmadesensetoinvestigatesomeoneelsesfiles.Abitweird,butthereareconceivably
legitimatereasonsforgoingthroughfilesthatareapparentlyopentothepublic.Hefindsinthosefilesa
blankform.Hedecidesthattheform,thoughblank,istobeappliedtohim(becauseheisthehero).Andhe
furtherconcludesthatablankforminsomeoneelsesfilesjustifieshimsendinganemailtosomeonewhohas
repeatedlysaidthatcommunicationsfromBuffoonBillareunwelcome.
TheimplicationoftheemailisthatHogeowesa(completelyimaginary)dutytoWeepingWillietodiscloseif
theformwasfilledoutandsenttoanyone.TheemailexplicitlysaysthatBelligerentBillwillgraciously
overlooktheoffenseofhavingblankforms,providedthattheyhavealwaysremainedblank.
Theemailispublished.PeoplehavehystericsoverBillslatestbumptiousness,andhemistakestheraucous
laughterforthesolemnritualsofacult.
Likedby3people
Reply
RobCrawfordsays:
January17,2016at4:29pm
ItstellingthatBillhasneverexpressedcargiverguiltorconcernthatHEdidntdoenoughforhiswife.Perhapsitsan
emotionthatshithiminprivatebutBillcantevenkeephisbowelmovementsprivate.Ratherhesdecidedhispersonal
villainsaretoblame,despitethemhavingnocontactwith,noresponsibilityfor,hiswife.
Likedby2people
Reply
Janesays:
January17,2016at4:44pm
ThisandsomuchmoreButnowthatitsbeentippedoff,watchittrytoplayatbeinghuman.
Like
Reply
gmhowellsays:
January17,2016at6:08pm
TransferringblamehasbeenarecurringthemeinthelifeofBillScmalfeldt(apersonImightadd,whoseclaimed
cousinbelievescommittedarape).
Like
Reply
HowardD.Earlsays:
January17,2016at7:11pm
Blobisblob.
Like
Reply
https://billysez.wordpress.com/2016/01/16/ijustcanteven3/
12/13
4/5/2016
IJustCantEven|BILLYSEZTheBillSchmalfeldtFeldtdownObserver
BILLYSEZTheBillSchmalfeldtFeldtdownObserver
TheTwentyTenTheme.
CreateafreewebsiteorblogatWordPress.com.
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EXHIBIT H
",n'/,ero
.- .
iii
Date: 06/1
2. That the Respondent SHALL NOT commit or threaten to commit any of the fol1ow1ng acts against Petitioner:
an act which caCS2S seriOUS bodily harm: an
that placEs the Petl:1oner in fear of imminent serious
bOdily harm: assault: rape.
rape, sexual offense. or attempted sexual offense: false
imprisonment: harassment: staikir.g:
or
destruct10n of property.
3. That the Respondent SHALL NOT contac: (in person, by teiEphone. in writing. or by any other me3ns),
attempt to contact. or harass the
4. That the Respondent SHALL NOT
the resldence of
Petitioner at: 20 Ridge Road, Westminster. HD
21157.
(Residence includes yard. grounds. outbuildings. and common areas surrounding the dwelling.)
06114/2013
NOTICE TO RESPONDENT
V1olation of this Peace Order may be a crime or contempt of court or both. and could result in impr'sonment
or fine or both .
_-_
_-
_._---.. _ - - - - - - - - - - -
':
Date: 12/0
is
:'t25yO'id?1t
end conv!ncing
the
that
30 days
the filing of
the
cct(s):
Harassment
ThaT.
Respcndeni
NOT commit or tnf2aten to
any of the followir.9 eets against Petiticner:
ceuses
an act
Qlaces the Petit,oner
fee: of
bean y hanr: c5sau i!: rep:. cnerrip:ed ratjE. sext;e:1
cr ctteffioted sexua 1 cfferrse: :5 i Se
impr;S0;";f1e:-t: hcrassl!1!"rt:
tre:spass: or
aestrjction oi property.
3. That tr.e R;sponden: SHA....L NOT contact (; n person. by telEphone . i!'; ....
to c-antact. or f";t,ass
Th=: :re R2spcr;oen: S!1ALl.. NOT
21157.
l2. J9J2Qi.3
:he
..................... :. '
judge
F Stansl' ld
NOTICE TO RESPONDENT
of
:r fi!"!E
Jf
cr
c i C0wrt Oi
bo:h.
ENTERED DEC - 9
i"
EXHIBIT I
HOME
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Did the W.J.J. Hoge Cult of Personality Kill
My Wife?
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The Cult of Hoge
My wife, Gail, was diagnosed with Scleroderma an autoimmune disorder in 1998. She was
diagnosed with the CREST variant of the disease, which meant her condition was limited to hardening
META
of the skin in her face, forearms and hands, and lower legs. She did very well, maintaining her health
through the rst decade of the century. In fact, at one point she was nearly 300 lbs.
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I was diagnosed with Parkinsons disease in 2000. In June 2007, I volunteered for a clinical trial to test
the safety of deep brain stimulation in early Parkinsons disease. In essence, I volunteered for brain
surgery, which was conducted
13, 2007I was employed asFiled
a GS-1304/14/16
Writer/Editor at Page
the National
Case June
2:15-cv-01516-NJ
2 of
12 Document 40-9
surgery, which was conducted June 13, 2007I was employed as a GS-13 Writer/Editor at the National
Institutes of Health until my condition progressed to the point where I was granted early retirement
in 2011. As neither Parkinsons nor Scleroderma are inherently fatal, Gail and I were looking forward
to a long, happy retired life together. As my condition worsened, she became my caretaker, helping
with things like driving, helping me navigate with my walker, etc.
To this point in my life, I dont believe I had so much as a speeding ticket. Then, to supplement my
income, I engaged in freelance reporting for a couple dierent liberal news outlets online. I wrote a
story about a convicted felon who was released after doing his time and was now engaged in
progressive social activities, getting out the vote, etc. A gang of right wingers, led by the notorious
Andrew Breitbart, decided that they couldnt stomach this ex-cons walking among them all free and
such, and the launched a campaign of harassment against him that he is still ghting o. My story
took his side. That enraged the right wingers.
In September 2012, a right wing writer for Breitbart claimed I threatened to rape him and his wife.
The police came to my house and realized there was no threat. A disgraced, red attorney named
Aaron Walker wrote on his blog that I threatened the writer and his family with rape. The fact that
the police cleared me made no dierence.
OCTOBER 2012 WJJ HOGE III writes a blog post about my implied threat to sue his friend, Aaron
Walker, over what I thought was a libelous accusation.
OCTOBER 2012-FEBRUARY 2013 The discussion turns into a point/counterpoint ame war
between Hoge and myself, during which he inserts himself into a dispute Im having at the time with
another right wing blogger. The defamatory posts are more frequent. Hoge claims he issued a cease
and desist contact tweet on Twitter.
Never once does he tweet, write, convey or send a smoke signal warning, Bill Schmalfeldt, cease
contacting me.
FEBRUARY 18, 2013 Hoge gets a Carroll County Court Commissioner to le three criminal
charges against me. Harassment as a course of conduct, Electronic Harassment and Illegal Acces to a
Computer. In the latter charge, Hoge alleges that on the day when Super Storm Sandy was ravaging
the east coast, I somehow managed to hijack a computer server in Kansas City, MO, and use it to
send harassing messages to him. He never really explains how I managed to do that. The three
charges are deemed nolle prosequi by the States Attorney on April 17, 2013. (SA/NP)
charges are deemed nolle prosequi by the States Attorney on April 17, 2013. (SA/NP)
FEBRUARY 21, 2013 Hoge applies for a peace order. He is awarded a temporary peace order, but
on February 28, he is denied a nal peace order by the Carroll County District Court. He appeals.
MARCH 18, 2013 Hoge convinces a Carroll County Court Commissioner to le a harassment as a
course of conduct charge against me. SA/NP on April 17, 2013. He also secures a temporary peace
order. He is again denied a nal peace order by the Carroll County District Court on March 25, 2013.
MARCH 20, 2013 Hoge gets a Carroll County Court Commissioner to le a charge of violating the
temporary peace order issued March 18. SA/NP on April 17, 2013.
MARCH 25, 2013 Hoge tries again in the Carroll County District Court for a peace order. He is
denied once again.
JUNE 14, 2013 In the appeal of his rst denied peace order, Hoge convinces a Carroll County
Circuit Court judge who admits on the stand that he doesnt know what the Twitter is, that blocking
a person on Twitter is more dicult than having to change your phone number to avoid
telemarketers. The Court issues a six-month peace order. The order is extended for six more months
on December 9, 2013. It expires on June 14, 2014.
JULY 8, 2013 Hoge gets a Carroll County Court Commissioner to le ve separate charges of
violating the June 14 peace order. SA/NP Sept. 11, 2013.
AUGUST 5, 2013 Hoge gets a Carroll County Court Commissioner to le three additional charges
of violating the June 14 peace order. SA/NP Sept. 11, 2013.
NOVEMBER 8, 2013 Hoge gets a Carroll County Court Commissioner to le a charge of electronic
mail harassment, harassment as a course of conduct, and THIRTY-SIX charges of violating the June 14
peace order. SA/NP January 29, 2014
NOVEMBER 12, 2013 Hoge gets a Carroll County Court Commissioner to le ONE HUNDRED
NINETY EIGHT additional charges of violating the June 14 peace order. A warrant is issued for my
arrest. After I make arrangements to turn myself in, the SA rescinds the warrant and issues a
summons. SA/NP January 29, 2014
NOVEMBER 15, 2013 Hoge gets a Carroll County Court Commissioner to le EIGHTY EIGHT
additional charges of violating the June 14 peace order. SA/NP January 29, 2014. LATER THAT SAME
DAY, Hoge gets a Carroll County Court Commissioner to le TWENTY NINE additional charges of
violating the June 14 peace order.
MAY 27, 2014 I le a harassment case in the US District Court for the District of Maryland,
Northern Division against Hoge and several of his readers alleging harassment, IIED and other torts.
My wife begs me to not follow through because of the stress this whole situation is causing our
family. I withdraw the suit on May 29, 2013.
ALSO MAY 27, 2014 Hoge les a copyright infringement suit in the US District Court for the District
of Maryland, claiming that I stole bits and pieces of his blog to publish on my blog. He has to rele
his complaint June 11 when he realizes he needed to register his blog with the US Copyright Oce
before he can le a copyright infringement suit. Hoge seeks a preliminary injunction on June 12,
asking the judge to order me to remove all material from my blog that he deems infringing. Judge
Ellen Hollander holds a hearing on the motion June 6, 2013. She issues her ruling denying Hoges
motion on July 1, telling him that his suit is probably doomed. The case is referred to a magistrate
judge on July 7. He holds a hearing on August 14. The judge denies Hoges demand for $640,000,
awards him nothing, and orders me to not infringe on Hoges copyright. After that hearing, Hoge tells
me that he has no intention of following through with the appeal of the July 17 denial of his Peace
Order. We shake hands.
JULY 17, 2014 Hoge tries again in the Carroll County District Court for a peace order. He is denied
once again. He appeals.
AUGUST 27, 2014 Despite assurances that Hoge would not pursue the appeal, he shows up at the
Carroll County District Court and gets an uncontested six-month peace order. He has no explanation
for why he lied to me, other than I should have shown up.
JANUARY 30, 2015 I appear at a Show Cause hearing for Contempt of Court in the Carroll County
Circuit Court for allegedly violating the August 27 peace order. Hoge oers into evidence a letter I did
not write, sign or mail, claiming it came from me. On reviewing the letter, the signature is almost
identical to a court document I signed some months earlier, as if someone traced this signature over
the old signature. The judge denies the Contempt petition.
FEBRUARY 13, 2015 Hoge tells his readers that his wife is suering from bone cancer. As my own
wife is ill, out of human compassion, I sent Hoge an e-mail telling him that my former connections at
the National Institutes of Health, from which I took early retirement because of advanced Parkinsons
disease in 2011, are atCase
his disposal
should he and his wife wantFiled
help cutting
through redPage
tape to get
2:15-cv-01516-NJ
04/14/16
7 of
12 Document 40-9
disease in 2011, are at his disposal should he and his wife want help cutting through red tape to get
her into a clinical trial if she so desired. Hoge convinces a Carroll County Commissioner to le a
charge of violating the peace order. This one goes to trial on April 16, where I am found not guilty
because of the lack of criminal intent in the contact.
FEBRUARY 23, 2015 I le a harassment suit in Howard County Circuit Court charging Hoge with
defamation per se, IIED and other torts. The case is dismissed for lack of personal jurisdiction on June
23, 2015.
At some point after this, I wrote to all involved and asked them to
please just drop me from their consciousness. I explained Gails
condition. I explained how experts had determined that severe
emotional stress could be life-threatening to her. I included photos
taken, (with her permission) showing Gail with her skin hanging from
her arms and her ribs visible. It did no good. In fact, either Hoge or
one of his readers sent us a little present of feces-scented candles.
Later I posted a photo of Gail (with her permission) showing her
distended abdomen from fluid retention.
MAY 1, 2015 As my wife was getting sicker and sicker, Hoge tried yet again for a peace order in the
Carroll County District Court. Despite needing nearly 24/7 care, I was dragged from Elkridge to
Westminster for this hearing. This time, I argued personal jurisdiction. The court agreed and ordered
Hoge to le in Howard County as that was the county of my residence. That afternoon, Hoge hurried
to Ellicot City, led for a temporary peace order and was denied. He appealed.
By the end of May, Gail had pretty much lost her sense of balance and control of her
bodily functions. On the morning of May 31, she woke up to find herself soaked to her
armpits. I gave her a bath, dried her, put on one of her nicer nightgowns and called 911.
Gail was in the Howard County General Hospital until June 5. At first they thought she had
ovarian cancer as that is the typical reason for retention of fluid in the abdomen. They
tapped 1.5 liters from her abdomen, but there were no cancer cells. On June 5, they tapped
another 1.5 liters. The blood tests showed her kidneys were failing. The hospital arranged
for home hospice and Gail came home for the last time. Her first few days she was weak
but in good spirits. Soon, she was asleep more than she was awake. She went into a coma
on the afternoon of June 16. She died on June 17. As I was waiting for the hospice nurse to
come and make it official, either Hoge or one of his readers sent an anonymous e-mail.
Could you get the old girl to hang on for one more day? I have the 18th in the death pool.
Earlier, I petitioned the Howard County Circuit Court to delay their scheduled June 25
appeal hearing of Hoges denied May 1 Peace Order attempt. Hoge filed a motion in
opposition. Gail died on June 17, a fact that Hoge celebrated on his blog two days later.
So, DID Hoge and his cult of personality kill Gail? Theres probably no way to prove it. I suppose it could be purely
coincidental that her disease went from dormant to fulminant and fatal as the stress from Hoge and his disciples
continued. Personally, in my opinion, if I had never met or run afoul of Hoge and his acolytes, I believe Gail would be
alive today.
So, is Hoge the leader of a cult of personality and are his readers his followers?
Next post.
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EXHIBIT J
My name is Sarah Palmer, and I make these statements based upon my own
personal knowledge. I am a resident of North Carolina. I am over 18 years of age, and if called
to do so, I am competent to testify that the contents of this declaration are accurate and true.
2.
In my last declaration, I noted that on Saturday, February 13, 2016, there was
attempted service at my household. After consultation with my attorney, I do not believe that
service was valid. Since that incident, I know of no attempt by the Plaintiff to complete service
of process. Certainly, there has been no successful service of process on me.
I declare under penalty of perjury under the laws of the United States of America that the
forgoing is true and correct to the best of my knowledge.
Reidsville
(city)
North Carolina
(state/territory)
s/ Sarah Palmer
(signature)
2
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 3 of 3 Document 40-10
EXHIBIT K
My name is Eric Johnson, and I make these statements based upon my own
server attempted to serve me in this case, apparently acting on behalf of the Plaintiff. After
consultation with my attorney, I do not believe that service was valid. Since that incident, I
know of no attempt by the Plaintiff to complete service of process. Certainly, there has been no
successful service of process on me.
I declare under penalty of perjury under the laws of the United States of America that the
forgoing is true and correct to the best of my knowledge.
Paris
(city)
Tennessee
(state/territory)
s/ Eric Johnson
(signature)
2
Case 2:15-cv-01516-NJ Filed 04/14/16 Page 3 of 3 Document 40-11
UNREPORTED OPINION
Provided under E.D. Wis. Civil L. R. 7(j)(2)
98-2643
26,
1999
J.
BACKGROUND
Since the first step in summary judgment
analysis is a determination whether the
complaint states a claim for relief, we begin
with the allegations of the second amended
complaint.(FN3) They are as follows. In the
prior personal injury litigation, Hannigan
provided, through his attorney Lee Atterbury,
a number of releases for his medical records
to Borgelt attorneys Virginia Newcomb and
Eric Jensen. Each release contained, among
other information: the name of one medical
provider, a statement that the purpose of the
release was for investigation of a personal
-1-
DISCUSSION
Section 146.81-84, Stats., (patient health care
records) and 51.30, Stats., (treatment
records)
We begin with the claims asserted for
violations of Hannigan's rights under 146.8184 and 51.30, Stats. The first question is
whether obtaining patient health care or
treatment records by altering the patient's
consent form without his or her permission
violates either statute. To resolve this
question we must construe the statutes, and
we do so independently of the trial court. See
Lincoln Sav. Bank, S.A. v. DOR, 215 Wis.2d
430, 441, 573 N.W.2d 522, 527 (1998). We
conclude that neither statute creates liability
in a civil action for this conduct.
The purpose of statutory interpretation is to
discern the legislative intent. We first
consider the language of the statute and, if
the language of the statute clearly and
unambiguously sets forth the legislative
intent, we will not look outside the statutory
language to ascertain the intent of the
legislature. Id. We also consider related
sections. See City of Milwaukee v. Milwaukee
County, 27 Wis.2d 53, 56, 133 N.W.2d 393,
395 (1965). A statute is ambiguous when it is
capable of being understood in two or more
-3-
paragraph.
(c) An individual may bring an action to
enjoin any violation of s. 146.82 or 146.83 or
to compel compliance with s. 146.82 or
146.83 and may, in the same action, seek
damages as provided in this subsection.
(2) Penalties. Whoever does any of the
following may be fined not more than $1,000
or imprisoned for not more than 6 months or
both:
(a) Requests or obtains confidential
information under s. 146.82 or 146.83 (1)
under
false
pretenses.
(b) Discloses confidential information with
knowledge that the disclosure is unlawful and
is not reasonably necessary to protect another
from
harm.
(c)
Violates
s.
146.83
(4).
in
Private
Place
Misappropriation
We also conclude the complaint states no
claim under 895.50(2)(b), Stats. Hannigan
argues that the dictionary definition of
"trade" includes profession, which includes
the profession of law, and, he contends, by
submitting altered notarized documents that
were purportedly signed by Hannigan and by
forging his initials, the Borgelt attorneys did
use Hannigan's name for purposes of their
trade without his consent. We reject this
argument because it stretches the boundaries
of this misappropriation claim beyond those
recognized by our supreme court in Hirsch v.
S.C. Johnson & Son, Inc., 90 Wis.2d 379, 387,
280 N.W.2d 129, 132 (1979). While the court
in Hirsch did not apply 895.50(2)(a) because
that statute was enacted after the events
giving rise to the claim occurred, it did state
that Hirsch would have a cause of action
under that paragraph for the use of his
nickname "Crazylegs" on a shaving gel
product without his permission. In explaining
why Hirsch had a cause of action under
common law, even though there was no
common law right in Wisconsin for certain
other privacy torts, the court explained:
Public
Disclosure
of
Private
Facts
Attorney
Fees-Frivolous
Claims
conclude
that
the
trial
court's
-12-
We
therefore
reverse
the
court's
determination regarding frivolousness, and
remand for an evidentiary hearing and such
other proceedings as the court may consider
appropriate consistent with this opinion.
By the Court.-Judgment affirmed in part;
reversed in part and cause remanded with
directions.
Not recommended for publication in the
official
reports.
Notes:
(FN1) Section 146.81(4), Stats., defines
patient health care records as:(4) "Patient
health care records" means all records related
to the health of a patient prepared by or
under the supervision of a health care
provider, ... but not those records subject to s.
51.30....
Section51.30(1)(b), Stats., defines treatment
records as:(b) "Treatment records" include
the registration and all other records
concerning individuals who are receiving or
who at any time have received services for
mental illness, developmental disabilities,
alcoholism, or drug dependence which are
maintained by the department, by county
departments under s. 51.42 or 51.437 and
their staffs, and by treatment facilities.
The parties dispute whether any of
Hannigan's records are treatment records.
For purposes of our decision, we assume
without
deciding
that
some
are.
-16-