As we predicted, yesterday Judge Grimm was unimpressed by attempts to dodge process service and then plead improper process. As Bill Schmalfeldt reports, Team Akbar went 0-4 in motions against Brett Kimberlin’s federal R.I.C.O. lawsuit. The best they managed to do was annoy the court with petty complaints.
“Walker asserts he was served electronically despite having refused to consent to electronic service… Hoge asserts that, despite Plaintiff’s certification that e-mail service was effected, Hoge was not served at all. The failure to serve a party is no mere technicality. If there were any ambiguity, Plaintiff is now made aware that neither Walker nor Hoge has consented to electronic service and that (rule) requires physical service — that is, the delivery of a filing in hard copy by hand, mail, or other method expressly approved of in Rule 5 — unless a party consents to electronic or other service in writing. Proper service is a prerequisite for filing, and future motions will not be considered in the absence of proper service. Defendant Walker also has observed that Plaintiff’s signature block did not require with the technical requirements of (rule). Although these technical shortcomings do not relieve Plaintiff from his obligations under (rule), Plaintiff is cautioned to comply with the requirements of Rule 11(a) and to include his address, e-mail address, and telephone on all future filings.”
As always, Mr. Hoge immediately tried to score this as a Famous Victory. William Ferguson, a friend of this blog, left a comment under Hoge’s blog post observing that his overall legal “batting averages” against Brett Kimberlin and Bill Schmalfeldt are actually very low. Hoge immediately deleted Mr. Ferguson’s comment, because Mr. Hoge is a free speech hero. But then Mr. Hoge took the time to publish the comment (complete with Ferguson’s IP address and email) in order to refute it. If there was any doubt left that Mr. Hoge is a dissonant failure of a man, he has dispelled it. What is that old saw about a fool’s mouth?
For his part, Mr. Ferguson was laughing at Hoge on Twitter until early this morning. Like Schmalfeldt, Ferguson has received anonymized emails that read like bad PSYOPS propaganda. We have noticed that this activity seems to spike whenever Mr. Hoge feels the pressure — as legal matters heat up, or bad notices about Mr. Hoge appear in blogs. After Matt Osborne blogged about Hoge in December, Schmalfeldt received an email that promised retribution against Mr. Osborne and linked to a dox page that included a Social Security Number. As many times as Hoge has shown his readers anonymous emails that hurt his feelings, we have to wonder if some single person is wasting their entire life on this vindictive and convoluted project. Perhaps Mr. Hoge should expect to be asked about these matters in court?
Consider the fact that everyone Mr. Osborne credited in this long post about the National Bloggers Club at Crooks and Liars has received some measure of harassment by Team Akbar since it was published. What does all this mean in the context of a racketeering charge?
- Mr. Osborne, as we explained above
- Bill Schmalfeldt has been subject to criminal charges, lawsuits, and peace orders, mainly by Mr. Hoge but also by Lee Stranahan; the Kimberlin Unmasked blog has relentlessly defamed him; for several days last year, he received death threats on Twitter
- Largely because she autotweeted our blog posts, Melissa Brewer was misidentified as your humble author, with people digging up her old addresses and irrelevant dirt
- In November of last year, Alex Brant-Zawadzki received an email from Robert Stacy McCain which intimated that he had access to damaging emails and accused the journalist of attacking Kimberlin’s enemies on his behalf
And then there is RogerS, a regular commenter here. After a blogger named Roger Shuler was arrested in Alabama, Team Akbar practically fell all over themselves in a rush to speculate that Shuler was leaving comments in our blog as RogerS. This was not merely wrong, it was indicative of just how disastrous their “blog court” strategy was going to be. As evidenced by yesterday’s utter failure to dent Mr. Kimberlin’s federal lawsuit, every minute they waste on doxing and harassing people who cross them is another minute they have failed to prepare themselves for the legal reckoning that is coming. And it is surely coming, no matter how many games Mr. Hoge plays with Mr. Ferguson. He loses this game just by playing.
In closing, we note that Hoge pays very close attention to everything we say here. As others have observed, he cannot seem to live without us and often responds to us when we do not mention him. When we joked about his narcissistic pursuit of Schmalfeldt by parodying a classic television show plot, Hoge was inspired to write several unintentionally-revealing “Blogsmoke” posts of his own. Hoge always tries to one-up us. When we compared Hoge and his friends to the ancient comedy The Wasps, Hoge did his best imitation of a dramaturge. When Mr. Schmalfeldt joined a professional journalism society, Hoge joined it too. But when we spend all week writing about the Franklin Center and things tangential to Hoge, he seems to crave our attention again and demand the spotlight. And whenever there are setbacks to his “lawfare,” Mr. Hoge strikes out at someone in a desperate bid for attention that he does not deserve. We look forward to the day that we never have to write another post that mentions him. The worse he gets, the more certain that reckoning becomes.