On A Recent Dismissal

I found it very… interesting… to note the words used in the dismissal of the most recent LOL Suit filed by Bill Schmalfeldt against myself and another person. Because there is always what the words literally say and the hidden meaning underlying it all. Let’s look and see what we find.

ashampoo_snap_2016-09-14_15h15m20s_009_

There were, of course, a couple of things that jumped off the page to me. The initial reason for the dismissal is under the Federal Rules of Procedure, and I’m going to come back to that in a little bit. But it also refers to the dismissal as being under an interesting local rule – rule 83.38. The rule reads:

local-rule-83-38

So this local rule is applied in five different situations. I don’t think there was a conflict of interest, since Bill Schmalfeldt had never dealt with this particular law firm and or any of its agents before it seems; I highly doubt that the counsel was not competent to represent this type of case; there could have been incompatibility or substantial disagreement on litigation strategy, but since there was only this one motion there isn’t much to judge that on; I also doubt that there could have been a lack of time necessary to properly take on the case.

That leaves only one thing. It’s the one thing my lawyer from the PREVIOUS time Bill Schmalfeldt sued me tried to tell him. It’s the one thing David Edgren tried to tell Bill Schmalfeldt both when he sued David (and myself and others, including the other person he was suing this time).

It’s the one thing that EVERYONE on this side of the fence has tried to tell him. That suing for butthurt is “proceeding for the purposes of harassment or malicious injury, or the party’s claims or defenses are not warranted under existing law and cannot be supported by a good faith argument for extension, modification, or reversal of existing law.” Oxford Comma included.

So, because, boiled down to its essence, butthurt is NOT a tort and you cannot get away this kind of lawfare and expect a lawyer to willingly risk their licence to practice with what amounts to harassment.

Full stop.

And so, since Barrister Sorich did his due diligence, like a conscientious lawyer, he wanted his law firm OUT of this mess Bill Schmalfeldt had made.

ashampoo_snap_2016-09-14_15h16m52s_010_

Go figure.

Now, I said that I would get back to the FRPC rule that was mentioned. There’s a little codicil that I noticed when I read Rule 41. I’ve included it here and highlighted it for your reference.

ashampoo_snap_2016-09-14_15h19m02s_011_

I’m thinking somebody can’t claim something any longer as it relates to certain people.

Heh, heh, heh.

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About The Dread Pirate Zombie

Member of the Zombie Horde and Lickspittle Minion. Out to eat your brainnnsssss. And a few other sweetbreads because they are so nomm-y. Be afraid. Be very afraid.
This entry was posted in Bill, Butthurt, FAIL Raaaage!, Laughing at Losers, PLM. Bookmark the permalink.

20 Responses to On A Recent Dismissal

  1. Jane says:

    Nice of the captive lawyer to point that out to the defendants, eh?

    Liked by 3 people

  2. Russ says:

    Someone is gonna need to invest in some non-bunching panties when he figures out the relevance of the last highlighted section.

    Liked by 4 people

    • Jane says:

      Don’t worry – – FAILsuit VIII is in no danger. Remember, this is the babbling buffoon who sued for a tort not recognized where the lying laardvark filed. Dementia will make sure we get an 8th FAILsuit with plenty of PLM.

      Liked by 5 people

      • Cube says:

        IANAL but shouldn’t there be legal consequences for “proceeding for the purposes of harassment or malicious injury”? Especially since this isn’t the first time he’s done this.

        Liked by 3 people

        • Oh, there can be. Just remember – STOVE HOT! DON’T TOUCH!

          Liked by 2 people

          • Dr_Mike says:

            I know I’ve been hoping for counterclaims for the last suit being filed, oh, say Sept 26. Just so Bill is, um, shall we say “calm and well comported” in the hearings the next day, and not say “wound up tighter than a ballerina’s panties when she catches them on a nail at the start of a pirouette.”

            Feel free to delete this if that is, in fact, the actual plan.

            Liked by 3 people

      • JeffM says:

        Jane

        “Babbling buffoon” is quite good in itself and easy to vary. “Blubbering buffoon” for you’re-killing-me-Bill. “Blustering buffoon” for mad-dog-Bill. “Broken Down Buffoon” for I’m-a-martyr-to-Parkinson’s-Bill. “Ballooned Buffoon” as a cut line below any photo of his corpulent rotundity.

        You have struck verbal gold.

        Liked by 1 person

    • John “Minemyown” Doe says:

      Yep, the words Res judicata and collateral estoppel comes to mind.

      Liked by 2 people

  3. Minemyown says:

    Defendants John and Jane Doe.

    Hi my name is John “Minemyown” Doe.

    Liked by 1 person

  4. Adriane says:

    HYPERTECHNICAL!!!!

    Liked by 1 person

  5. Neal N. Bob says:

    And so the game moves back to Maryland.

    Liked by 3 people

  6. Mr Minority says:

    You mean The Shit Rolling Fear Pee Leonidas traveled allllll the way to Chicago, risking his life with no Life Alert, wasting the last dollar of Gail’s Death Money to see a lawyer which tells him “You got no case sport, butthurt ain’t tort”

    Damn, karma is a bitch!

    Liked by 3 people

  7. Occam's Toothbrush says:

    Embrace the power of ‘and’, do not exclude the possibility that 3) ..personal incomparability could have also played a role. Picture mayonnaise man at his slimiest and most obsequious manner attempting to persuade the attorney of his righteous cause. It is entirely reasonable to think the attorney came away with an “I can’t stand another minute around this fat fuck” feeling.

    Like

    • Given how many other people have come away with exactly that feeling, you are probably right. My letter from Bill telling me he’d dropped me with prejudice from LOLSuit VI is still in the car; everytime I see it I get squicked out at the thought of just having to touch something he touched (once to open and read it was once too often, thank you), never mind defile my home with it.

      Like

    • This Other Latin F*cker says:

      Bill is a huge ass kisser until he doesn’t get his way. Then the angry toddler comes out and he yells and bitches. Just fucking pathetic to watch a grown man act that way.

      Like

  8. wjjhoge says:

    Everything is proceeding as I have foreseen.

    Liked by 2 people

  9. Pablo says:

    That leaves only one thing. It’s the one thing my lawyer from the PREVIOUS time Bill Schmalfeldt sued me tried to tell him. It’s the one thing David Edgren tried to tell Bill Schmalfeldt both when he sued David (and myself and others, including the other person he was suing this time).

    And the wind cried “Randazza.”

    Like

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