Comes now Pio Se Befenuant William N. Schmalfelut in ieply to Plaintiff William }ohn }oseph Boge III's Notion to Stiike ECF 2u, Befenuant's Supplemental Notion to Bismiss. In suppoit of his ieply, Ni. Schmalfelut states the following: Befenuant agiees with Plaintiff's assessment of what he affectionately calls NTBS as being ieuunuant, anu has no objection to it being stiicken. Bowevei, as Plaintiff iaises questions in his Notion anu 0pposition to Stiike, Befenuant will choose to answei these questions to the best of his ability.
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Not auuiesseu as his point is taken anu agieeu with.
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Befenuant iespectfully uisagiees with Plaintiff, but as he has no objection to ECF 2u being stiicken, his uisagieements aie moot. 2 %-+-2%/2' %*-# 2*' !2%-(#'/2% +-%" (" )&R" @ M3B=
uiven the uiessing-uown Plaintiff ieceiveu in this Couit's iejection of his Pieliminaiy Injunction motion, it seems that Plaintiff is haiuly in the position to say what the Befenuant uoes oi uoes not unueistanu. As much of the Plaintiff's case seems to be baseu on insulting the uefenuant's intelligence, the Befenuant apologizes to the couit foi lacking the Plaintiff's "0livei Wenuell }ones-esque" giasp of legal issues. Bowevei, the Plaintiff's giatuitous insults asiue, Befenuant has not uemanueu oi stateu a belief that a plaintiff must lay out all of his eviuence as pait of his complaint. Bowevei, as stateu in his oiiginal Notion to Bismiss (ECF 1S), the Plaintiff's "saying" that he has stateu a claim upon which ielief can be gianteu is not iule of law as that ueteimination must come fiom the }uuge in this case. Befenuant maintains his stance that Ni. Boge has yet to uemonstiate a claim upon which ielief can be gianteu. Foi instance, if a Plaintiff has gianteu peimission to use his mateiial on his blog's Teims of 0se, the Plaintiff is not the ueciuei of fact as to what is "piacticable" anu what is not. The Couit auuiesseu that issue in its Nemoianuum 0iuei Bismissing Plaintiff's Notion foi Pieliminaiy Injunction in the instant case /< :9S:JB68ST B6 678 78B5:9U VWB:96:XX :9654SCJ8S 678 '85D< 4X #85;:J8 U4;859:9U 7:< -./+0#123 Y8E<:68" @WB" ,5U" -Z7" M[ 1++ 1456# 3\C46:9U 58W8;B96 V54;:<:49< 4X '85D< 4X #85;:J8=" 246BEW]T S8X89SB96 <6B68S 67B6 78 7BS BW<4 :9689S8S 64 :9654SCJ8 678 '85D< 4X #85;:J8 B< B9 8Z7:E:6T :9 <CVV456 4X 7:< 4Y9 V4<:6:49" '78 58W8;B96 V54;:<:49 4X 678 '85D< 4X #85;:J8 V85D:6< \C46B6:49< X54D -./+0#123T <4 W49U B< J58S:6 :< U:;89 64 -./+0#123 45 64 .5" ,4U8 B9ST ^Y7858;85 V5BJ6:JBEW8T_ B 7]V85W:9` 64 678 -./+0#123 Y8E<:68 :< V54;:S8S" 7," B6 Q"
8-./+ 9: ;<2=#"'+",&( >?@ AB #& 5#/+1 CDECBF Befenuant maintaineu anu continues to maintain that since Befenuant is not alloweu to post his ieplies to the vile, libelous, scuiiilous things wiitten about him by Plaintiff anu his commenteis, Befenuant has but one option to ieply, anu that is on his Twittei feeu anu on his blog. It is Befenuant's contention that he satisfies the Plaintiff's oiiginal teims of seivice, which the Befenuant changeu substantially on }une 26, 2u14, immeuiately following the Pieliminaiy Injunction Beaiing in this case. "#$$ %&'()(*+ , -./ 012 Befenuant maintains that by making these changes, the Plaintiff has pioven the Befenuant's asseition that Befenuant was, in fact, peimitteu to use the mateiial anu the new, moie stiingent iules aie meant to keep Befenuant anu otheis fiom using the mateiial as peimitteu in the past. The new Teims of Seivice seem to outlaw eveiyone who uisagiees with the Plaintiff fiom using his mateiial, as is (we suppose) his iight. This iight uoes not extenu to the use of comments, to which the Plaintiff uoes not own the copyiight. Befenuant will comply with Plaintiff's new, aujusteu anu impioviseu Teims of Seivice.
This Couit auuiesseu the issue of Plaintiff's claim of copyiight owneiship of his comments in its Nemoianuum 0pinion Bismissing Plaintiff's Notion foi Pieliminaiy Injunction.
8-./+ 9: ;<2=#"'+",&( >?@ AB #& 5#/+ CBF Since the only othei use fiom the late book 304-(. 5$-/6 Plaintiff claims infiinges his copyiight is the one linei fiom his uaily "Pinky anu the Biain" bit of whimsy, theie is no copyiight, theiefoie no infiingement. *',-( -((*(# Plaintiff uenies in his Notion that he has "evei wiitten anything uefamatoiy oi libelous about Befenuant." As libel is a legal ueteimination, I suppose that Plaintiff has a point as I uo not have a uecision fiom a juuge oi juiy (yet) that Ni. Boge has 7()$7$/ me. Befamation, howevei, is anothei stoiy. Two examples aie submitteu, but theie aie many, many moie. |See Exhibits C anu Bj Plaintiff can huff anu puff all he wants about the cuiient case being biought foi no othei ieason than piotection of his copyiights. That iationale uissolves like tissue papei in watei when applieu to all the othei people who have useu Ni. Boge's full blog posts, eithei with oi without peimission anu aie cuiiently walking aiounu S un-sueu by Plaintiff. It will be appaient by the conclusion of this case that the Plaintiff has one ieason foi filing this suit, anu that is to use yet anothei Couit of Law as a weapon against this Befenuant %-+-2%/2'O# (-f!-#' +*( #/2)'&*2# %*-# 2*' )*.@10 >&', +-%" (" )&R" @" FF3J=3Q=
Again, Befenuant bows to Plaintiff's expeiience with lawsuits, this being the Befenuant's fiist. As Befenuant's mothei useu to tell him anu %887$+(-+*$+ 9 cleaily states: GH. +9+6I&2$%/ &2+6+ $1 # 1+#1.%( #%, # &$=+ &. +9+6I 5465.1+ 4%,+6 &2+ 2+#9+%JK
When the appiopiiate time comes to ask foi sanctions, Befenuant will file the piopei motions. )*2)1!#&*2 Although politely uisagieeing that ECF 2u, oi NTBS (as Plaintiff calls it) is $.*(4$7: without meiit, it is ieuunuant anu Befenuant has no objection to it being stiicken. Befenuant will stanu on his oiiginal motion to uismiss, augmenteu by this Couit's finuings iegaiuing the impiobability of Plaintiff succeeuing on the meiits of his case. Befenuant asks that the }uuge take juuicial notice of the fact that Plaintiff changeu his blog's Teims of Seivice on the afteinoon aftei the Pieliminaiy Injunction Beaiing on }une 26, 2u14 wheie Befenuant maintaineu the Teims of Seivice, in theii pievious incaination, expiessly peimitteu Befenuant's use of Plaintiff's mateiial. Befenuant intenus to ask this Couit at whatevei heaiing is next on the scheuule to BISNISS the Plaintiff's Amenueu Complaint anu to allow the Befenuant to pioceeu with his pieviously-fileu Counteiclaim. 6 In this Couit's iecent Nemoianuum 0pinion uenying Plaintiff's Notion foi a Pieliminaiy Injunction, the Couit pointeu out the numeious anu potentially fatal weaknesses in Plaintiff's case. Anu what was Plaintiff's iesponse in leaining that his motion hau been uenieu. *X J4C5<8T & BD S:<BVV4:968ST EC6 678 gCSU8O< 5CW:9U V4:96< 4C6 <8;85BW YB]< 67B6 & JB9 JWB5:X] D] JB<8 64 678 J4C56 B< 678 WBY<C:6 V54J88S<" 8;++ >L2$M$& >F
Such statements shoulu show the pioof of what this Befenuant has been saying all along, evei since the fiist of his S67 fiivolous ciiminal complaints weie fileu against Befenuant, evei since Plaintiff misspoke about the uifficulty of "blocking" Befenuant on "Twittei" to a Caiioll County, Naiylanu, Ciicuit Couit }uuge, anu now that he has iun out of States' Attoineys offices to file his vexatious complaints with, it shoulu be abunuantly cleai that this Plaintiff's intention heie is not to seek ielief foi a copyiight infiingement. This Plaintiff's motive seems to be exactly what Befenuant maintains it is. A "wai of attiition." A uesiie to weai uown the Befenuant, to "iun him to giounu" until he eithei thiows up his hanus anu gives up because his Paikinson's uisease-stiicken bouy just can't hanule it any moie, oi until the Befenuant uies as the iesult of the enhanceu acceleiation of Paikinson's that is causeu by such stiess. ;%&'()(* <=2 Plaintiff is an intelligent, leaineu man, accomplisheu in his fielu. Be is ceitainly able to ieau the hanuwiiting on the wall. Bis choosing to ignoie it can only mean he intenus to push his case to the bittei enu. Noie's the bettei if it happens to be the Befenuant's "Bittei Enu" as well. 7 Since this Couit has alieauy ueteimineu in its Nemoianuum 0pinion uenying Plaintiff's Notion foi a Pieliminaiy Injunction that Plaintiff is not likely to succeeu on the meiits of his Amenueu Complaint, this Couit shoulu uismiss Plaintiff's Amenueu Complaint anu allow the Befenuant to puisue his Counteiclaim with no fuithei uelay by the Plaintiff. If it please the Couit, Befenuant iequests a heaiing uate on his Notion to Bismiss at the eailiest oppoitunity.
BATEB: }0LY S, 2u14 Respectfully submitteu,
William N. Schmalfelut, >?@ #% 66S6 Washington Blvu. Lot 71 Elkiiuge, NB 21u7S 41u-2u6-96S7 bschmalfelutcomcast.net
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I ceitify unuei penalty of peijuiy that the foiegoing is tiue anu coiiect to the best of my knowleuge anu belief anu all copies aie tiue anu coiiect iepiesentations of the oiiginal uocuments.
William N. Schmalfelut )856:X:JB68 4X #85;:J8
I ceitify that on the Siu uay of }uly, 2u14, I seiveu a copy of the foiegoing Reply to Plaintiff's Notion foi Pieliminaiy Injunction anu Nemoianuum in Suppoit of Befenuants Notion to Bismiss by Fiist Class Nail to W.}.}.Boge, 2u Riuge Roau, Westminstei, NB 211S7 by Fiist Class Nain, Ceitifieu, Retuin Receipt Requesteu.