4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 1 of 8

United States District C~c- 9

For the District of South Carolina AM;lf: 43
Florence Division
William M. Schmalfeldt, Sr. )
)
Pro Se Plaintiff )
)
-v- ) Case.# 4:l 7-cv-01310-RBH-KDW
)
Patrick G. Grady, William John )
Joseph Hoge III, Eric P Johnson, )
and Sarah Palmer )
(Defendants) )
)

PLAINTIFF'S MOTION IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

FOR LACK OF PERSONAL JURISDICTION, DEFENDANTS' MOTION TO STRIKE,
DEFENDANTS' MOTION TO MAKE MORE DEFINITEAND DEFENDANTS'
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FOR WHICH RELIEF
CAN BEGRANTED

PlaintiffSchmalfeldt hereby submits his opposition to Defendants' above-cartioned

motions (ECF 45) before this Court as follows.

I. This Court Has Specific Personal Jurisdiction Over the Defendants . .

While is is true that each of these defendants is a non-resident of South Carolina and none

have been served within the state of South Carolina, their actions in the instant case subjecnhem

to specific personal jurisdiction in South Carolina. This would not deprive the defendants of Due

Process of the Law. In fact, denying Spycific Personal Jurisdiction would also derty Plaintiff his

last, best opportunity to seek justic~ for the years of abuse he has had heaped upon him by these

Defendants and would require him to either drop his quest to end this abuse, or to be forced to try

again in either Maryland, Illinois, Tennessee or North Carolina where he would face similar

jurisdictional issues for the Defendants not living in the chosen forum state. Plaintiff has.pleaded
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 2 of 8

conduct which creates a substantial connection with South Carolina. (See accompanying

Memorandum of Law.)

II. There is No Compelling Reason to Strike Any Portion of Plaintiff's Second Amended
Complaint Due to Rule 12(f) of the Federal Rules of Civil Procedure.

The Court should dismiss the Motion to Strike f9r the following reasons:

a. Defendant Grady admitted to Plaintiff via an online post that he is a functioning

sociopath. In fact, Grady wrote about his disorder in a blog post. (Exhibit A) .The estrangement

and divorce of his wife occurred approximately the same date Palatine, Illinois, police reportedly

spoke to Grady regarding his harnssing and defamatory activities, a fact that may have been

unknown to his wife. It is not beyond the scope of reasonability to believe these facts, placed into

motion by Plaintiff, were the reason for the estrangement and divorce, a fact which Grady would

naturally blame the Plaintiff.

b. There is nothing scandalous about revealing the fact that Defendant Hoge is a widower

and that his wife died on Thanksgiving Day, 2016.

c. Defendant Johnson has written in the past ~bout his wife living in Indonesia. He rarely

mentions her in his writing. It is a fact that his daughters joined the military at early ages. It is an

established fact, as a witness will verify at trial, that Johnson mounted a nearly successful

campaign to have Plaintiff kicked out of his Wisconsin apartment by contacting the property

manager and the Cardinal Capital Management Board of Directors to label Plaintiff as a child

pornographer, leading to a visit from the Saint Francis, Wisconsin, police during which they

checked Plaintiff's computer for the alleged and non-existent child pornography. This is relevant

because it establishes a connection between Johnson's previous actions and his affect on Plaintiff

in South Carolina and property managers considering providing rental space to Plaintiff and,his

!
fiance.
'

i
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 3 of 8

d. Defendant Palmer did, based on conversations with her ex-husband, abandon her

family to move from California to North Carolina to take up residence with a man to whom she

was not married. It is a settled fact that Palmer did seek and receive a restraining order against

Plaintiff to "protect" herself and her grandson from the 62-year old, disabled Plaintiff.

e. The D~fendants give no rationale for striking Paragraph 9 of the complaint. The

paragraph explains how the Court can establish that Defendants can be subjected to Specific

Personal Jurisdiction in South Carolina. The purpose of a complaint is. to outline the reason the

Plaintiff seeks relief from the Defendants, and Paragraph 9 goes a long way to explain that

rationale.

f. The Defendants give no reason for asking the Court to strike Paragraph 10 of the SAC.

g. Paragraph 13 and 14 are accurate and verifiable descriptions of how Defendant Hoge

engaged in personal defamation in the past against Plaintiff.

h. The Defendants give no reason for asking the Court to strike Paragraph 21 of the SAC.

i. The Defendants give no reason for asking the Court to strike Paragraph 25 of the SAC.

j. The Defendants giv_e no reason for asking the Court to strike Paragraph 31 of the SAC.

III. The Defendants Are Attempting to Throw Cold Water on Plaintiff's Argument for
Specific Personal Jurisdiction by Focusing on Allegations Made for Actions Taken Against
Plaintiff Before He Moved to South Carolina in April 2017

a. As the allegations mentioned in Paragraphs 4 and 5 are on the SAC to establish a

pattern of conduct, several of the allegations which the Defendants seek a more definitive

statement to relate to activities occurring before Plaintiff moved to South Carolina.

1. In Paragraph 9 of the SAC, Plaintiff alleges "(a)llfour defendants have

3
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 4 of 8

remarked on Plaintiffs difficulty in finding a permanertt residence since moving to South

Carolina in April 2017." On July 8, 2017, Defendartt Hoge wrcite: 1

Thus, the Cabin Boy h~d just searched Hogewdsh! and had seen for
himself that I have never published anything about him as a tenant. Yet, he1

recklessly published that false tweet any way (sp ). That was very unwise.

It would also be unwise for any litigant in a civil matter to move without
immediately informing the court(s) involved of his change of address.

UPDATE-] suppose Schmalfeldt's question deserves an answer.

Hypothetically, it would not be OK for someone to be denied a lease because
of lies someone had told about him. However, I don't believe that is what has
happened to Bill Schmalfeldt.

On July 18, in the comment section of Defendant Hoge's blog:

(Anonymous Blogger) I enjoy that a DUMBFUCK seems t<{be suing on

behalf of South Carolina landlords. I enjoy that a lot.

(Defendant Palmer aka "Ashterah") IKR???? *gigglesnort* (IKR means, "I

know, right?/
\

On July 18, on a blog by Marvin J. Rodriguez, Defendant Grady wrote: 3

Well, after I email-blasted EVERY LANDLORD INTHE ENTIRE STATE

OF SOUTH CAROLINA (no, really - there's a list) and reminded them
that STEP 1 of any background check is RUN A CREDIT REPORT on any
prospective tenant, that general advice has apparently guaranteed that a
guy with two moves in 6 months and a pending lawsuit in Maryland is
going to get the brush off.

. . 4
On July 8, on Defendant Hoge's blog, Defendant Grady wrote:

1
https://hogewash.com/201,7 /07 /08/prevarication-du-jour-155/-
2 https://hogewash.com/2017 /07 /18/im-not-making-this-up-you-know-164/
3
https ://sonoranconservati ve.com/201 7/07 / l 8/hel p-me-i-need-a-medic/comment-page- I I
4
https://hogewash.com/2017 /07 /08/team-kimberlin-post-of-the-day-1577I

4
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 5 of 8

Wait, you mean landlords don'tlike renting their property to any disheveled,
nutshuffling two-steps-from-homeless-three-to-the-grave stews (bu)ins who
stumble in off the street with neither job nor prospects of finding one?
. . 5
On July 10, Defendant Johnson, aka "buspassoffice" wrote on Defondant Hoge' s blog:

Idiot still can't read, don't worry affidavits, discovery, will be from the
mother, forcing you to read your ugly sexual harassment of children in
court including the ugly comment you made about your own daughter

But you have a hearing Friday and a show cause with incarceration
recommendations hearing loooong before anything will go onein your rule
11 suit.

Then it's welcome to Tennessee

On June 28, 2017, Defendant Johnson wrote on Defendant Hoge's blog: 6

The Scat in the Hat

Said to his missing fat sow
I'm going to sue a judge
I'll show you how
By faking a condition
He must obey me
Or he'll face the wrath
Of an average manatee
I'll take him to court
The court of my mind
And in that place
He will surely be mine
This bench judge pest
Has Sorely vexed me , I

He will regret
As he watches me flee

7
On July 25, Patrick Grady wrote in Defendant Palmer's blog:

No, what's really good is that this is what he does on the internet to people
who disagree with him, who point at him, laugh at him and mock him ...

5
https://hogewash.corn/2017/07 /09/tearn-kirnberlin-post-of-the-day-1578/
6
https://hogewash.corn/2017 /06/28/tearn-kirnberlin-post-of-the-day-1567 I
7
https:/ /billysez.wordpress.com/2017107 /25/proving-the-point-2/

5
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 6 of 8

... and then he wonders why no landlord in South Carolina will rent an
apartment to him.

He just doesn't seem to present himself as an attractive tenant. And that's

even before the background check_reveals that he is seeking his third rental
home in less than a year (fifthtotal if you toss in the transient .flophouses).

2. Paragraphs 15, 16, 19, 23, 28 and 30 have less to do with establishing Specific

Personal Jurisdiction in South Carolina than they do with establishing a pattern of conduct

leading to the Defendants' tortious acts after Plaintiff moved to South Carolina.

3. When Plaintiffs case is presented to a jury, not only will the jury hear about

the harm they have caused to Plaintiff by their specific, manifestly intended targeting of their

defamatory comments to the forum state, Plaintiff plans to introduce evidence of defamation and

other alleged torts going back to late 2015. All this Court needs to do is take a look at any of the

three mentioned blogs and the comments inserted after each post to see the scurrilous and

scandalous accusations made against the Plaintiff, not only since his move to South Carolina, but

before.

4. There are other potential defendants who may well be permissively joined to

this suit as it progresses, if it is allowed to progress as justice demands.

IV. Are the Defendants saying the US District Court for the District of South Carolina
Cannot Grant Relief to a Plaintiff Alleging Libel, Conspiracy, Reckless Conduct/Wanton
Misconduct and Abuse of Process?

a. Upon closer inspection, the Defendants will see allegations of libel per se against the

Plaintiff after he moved to South Carolina. They can be found in the Exhibits. They can be found

in Paragraph 9 in the Second Amended Complaint. More will be offered during Discovery and

during the Trial.

__;..
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 7 of 8

b. Regarding Plaintiffs allegations of conspiracy, a review of the South Carolina

Supreme Court's ruling in Pye v. Fox; 369 S.C. 555, 633 S.E.2d 505 (2006) might be instructive.

(See accompanying Memorandum of Law.)

c. Regarding Count III, the damage caused by Defendants' to Plaintiffs online reputation

continues to this day. (See accompanyingMemorandum of Law.)

d. Regarding Count IV, Defendant Palmer must have missed Paragraph 38 in the SAC

which alleges:

The restraining order process was not designedto P.ermit a vindictive petitioner to
use ulterior motives to gain such a powerful order against another person just
because she doesn't want to answer a question about whether or not she lied about
her place of residence. This is an abuse of process for which Palmer must be held
accountable.

V. Conclusion

Under 28 USC 1915(e)(2)(B), the Magistrate Judge is tasked in the filing of her Report

and Recommendation to ensure that the action is not frivolous, does not fail to make a claim on

which relief can be granted, and does not seek monetary relief against a defendant that is

immune from such relief. Plaintiff overcame that hurdle with the Magistrate Judge's ruling in her

Report and Recommendation allowing the pro.se Plaintiffs case to proceed. Having already

ruled, in effect, that the complaint does not fail to make a claim upon which relief can be granted

and determining that the action is not frivolous, Plaintiff wilLaddress the questions of Specific

Personal Jurisdiction along with the specific rationale for a finding in Plaintiffs favor in the

remaining four counts in the accompanying Memorandum of Law.

WHEREFORE Plaintiff for the above reasons Plaintiff respectfully prays that the

honorable Court DENY the Defendants' Motion to Dismiss for Lack ofPersonal Jurisdiction, the

7
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46 Page 8 of 8

Defendants' Motion to Stroke, the Defendants' Motion to Make More Definite and the

Defendants' Motion to Dismiss for Failure to State a Cl_aim Upon Which Relief Can Be Granted.

Respectfully submitted this 7th day of August, 2017

William . Schmalfeldt, Sr., Pro Se
WoodSpring Suites
220 WhittyDrive, Room 121
Myrtle Beach, SC 29579
843-429-0581
- fruthatory@outlook.com

AFFIDAVIT

I, William M. Schmalfeldt, Sr., solemnly affirm under the penalties of perjury that the

contents of the foregoing paper are true to the best of my knowledge, information, and b ef.
l.
'
,//17',
Dated August 7, 201 7 William M. Schmalfeldt, Sr.
. 1--~
l

8
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-1 Page 1 of 4

EXHIBIT A
Blog post by Plaintiff including post by Defendant Grady admitting his bipolar disorder.

9
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-1 Page 2 of 4

https://web .archive .org/we b/20160104024300/http://thepontificator.com/2016/

01/02/patrick-gradys-mental-illness-is-affecting-his-mental-health/

Patrick Grady's Mental Illness is Affecting

His Mental Health
Published on January 2, 2016 in Featured by The Editoi" ,
You have to go looking in the archives. But here it is. See for yourself why Patrick Grady, aka
"Paul Krendler" is a dangerously sick individual who needs to be put away someplace where he
won't hurt anyone, or even himself.

Read, and be horrified!

https://web.archive.org/web/20101114110214/http:/!www .48days.net/forum/topics/help-my-
mental-illness-is

Help! My Mentallllness Is Affecting My

Mental Health!
Posted by Patrick Grady on November 7,2010 at 9:10am in Miscellaneous
View Discussions

Does anyone here suffer from bipolar disorder?

Does anyone also suffer from overprotective family always on the watchfor that footstep on the
manic tripwire? .

As a sufferer of the disorder, I am prone to big ideas and big plans. Big ideas and big plans =
manic behavior. .

Manic behavior = BAD.

But ... big plans and big ideas= creating work I love= SUCCESS.

So ... SUCCESS= BAD?

Uh-oh.

Basically, I hate my job, and I think of lots of things I could do to create income while I work my
way ~ut from under the current job. But every time'! open my mouth, niy wife says "Sounds like
manzc behavior to me," and that's the end of that.

10
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-1 Page 3 of 4

But wait ...here's comes the'REAL curveball. Not only ani I bipolar, but my /5 year old son is
disabled - spina bifida. Health insurance is very, very important at my house!

5 years ago, I thought I was boxed in because I couldn't pay my debts. Then I found Dave
Ramsey and I've dragged my wife kicking and screaming almost to the point offreedom. But this
- I have no defense, because lam bipolar, and I am prone to big thoughts & plans, and she
absolutely refuses to a) open up to Dan Miller or Dave Ramsey or Zig Ziglar or any other
positive thinker that I read or listen to. Even the Bible doesn't hold any water against her
will. Because - and I can't help but love the irony - the act of me engaging in an argument, or
even a conversation that involves me saying "You know, I respectfully disagree with you,"
constitutes manic behavior!

How's that for a vicious circle?

So - anybody out there have any escape routes that I haven't found?

Pat

Here's where Pat calls his son, his flesh and blood, an "anchor".

Profile Information
How did you hear about 48Days .NET, and what do you hope to get out of being a part of this
community?
Dave Ramsey
What is your current worksituation? Employee, self-employed, generating any income on your
own? '
Employee - 1 full time day job that is not my calling, plus r part time job delivering pizza to
push the Debt Snowball.
And then ...what is your goal/dream for your work life?
I've been coordinating FPV for 4 years. Every now and then I get a chance to sit down with
students and dig into their finances and help them develop plans to get back on track. Whenever
I finish, 1 float back to my car,filled with joy.

Whenever 1 talk about personal finance,/ feel like I'm going to explode with passion! I can
write, I can speak in front of crowds as longas I'm well prepared, and I havefeltfor all my adult
life that I missed my calling to be a teacher!

I know I can monetize this. there .are dozens of possible markets and vehicles. The only thing I
can't do is find the time.

How about your personal life? Any specific goals or achieveinents or dreams you are pursuing
(or want to pursue)?
I would love. to get out of corporate America. I work for a Fortune 500 company, and I feel
anonynious and stifled.

11
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-1 Page 4 of 4

The big anchor that keeps me there is the fact that/ have a 14 year old son with spina bifida, a
crippling birth defect, and I am a diabetic. The need for health insurance is enormous, and I
cannot right now see a wayto go in the direction.God is calling me without putting my health
and the health of my son in jeopardy.

What would you say are your strongest talents? How are you 'wired' and what can you offer to
the world (it's OK if you don't know yet, but knowing is key to pursuing your dreams!)?

I have computer programming and analysis skills, but that's not my calling.

I love solving problems and teaching people how to solve their own.

I can write - I've adapted a novel to a screenplay (for practice) and_written a novel and short
stories. I find myself drawn toward essays and sermons nowadays, when the mood comes upon
me.

I will.find a reason to stand up in front of almost any open microphone. I'm not afraid to
embarrass myself in front of others. (Obviously not; Editor)_

And it seems like this Michael Shermwell understands your rationale for the hatred of the true
love Gail and I continue to share across the great divide. He wrote, in answer to you:r whining
post. ..

It sounds to me like you guys are missing that mutual understanding. Throwing up mania in your
face when you have an idea .is really unfair and somewhat cruel, if I may be blunt. You are
asking for "escape" routes. That doesn't speak to a healthy" relationship, and neither does
dragging her towardfinancialfreedom "kicking and screaming". It sounds like you two aren't
really on the same page. I realize that your disorder and whatever issues she has probably don't
sync up, as any two people will have different views on things, but you can.find some middle
ground. It sounds like she has devalued your opinion based on your disorder. Oh, and to be fair,
things rarely go one way. In. other words, I'm sure you both have responsibility for where you
are right now in your relationship. So that's really where you will.find "escape", by working on.
your relationship, not leaving it or ignoring her w_ishes. True "escape" from these i$sues will
come with time, effort, and understanding. Then you canfind peace.
I .

AND ALL THIS SHIT WAS BACK IN 2010!!!

How about YOU get YOUR shit together before dumping on me or my memories of 27 fulfilling
years with the woman of my dreams, you sick, psychotic fuck?

(Drops mic.)

12
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 1 of 20

United States District GoMJt1-9 1tt1.1n 44

For the District of South Carolina
Florence Division
William M. Schmalfeldt, Sr. )
)
Pro Se Plaintiff )
)
-v- ) Case# 4:l 7~cv-01310-RBH-KDW
)
Patrick G. Grady, William John )
Joseph Hoge III, Eric P Johnson, )
and Sarah Palmer )
(Defendants) )
)

PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION IN

OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL
JURISDICTION, DEFENDANTS' MOTION TO STRIKE, DEFENDANTS' MOTION TO
MAKE MORE DEFINITE AND MOTION TO DISMISS FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF CAN BE GRANTED
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 2 of 20

TABLE OF CONTENTS

TABLE OF AUTHORITIES ....... .': .......................................................... iii

INTRODUCTION ...................................... :: ....................................... 1

ARGUMENT .................................................... -. .................... ............. 2

I. The Case for Specific Personal Jurisdiction ................................ 2

II. The Case Against Defendants' Allegation That Plaintiff's Claim for Libel is
Tantamount to a SLAPP suit ................................................ 6

III. Previous Dismissals Have Nothing to Do with 1he Instant Case ...... 8

IV. The Question Presented by (he Motion to Dismiss for Failure to State a
Claim Upon Which Relief Can Be Granted Has Already Been
Answered ....... ;................................................................... 8

V. The Defendants Err In Stating the Plaintiff Has Not Alleged Damages for
Conspiracy ......... _............................................................... 9

VI. The Case for Abuse of Process ............................................... 10

CONCLUSION.................................................................................... 12

EXHIBIT .............................................. .-.......................................... 14

11
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 3 of 20

TABLE OF AUTHORITIES

Cases

ALS Scan, Inc. v. Digital Servs. Consultants, Inc 293 F.3d at 712 (citations omitted) . . .. 3

ALS, 293 F.3d at 713-714 (citations omitted) .... :................................................ 3

Calder v. Jones, 465 U.S. 783, 789-90(1984) ..... , .......................... , . . . . . . . . . . . . . . ... 4

Cowburn v. Leventis, 366 S.C. 20, 49,619 S.E.2d 437,453 (Ct. App. 2005)... ....... ..... 9

Ellis v. Davidson, 358 S.C. 509, 595 S.E.2d 817 (Ct App. 2004) ........................ -..... 9

Goodyear Dunlop Tires Operations, SA. v. Brown, 564 U.S. 915 (2011)...... ... ... ... ... 4

Gynecology Clinic v. Cloer, 334 S.C. 555, 514 S.E.2d 592 (1999)............ ...... ...... ... 10

Int'! Shoe Co. v. Washington, Office of Unemployment Comp. & Placement, 326 U.S. 310,
316 (1945) ............... . .. ;.............................................. . ...... :.... .......... ... 4-

lsland Car Wash, Inc. v. Norris,. 292 S.C. 595,601,358 S.E.2d 150, 153 (Ct. App. 1987) 9,10

J McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873, 881 (2Ql 1)... .. . . . . . . . . . . . . . . . . . . ... 4

Kenney v. Independent Order of Foresters, 744 F.3d 901 (4th Cir. 2014) (page 13, citing West
Virginia ex rel. Chemtalllnc. v. Madden, 607 S.E.2d 772, 779-'-80 (W. Va. 2004)..... .. 3

LaMotte v. Punch Line of Columbia, Inc., 296 S.C. 66,370 S.E.2d 711 (1988)... .. . . .... 9

Lee v. Chesterfield Genera/Hosp., Inc., 289 S.C. 6, 13, 344 S.E.2d 379, 383
(Ct. App. 1986) ....................................................... , ................ ;............ 9

Lyon v. Sinclair Refining Co., 189 S.C. 136,200 S.E. 78 (1938) ............... ."............. 9

Mellon Bank (East) PSFS, Nat. Ass 'n v. Farino, 960 F.2d 1217, 1221 (3d Cir. 1992).... 3

Peoples Federal Savings & Loan Ass 'n of S. Carolina v. Resources Planning Corp., 358 S.C.
460,470,596 S.E.2d 51, 56-57 (2004)... ... ........................... ... ...... ...... ....... ... 9

Pye v. Fox, 369 S.C. 555, 633 S.E.2d 505 (2006) .......... ;................................... 9

Shaffer v. Heitner, 433 U.S. 186, 187 (1977).............................................. .. . . . 4

Walden v. Fiore, 134 S. Ct. 1115, 1121-22 & n.6 (2014)...... .. . . . . . . . . .. . . . . . . . . . . . . . . . . . .. 4,5

lll
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 4 of 20

Wells v. Liddy, 186 F.3d 505, 521-22 (4th Cir. 1999) ... :..................................... 2

World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286,297 (1980).... .. ...... ..... .. 3,4

Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119, 1124 (W.D. Pa. 1997)... ... 3,4

Rules

Restatement (First) of Conflict of Laws 377 n.5 (1934).................................... 2

Statutes

SC Code Ann. 36-2-803(l)(c) ... , ............. ;............................. .-,-............... 2

IV
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 5 of 20

INTRODUCTION

The main question of this case is whether a pers~m has the right to seek judicial relief

from people who have been hounding, harassing, threatening, libeling and conspiring against

him for years. Can a personwho moves frorri Maryland to Wisconsin to Iowa to South Carolina

rely on the Federal Court System to seek justice against individuals whose onlirte actions extend

beyond the borders of the forum state of South Carolina, but who have definitely affected the

Plaintiff and his attempted business dealings in South Carolina? Can libelous statements written

before the Plaintiff moved to the forum state but read by potential landlords in the forum state be

brought to the attention cif the Court? Can conspiracy conducted by Defertdarits before plaintiff

moved to forum state, as well as conspiracy that continues to this date, be shown to a forum state

jury? Can reckless conduct/wanton misconduct that occurred when Plaintiff lived in Maryland,

Wisconsin and Iowa be mentioned in the complaint along with the same torts that continue to

occur even now?

Plaintiff has determined that after years of suffering abuse at the hands of the Defendants,

his only chance of making it stop is to hit the Defendants where it hurts the most, in the wallet. If

Specific Personal Jurisdiction is denied, the Plaintiff is faced with the choice of dropping his case

altogether, end-ing his attempt to live the restofhis life without being harassed by these Internet

Bullies, or giving up his search for justice in his new home state and seeking specific personal

jurisdiction over defendants living in Illinois,"Maryland, Tennessee and North Carolina, or

picking one of the defendants' home states and facing the same.problem with specific personal

jurisdiction from the three defendants who do not live in that state.

The honorable Court should rule that South Carolina can and does exercise specific

personal jurisdiction over the diverse defendants and that the Plaintiff is free to present evidence

1
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 6 of 20

to the jury of how the tortuous actions of the Defendants over the past several years have led to

the problems the Plaintiff faces today and the damages caused by those willful, malicious

actions.

ARGUMENT

I. The Case for Specific Personal Jurisdiction

South Carolina's "long-arm statute" defines "personal jurisdiction based upon conduct."

Specifically:

(1) A court may exercise personal jurisdiction over a person who acts directly or

by an agent to a cause of action arising from the person's

( c) commission of a tortious act in whole or in part in this state;

SC Code Ann. 36-2-803(1)(c)

The acts outlined in the complaint, save for Count IV, occurred in South Carolina. The

act outlined in Count IV affected the Plaintiff's life, health, and ability to find permanent lodging

in South Carolina.

Under the traditional American rule, the wrong is considered as being done where the

injury takes place. The Restatement has expressed this rule in the following terms:

"Section 377 The place of wrong is in the state where the last event necessary to
make an actor liable for an alleged tort takes place."

In the defamation context, "the place of the harm has traditionally been considered to be

the place where the defamatory statement was published; i.e., seen or heard by non-parties."

Wells v. Liddy, 186 F.3d 505, 521-22 (4th Cir. 1999); see also Restatement (First) of Conflict of

Laws 3 77 n. 5 ( 1934) ("Where harm is done to the reputation of a person, the place of wrong is

where the defamatory statement is communicated.").

. "'

2
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 7 of 20

Although conduct that causes harm can occur in one state _and the resulting injury to a

plaintiff can occur in another state, "the substantive rights between the parties are determined by

the law of the place of injury." Kenney v. Independent Order of Foresters, 744 F.3d 901 (4th Cir.

2014) (page 13, citing West Virginia ex rel. Chemtall Inc. v. Madden, 607 S.E.2d 772, 779-80

(W. Va. 2004)

The Fourth Circuit has established three elements of specific jurisdiction: "( 1) the extent

to which the defendant 'purposefully avail[ed]' itself of the privilege of conducting activities in

the State; (2) whether the plaintiffs' claims arise out of those activities directed at the state; and

(3) whether the exercise of personal jurisdiction would be constitutionally 'reasonable."' ALS,

293 F.3d at 712 (citations omitted).

I_n addition, the Fourth Circuit has "adopt[ed] and adapt[ed]" the Zippo testfor evaluating

the sufficiency of contacts with the forum made via electronic means such as the internet. See

ALS, 293 F.3d at 713-14 (citing ZippoMfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119,

1124 (W.D. Pa. 1997)). The Fourth Circuit's formulatiort is as follows:

[A] State may, consistent with due process, exercise judicial power over a person
outside of the State when that person (1) directs electronic activity into the State, (2)
with the manifested intent of engaging in business or other interactions within the
State, and (3) that activity creates, in a person within the State, a potential cause of
action cognizable in the State's courts.Jd.at714.

Because few websites engage in "systematic and continuous" contact with any given
state, the Zippotest contemplates an analysis under the doctrine of specific
jurisdiction. Zippo Mfg.,Co., 952 F. Supp. at 1122.

To be consistent with the Due Process Clauses of the Fifth and Fourteenth Amendments,

an exercise of specific personal jurisdiction requires a showing that:

"(1) a defendant has made "sufficient 'minimum contacts' with the forum state;
(2) the claim asserted against the defendant [ ] arise[ s] out of those contacts, and
[that] (3) the exercise of jurisdiction [would be] reasonable [under the
circumstances]." Id. at 1122-23(citing Mellon Bank (East) PSFS, Nat. Ass'n v.

3
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 8 of 20

Farino, 960 F.2d 1217, 1221 (3d Cir. 1992)); see World-Wide Volkswagen Corp. v.
Woodson, 444 U.S. 286,297 (1980) (analyzing whether "the defendant's conduct
and connection with the forum State are such that he should r~asonably anticipate
being hauled into court there"); see also Shaffer v. Heitner, 433 U.S. 186, 187 (1977)
(considering the relationship "among the forum [),the defendant, and the
litigation").
Where intentional torts are concerned, however, jurisdiction is proper in the absence of

purposeful availment so long as the defendant "expressly aimed" its tortious behavior towards

the forum state. See Calder v. Jones, 465 U.S. 783, 789-90 {1984) (discussing how petitioners'

intentional and tortious actions were "expressly aimed" at the state); see also Martin H Redish,

Of New Wine and Old Bottles: Personal Jurisdiction, the Internet, and the Nature of

Constitutional Evolution, 38 JUf?.IMETRICS J 575, 596-600 (1998) (discussing the impact of

the Calder decision).

The reasonableness prong, on the other hand, focuses on whether an exercise of

jurisdiction would run contrary to "traditional notions of fair play and substantial justice" See

Int'! Shoe Co. v. Washington, Office of Unemployment Comp. & Placement, 326 U.S. 310,316

(1945); Zippo Mfg. Co. v. Zippo Dot Com, 952 F. Supp. 1119, 1123 (W:D. Pa. 1997) (quoting

World-Wide Volkswagen, 444 U.S. at 292).-a concept that encompass_es the burden on the

defendant, '"the forum state's interest in adjudicating the dispute,"' the plaintiffs interest in

securing a convenient forum, and overall considerations of interstate judicial economy and

efficiency. Id.

Courts may exercise specific or "case-linked" jurisdiction over an out~of-state defendant

only when the claims at issue "ar!se out of orrelate to" the "defendant's suit-related conduct,"

and only when such conduct creates "a substantial connection with the forum state." Walden v.

Fiore, 134 S. Ct. 1115, 1121-22 & n.6 (2014); Goodyear DunlopTiresOperations; S.A. v.

Brown, 564 U.S. 915 (2011); J McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873,881 (2011)

4
 4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 9 of 20

(plurality opinion).

As the Supreme Court has explained, the "substantial connection" element, or "minimum

contacts" inquiry, asks whether the defendant has intentionally acted within the forum state to

such a degree that it would have fair notice of being subject to suit in that jurisdiction. Walden,

134 S. Ct. at 1121-23.

Defendants in the instantcase certainly meet the requirements of the Fourth Circuit to be

haled into a South Carolina District Court. They meet the requirements of the South Carolina

Long-Arm Statute for having committed "a tortious act in whole or in part in this state," using

the lex loci delecti approach stating place of the harin has tradid;nally been considered to be the

place where the defamatory statement was published, i.e., seen or heard by non-parties. Although

the online publication of the defamatory material makes it available worldwide, it is clear the

defendants' manifest intent was to negatively influence the Plaintiff's ability to find a permanent

residence in South Carolina.

The defendants expressly aimed their defamatory content towards -a South Carolina

audience by their frequent references to Plaintiff's location in a hotel in Florence before moving

to a hotel in Myrtle Beach. The intent is manifested nqt only by the references shown in

Plaintiff's accompanying Motion in Opposition,.it is manifested by the past efforts of the

defendants to negatively affect the Plaintiff's.living arrangements in Wisconsin and Iowa. Given

the nature of those efforts, one can reasonably reach the conclusion that the defendants intended;

by their defamatory statements, to make it difficult for Plaintiff and his fiance to secure

permanent lodging in the forum state, thereby depriving South Carolina landlords - who, like

other property managers screening po_tential tenants - tum to Google to learn details about a

prospective tenant not available in credit reports and background checks.

5
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 10 of 20

As of the end of July 2017, aGoogle Search of the name "Bill Schmalfeldt" yielded
37,400 results. Defendant Grady's blog comes up in 3rd place among those results, Defendant

Palmer's blog is ?1'\ DefendantHoge's blog is 15 th . Defendant Johnson is a frequent commenter

on all three of those blogs.

The defendant knew, or should have reasonably anticipated, that their defamatory

postings aimed at South Carolina would cause harm to the Plaintiff in South Carolina, harm to

the potential landlords who otherwise would have benefitted from the rental payments made by

Plaintiff, were injurious to the Plaintiffs reputation among potential landlords in South Carolina,

and would likely result in their being haled into a South Carolina Court.

Granting specific personal jurisdiction in the instant case would satisfy any Fifth or

Fourteenth Amendment due process concerns, the "reasonableness prong" of the due process

analysis as granting jurisdiction over these defendants would not be offensive to traditional

notions of fair play and substantial justice, andwould comport with the forum state's interest in

adjudicating the dispute, the Plaintiffs interest in securing

.
i;i.
.
convenient forum, and overall

considerations of interstate judicial economy and efficiency.

Denying specific personal jurisdiction would be injurious and detrimental to the interests

of justice as a denial would require the Plaintiff to have to decide between refiling his complaint

in Maryland, North Carolina, Tennessee or Illinois, or giving up his attempt to seekjustice from

the people who have been and will continue to defame Plaintiff in the absence of being held

responsible for their actions.

II. The Case Against Defendants' Allegation That Plaintifrs Claim for Libel is
Tantamount to a SLAPP suit

The Defendants admit that South Carolina is a state that does not have Anti-SLAPP

statutes. (Strategic Lawsuit Against Public Participation.) The Defendants then go on to fill four

6
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 11 of 20

pages of their Memorandum of Law endeavoring to argue that the Plaintiffs case should be

dismissed because it is a SLAPP suit.

\
This notion can be easily dismissed. Plaintiff has no interest in silencing the Defendants.

They have the First Amendment right to express any true, non-defamatory opinion they wish to

express. Plaintiff has only one interest in the writings of the Defendants - that the things they

write about Plaintiff be provably true or clearly stated as opinion. Even in the arena of opinions,

one cannot disguise a defamatory statement merely by claiming it is an-opinion. "Pure Opinions"

are opinions that cannot be proven true or false by objective measures. One cannot legally create

"proof' of something that did not happen. Couching false statements of fact as opinion or within

quotes from other sources won't protect the writer from a libel complaint. Nor will trying to

cover oneself by saying "Plaintiff is allegedly faking his Parkinson's disease." A reiider of such a

statement could well assume the writer hasunstated facts upon which to base that conclusion,

and since it can be proven whether or not a person is faking Parkinson's disease, the implied fact

that he is faking turns out to be a false; defamatory statement.

If Defendant Palmer wishes to continue writing her blog at billysez. wordpress.com, that

is her business. If she takes a quote from the Plaintiff and twists its context to imply something

untrue and derogatory, then it becomes the Plaintiff's business. ( Also, Palmer takes improper

liberties with the Plaintiff's name by appropriating it as the name of her blog, which is currently

"Billy Sez - Adventures in Bill Schmalfeldt's Pretendy Land Internet Courtroom. All Rise!"

Defendants mention a convict named Brett Kimberlin in the Memorandum of Law

. .

supporting their motion to dismiss. This is a crass move on the Defendants' part to prejudice the

Judge and Jury against the Plaintiff. Kimberlin served his time in a Federal Prison for his crimes.

He is now a free man and should be allowed to live his life as such. He is not connected to the

7
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 12 of 20

Plaintiff in this suit in any other way than friendship and the factthey are both Defendants in a

Jawsuit filed in the CarroUCounty, Maryland, Circuit Court by Defendant Hoge. He has nothing

to do with the instant suit and should not have his name thrown into the discussion in a blatant

attempt to smear the Plaintiff by association.

III. Previous Dismissals Have Nothing to Do with The Instant Case

Again, the Defendants go back to their allegation that this is a SLAPP suit. Since there is

no such creature in the South Carolina menagerie of legal oddities, this cannot be a SLAPP suit

and the Court should ignore all attempts to turn this simple, easiiy proven libel case into

something that, by law, does not exist in this state. It is truethafPlaintiffhas tried to get justice

against some of these defendants in the past and has stumbled over the hurdle of Personal

Jurisdiction. Having learned from his past, pro se mistakes, Plaintiff feels confident the Court

will see that due process is served, the South Carolina Long Arm Statute is satisfied, and that the

harm caused to Plaintiff in South Carolina and potential landlords in this state merits a finding of

Specific Personal Jurisdiction in this case.

IV. The Question Presented by the Motion to Dismiss for Failure to State a Claim
Upon Which Relief Can Be Granted Has Already Been Answered

One of the unique and very useful aspects of filirig a pro-se case in the District of South

Carolina is that such complaints are instantly submitted to a Magistrate Judge who is charged

with determining whether a complaint, among other things, states a claim upon which relief can

be granted. If the Magistrate Judge found that was not the case, her Report and Recommenda6on

to the Presiding Judge would have included the recommendation that the complaint be dismissed.

The Magistrate Judge has made no such finding, even though that was one of her specific

purposes for examining the complaint. Therefore, sh,e recommended the case be placed in proper

8
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 13 of 20

form, placed on the docket, summonses be ~ent and the wheels of the civil justice machine be set

into motion.

V. The Defendants Err In Stating the Plaintiff Has Not Alleged Damages for
Conspiracy

To the contrary. In Paragraph 24 of the SAC, Plaintiff is quite specific about the damages

he seeks. The daily, over the back fence-style gossiping and idea exchanging between the

Defendants and anonymous commenters discussjng ways to further wreck the Plaintiff's life is

the very definition of conspiracy. These are. the things third party r~aders see when they do a

Google Search on Plaintiff's name, and they are taken as truth: They have caused irreparable
-.
damage to Plaintiff's reputation that is difficult to quantify with a monetary value. But Plaintiff

asks $100,000 in actual damages and $500,000 in punitive damages from each Defendant.

A review of some of the citations explaining the elements of a civil conspiracy in the

forum state was published in the ruling of the South Carolina Supreme Court in Pye v. Fox, 369

S.C. 555, 633 S.E.2d 505 (2006)

The elements of a civil conspiracy in South Carolina are (1) the combination of two
or more people, (2) for the purpose of injuring the plaintiff, (3) which causes special
v.
damages. LaMotte Punch Line of.Columbia, Inc., 296 S.C. 66, 370 S.E.2d 711
(1988); Cowburn v. Leventis, 366 S.C. 20, 49,619 S.E.2d 437,453 (Ct. App. 2005);
Ellis v. Davidson, 358 S.C. 509, 595 S.E.2d 817 (Ct. App. 2004); see also Peoples
Federal Savings & Loan Ass 'n of S. Carolina v. Resources Planning Corp., 358 S.C.
460, 470, 596 S.E.2d 51, 56-57 (2004) ("A civil conspiracy is a combination of two or
more parties joined for the purpose of injuring the plaintiff and thereby causing .
special damage.") (citation omitted). It is essential that the plaintiff prove ~II of
these elements in order to recover. Lyon v. SinclairRefining Co., 189 S.C. 136, 200
S.E. 78 (1938). The "essential .consideration" in civil conspiracy "is not whether
lawful or unlawful acts or means are employed to further the conspiracy, but
whether the primary purpose or object of the combination is to injure the
plaintiff." Lee v. Chesterfield General Hosp., Inc., 289 S.C. 6, 13,344 S.E.2d 379,
383 (Ct. App. 1986).

"[I]n order to establish a conspiracy, evidence, direct or circumstantial, must be

produced from which a party may reasonably infer the joint assent of the minds of

9
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 14 of 20

two or more parties to the prosecution of the unlawful enterprise." Island Car
Wash, Inc. v. Norris, 292 S.C. 595, 601, 358 S.E.2d 150, 153 (Ct. App. 1987); accord
Cowburn, 366 S.C. at 49,619 S.E.2d at 453. This Court has observed:

Conspiracy may be inferred from the very nature of the acts done, the relationship
of the parties, the interests of the alleged conspirators, and other
circumstances. Island Car Wash, Inc. v. Norris, 292 S.C. 595,358 S.E.2d 150 (Ct.
App. 1987). "Civil conspiracy is an act which is by its very nature covert and
clandestine and usually not susceptible of proof by direct evidence . ... " Id. at 601,
358 S.E.2d at 153. An action for civil conspiracy is an action at law; the trial judge's
findings will be upheld on appeal unless they are without evidentiary
support. Gynecology Clinic v. Cloer, 334 S.C. 555,514 S.E.2d 592 (1999).

VI. The Case for Abuse of Process

Defendant Palmer clearly abused the restraining order.p~ocess in her successful attempt

to secure a no contact order against Plaintiff.

No contact orders exist to keep people intending to cause harm to another person from

coming into contact with the object of their intended harm. All Plaintiff did was act persistently

in his attempt to learn Palmer's correct address for service ofsummons. He also wanted to know

whether or not Palmer lived in Rockingham County, North Carolina, or Guilford County, North

Carolina, when she secured her January 2016 no contact order against Plaintiff. These questions

were asked in a polite fashion without threats, extortion or any other invective that would cause a

person reasonable fear of harm.

Defendant Palmer's actions are hardly those- of a woman in fear of a 62-year old man

who has been suffering from Parkinson's disease for nearly 18 years. She continues to maintain a

blog of daily defamation against Plaintiff.

10
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 15 of 20

A reasonable, rational person living in fear of~ person does not maintain a blog of daily

defamation against a person who causes her to fear. for her life. That would. be insane and. self-

destructive. A person living in mortal terror of another does not publish a photo on her blog that

would certainly cause an unstable or violent person to seek retribution against her like Defendant
,.

Palmer did by publishing a poorly photoshopped picture of the Plaintiff preparing to deliver an

elbow drop on the frail and mortally-ill body of his dying wife - a photo the Plaintiff's late wife

specifically asked him to take .. She knew of and was extremely stressed by the fact that readers of

the Grady, Hoge and Palmer blogs were mocking her in the hopes of adding to Plaintiff's stress

in advance of her impending death. She knew that her imminent passing was a huge strain on the

Plaintiff as well, so she asked Plaintiff to take the picture and send it to Defendant Hoge as well

as another yet-to-be-joined party so they might realize the pain and suffering they were causing

to a real human being in the last days of her life. Plaintiff believed this was an act of grace and

dignity from a woman who had never done a moment's harm.to anyone in her life, let alone the

Defendants in the instant case, _and she mistakenly believed that if Plaintiff sent the picture with

an e-mail saying it was n~t for publication, they might respect her wishes and just stop bothering

them. Instead of respecting her wishes and Plaintiff's instructions against publication, either

Defendant Hoge or the as-yet unnamed party took it upon himself to deliver a copy of the photo

to Defendant Grady, who firstpublished it on his Thinking Man's Zombie website, where it

could be copied by others who, along with the Defendants, plastered it all over the Internet.

(Exhibit A) 1

Defendant Palmer did not answer Plaintiff's reasonable question, she did not demand that

he cease all contact (even though her no-contact order gained under similar circumstances)

1
https://encyclopediadramatica.rs/Bill_Schmalfeldt#Gail_Schmalfeldt

11
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 16 of 20

expired in January 2017. A Greensboro, NC, judge swallowed her explanation that having told

me to cease contact in December 2015 was sufficient. She also lied while under oath, claiming

she was still being represented by an attorney whose representation of her ended when the US

District Court for the Eastern District of Wisconsin ,found Plaintiff lacked Personal Jurisdiction .

. The decision to seek another no contact order instead of answering the reasonable

questions posed by the Plaintiff amounts to the willful misuse of the restraining order procedures

for a purpose for which that process was not intended. It was intended to protect people who

feared actual harm, not to get pesky Plaintiffs to stop asking questions she did not wish to

answer.

CONCLUSION

Before making a decision whether or notto dismiss Plaintiffs case for any reason, this

honorable Court should review the contents of the blogs of Defendant Hoge 2 , Defendant Palmer3

and Defendant Grady 4, paying particular attention to the comment sections for each blog post.

Then the Court should ask whether this sort of blatant defamation; harassment, misconduct and

invasion of a private citizen's privacy should be allowed to happen to a law-abiding resident of

any state, not just the forum state of South Carolina.

Cyberbullying of this sort is becoming more rampant each year. The Courts have been

reluctant or unable or, perhaps, unwilling to ccime up with a way to deal with the complaints of a

person living in one state when that person is defamed, mocked, humiliated, threatened and

conspired against online by multiple defendants in multiple states.

2
http://hogewash.com
3
http://billysez.wordpress.com
4
http://thinkingmanszombie.com

12
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 17 of 20

With a decision to grant Specific Per.sonal Jurisdiction in this case, and either a

subsequent jury trial or summary judgment by this honorable Court, perhaps the Fourth Circuit

can become the first circuit to put its foot down in a way that defends not only teenagers from the

ravages and deadly harm of cyberbullying, but can come up with a measuring stick to be used to

see whether or not an adult person living in South .Carolina can be ganged-up on online by

cyberbullies in multiple states. By dismissing Defendant's motions, this Court could be taking

the first step in untangling this apparent Gordian Knot that allows the defamers,abusers,

conspirators and liars to escape unpunished for the sole reason that they don't happen to live in

the same state as the person they've chosen to torment.

For the foregoing reasons, the Defendants' Motions should be DENIED.

Respectfully submitted this 7th day ofAugust, 2017 u~J-.

William M. Schmalfeldt, Sr., Pro Se
WoodSpring Suites
220 Whitty Drive, Room 121
Myrtle Beach, SC 29579
843-429~0581
truthatory@outlook.com

AFFIDAVIT

I, William M. Schmalfeldt, Sr., solemnly affirm under the penalties of perjury that the

. Jviv-
contents of the foregoing paper are true to the best of my knowledge, information, a belief.

Dated August 7, 2017 William M. Schmalfeldt, Sr.

13
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 18 of 20

.....
-
EXHIBIT A
Blog Post and Photo Published by Defendant Palmer Belying Her Claim of Living in Fear of
Actions of the Plaintiff

14
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 19 of 20

tojm~t comeoutofthiltdosctakoody, Nothameir..hdngho-m<J$txuat 1 don't know why

he docsn'tjui;t come om arid say im. One's sexual pre-fe-rence-~ .1ren't g{.'l\t::'ro.lly referred to
as being "nm using" aft.er alt f~ug;1; 1 howcwr, ifs 2 di.~tnwtion for tl p.oi::Hvity for
younger boys. Now TllAT_ is a_ tlUGE- is$uc lht just fa.n't talkt-<l about in 'll1c r ma.le
oomrmm1ty...

.' " em senma11e~,11

Why .Patrick Paul Krend!er Grady wishes to
stick.. his nose into a beef between me and Eric
Johnson, who knows? I win:

Something that just hit me ii.,; wdl ... J win. Ju:<.t whilt, pray tell, doos Bill SclimaHeldt "win"
N

when be m1pcrimposc.-. the fuce of yct.ANOTHER cMl'4 of an ..f:!nerny" in the place of the
~hm-1:--girl's? Doesn't. be rea!it.e that UE i.rncd the picture to s:how his lustful nalure townrd'l
-1:hesl:'.xy showgirl? And that now HE is r..hanglng h so that HE {00th in the flmt (hange and
now :in thL-. la'lt cho.tigc) is insinuating thirt HF. lusts after b.l,; ..enemy's" children. tt'5: all
aho~t TTlM. Can't ~tuu:ne his 'cnt>-,"Ui(:t( iwr thdr dri.!dren by rnodlfyir..g thr.- pienrre. lt's
lHM, .Shi: nt-g"kds to mtnHnn th' ~Mid' is ~n adult. 8-ut Ws OK that
Patrick Grady ustd u pkturf @f m) d~ad.ntuthttr.
Odd that he dmfim.'t quite p;et ttrnt. {~~r, even:,,.

Axtt:i gut.>sS what? That means 111 i=:tww Y{IU all of the other pkrnre. Si.lice family is really off
ff;,<!-u-: yo~'. rn.

15
4:17-cv-01310-RBH-KDW Date Filed 08/09/17 Entry Number 46-2 Page 20 of 20

United States District Court

For the District of South Carolina
Florence Division
William M. Schmalfeldt, Sr. )
)
Pro Se Plaintiff )
)
-v- ) Case# 4:17-cv-01310-RBH-KDW
)
Patrick G. Grady; William John )
Joseph Hoge III, Eric P Johnson, )
and Sarah Palmer )
Defendants )
)

CERTIFICATE OF SERVICE

On August 7, 2017, I, William M. Schmalfeldt, Sr., pro se Plaintiff in the instant case, served. his

Motion in Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction,

Defendants' Motion to Strike, Defendants' Motion to Make ~ore Definite, Defendants' Motion

to Dismiss for Failure to State a Claim for Which Relief Can Be Granted as well as Plaintiffs

Memorandum of Law in Support of His Opposition to the above-mentioned motions to Mr.

Louis D. Nettles by emailas agreed and mailed a copy postage prepaid to:

l'
Mr. Louis D. Nettles. Esq.
PO Box 6139
Florence, SC 29602
I
Respectfully submitted this 7th day of August, 2017 tV/~.k
William M. Schmalfeldt, Sr., Pro Se
I
I

WoodSpring Suites
220 Whitty Ddve, Room 121
Myrtle Beach, SC 29579
It

843-429-0581 t
truthatory@outlook.com