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Plaintiff,
06-C-16-070789
Case No. ____________________
v.
Brett Kimberlin
8100 Beech Tree Road
Bethesda, Maryland 20817;
Tetyana Kimberlin
8100 Beech Tree Road
Bethesda, Maryland 20817;
Matt Osborne
546 Riverview Drive
Florence, Alabama 35630;
William M. Schmalfeldt,
3209 S. Lake Drive, Apt. 108
St. Francis, Wisconsin 53235;
William Ferguson
10808 Schroeder Road
Live Oak, California 95953;
Breitbart Unmasked
Address Unknown;
Almighty Media
Address Unknown;
Acme
(an unknown business entity);
Defendants.
COMPLAINT FOR DEFAMATION, CIVIL CONSPIRACY, MALICIOUSPROSECUTION,
AND BREACH OF CONTRACT
COMES NOW William John Joseph Hoge with this Complaint for defamation,
civil conspiracy, malicious prosecution, and breach of contract. The tortious acts
underlying this action were committed by Brett Kimberlin and his associates for the
criminal past and his present activities. In support of his complaint Mr. Hoge
states as follows:
PARTIES
First Amendment and other Bill of Rights issues and Mr. Hoges hobby interests
such as astronomy, amateur radio, and Scouting. Mr. Hoge resides in Carroll
County, Maryland.
Unmasked. He has written for that website using the pseudonym Xenophon. On
2
5. William M. Schmalfeldt (Bill Schmalfeldt) is the former editor of
resides in St. Francis, Wisconsin, but many of his acts alleged herein occurred in
Howard County, Maryland, while he was residing there, and his subsequent acts
since he fled from Maryland are a continuation of a course of conduct begun in this
business address for several Internet domains. On information and belief, he owns
viewpoint when it is, in fact, an outlet for defamation against Brett Kimberlins
enemies. Its content is targeted to Maryland for the benefit of Brett Kimberlin. Its
actual form of business organization unknown. On information and belief, its day-
owner of Breitbart Unmasked. Its actual form of business organization and the
3
location of any of its offices are unknown.1
and belief, he supervises Matt Osborne. His current location and identity are
unknown.
manages Almighty Media. His current location and identity are unknown.
On information and belief, Acme owns or controls Almighty Media. Its actual form
of business organization and the location of any of its offices are unknown.
Newspapers, Inc. v. Brodie, 407 Md. 415 (2009) concerning the presently unknown
4
15. This Court has general personal jurisdiction over Defendants Brett
Kimberlin, Tetyana Kimberlin, and William Schmalfeldt under Md. Cts. & Jud. P.
6-102(a). This Court has specific personal jurisdiction over the remaining
Defendants (and, alternatively, Schmalfeldt) under Md. Cts. & Jud. P. 6-103(b) as
Defendants John Doe 3, John Doe 4, Almighty Media, and Acme under the aiding
16. Venue is appropriate in Carroll County under Md. Cts. & Jud. P.
6-201(b).
17. The circumstances underlying this action are bizarre and complex, and
a bit of history is necessary in order to provide context for Mr. Hoges Complaint.
which terrorized the town of Speedway, Indiana, in the late 70s.2 During his teens
marijuana in the Midwest. His first conviction was for perjury before a grand jury
impersonating a federal officer, misuse of military insignia, and misuse of the Seal
5
of the President of the United States. He was also convicted of possession of
Speedway, Indiana. As a result of the drug, bombing, and other charges, Kimberlin
additional notoriety by claiming just before the 1988 election to have sold marijuana
to Dan Quayle. He was paroled, but his parole was revoked for failure to make
19. Following his release in 2001, Brett Kimberlin created and has since
commentator named Seth Allen began questioning whether Kimberlin was the sort
judgment in November, 2011.6 During the course of that lawsuit, Mr. Allen
represented himself, but he did receive some pro bono advice from a lawyer named
Aaron Walker. Mr. Walker is a member in good standing of the bars of Virginia and
6
the District of Columbia.
20. At the time he was advising Mr. Allen, Mr. Walker was also writing
protect his anonymity in order to write more freely. When Brett Kimberlin
January, 2012.7 Mr. Walker successfully sought to have the information sealed.8
21. Following Mr. Walkers first motion to seal his personal information,
Brett Kimberlin falsely accused Mr. Walker of assaulting and harassing him, and
he sought a pair of peace orders against Mr. Walker.9 Both were overturned on
preventing Mr. Walker from speaking or writing about Kimberlin, the District
writers on the Internet, including Mr. Hoge, took notice of that order and began
writing about Brett Kimberlin and what one writer called his brass knuckles
7
Hoge, confronted Kimberlin and his use of lawfare to silence critics in an online
event called Everyone Blog About Brett Kimberlin Day. The event was a sort of I
critics by joining in the criticism. On 25 June, 2012, the unconstitutional gag order
was struck down by Judge Rupp of the Circuit Court for Montgomery County.
Later that evening, Mr. Walker was SWATted.11 He was the fourth individual to be
SWATted after having written about Brett Kimberlin.12 On information and belief,
Brett Kimberlin is a prime suspect for having ordered the SWATting to take place.
website), and in 2013, the hosting for both breitbartunmasked.com and jtmp.org
was moved to the same U.S.-based web server as the velvetrevolution.us website.
The current VelevetRevolution.US server hosts both domains and more than a
23. Beginning in February, 2012, John Doe 3 (as The Watchful Avenger)
began writing blog posts for Breitbart Unmasked. On or about 7 October, 2012,
11SWATting involves someone making a false call to 911 claiming that a violent
crime such as a murder has just occurred at the victims residence with the
intention of provoking a weapons-ready police response.
12Mike Stack, a blogger in New Jersey; John Patrick Frey, a Deputy District
Attorney in Los Angeles County, California; and Erick Erickson, a radio and cable
TV personality, were all SWATted after criticizing Brett Kimberlin.
8
William Schmalfeldt, using the pseudonym The Liberal Grouch, took over as
editor of the website under the supervision of John Doe 3 as publisher. On or about
13 March, 2013, Matt Osborne began writing for Breitbart Unmasked, and on a date
between 10 August, 2013, and 1 September, 2013, Osborne took over as editor.
comments attacking persons who spoke or wrote critically about Brett Kimberlin.
25. Upon information and belief, no later than 22 July, 2012, Schmalfeldt,
defame persons who spoke or wrote critically about Brett Kimberlin as a part of a
concerning Kimberlins critics via Breitbart Unmasked and other websites and
social media accounts under their personal control. While Schmalfeldt and Osborne
joined, in every case no later than his/her/its first overt act described below.
by Schmalfeldt (under the byline Liberal Grouch) titled The Craven Cowardice of
Aaron Walker Revealed in His Own Words. This article contained sealed discovery
material from a lawsuit involving Brett Kimberlin and Mr. Walker. The article was
also defamatory of Mr. Walker. Kimberlin was only party to the suit who could
9
have been the source the sealed documents for Schmalfeldt. After Mr. Hoge
reported and commented on this breach of the courts seal, he became one of the
targets of the conspirators harassment and defamation. The first mention of Mr.
abetted it) by allowing the website to be used to further the conspiracy. Similarly,
John Doe 4, Almighty Media, and Acme also acted to advance the conspiracy (or
aided and abetted it) by allowing the use of the website. As will be shown below,
William Ferguson, John Doe 1, and John Doe 2 joined the conspiracy particularly as
it targeted Mr. Hoge. Brett Kimberlin was the beneficiary of the conspiracy and a
member from Day One. Tetyana Kimberlin joined the conspiracy not later than 14
May, 2015.
10
stalked, harassed and suborned perjury in order to harm
[Kimberlin]. He ha[d] harassed [Kimberlin] online, got
[Kimberlins] wife to file false charges against [him], and harassed
[him] in court.
State v. Hoge, Case No. 1D00291915 (Md. D.Ct. Mont. Co. 2013). Kimberlin also
Id. Mr. Hoge has never stalked Kimberlin. He has filed one peace order petition
against Kimberlin.
Id. While Mr. Hoge has written extensively about Kimberlin, he has not falsely
accused him of any crimes. Indeed, when Kimberlin sued Mr. Hoge for defamation,
the result was a directed verdict in Mr. Hoges favor because Kimberlin could not
show that any statement made by Mr. Hoge was false. Kimberlin v. Walker, et al.,
[H]e has offered my mentally ill wife things of value to sign false
documents prepared by him and his associate Aaron Walker.
Id. Mr. Hoge never offered Mrs. Kimberlin anything of value to sign a false
document.
Id. Mr. Hoge was not the publisher of any blog other than Hogewash! in July, 2013,
11
and has not published any false attacks on Kimberlin.
Id. Mrs. Kimberlin sought help from Mr. Hoge and others while she was engaged in
a domestic dispute with Mr. Kimberlin. On information and belief, she has no
Id. Mr. Hoge had no involvement with the preparation of the alleged 12 July
custody complaint. Mr. Hoge helped Mrs. Kimberlin obtain legal counsel for her
subsequent filings against her husband. Upon information and belief, Mrs
Kimberlin has no history of mental illness, and based on his personal observation,
12
Mr. Hoge believes that she seemed competent during July, 2013.
Mr. Hoge has been using the Internet, blogs, Twitter, and other
electronic means to stalk and harm me. He is doing this to harm
me and my reputation and destroy my business and ability to earn
a living.
Id. Mr. Hoge has never engaged in any stalking or cyberstalking or harassment of
Mr. Kimberlin. Kimberlin knew that all these allegations were false or misleading.
Further, the time period during which Mr. Hoge was alleged to have acted included
several months before he was aware of Brett Kimberlin or had written about him.13
On information and belief, the charge was filed in retaliation for Mr. Hoges writing
about a series of protective orders filed between Brett and Tetyana Kimberlin and
30. Upon the perjured facts contained in Application I, Mr. Hoge was
2013.
thought so little of the allegations that they entered a nolle prosequi in the case and
requested that the charge be expunged without every communicating with Mr.
Hoge. On 15 August, 2013, the Judge Wolfe of the District Court expunged the
charge. Both actions were taken without Mr. Hoges knowledge or agreement.
13Mr. Hoge was charged with a course of conduct that supposedly began in
January, 2012. While Mr. Hoge would have had a general recollection of that
federal prisoner who lied about being Dan Quayles dope dealer, Brett Kimberlin
was not on Mr. Hoges radar until after late May, 2012. He did not write about
Kimberlin until the week of 25 May, 2012.
13
32. Brett Kimberlin instituted the harassment charge against Mr. Hoge,
and it was resolved in Mr. Hoges favor. Given that theCommissioners finding of
probable cause was based on Kimberlins false statements, there was no true
probable cause. If Kimberlin had told the truth, no charge would have been issued.
As for malice, it may be inferred from a lack of probable cause. Thus, by pursuing
the false harassment charge, Kimberlin engaged in the tort of malicious prosecution
33. Mr. Hoge incurred expenses in the investigation of the charge filed
against him and in preparation for a possible defense against the charge. These
expenses included, but were not limited to, costs associated with seeking legal
advice, the cost of round trips from Carroll County to Rockville, Maryland, to
with Matt Osbornes byline titled William Hoge Stalking A Teenager For His
Conspiracy Theory. 14 That article states that the teenager Mr. Hoge allegedly
14Osborne, Matt, William Hoge Stalking A Teenager For His Conspiracy Theory,
http://www.breitbartunmasked.com/2015/03/04/william-hoge-stalking-a-teenager-
for-his-conspiracy-theory/, viewed 27 Feb., 2016.
14
stalked was the elder daughter of Tetyana Kimberlin (K. Kimberlin, a minor
The allegation that Mr. Hoge stalked K. Kimberlin is false.15 The claim that Mr.
36. The 4 March article falsely states that Mr. Hoge suborned perjury.
Remember, this is the girl whose family, personal life, and budding
music career were destroyed when Hoge and his sociopathic friends
colluded to suborn perjury from her mother.
Id. On information and belief, the sole source for this false allegation is Brett
Kimberlin, a convicted perjurer who this Court has prevented from offering
testimony pursuant to Md. Cts. & Jud. P. 9-104. Kimberlin has a history of
making false allegations against his perceived enemies and of losing in court
because he cannot prove his claims. He has been caught filing altered exhibits with
court papers in the Circuit Court for Montgomery County and the U. S. District
15On 6 March, 2013, a peace order petition was filed against Mr. Hoge by Brett
Kimberlin on behalf of K. Kimberlin alleging that Mr. Hoge had stalked and
harassed her. (Case No. 0601SP012712015) During the ex parte hearing for the
temporary peace order, that order was granted only on the basis of harassment but
not stalking. Stalking by Mr. Hoge could not be demonstrated to a reasonable
possibility standard. At the hearing for the final peace order on 13 March, 2013, the
petition was denied because the petitioner could not meet the burden of proof for
harassment.
15
Court for the District of Maryland.16 Reliance on Brett Kimberlin as an
37. The 4 March article further states that Mr. Hoge published on his
Kimberlin that accused Brett Kimberlin of operating a bomb factory and sinister
(Application II) referred to in the article and all of Mr. Hoges writings concerning
it were and still are available online. There is nothing in Mrs. Kimberlins
16See, e.g., Kimberlin v. Kimberlin Unmasked, Case No. 13-CV-02580, (D.Md. 2015),
ECF No. 19 and Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059
(D. Md. 2015) ECF No. 124. Both filings include of extracts of an 9 April, 2014,
hearing before Judge Ryon in Montgomery County concerning an altered Certified
Mail green card. ECF No. 19 deals with a similarly altered card in a federal
lawsuit. ECF No. 124 primarily deals with a forged summons.
17
Fifty Shades of Grey is the title of a popular novel dealing with sadism/
masochism. Christian Grey is the title character.
16
Application II about bombs or Fifty-Shades-of-Grey-like sexual behavior.
Furthermore, there is nothing about either subject in any of Mr. Hoges writings
about Application II. The article misrepresents the contents of both the Application
38. The false statements made by Osborne in the 4 March, 2015, article
add up to allegations that Mr. Hoge committed crimes, i.e., stalking and
subornation of perjury, and Osborne knew the statements concerning Mr. Hoge
were false or he acted with reckless disregard for the truth in publishing them.
Thus, Osborne and Breitbart Unmasked, together with Almighty Media, Acme, and
John Does 3 and 4 (who aided and abetted the publication), are at fault.
40. On 4 March, 2015, John Doe 1 (writing as Mark Cammerling) sent the
following email:
Once again, another story has come out about husband of Connie
Hoge, Goddard employee WJJ Hoge. This story is regarding his
obsession with a teenaged girl.
17
It is only a matter of time before his litigious obsessions are turned
on peers or supervisors or those of his wife.
http://www.breitbartunmasked.com/2015/03/04/william-hoge-
stalking-a-teenager-for-his-conspiracy-theory/
Regards,
Mark Cammerling
accuses Mr. Hoge of with being obsessed with a teenage girl, and it refers the
addressees to the defamatory 4 March article. The addressees are associates of Mr.
Hoges wife (Connie Hoge) in her volunteer work with the Carroll County Forest
Districts. On information and belief, Mark Cammerling has sent at least one
similar email addressed to the Director of Goddard Space Flight Center (where Mr.
41. The facts demonstrate that John Doe 1s statements in the 4 March,
2015, email were false, that he knew they were false or that he acted with a reckless
disregard for the truth. Thus, he acted with actual malice, and he is at fault. See
footnote 15 above. Moreover, the email tended to expose Mr. Hoge to scorn, hatred,
18
good opinion of him or from associating or dealing with him. Additionally, the email
implied that Mr. Hoge was unstable and unfit and incompetent to perform his
relationships.
that was an appropriately brutal and true depiction of events. William Hoge
endorses the contents of the article as truthful and is, in essence, a restatement of
the 4 March, 2015, article amounts to an allegation that Mr. Hoge committed
crimes, i.e., stalking and subornation of perjury. It implies that he has independent
and undisclosed knowledge of facts not in the article. The facts demonstrate that
the statements in the article were false, that Schmalfeldt knew they were false or
that he acted with a reckless disregard for the truth, and that by endorsing them
Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided
19
and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted
Id. This comment falsely states that Mr. Hoge committed the horrendous crime
against an innocent girl alleged in the article. (Note: Mr. Hoge is known to his
47. John Doe 2s false statement made in his comment to the 4 March,
2015, article is an allegation that Mr. Hoge committed at least one crime, i.e.,
crime and engaging in harassment were false, that John Doe 2 knew they were
false or that he acted with a reckless disregard for the truth, and that by making
them John Doe 2 acted with malice. Thus, John Doe 2, Osborne, and Breitbart
Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided
20
and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted
49. Brett Kimberlin has filed multiple civil actions against Mr. Hoge,
including a recent suit filed in the U. S. District Court for the District of Maryland,
You may or may not know all the defendants. Please note that
last Friday, Defendant Hoge was served with a Peace Order
prohibiting him stalking or harassing my teenage daughter. He
has proudly been using the tactics developed by Team Themis to
do so. Yes, its the same daughter mentioned by Aaron Barr after
he scraped her social media sites and disclosed what school she
was attending. And yes, she was bullied out of two schools after
that. I am also attaching a copy of that PO.
Kimberlin v. Hunton & Williams LLC, et al., Case No. 15-CV-00723-GJH, (D.Md.
2015), ECF No. 71, Ex. 1. This explicitly states that Mr. Hoge has engaged in the
crimes of stalking and harassment. That is false. See footnote 15 above. Moreover,
given the denial of stalking as a basis for the temporary Peace Order, Kimberlin
18Kimberlin v. Hunton & Williams LLP, et al., Case No. 15-CV-00723-GJH (D.Md.
2015).
21
clearly knew that the District Court did not find that Mr. Hoge had engaged in
stalking.
50. The false statement made by Kimberlin in the 9 March, 2013, email to
the Chamber of Commerce is an allegation that Mr. Hoge committed crimes, i.e.,
stalking and harassment. The facts demonstrate that Kimberlins statement in the
email to the Chamber of Commerce was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that he acted with malice. Thus,
he is at fault.
with Matt Osbornes byline titled William Hoge, Adjudicated Stalker? Peace Order
Hearing This Friday.19 The opening sentence is the following false statement: A
Maryland judge may finally put an end to W.J.J. Hoges habitual stalking of the
53. The false statement made by Osborne in the 9 March, 2015, article is
an allegation that Mr. Hoge committed a crime, i.e., stalking. The facts
19Osborne, Matt, William Hoge, Adjudicated Stalker? Peace Order Hearing This
Friday, http://www.breitbartunmasked.com/2015/03/09/william-hoge-adjudicated-
stalker-peace-order-hearing-this-friday/, viewed 27 Feb., 2016.
22
publishing the article on the Internet on Breitbart Unmasked. The facts
demonstrate that the statement was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that the Osborne and Breitbart
Unmasked acted with malice, and, thus, those Defendants, together with Almighty
Media, Acme, and John Does 3 and 4 (who aided and abetted the publication), are at
fault.
with Matt Osbornes byline titled Judge Calls Out Hoge For Perjury; Case Goes To
Circuit Court.20 In reporting on the final hearing held that day for a Peace Order
wrote:
20Osborne, Matt, Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court,
http://www.breitbartunmasked.com/2015/03/13/judge-calls-out-hoge-for-perjury-
case-goes-to-circuit-court/, viewed 27 Feb., 2016.
23
In fact, Judge Williams made no such finding, and he did not tell Mr. Hoge that he
had lied under oath. Osborne was not present at the hearing. Because the article
was published the same day as the trial, neither a transcript nor a court audio CD
were available at the time the article was published. On information and belief,
56. The allegedly perjured statement by Mr. Hoge was his failure to
authenticate as his own a Twitter message (tweet) which stated that its author
Hoges denial of having made such a comment at gazette.com. The purported tweet
was offered as evidence during the 13 March hearing by convicted forger Brett
named Lee Stranahan. Given that Osborne, writing under the pseudonym
Xenophon, had included a copy of that tweet properly attributed to Mr. Stranahan
should have known that the basis of the perjury allegation was false.
Hogewash! detailing how Brett Kimberlin obtained the altered tweet offered in
21 Xenophon, Lee Stranahan and Aaron Walker Smear a Teenagers Family and Try
to Snuff Out Her Career, http://www.breitbartunmasked.com/latest-news/lee-
stranahan-and-aaron-walker-smear-a-teenagers-family-and-try-to-snuff-out-her-
career/index.html/, viewed 18 Sept., 2013.
24
March article and refusing to make a correction to the misrepresentation of Judge
58. The false statements made by Osborne in the 13 March, 2015, article
and Ferguson in the Update add up to allegations that Mr. Hoge committed a crime,
i.e., perjury. The facts demonstrate that Osborne made defamatory statements to
Unmasked. The facts also demonstrate that the Update written by William
Ferguson and published to third parties on the website was defamatory. The facts
demonstrate that the statements in both the article and the Update were false, that
Osborne and Ferguson knew they were false or that they acted with a reckless
disregard for the truth. Thus, Osborne, Ferguson, and Breitbart Unmasked acted
with malice, and those Defendants, together with Almighty Media, Acme, and John
Does 3 and 4 (who aided and abetted the publication), are at fault.
suspended for allegedly engaging in targeted abuse. The suspension was the
result of one or more false complaints by Brett Kimberlin alleging that Mr. Hoge
appeal trial on 14 May, 2015, for the Peace Order petition denied on 13 March,
his complaint against Mr. Hoge. Upon investigation, Twitter found Kimberlins
25
allegation(s) of targeted abuse to be false, and it was in fact false. On 8 July, 2015,
Twitter restored the account and apologized to Mr. Hoge for suspending it.
61. Mr. Hoges @wjjhoge Twitter account was used to promote his blog
Hogewash! and other business activities. Loss of that account and the relationships
built up with other Twitter users who had followed his account over the previous
three years had an adverse and continuing financial impact on revenue generated
by Mr. Hoges blog. That loss resulted from the false statements about Mr. Hoge
made to Twitter by Brett Kimberlin. While the @wjjhoge account was suspended,
Mr. Hoge had to expend time and money (for example, paid advertising for the new
62. That second Twitter account (@hogewash) was suspended, again, for
Twitter from Brett Kimberlin alleging targeted abuse. Kimberlin knew his
complaints were false or he acted with a reckless disregard for the truththus,
demonstrating malice. Mr. Hoges ability to promote his blog via Twitter was
severely impaired, and time and money have been and are being expended to repair
the damage. Moreover, those account are still suspended, and Mr. Hoge has lost the
26
63. Mr. Hoge re-alleges the contents of paragraphs 1 through 62.
Osbornes byline entitled Vindictive: Hoge, Walker Running Out Of Ways To Harass
Families. 22 The article falsely accuses Mr. Hoge of the crimes of subornation of
perjury and harassment. The complainant is Tetyana Kimberlin, the very woman
from whom Hoge and Walker attempted to suborn perjury against her husband in
above. On information and belief, Tetyana Kimberlin has never recanted the
allegations made in her Application for Statement of Charges filed against Brett
65. The false statement made by Osborne in the 18 May, 2015, article is an
allegation that Mr. Hoge committed a crime, i.e., subornation of perjury. The facts
demonstrate that the statement was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that the Osborne and Breitbart
Unmasked acted with malice. Thus, those Defendants, together with Almighty
Media, Acme, and John Does 3 and 4 (who aided and abetted the publication), are at
fault.
27
COUNT XIACTS RELATED TO THE MALICIOUS PROSECUTION OF 18 MAY, 2015
67. Brett Kimberlin appealed the District Courts denial of the Peace
Order he sought on the behalf of K. Kimberlin.23 A de novo trial was held in the
Circuit Court for Montgomery County on 14 May, 2015. During that trial, Brett
Kimberlin was not permitted to testify pursuant to Md. Cts. & Jud. P. 9-104.
Also, because he his not a lawyer, he was not allowed to represent his daughter as
he had in the District Court on 13 March. The Circuit Court denied the Peace
Order petition because there was no statutory basis for relief, i.e., that court found
Statement of Charges (Application III) against Mr. Hoge, alleging that he had
III on behalf of Brett Kimberlin. Upon information and belief, Application III was
actually drafted by Brett Kimberlin. Although Application III did not properly
issued a summons based solely on her false statements.24 On 24 June, 2015, the
Montgomery County States Attorney entered a nolle prosequi on the charge, stating
23B. Kimberlin obo K. Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co.
2015).
24 State v. Hoge, Case No. 3D00333028 (Md. D.Ct. Mont. Co. 2015).
28
that there was insufficient evidence to go forward with the case.
69. Copies of the Application for Statement of Charges for Case No.
Mr. Hoge, and it was resolved in Mr. Hoges favor. Because Application III relied on
her false statements, there could be no proper finding of probable cause by the
District Court Commissioner who issued the charge. As for malice, that may be
inferred from the lack of probable cause. Thus, by pursuing the false online
against him and in preparation for a possible defense against the charge. These
expenses included, but were not limited to, the cost of round trips from Carroll
73. On 27 May, 2014, Mr. Hoge sued Defendant Schmalfeldt for copyright
29
infringement.25 On 14 August, 2014, the case was settled via ADR. The terms of
the settlement required that neither party would publish any of the others works
without prior written permission unless the work had been published under terms
Maryland.
published on Hogewash!, Mr. Hoges website. Each instance was a violation of the
Settlement Agreement.
and 9 infringed the Hogewash! blog post More Lawfare Threats From Team
2012/09/03/more-lawfare-threats-from-team-kimberlin/)
his blog Deep Brain Radio titled Goodness. Someone Thinks HES All That! (http://
deepbrainradio.com/2015/12/goodness-someone-thinks-hes-all-that/) which
contained material taken without permission from the Hogewash! blog post Bonus
Legal LULZ Du Jour published Mr. Hoge on that same date. (http://hogewash.com/
30
2015/12/24/bonus-legal-lulz-du-jour-2/)
his blog Deep Brain Radio titled Repition Is An Advanced Indicator Of Senility
(http://deepbrainradio.com/2015/12/repetition-is-an-advanced-indicator-of-
blog post Legal LULZ Du Jour published Mr. Hoge on that same date. (http://
hogewash.com/2015/12/26/legal-lulz-du-jour-5/)
contained material taken without permission from the Hogewash! blog post Android
android-logins/)
blog The Pontificator titled Is WJJ Hoge Just A Blogger? Or Cult Leader? (http://
thepontificator.com/2016/01/15/is-wjj-hoge-iii-just-a-blogger-or-cult-leader/) which
contained material taken without permission from the Hogewash! blog post An
an-email/)
material taken without permission from the Hogewash! blog post Legal LULZ Du
31
lulz-du-jour-9/)
blog The Pontificator titled The Grand Hoge ITSELF Lifts Its Filthy Face From The
Trough To Boast About My Not Having Won A Case That Isnt Even Ready To
Proceed (http://thepontificator.com/2016/01/19/the-grand-hoge-itself-lifts-its-filthy-
face-from-the-trough-to-boast-about-my-not-having-won-a-case-that-isnt-even-
Hogewash! blog post Team Kimberlin Post of the Day published by Mr. Hoge on that
taken without permission from the Hogewash! blog post Team Kimberlin Post of the
kimberlin-post-of-the-day-1069/)
blog The Pontificator titled Which of the Audio Comedy Bits Turned Hoggy On the
Most? (http://thepontificator.com/2016/02/15/which-of-the-audio-comedy-bits-turned-
hoggy-on-the most/) which contained material taken without permission from the
Hogewash! blog post Bonus legal LULZ Du Jour published Mr. Hoge on that same
date. (http://hogewash.com/2016/02/15/bonus-legal-lulz-du-jour-3/)
32
taken without permission from the Hogewash! blog post Logins published Mr. Hoge
taken without permission from the Hogewash! blog post Team Kimberlin Post of the
kimberlin-post-of-the-day-1085/)
Thus, Mr. Hoge suffered damages in the loss of control of his copyrighted works.
Given that an application for registration is in process with each of the infringed
works and given that the infringement was willful, damages in an amount
awarded.
87. Mr. Hoge is but one of many victims of Brett Kimberlins ongoing
Given the likelihood that Kimberlin and his associates will continue their attempts
at brass knuckles reputation management until it becomes too costly for them,
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PRAYER FOR RELIEF
WHEREFORE, Mr. Hoge asks the Court to find that all Defendants except
Tetyana Kimberlin defamed him, that Defendants Brett Kimberlin and Tetyana
William Schmalfeldt engaged in breach of contract against him and to ORDER the
following:
Defendant Brett Kimberlin and in favor of Mr. Hoge for one count of malicious
prosecution;
Defendants Brett Kimberlin and Tetyana Kimberlin, jointly and severally, and in
against all the Defendants except Tetyana Kimberlin, jointly and severally, and in
v.) That a retraction and apology for the defamatory articles SHALL be
prominently published for a period of one year on the Home page Breitbart
Unmasked and at the top of the William Hoge Stalking A Teenager For His
Conspiracy Theory; William Hoge, Adjudicated Stalker? Peace Order Hearing This
Friday; Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court; and
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Vindictive: Hoge, Walker Running Out Of Ways To Harass Families articles as long
filing any further false Applications for Statement of Charges against Mr. Hoge;
and
viii.) Such other relief as the Court may deem just and proper.
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Exhibit A
Application for Statement of Charges, State v. Hoge, Case No. 3D00333028
(Md. D.Ct. Mont. Co. 2015). Minor childs first name redacted.
Exhibit B
Application for Statement of Charges, State v. Hoge, Case No. 3D00333028
(Md. D.Ct. Mont. Co. 2015). False statements striken.
Exhibit C
Settlement Agreement from Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELJ
(D.Md. 2014).
SETTLEMENT AGREEMENT
Dated: August l4r20l4
This Settlement Agreement ("Agreement") is made and entered into this 14th day of
August, 2014by and between Plaintiff William John Joseph Hoge ("Hoge") and Defendant
William M. Schmalfeldt ("Schmalfeldt") (Hoge and Schmalfeldt are collectively referred to
herein as the "Parties") in the case of Hoge v. Schmalfeldt, Civil No. ELH-14-1683, in the United
States District Court for the District of Maryland ("the case"). The purpose of this Agreement is
to fully settle any and all claims, counterclaims, cross-claims and third-party claims raised in the
case; to document the Parties' agreement to certain conditions; and to allow the Parties to move
for the enforcement of the Agreement.
1. Hoge agrees to dismiss all of his claims against Schmalfeldt in this case with
prejudice. Schmalfeldt agrees to dismiss all of his counterclaims and amended counterclaims
against Hoge and all of his counterclaims and amended counterclaims against "Paul Krendler"
(Anonymous Blogger) with prejudice.
2. In order to facilitate the dismissal of the Parties' claims and counterclaims, the
Parties agree that the Court will enter an Order pursuant to Local Rule 111 dismissing all claims,
counterclaims, cross-claims and third-party claims.
3. The entry of the Local Rule 111 Order will be without prejudice to the right of the
Parties to move for good cause within 30 days to reopen the case if settlement is not
consummated. If neither of the Parties move to reopen, the dismissal shall be with prejudice.
4. The Panies agree that they will not post or re-publish any work or article written
by the other without receiving written permission, in advance, from the other party, unless the
terms of service permit republication without permission.
5. The Defendant agrees to remove any and all remaining alleged infringement
materials as to Hoge and Hogewash.
6. In the event that either of the Parties breach this Agreement, this Agreement does
not restrict the rights of the non-breaching party to take the appropriate legal actions in the
appropriate legal forum to seek relief for the breach of contract.
g. This Agreement shall be deemed executed in the State of Maryland and will be
governed by the laws of the State of Maryland, except to the extent that other federal law may
Page I of2
apply. This Agreement sets fonh the entire agreement of the Parties. This Agreement may not be
changed orally, but may be changed only by a writing signed by both of the Parties.
10. This Agreement represents a fully negotiated agreement. The Parties have both
been afforded the opportunity, which each has exercised, to review the terms of the Agreement.
By:
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