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WILLIAM M.

SCHMALFELDT
U.S. DISTRICT COURT FOR THE
DISTRICT OF MARY LAND
(Northern Division)
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dY
CaseNumber 1:14-cv-01683-ELH
Counterclaim Defendant.
Counterclaim Plaintiff.
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"Paul Krendler," (Anonymous Blogger) )
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VERIFIED MOTION FOR SUBPOENA TO IDENTIFY COUNTERCLAIM DEFENDANT
"PAUL KRENDLER"
Nowcomes Counterclaim Plaintiff WilliamM.Schmalfeldt and moves this
Court to direct the Clerkto issue subpoenas to assist CounteclaimPlaintiff in
identifY inganonymous blogger and Counterclaim Defendant, "Paul Krendler."
1. Counterclaim Defendant "Paul Krendler" isthe author of the
"Thinking Man's ZombieBlog".lt seems to alargedegree to beablog
created and devoted to the solepurpose of mocking, attacking,
libeling and smearing the Counterclaim Plaintiff.
2. Counterclaim Defendant purportedly "sold" his copyright inablog
post dated April 23, 2014, titled 'We CanWrite Whatever WeWant,
Right?" to Counterclaim Defendant WilliamJ ohnJ oseph Hoge1lI, even
though noproof of avalidtransfer of copyright has been shown to this
date.
Case 1:14-cv-01683-ELH Document 37 Filed 07/16/14 Page 1 of 3
3. Counterclaim Plaintiff has tried onseveral occasions to ascertain the
name, address, state of residence, etc., of uKrendler" viathe comment
section of his blog, and viahis Twitter account, "@Brainsrfood." These
efforts havebeen met with mockery, derision, or were otherwise
ignored.
4. Counterclaim Defendant WilliamJ ohnJ oseph HogeIII has claimed in
his briefs that, although hehas avalid copyright transfer agreement
with "Krendler", hehas no ideawhat his actual name isor where he
lives.
5. Counterclaim Plaintiff has the right to determine the identity and state
of residence of an anonymous blogger that heissuing for defamation
and other torts. Independent Newspapers v. Brodie, 407 Md.415 (Md.
2009).
6. A Brodie finding isnot required for the issuance of asubpoena.
7. Counterclaim Plaintiff has notified "Krendler" that heis seeking
subpoenas for service to WordPress.com, the host server of his
"Thinking Man's Zombie" blog, aswell asto Twitter, in order to
comply with the notice and opportunity to respond standards set
forth inBrodie. (Exhibit A.)
8. Copiesof the proposed subpoenas are attached as Exhibits Band C.
WHEREFORE:For the above reasons, Counterclaim Plaintiff moves this Court
to order the Clerkto issue the requested subpoenas.
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Case 1:14-cv-01683-ELH Document 37 Filed 07/16/14 Page 2 of 3
DATED: J une15, 2014
By:
Respectfully submitted
;\r' - 1" , A /1
/~ _1 Irv:/~_
Willia M.Schmalfeldt, Pro Se
6636 Washington Blvd., Lot71
Elkridge, Maryland 21075
bschmalfeldt@comcast.net
410- 206- 9637 (telephone)
Verification
I verify that the above statements are true and correct under the provisions of 28
USC1746.
WilliamM.Schmalfeldt
Certificate of Service
I certifiy that I mailed acopy of this motion to Counterclaim Defendant W.J .J .
Hogeby Certified Mail, First Class, Return Receipt Requested onJ une is, 2014.
William M.Schmalfeldt
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Case 1:14-cv-01683-ELH Document 37 Filed 07/16/14 Page 3 of 3

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