J uly21, 2014

TheHon. EllenL.Hollander
USDistrict Court for the District of Maryland
Northern Division
101W. Lombard St.
Baltimore, MD21201
i ZGI~J UL 22 A Ii: 3::'
. \!
D
RE: Hogev. Schmalfeldt, Case Number 1:14-cv-01683-ELH
Dear J udge Hollander:
Your honor.
Asthe pro se defendant and counterclaim plaintiff in the above matter,
something happened during the past week that I believe merits the Court's
immediate attention.
Thepro se plaintiff and counterclaim defendant inthis case, WilliamJ ohn
J oseph Hoge of Westminster, Maryland, attempted yet again to procure
another peace order against me inthe Carroll County District Court. He
was denied (Attachment 1), but he immediately appealed to the Carroll
County Circuit Court (Attachment 2). Inhis complaint seeking the peace
order (Attachment 3), Hogealleges "harassment by continued (20+)
contacts after ademand to stop. Harassment by filing afalse (DMCA)
takedown notice resulting in disruption of acommercial website. (I have
no idea what "commercial website" he istalking about) Threats to file
criminal charges if I did not provide information related to abusiness
relationship to athird party."
If I may address these allegations, I received aletter from Mr. Hoge
(Attachment 4) on J uly 17that I thought seemed likean attempt to start
some sort of settlement discussion. I amnot bound to obey Mr. Hoge's
order to contact himvia mail only. I amaretired person, 14-years with
Parkinson's disease, living on abarely sufficient fixed income. I have his e-
mail address, he has mine. I will say the same thing inan e-mail as I would
inaletter. Of note isthe fact that Hogefiled for this latest peace order the
same day I received the letter.
Case 1:14-cv-01683-ELH Document 42 Filed 07/22/14 Page 1 of 4
The DMCAcomplaint to which he refers was not fraudulent. It was under
the terms of the WordPress.com Terms of Service, and was meant as a
demonstration by me to show what "the real world" thinks of people lifting
snippets ofblog entries fromanother's blog to use onhis own. WordPress
rejected the claim, as they rightly should have. And Mr. Hogemakes no
claimas to how this "disrupted" his public, personal and non-commercial
website "Hogewash", which is certainly NOTacommercial website.
Word Press did take down some images I referred to inan earlier
communication with the Court that were lifted fromthe NASAwebsite. But
I immediately notified WordPress that they had taken down the wrong
photos and they were immediately replaced. I certainly made no "threats"
about taking criminal action, and the "information related to abusiness
relationship to athird party" is his copyright transfer agreement with
anonymous blogger "Paul Krendler," for which he filed acopyright claim
on J une 7, 2014 - 11 days after filingthe instant case. I still have not seen a
document that says Hogeowns copyright to that, your honor.
Onceagain, we have Mr. Hogetwisting the facts, not outright lying but
shaping and spinning the facts until they present himin alight that he can
take to aCarroll County Court Commissioner, to make himself seem
sympathetic and virtuous to acourt official who has no idea what has
already transpired.
Your honor, this all goes to show the proof of what I allege in my
counterclaim and what I said in our Preliminary Injunction Hearing on
J une 27. Mr. Hogehas gotten apeace order against me and had it extended
for six months because I did not submit to his demand to remove the "@"
symbol before his name on my Tweets. Despite the findings in USv.
Cassidy, the Carroll County Circuit Court J udge said hewas not bound by
the precedent set by the USDistrict Court for the District of Maryland and
ruled that tweeting "@wjjhoge" arose to the level of harassment under
Maryland Law3-803.
Mr. Hogeis avindictive, vexatious litigant. Hemust understand that his
copyright infringement case isdoomed by the fact that he did not even
register his copyright for over aweek after filing the instant case. I can
only imagine that his best-case scenario isthat your Honor dismisses his
complaint, dismisses my counterclaim and sends us both on our merry
way. This is exactly the same deal I offered himbefore this case began.
Nowthat he has proven what I said about himis absolutely true, his filing
2
Case 1:14-cv-01683-ELH Document 42 Filed 07/22/14 Page 2 of 4
of anew peace order, his plunking down another $135 to appeal it, his
paying $295 to belatedly filecopyright on pieces of work he never objected
to anyone using until he changed his "terms of service" on the same day as
our Preliminary Injunction hearing, on top of the $400 filing feefor the
instant claim, piled atop the 367 charges dismissed by the Carroll County
and Howard County State's Attorneys offices, how can one see Hoge's
actions inany light other than that of avindictive, vexatious, obsessed
Captain Ahab, willing to pay any cost to land his personal "Moby Dick"? Or,
given Hoge's affinity for science fiction, this quote from "Star Trek II, the
Wrath o/Khan":
Hetasks me. Hetasks me, and I shall have him. I'll chase him
round the Moons of Nibiaand round the Antares Maelstrom
and round Perdition's flames before I givehimup!
Your honor, I amnot awhite whale. I amnot astars hip captain. I amaflesh
and blood, living, breathing human being, slowly slipping into an early
grave because of aneurological disorder that Hogedid not cause but
certainly made worse with his constant attacks, the hectoring of his
commenters, and his malicious use of the courts of Carroll County, Howard
County, and now the United States of America for the sole purpose of
running me to ground, to obtain that thing hewants more than anything
else it seems - my personal destruction.
This iswhy I have to pursue the counterclaim, your honor. It is as I
predicted, only now Hogecan't even wait to lose THIScase before hetries
to hammer me with yet another misuse of the courts as aweapon against
me. AsI said on J une 27, your honor, this will continue until I ameither
totally incapacitated or dead: ORUNLESSSOMEONECOMPELLSHIMTO
CEASETHISACTIVITY!
Sincerely,. L
flr/YYy1r./"
William M.Schmalfeldt, Pro Se
6636 Washington Blvd. #71
Elkridge, MD21075
bschmalfeldt@comcast.net
410-206-9637
(Enclosures)
3
Case 1:14-cv-01683-ELH Document 42 Filed 07/22/14 Page 3 of 4
Certificate of Service
I certify that onthe 21st day ofJ uly, 2014, I served acopy of the foregoing
Replyto Counterclaim Defendant Hoge's Motionto Dismiss onWilliamJ ohnJ oseph
HogeIII byCertified Mail,Return Receipt Requested to 20RidgeRoad, Westminster,
MD21157
WilliamM.Schmalfeldt
Case 1:14-cv-01683-ELH Document 42 Filed 07/22/14 Page 4 of 4