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William John Joseph Hoge,

Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY


MARYLAND
Case No. 06-C-16-070789

PLAINTIFFS OPPOSITION TO THE KIMBERLIN DEFENDANTS MOTION FOR


SUMMARY JUDGMENT
COMES NOW William John Joseph Hoge and opposes the Kimberlin
Defendants Motion for Summary Judgment (Docket Item 85/0). In opposition Mr.
Hoge states as follows:
INTRODUCTION
Given that there are material facts in dispute between the parties, the
Kimberlins are not entitled to summary judgment.
I. THE DOCTRINE OF RES JUDICATA DOES NOT PROVIDE A DEFENSIVE SHIELD
FOR THE KIMBERLINS
In order for res judicata to be applicable in the instant lawsuit, the
Kimberlins and Mr. Hoge would have had to have been parties in a previous civil
action based on the same facts. There has been no such previous lawsuit. Mr. Hoge
was not a party in the Walker v. Kimberlin, et al., Case No. 398855V (Md. Cir.Ct.
Mont. Co. 2016) suit, and the Kimberlins have offered no evidence beyond an
unsworn conclusory allegation that Messrs. Hoge and Walker were in privity with
respect to that lawsuit or are in privity with respect to the instant case. Moreover,

the facts are not entirely identical in the two cases. Thus, the Kimberlins cannot
rely on res judicata as a defense, and the Court should deny their Motion for
Summary Judgment.
II. THE KIMBERLINS MISREPRESENT THE JURYS FINDINGS IN WALKER V.
KIMBERLIN, ET AL.
The jury in the Walker case was charged with finding which statements made
by either of the Kimberlin were knowingly false and what information they had left
out of the Applications for Statement of Charges relevant to that case which might
have led the Commissioners to fail to find that problem cause existed to charge Mr.
Walker. The Walker jury did not affirmatively find that any of the Kimberlins
statements were true. However, the Walker jury did find that the Kimberlins made
false statements and failed to disclose material information on their Applications
for Statement of Charges filed against Mr. Walker. See Exhibit A.
More to the point, Mr. Hoge was not a party in that case and was not
permitted to present evidence to that jury. Certainly, the Kimberlins have not
provided any evidence to this Court of the Walker jurys actual findingseven
though sufficient time had elapsed between that trial and the filing the instant
motion for a transcript to be available. Because the Kimberlins have provided not
any competent admissible evidence to support their Motion for Summary Judgment,
the Court should deny it.

III. AT A MINIMUM, THE FOLLOWING FACTS ARE AT ISSUE IN THIS LAWSUIT


As noted in Mr. Hoges attached Affidavit (Exhibit B) the following material
facts are disputed with respect to the 2013 Application for Statement of Charges of
Count I:
a.

Mr. Hoge has never stalked or harassed Brett Kimberlin or any

member of his family.


b.

Mr. Hoge has never suborned perjury or asked anyone to file a false

criminal charge.
c.

Mr. Hoge has never falsely accused Brett Kimberlin of any crime or of

pedophila.
d.

Mr. Hoge has never offered Tetyana Kimberlin anything of value in

order to induce her to sign a false document.


e.

Mr. Hoge was not the co-publisher of the KimberlinUnmasked blog.

f.

Mr. Hoge was not obsessed with attacking Brett Kimberlin.

g.

Mr. Hoge never prepared a custody complaint against Brett Kimberlin.

h.

Mr. Hoge never prepared a false criminal charge filed against Brett

Kimberlin.
i.

Mr. Hoge has never used the Internet or any online service for the

purpose of harassing or harming Brett Kimberlin.


With respect to the defamatory email of Count VI:
j.

Mr. Hoge asserts that because stalking had been denied as a basis for

the temporary peace order in place on 9 March, 2016, Brett Kimberlin acted with
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reckless disregard for the truth in the email sent to the counsel for the U.S.
Chamber of Commerce.
With respect to the defamatory statements of Count IX:
k.

Mr. Hoge alleges that Twitter found the statements made to them by

Brett Kimberlin which cause the suspension of Mr. Hoges accounts were false.
With respect to the Application for Statement of Charges related to the malicious
prosecution alleged in Count XI:
l.

Mr Hoge never used an interactive computer service to harass Tetyana

Kimberlins elder daughter or engaged in any conduct to cause her to have any
reasonable fear for her safety.
m.

Mr. Hoge denies that the Kimberlins ever asked him to stop contacting

or writing about Tetyana Kimberlins elder daughter.


n.

Mr. Hoge never attacked Tetyana Kimberlins elder daughter.

o.

Mr. Hoge never harassed or stalked any member of the Kimberlin

family.
p.

Mr. Hoge never engaged in any research related to the Kimberlins that

was not directly related to either news reporting concerning Brett Kimberlins
public activities or preparation of legal defenses for litigation initiated by Brett
Kimberlin or criminal charges initiated by either Brett or Tetyana Kimberlin.
q.

Mr. Hoge never sent anyone to the Kimberlin home for any purpose

other than service of court papers.


r.

Mr. Hoge never falsely accused Brett Kimberlin of any sexual offense.
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s.

Mr. Hoge denies trolling the social media accounts belonging to

Tetyana Kimberlins elder daughter, and he never viewed them for any purpose
other than the preparation of legal defenses initiated by Brett Kimberlin.
t.

Mr. Hoge denies every trying to follow or friend Tetyana

Kimberlins elder daughter on any social media platform.


u.

Mr. Hoge never had any connection with any campaigns to comment

about Mrs. Kimberlins elder daughter except to discourage them.


v.

Mr. Hoge never contacted any law enforcement agency concerning

Tetyana Kimberlins elder daughter.


w.

Mr. Hoge never stated that Tetyana Kimberlins elder daughter should

be targeted for harassment.


x.

Mr. Hoge never offered Tetyana Kimberlin money to make a false

statement.
y.

Mr. Hoge never attacked anyone, including any reporters, who

support Tetyana Kimberlins elder daughter or her music career.


z.

Mr. Hoge never threatened to depose Tetyana Kimberlins elder

daughter or any of her friends.


aa.

Judge Creighton did not state that Mr. Hoge had engaged in child

abuse at the conclusion of the 14 May, 2015, peace order hearing.


ab.

Mr. Hoge never bullied Tetyana Kimberlins elder daughter and was

never connected to any campaign to bully her.


ac.

Mr. Hoge did not operate The Thinking Mans Zombie blog.
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ad.

Tetyana Kimberlin did not draft the Application for Statement of

Charges, and the handwritten addendum is in Brett Kimberlins handwriting.


A dispute over any one of these facts should be sufficient to cause the
Kimberlins Motion for Summary Judgment to fail. Thus, the Court should deny
their motion.
CONCLUSION
WHEREFORE, Mr. Hoge asks the Court to deny the Kimberlins Motion for
Summary Judgment (Docket Item 85/0), and grant such other relief as the Court
may find just and proper.
Date: 5 December, 2016

Respectfully submitted,

William John Joseph Hoge, pro se


20 Ridge Road
Westminster, Maryland 21157
(410) 596-2854
himself@wjjhoge.com

CERTIFICATE OF SERVICE
I certify that on the 5th day of December, 2016, I served copies of the
foregoing on the following persons:
William M. Schmalfeldt by First Class U. S. Mail to 3209 S. Lake Drive, Apt. 108,
St. Francis, Wisconsin 53235.
Brett Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817.
Tetyana Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817.

William John Joseph Hoge

AFFIDAVIT
I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true to the best of my knowledge,
information, and belief.
Date: 5 December, 2016
William John Joseph Hoge

Exhibit A

Exhibit B

William John Joseph Hoge,


Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY


MARYLAND
Case No. 06-C-16-070789

AFFIDAVIT OF WILLIAM JOHN JOSEPH HOGE


I, William John Joseph Hoge, depose and say:
1.

I am over eighteen (18) years of age, have personal knowledge of the

facts contained herein (except as noted), and am competent to be a witness.


2.

On or about 30 July, 2013, Brett Kimberlin filed a false Application for

Statement of Charges against me alleging that I had harassed him. In that


Application Brett Kimberlin made the following false statements:
3.

Brett Kimberlin stated that I had 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. I have never engaged in stalking or harassing Brett
Kimberlin, either online or in person. I have never harassed him in a court. I have
never suborned perjury for any purpose. I did not cause his wife to file a false
criminal charge against him.
4.

William Hoge has been stalking me for at least 12 months. He

has filed many frivolous lawsuits ... against me[.] ... As noted above, I have

never stalked Brett Kimberlin. As of 30 July, 2013, the only action I had filed
against him was a peace order petition. I had not filed multiple lawsuits. Although
he has sued me four times, the instant case it the only lawsuit I have filed against
him
5.

He has written thousands of posts and tweets about me falsely

accusing me of crimes such as swatting, perjury, pedophilia, rape, and


harassment. While I had written hundreds of blog posts and tweets about Brett
Kimberlins criminal past and his ongoing attempts to use the courts to silence his
critics, I had never falsely accused him of a crime or pedophilia. Indeed, when he
subsequently sued me for defamation, he lost because he could not provide a
scintilla of evidence (as Judge Johnson put it) that anything I had written or said
about him was false.
6.

[H]e has offered my mentally ill wife things of value to sign

false documents prepared by him and his associate Aaron Walker. I have
never offered Tetyana Kimberlin anything of value in order to induce her to sign
any document.
7.

He is co-publisher of a blog called KimberlinUnmasked, which

publishes daily false attacks on me. He is publisher of another blog called


HogeWash [sic] that publishes daily false attacks on me. I was never copublisher of the now-defunct KimberlinUnmasked blog. In fact, Brett Kimberlin
sued two other persons claiming that they were the publishers, and he settle that

suit with them. As noted above, I have never published false attacks directed at
Brett Kimberlin on my blog Hogewash!.
8.

William Hoge in July 2013, has been stalking and harassing me

by meeting with, advising and preparing court documents for my wife


Tetyana that are false. My wife has a long history of mental illness and Mr.
Hoge is taking advantage of and exploiting that mental illness to stalk and
harass me through her using a course of conduct and pattern of criminal
activity. First, it is patently absurd that I could stalk Brett Kimberlin by meeting
with a third party when he was not present. While I am not a mental health
professional and not competent to diagnose Tetyana Kimberlin, she has never
presented symptoms or behaviors that would lead me to believe she was mentally
ill. I am also not an attorney. Therefore, I did not give Mrs. Kimberlin any legal
advice. I did arrange for her to meet with two lawyers who assisted her. The first,
Aaron J. Walker, is licensed in Virginia and D. C. and was only able to give general
advice to Mrs. Kimberlin while she was in those jurisdictions. The second, Zoa
Barnes, is a Maryland attorney and represented Mrs. Kimberlin in a family law
matter in Montgomery County.
9.

I have repeatedly told Mr. Hoge to leave my family and me

alone but he will not. He is obsessed with attacking me using the most vile
and untrue statements and accusations. As of 30 July, 2013, I had received no
communication for Brett Kimberlin asking to be left alone. As noted above, what I
wrote and said about Brett Kimberlin survived a defamation suit.
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10.

On July 12, 2013, he helped prepare a false custody complaint

against me stating that my wife was my childrens primary caretaker, with


a strong bond who was fit for custody. In fact, my wife is barely able to
care for herself and has been previously committed for. [sic] On July 27,
2013, he helped prepare a false protective order against me stating that I
raped my wife in 1996, confined her against her will for 17 years, and used
violence against her. Mr. Hoges conduct is exacerbating my wifes mental
condition and pushing her toward actions that could result in death or
bodily injury to my wife. He is manipulating her in a negative way that
could cause her to attempt or commit suicide, or to strike out and harm
my children or me. I had no involvement in the preparation of any custody
complaint filed on 12 July, 2013. I had no involvement in the preparation of any
protective order petition filed on 27 July, 2013. I never took any action that I
believed would endanger the welfare of Tetyana Kimberlin or her children.
11.

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. I began
reporting on Brett Kimberlin and his activities when he obtained a peace order
which prohibited a blogger, Aaron J. Walker, from writing or speaking about
Kimberlin for six months. That order was clearly unconstitutional in light of
Brandenburg v. Ohio, and I, along with hundreds of other bloggers, picked up on the
story. Brett Kimberlins claim that my coverage of his ongoing use of the courts to
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silence his critics harms his reputation is silly. Hes a convicted perjurer, drug
smuggler, and serial bomberand thats not the full list of his crimes.
12.

On or about 9 March, 2015, Brett Kimberlin sent an email to counsel

for the U. S. Chamber of Commerce concerning a lawsuit he was about to file in the
U. S. District Court for the District of Maryland. The Chamber of Commerce was
one of my codefendants in that case. In that email he wrote: 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. While the peace order
petition filed by Kimberlin alleged stalking and harassment, the temporary order
only listed harassment as a possible precursor offense. Thus, Kimberlin knew or
should have known that his accusation of stalking against Mr. Hoge was false.
Kimberlins subsequent lawsuit, Kimberlin v. Hunton & Williams LLP, et al., Case
No. 15-CV-723-GJH (D.Md. 2016) was dismissed with prejudice.
13.

On 27 April, 2015, my @wjjhoge Twitter account was suspended for

alleged targeted abuse. During the 18 May, 2015, de novo hearing of the peace
order sought against me by Brett Kimberlin, an email from Brett Kimberlin to
Twitter accusing me of cyberstalking Tetyana Kimberlins elder daughter was
proffered by the Kimberlins. Just as the court found that I had not engaged in
harassment, Twitter found the Kimberlins allegations of targeted abuse to be false.
On 8 July, 2015, Twitter restored my account and apologized for suspending it.

14.

On 18 May, 2015, Tetyana Kimberlin filed a false Application for

Statement of Charges against me alleging that I had engaged in online harassment


of her elder daughter. In that Application Tetyana Kimberlin made the following
false statements:
15.

Tetyana Kimberlin alleged that I used an interactive computer to

harass, abuse, bully, [sic] our minor daughter [redacted] which caused her
to suffer serious emotional distress and fear for her personal safety. I have
never harassed, abused, or bullied Tetyana Kimberlins elder daughter, either
online or in person. Indeed, I have avoided any mention of her except when
reporting on incidents when Brett Kimberlin has dragged her into the spotlight,
such as when he called her as a witness in the Kimberlin v. Walker, et al., Case No.
380966V (Md. Cir.Ct. Mont. Co, 2014) defamation trial.
16.

She and we have repeatedly asked the to stop but [he] continue

to do so and get others to join them in [his] bullying. The Kimberlins had not
repeatedly asked me to stop any online bulling of Tetyana Kimberlins elder
daughter. As noted above, I made every effort to avoid mentioning her.
Furthermore, I repeatedly urged others to refrain from writing about her.
17.

Many parents will not let their daughters be around [redacted]

because of the false attacks mad online by Mr. Hoge[.] I have never
attacked her in any sense, either physically or with words.
18.

Mr. Hoge is a 67 year old man who [has] been harassing and

stalking our family obsessively and incessantly for the past four years. I
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have not engaged in harassment or stalking of the Kimberlin family. I have been
writing truthfully about Brett Kimberlins criminal past and his present activities,
especially his use of the courts to try to silence his critics.
19.

They investigate every aspect of our family and business, and

they have compiled and stored gigabytes of data in scarce of digital and
paper folders about our family. They conduct forensic analysis of photos
and videos associated with us through meta data markings to find
patterns and connections. [He has] sent people to our home to take
photographs. While I have not investigated every aspect of the Kimberlin family,
I have extensively investigated Brett Kimberlin. Initially, this was done to
understand his background and activities in the context of reporting on his abuse of
the First Amendment rights of his critics. When I became the defendant in multiple
lawsuits aimed at silencing me, I also began to investigate Brett Kimberlin and his
activities in preparation for defense of those lawsuits. In fact, I probably have tens
of gigabytes of data stored, and a four-drawer filing cabinet is now almost
completely full of paperwork related to Brett Kimberlin and the lawsuits he has
filed against me. I have never sent anyone to the Kimberlins home for any purpose
other than service of court papers.
20.

Mr. Hoge [has] exhibited a disturbing level of interest in

[redacted] since she was 14 with a multi year course of harassing and
stalking behavior. [He has] attacked her repeatedly, directly and
indirectly, through [his] online presence by falsely accusing Brett
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Kimberlin of sex offenses and insinuating and imputing that [redacted] is


in danger. I have no particular interest in Tetyana Kimberlins elder daughter,
except to the extent that Brett Kimberlin has used her as a prop in his attempts to
silence his critics through frivolous and vexations legal actions. I have never
attacked her online, and Brett Kimberlins bizarre theory that truthful report about
him somehow harasses her has no basis in either the facts or the law.
21.

[He has] trolled her social media accounts and copied pages,

photos, videos and posts that she has placed on line. I have no particular
interest in Tetyana Kimberlins elder daughter or her music career. However, I
have made copies of posts on the website she maintains to promote he music career
and of videos she has posted to YouTube. This was done as part of preparation of
my defense as respondent to the peace order petition filed in 2015. I have never
tried to follow her on Twitter or friend her on Facebook.
22.

Mr. Hoge [has] orchestrated campaigns to post vile and

insulting comments of a sexual nature on articles about her and on music


videos she has uploaded to YouTube. [He has] incited other twisted
individuals to pile on against her in perverted and unwanted ways. [He
has] posted comments on blog posts talking about her titties and falsely
insinuated sexual abuse. On March 3, 2015, Mr. Hoge posted her
birthday and age in the comment section of a blog by one of his close
associates discussing a fantasy of a sexual pervert hung[ing] over her at
a middle school basketball game. Not only have I never orchestrated any
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campaign to post anything (favorable or unfavorable) about Tetyana Kimberlins


elder daughter, I have on many occasions advised others to leave her alone. I have
never comment on a blog post which discussed on her titties or falsely insinuated
sexual abuse. I have never posted her birthday online, but I did include her birth
month and age in a comment aimed at discouraging further comments about her.
23.

[He has] contacted the police and falsely told them that there is

child porn at our home and that she is being watched while undressing. I
have never contacted any law enforcement agency for any reason related to Tetyana
Kimberlins elder daughter. I have never written or said that there might be child
pornography in the Kimberlins household. I have never written or said that
Tetyana Kimberlins elder daughter was being watched while undressing.
24.

They have said that she is a proper target for online

harassment because of corruption of blood. The they in this context is


Aaron Walker and me. Brett Kimberlin falsely claimed in an opposition to Mr.
Walkers motion to dismiss Kimberlins first amended complaint in the Kimberlin v.
National Bloggers Club, et al., Case No. 13-CV-3059-GJH (D.Md. 2013) lawsuit that
Mr. Walker had written in a blog post the Tetyana Kimberlins elder daughter
should be targeted. In fact, Mr. Walkers blog post said just the opposite as can be
seen in the copy of it that Kimberlin included as an exhibit in his opposition. See
Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-3059-GJH, ECF No.
29-2 (D.Md. Jan., 17, 2014), Ex. Z. I did publish a blog post pointing out

Kimberlins error and agreeing with Mr. Walker that the young girl should be left
alone.
25.

[He has] communicated with Tetyana Kimberlin and offered

her money to make false statements to get [redacted] taken away from us.
As noted above, I have never offered Tetyana Kimberlin anything of value to make
a false statement. I did offer support and paid for her legal counsel when she was
engaged with in a custody dispute with Brett Kimberlin. While that could have
resulted in the children being taken away from him, she would have retained
custody. Thus, taken away from us makes no sense.
26.

[He has] attacked people who support [redacted] including

reporters. I have never attacked anyone, either physically or with words, because
of his support for Tetyana Kimberlins elder daughter. I have called out online
publications such as Breitbart Unmasked and writers such as William Schmalfeldt
for inaccurate reporting. I have asked them to correct and retract false statements.
And when they have refused, I have sued them for defamation.
27.

They have threatened to take depositions of here and her

friends to ask about sexual topics. The they in this context is Aaron Walker
and me. When Brett Kimberlin was first threatening to sue us in 2013 for referring
to him as a pedophile, Mr. Walker speculated that he would not because of the
possibility that Mr. Walker would depose Tetyana Kimberlins elder daughter and
her friends. Mr. Walker reasoned that the possibility of such depositions would
deter the suit. It did not, but the depositions were not necessary. While I discussed
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Mr. Walkers speculation on my blog, I never stated a desire to depose the daughter
or her friends.
28.

After the hearing, the Judge stated that Mr. Hoge engaged in

child abuse through their online bullying. She said that they may very
well end up behind bars. The Kimberlins have provided an extract of the 14
May, 2015, hearing as an unmarked attachment to their Motion for Summary
Judgment. As the Court can see from the Kimberlins own exhibit, there is nothing
in the record that shows that Judge Creighton found that I engaged in child abuse
or online bullying.
29.

Mr. Hoge the ringleader[ ] of this bullying campaign. I deny

that I have engaged in any bullying, let alone been a ringleader of a campaign to
bully Tetyana Kimberlins elder daughter.
30.

It has also occurred on Mr. Hoges alter ego blog, The

Thinking Mans Zombie. I do not operate The Thinking Mans Zombie blog. I
am not the person who writes under the pseudonym Paul Krendler on that blog.
31.

From my listening to the Court Audio CDs from the Walker v.

Kimberlin, et al., Case No. 398855V (Md. Cir.Ct. Mont. Co. 2016) trial, it appears
that Brett Kimberlin admitted to drafting the 2015 Applications for Statement of
Charges signed by Tetyana Kimberlin.

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I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true and correct to the best of my
knowledge, information, and belief.
Date: 5 December, 2016
William John Joseph Hoge

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