Professional Documents
Culture Documents
COMES NOW William John Joseph Hoge pursuant to the Courts Scheduling
Mr. Hoge plans to rely on the following facts to prove his claims
Breitbart Unmasked.
William Schmalfeldt admits that some or all of the operating expenses for the
Breitbart Unmasked website have been paid by Justice Through Music Project and
VelvetRevolution.US.
Brett Kimberlin admits that he has effective managerial control over the day-
Kimberlin admits that no one supervises his work for Justice Through Music
Count I
Kimberlin admits filing that Application. That criminal proceeding was terminated
in Mr. Hoges favor. Brett Kimberlin admits that the Montgomery County States
Attorneys Office entered a nolle prosequi on the charge against Mr. Hoge. The
contents of the Application for Statement of Charges filed by Brett Kimberlin were
false and/or misleading, so there was no probable cause to charge Mr. Hoge. Brett
Kimberlin acted with malice. Mr. Hoge suffered actual damages as a result of his
Count II
Internet falsely accusing Mr. Hoge of stalking Kelsie Kimberlin and of suborning
perjury by Tetyana Kimberlin. Brett Kimberlin was the source of the false
Schmalfeldt were at fault for making those false statements. The Breitbart
Unmasked article falsely accused Mr. Hoge of the crimes of stalking (Md. Crim. L.
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3-802) and subornation of perjury (Md. Crim. L. 9-102). Almighty Media,
Count III
work. Williams Schmalfeldt has admitted writing that email. William Schmalfeldt
was at fault for making those false statements. William Schmalfeldt falsely accused
Mr. Hoge of the crime of stalking (Md. Crim. L. 3-802). William Schmalfeldt
falsely accused Mr. Hoge of being incapable of performing his professional work.
Count IV
affirming its accuracy. Brett Kimberlin was the source of the false information
published. William Schmalfeldt was at fault for making that false statement.
William Schmalfeldt falsely accused Mr. Hoge of the crimes of stalking (Md. Crim.
has admitted to knowing his statement was false when he made it. Almighty
malice, and because they acted with malice in publishing Schmalfeldts comment,
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Almighty Media and Breitbart Unmasked are not protected by the safe harbor
Count V
comment to the Breitbart Unmasked article referred to in Count II stating that Mr.
Kimberlin was the source of the false information published. William Schmalfeldt
William Schmalfeldt was at fault for making that false statement. William
Schmalfeldt falsely accused Mr. Hoge of the crime of stalking (Md. Crim. L.
3-802). William Schmalfeldt has admitted to knowing his statement was false when
he made it. Almighty Media, Breitbart Unmasked, and William Schmalfeldt acted
with constitutional malice, and because they acted with malice in publishing
Schmalfeldts comment, Almighty Media and Breitbart Unmasked are not protected
Count VI
On or about 9 March, 2015, Brett Kimberlin sent an email to the counsel for
the United States Chamber of Commerce falsely accusing Mr. Hoge of stalking
Kelsie Kimberlin. Brett Kimberlin admits sending the email and to its contents.
Brett Kimberlin was at fault for making that false statement. Brett Kimberlin
falsely accused Mr. Hoge of the crime of stalking (Md. Crim. L. 3-802). Brett
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Count VII
Internet falsely accusing Mr. Hoge of stalking Kelsie Kimberlin. Brett Kimberlin
was the source of the false information published. Almighty Media, Breitbart
Unmasked, and William Schmalfeldt were at fault for making that false statement.
The Breitbart Unmasked article falsely accused Mr. Hoge of the crime of stalking
Count VII
Internet falsely accusing Mr. Hoge of perjury. Brett Kimberlin was the source of
William Schmalfeldt were at fault for making that false statement. The Breitbart
Unmasked article falsely accused Mr. Hoge of the crime of perjury (Md. Crim. L.
Count IX
suspended because of one or more complaints from Brett Kimberlin falsely alleging
that Mr. Hoge had engaged ing cyberstalking and harassment of Kelsie Kimberlin.
Brett Kimberlin has admitted making the statement(s) to Twitter. Brett Kimberlin
was at fault for making the false statement(s) to Twitter. Brett Kimberlin falsely
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accused Mr. Hoge of the crimes of harassment (Md. Crim. L. 3-803) and online
continues to suffer) damage to his business (the blog Hogewash!) because of the
malice.
Count X
Breitbart Unmasked, and William Schmalfeldt were at fault for making that false
statement. The Breitbart Unmasked article falsely accused Mr. Hoge of the crime of
Count XI
a criminal proceeding against Mr. Hoge. Brett Kimberlin and Tetyana Kimberlin
admit filing that Application. That criminal proceeding was terminated in Mr.
Hoges favor. Brett Kimberlin and Tetyana Kimberlin admit that the Montgomery
County States Attorneys Office entered a nolle prosequi on the charge against Mr.
Hoge. The contents of the Application for Statement of Charges filed by Brett
Kimberlin and Tetyana Kimberlin were false and/or misleading, so there was no
probable cause to charge Mr. Hoge. Brett Kimberlin and Tetyana Kimberlin acted
with malice when they instituted the 2015 criminal proceeding against Mr. Hoge.
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Mr. Hoge suffered actual damages as a result of his malicious prosecution by Brett
Count XII
not to publish each others works without permission. William Schmalfeldt admits
to signing the agreement and to its contents. William Schmalfeldt has published
Mr. Hoge suffered damage through the loss of control of his copyrighted works.
Count XI: No acts done by any party after 24 June, 2015, should be
admissible. No acts done by Mr. Hoge prior to 4 February, 2015, or after 18 May,
into evidence because of his failure to produce any documents sought in discovery.
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c. Brett Kimberlin and Tetyana Kimberlin should not be allowed to introduce
Mr. Hoge seeks both actual damages and punitive damages for the two
Kimberlins malice. Mr. Hoge seeks both actual and punitive damages for the
malice. Mr. Hoge seeks actual damages for the breach of contract claim.
Actual Damages
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Count Description Amount Defendant Liable
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Punitive Damages
any further use or republication of any of Mr. Hoges works and that he be enjoined
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from filing any pro se civil action against Mr. Hoge without prior clearance from a
from filing any further Maryland criminal charges against Mr. Hoge except through
a complaint to a police department or sheriffs office and that they be enjoined from
filing any pro se civil action against Mr. Hoge without prior clearance from a Circuit
c. Mr. Hoge also seeks such other relief as the Court may find just and
proper.
Mr. Hoge intends to offer the following documents and records in evidence at
trial
b. The District Court case docket file for State v. Hoge, Case No. 1D00291915
c. The 18 May, 2015, Application for Statement of Charges filed by Brett and
d. The District Court case docket file for State v. Hoge, Case No. 3D00333028
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f. The District Court case docket file for State v. Kimberlin, Case No.
g. Trial transcripts from Kimberlin v. Walker, et al., Case No. 380966V (Md.
Cir.Ct. Mont. Co. 2014), affirmed Nos. 1553, 2009 Sept., 2014 and No. 365 Sept.,
380966V (Md. Cir.Ct. Mont. Co. 2014), affirmed Nos. 1553, 2009 Sept., 2014 and No.
l. Extracts of docket items from Kimberlin v. Hunton & Williams LLP, et al.,
Case No. 15-CV-723-GJH (D.Md. 2016), affirmed 16-1500, 4th Cir. 2016.
m. Peace Order Petition and Temporary Peace Order for Kimberlin v. Hoge,
n. Trial transcript from Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct.
o. Trial transcript from Walker v. Kimberlin, et al. Case No. 398855V (Md.
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p. Extracts of docket items fromWalker v. Kimberlin, et al. Case No. 398855V
Schmalfeldt.
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V. WITNESS LIST
William Hoge IV
20 Ridge Road, Westminster, Maryland 21157, (443) 244-1512
Brett Kimberlin
6519 79th Pl., Cabin John, Maryland 20818, (301) 320-5921
Tetyana Kimberlin
6519 79th Pl., Cabin John, Maryland 20818, (301) 320-5921
William M. Schmalfeldt
220 Whitty Drive, Myrtle Beach, South Carolina 29579, (843) 429-0581
Aaron Walker
7537 Remington Road, Manassas, Virginia 20109, (703) 216-0455
Kelsie Kimberlin
6519 79th Pl., Cabin John, Maryland 20818, phone number unknown
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Date: 26 May, 2017 Respectfully submitted,
CERTIFICATE OF SERVICE
I certify that on the 26th day of May, 2017, I served copies of the foregoing on
the following persons:
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
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