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Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.
IN THE
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.
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.
f.
g.
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
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.
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
o.
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
Mr. Hoge never falsely accused Brett Kimberlin of any sexual offense.
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s.
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 never had any connection with any campaigns to comment
Mr. Hoge never stated that Tetyana Kimberlins elder daughter should
statement.
y.
Judge Creighton did not state that Mr. Hoge had engaged in child
Mr. Hoge never bullied Tetyana Kimberlins elder daughter and was
Mr. Hoge did not operate The Thinking Mans Zombie blog.
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ad.
Respectfully submitted,
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.
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
IN THE
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.
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.
suit with them. As noted above, I have never published false attacks directed at
Brett Kimberlin on my blog Hogewash!.
8.
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.
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.
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.
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.
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.
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 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.
[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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[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.
[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.
Kimberlins error and agreeing with Mr. Walker that the young girl should be left
alone.
25.
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.
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.
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.
that I have engaged in any bullying, let alone been a ringleader of a campaign to
bully Tetyana Kimberlins elder daughter.
30.
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.
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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