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COMES NOW William John Joseph Hoge and moves the Court sanction
Defendant William Schmalfeldt pursuant to Rule 2-433 for his failure to comply
MR. HOGE HAS MADE A GOOD FAITH EFFORT TO RESOLVE THIS DISCOVERY
DISPUTE WITH DEFENDANT WILLIAM SCHMALFELDT
filed a Motion to Compel (Docket Item 116/0) on 21 February, 2017. The Court held
a hearing on the matter on 5 May, 2017, and ordered Schmalfeldt to respond to Mr.
Item 147/0.
requests if he were normal litigant, but given his continuing bad faith such claims
were not credible in this instance. Therefore, Mr. Hoge emailed a letter to
Schmalfeldt during the evening of 13 May seeking his further cooperation with the
has failed to fully answer except when compelled by the Court, and his purposeful
failures to meet his obligations has prejudiced Mr. Hoges ability to gather evidence
and prepare his case. Schmalfeldts responses to the Courts most recent order were
due on the last day that dispositive motions were to be filed in this case, and Mr.
Hoges ability to file such motions has likewise been prejudiced by Schmalfeldts
All of Mr. Hoges request for the production of documents fall with in the
bounds of acceptable discovery under Rule 2-402. No request seeks any information
dated before 1 January, 2012. Here are Mr. Hoges requests and Schmalfelts
responses:
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Even if this were true, Schmalfeldt should have raised this sooner. Certainly, he
should have made this known during the 5 May hearing. However, given
these documents.
Even if this were true, Schmalfeldt should have raised this sooner. Certainly, he
should have made this known during the 5 May hearing. However, given
these documents.
Even if this were true, Schmalfeldt should have raised this sooner. Certainly, he
should have made this known during the 5 May hearing. However, given
these documents.
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not keep files of the correspondence he sends to anyone, let alone
Plaintiff. I cannot produce what I do not possess.
This answer is implausible at best. Schmalfeldt has been able to produce copies of
such correspondence as exhibits in lawsuits he has filed against Mr. Hoge. See, e.g.,
Even if this were true, Schmalfeldt should have raised this sooner. Certainly, he
should have made this known during the 5 May hearing. However, given
these documents.
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This answer contradicts his statement under oath during the 5 May, 2017, hearing
that he discussed the March, 2015, peace order with Matt Osborne and Brett
This refusal is specious. First, a journalist and the publication for which he works
may not hide behind journalist privilege to shield themselves from a defamation
lawsuit, and Mr. Hoges request is within the bounds set by Rule 2-402 and WBAL
v. State, 300 Md. 233 (1984). Second, if there were legitimate privacy concerns to be
addressed because of this request, Schmalfeldt could have moved for a protective
order during the nearly four months since these requests were served on him. He
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l. fatmanpodcast.com
m. galleryofoddcasts.com
n. grouchcast.com
o. hogewash.net
p. howardcountyexaminer.com
q. i-got-yer-lawsuit-right-here.com
r. kingofthehonyocks.com
s. lakesideinquisitor.org
t. liberalgrouch.com
u. parkinsonspersecution.com
v. patriot-ombudsman.com
w. patriotombudsman.com
x. radio-drumpf.com
y. radiofreemaryland.blogspot.com
z. radiowiseguy.com
aa. schmalfeldt.org
ab. spreaker.com
ac. teamschmalfeldt.wordpress.com
ad. theelkridgeinciter.com
ae.. theliberalgrouch.com
af. theliberalgrouch.tumblr.com
ag. themerrywidower.com
ah. thepontificator.com
ai. thetruthtribune.com
aj. threepercenter.org
ak. thermonuclearlawfare.com
al. trailertrashtalk.com
am. welcometomyweltschmerz.blogspot.com
an. wms-db.com
ao. youngestoldman.com
ap. billmunko.com
The request is not overly broad. It only seeks online posts related to Mr. Hoge. On
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that he has posted online. Even if his claim that he has everything backed up is
false, he has the ability to recover some of what he has posted about Mr. Hoge
as evidence at trial.
Request 10: A copy of the front and back of your current drivers
license.
Schmalfeldt had almost four months to seek a protective order. He did not. He
Request 11: All tweets sent by you and all direct messages sent or
received by you mentioning, discussing, or referring to Plaintiff
William Hoge, his wife, or his son posted to the following Twitter
accounts/handles:
a. @1934radio
b. @2014Radio
c. @AWalkerUnmasked
d. @BalmerLiberal
e. @bexmajella
f. @BillSchmalfeldt
g. @BlitzParkinsons
h. @BooksOBilly
i. @BrainSlices
j. @BreitbartsBane
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k. @Breitbitnews
l. @cabinboybilly
m. @CabinBoyRadio
n. @cbparodyrecords
o. @ComedyVengeance
p. @DaLiberalGrouch
q. @DeadAndrew
r. @DeepBrainRadio
s. @DeepBrainTV
t. @deepstatenews
u. @DementiaHouse
v. @DerangedComic
w. @DespicableBill
x. @DystopianHijinx
y. @FightRightRadio
z. @Fite_Rite_Radio
aa. @FreestateLib
ab. @FTR_Radio
ac. @FTRRadioNews
ad. @FTRRNews
ae. @GhostRadioOnlin
af. @hamiltonpig
ag. @HamiltonPigg
ah. @Hogewatch
ai. @HogeWJJ
aj. @hoggyjr1
ak. @hoggysenior
al. @HowardCoLiberal
am. @icrapradio
an. @InjusticeBuster
ao. @johnnycapstone
ap. @justplainbill15
aq. @LesterKlemper
ar. @LiberalGrouch
as. @LiberalGrouchcast
at. @liberalgrouchcd
au. @LibGrouchcast
av. @libtardmedia
aw. @LobotomyRadio
ax. @lobotomysandwich
ay. @LordOfSatire
az. @markinmd2
ba. @MentalHealthRad
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bb. @NatBloggersClub
bc. @newsroomdude
bd. @OldUncleBastard
be. @ParkinsonsHumor
bf. @Parkinsonsmedia
bg. @ParkinsonsRadio
bh. @ParkyBill
bi. @ParkyBillTweets
bj. @ParkyPundit
bk. @PatOmbudsman
bl. @PatriotOmbud
bm. @PDDisco
bn. @PoopFlakedBeard
bo. @Radio_Shiloh
bp. @Radio1944
bq. @RadioNixonUSA
br. @radioparkinsons
bs. @radioshiloh
bt. @RadioShilohNews
bu. @RadioWiseGuy
bv. @RadioWMS
bw. @RMNixonRadio
bx. @SlappyMcWingnut
by. @TeabagTribune
bz. @TeamSchmalfeldt
ca. @The_Book_Jerk
cb. @TheLiberalGrouch
cc. @TheLibrulGrouch
cd. @TidingsofDoom
ce @timeskipradio
cf. @VeryBadRadio
cg. @wallywalt
ch. @weltschmerz2015
ci. @WMSBroadcasting
cj. @wmsdb
ck. @WMSMusicRadio
cl. @WMSRadio1943
cm. @wmsradionetwork
cn. @worthingsuesblogger
co. @SchmalfeldtBill
cp. @TheFatmant_BTR
cq. @FatManPodcast
cr. @MackCanudo
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cs @Mr_Plaintiff
ct. @MunkoMentia
cu. @MunkoTales
cv. @MusicUnshackled
cw. @YouGetNoQuarter
cx. @NuclearLawfare
cy. @OnlineRadioSRN
cz. @EndTimesTribune
da. @waroftheweasels
db. @AudioOddities
dc. @BloodontheMike
dd. @FrendoDaPeeples
de. @Grouch365
df. @Grouchcast
dg. @Grouchcast365
dh. @GrouchOldLib
di. @TheHonyyockKing
dj. @hotcheeseshot
dk. @InTheseEndTimes
dl. @Leonidas_BU
dm. @LiberalGrouch16
dn. @ParkinsonPundit
do. @PurloinedParody
dp. @RadioDrumpf
dq. @SchmalfeldtRUs
dr. @TheMerryWidower
ds. @TheTruthTribune
dt. @The_Walking_Zed
du. @TheGrouchcast
dv. @TrailerTrashGuy
dw. @Weltschmerz1955
dx. @WMS_DB_Online
The request is not overly broad. It only seeks tweets and direct messages (DMs)
relating to Mr. Hoge. On information and belief, Twitter keeps all tweet and DMs
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sent through their system It is possible for an account holder to obtain a record of
deleted account. Schmalfeldt has had nearly four months to respond to this
request, but he has simply failed to make any effort to find and produce the
documents sought.
him, causing Mr. Hoge to file motions to compel for two sets of interrogatories and
the requests for production of documents. Docket Items 101/0 and 116/0.
Item 108/0) caused Mr. Hoge to file a request for a show cause order, and
interrogatories or to his request for production of documents caused Mr. Hoge to file
the second motion to compel. At the 5 May, 2017, hearing dealing with the second
motion to compel, the Court ordered Schmalfeldt to respond to Mr. Hoges request
for production of documents not later than 15 May. Docket Item 147/0.
However, Mr. Hoge moves that the Court impose sanctions on Schmalfeldt rather
than issuing yet another show cause order. Regardless of the remedy granted, there
will be a some delay in providing relief, and that delay will subject Mr. Hoge to
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further prejudice against his ability to prepare his case for trial. Because the Court
can probably impose discovery sanctions more quickly than it can pass an order for
contempt, Mr. Hoge believes sanctions are the remedy less prejudicial to him.
Hoge that might have been produced by Schmalfeldt in response to any of these
documents and has stated in his response to Request 2 that he does not presently
d.) As to all Requests: Schmalfeldt shall diligently search for all responsive
documents, including taking all steps necessary to acquire backup copies from third
parties, and shall delivered all responsive documents to Mr. Hoge not later than
taken to recover any missing document and the reason it cannot be produced.
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CONCLUSION
Schmalfeldt as recommended supra and to grant such other relief as the Court may
I certify that I have made a good faith effort to resolve this discovery dispute
with William Schmalfeldt. A letter was sent by email to him at 5:37 pm on 13 May,
2017. During the following email exchange, Schmalfeldt refused any cooperation.
My letter is attached as Exhibit B. The email exchange is attached as Exhibit C.
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CERTIFICATE OF SERVICE
I certify that on the 16th 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
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.
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Exhibit A
Defendant Schmalfeldts Response to Plaintiffs Request for Production of
Documents as served on Mr. Hoge by mail on 13 May, 2017.
Exhibit B
Mr. Hoges Letter to Schmalfeldt sent via email on 13 May, 2017.
Hogewash! is a trademark of W. J. J. Hoge
www.hogewash.com
Email to himself@wjjhoge.com
(410) 596-2854
13 May, 2017
VIA EMAIL
William M. Schmalfeldt
220 Whitty Drive
Myrtle Beach, South Carolina 59579
Its time for your lame attempts at gaming the system to end. If, by close of
business on Monday, 15 April, you have not provided me with complete sets of
documents responsive to Requests 6, 7, 8, and 9 and with a schedule of how you
intend to provide the documents for Request 11, I will take further steps to force
your compliance with this discovery.
/s/ W. J. J. Hoge
Exhibit C
Email exchange between Schmalfeldt and Mr. Hoge on 13 May, 2017. Email
timestamps are in UTC which +4 hour ahead of Eastern Time.
Exhibit D
Schmalfeldt v. Hoge, et al., Case No. 13-C-15-102498, Complaint (Md.
Howard Co. Feb. 23, 2015), Ex. G showing Schmalfeldts use of retained (albeit
altered) as emails evidence against Mr. Hoge in this previous lawsuit.