William John Joseph Hoge

20 Ridge Road
Westminster, Maryland 21157,

IN THE

CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND

Plaintiff,
v.
Brett Kimberlin
8100 Beech Tree Road
Bethesda, Maryland 20817;
Tetyana Kimberlin
8100 Beech Tree Road
Bethesda, Maryland 20817;
Matt Osborne
546 Riverview Drive
Florence, Alabama 35630;
William M. Schmalfeldt,
3209 S. Lake Drive, Apt. 108
St. Francis, Wisconsin 53235;
William Ferguson
10808 Schroeder Road
Live Oak, California 95953;
Breitbart Unmasked
Address Unknown;
Almighty Media
Address Unknown;
John Does 1, 2, 3, and 4; and
Acme
(an unknown business entity);
Defendants.

06-C-16-070789
Case No. ____________________

COMPLAINT FOR DEFAMATION, CIVIL CONSPIRACY, MALICIOUSPROSECUTION,

AND BREACH OF CONTRACT
COMES NOW William John Joseph Hoge with this Complaint for defamation,
civil conspiracy, malicious prosecution, and breach of contract. The tortious acts
underlying this action were committed by Brett Kimberlin and his associates for the
purpose of suppressing truthful commentary and criticism about Kimberlins
criminal past and his present activities. In support of his complaint Mr. Hoge
states as follows:

PARTIES
1.

William John Joseph Hoge is the proprietor of the Internet website

Hogewash! (hogewash.com), a blog covering topics of interest to Mr. Hoge, including

First Amendment and other Bill of Rights issues and Mr. Hoges hobby interests
such as astronomy, amateur radio, and Scouting. Mr. Hoge resides in Carroll
County, Maryland.
2.

Brett Kimberlin is a convicted serial bomber who works as a political

activist. He is a resident of Bethesda, Maryland.

3.

Tetyana Kimberlin is the wife of Brett Kimberlin. On information and

belief, she is a resident of Bethesda, Maryland.

4.

Matt Osborne is the editor of the Internet website Breitbart

Unmasked. On information and belief Osborne is an employee of Breitbart

Unmasked. He has written for that website using the pseudonym Xenophon. On
information and belief, he resides in Florence, Alabama.
2

5.

William M. Schmalfeldt (Bill Schmalfeldt) is the former editor of

Breitbart Unmasked and continues to contribute comments to that website. He has

written using many pseudonyms including The Liberal Grouch. He currently
resides in St. Francis, Wisconsin, but many of his acts alleged herein occurred in
Howard County, Maryland, while he was residing there, and his subsequent acts
since he fled from Maryland are a continuation of a course of conduct begun in this
state. Further, he maintains an address in Howard County as the registered
business address for several Internet domains. On information and belief, he owns
a residential trailer located at the Howard County address.
6.

William Ferguson operates an Internet website called The Mockery

Continues. On information and belief, he also writes for Breitbart Unmasked. On

information and belief, he resides in Live Oak, California.
7.

Breitbart Unmasked (breitbartunmasked.com) masquerades as an

advertising-based website publishing news and opinion from a progessive

viewpoint when it is, in fact, an outlet for defamation against Brett Kimberlins
enemies. Its content is targeted to Maryland for the benefit of Brett Kimberlin. Its
actual form of business organization unknown. On information and belief, its dayto-day operations are based at Matt Osbornes residence.
8.

Almighty Media is listed on the Breitbart Unmasked website as the

owner of Breitbart Unmasked. Its actual form of business organization and the

location of any of its offices are unknown.1

9.

John Doe 1 (Mark Cammerling, Mark in Maryland and other

similar aliases) is a pseudonymous commenter at Breitbart Unmasked. His current

location and identity are unknown.
10.

John Doe 2 is a pseudonymous commenter at Breitbart Unmasked. His

current location and identity are unknown.

11.

John Doe 3 is the publisher of Breitbart Unmasked. On information

and belief, he supervises Matt Osborne. His current location and identity are
unknown.
12.

John Doe 4 is an unidentified person. On information and belief, he

manages Almighty Media. His current location and identity are unknown.
13.

Acme is a business entity possibly owned or controlled by John Doe 4.

On information and belief, Acme owns or controls Almighty Media. Its actual form
of business organization and the location of any of its offices are unknown.
14.

Mr. Hoge intends to seek early discovery pursuant to Independent

Newspapers, Inc. v. Brodie, 407 Md. 415 (2009) concerning the presently unknown
locations and/or identities of business entities and natural persons.

JURISDICTION AND VENUE

Almighty Media filed for registration as a not-for-profit corporation with the

Secretary of State of Texas at 12:03 am (Central Time) on 14 March, 2015, via the
Internet. However, the Secretary of State returned the unprocessed application for
registration on 16 March.
4

15.

This Court has general personal jurisdiction over Defendants Brett

Kimberlin, Tetyana Kimberlin, and William Schmalfeldt under Md. Cts. & Jud. P.
6-102(a). This Court has specific personal jurisdiction over the remaining
Defendants (and, alternatively, Schmalfeldt) under Md. Cts. & Jud. P. 6-103(b) as
participants in a civil conspiracy. Also, Breitbart Unmasked and its writers
specifically target Maryland. Alternatively, the Court has jurisdiction over
Defendants John Doe 3, John Doe 4, Almighty Media, and Acme under the aiding
and abetting doctrine.
16.

Venue is appropriate in Carroll County under Md. Cts. & Jud. P.

6-201(b).

THE CIVIL CONSPIRACY

17.

The circumstances underlying this action are bizarre and complex, and

a bit of history is necessary in order to provide context for Mr. Hoges Complaint.
18.

Brett Kimberlin is felon whose worst offense is a series of bombing

which terrorized the town of Speedway, Indiana, in the late 70s.2 During his teens
and twenties, he engaged in drug dealing, becoming a significant wholesaler of
marijuana in the Midwest. His first conviction was for perjury before a grand jury
in relation to his drug dealing.3 He was subsequently convicted of drug charges,
impersonating a federal officer, misuse of military insignia, and misuse of the Seal
2

Kimberlin v. White, 7 F.3d 527, 528-29 (6th. Cir 1993).

U.S. v. Kimberlin, 483 F. Supp. 350, 351 (S.D.In. 1979).

5

of the President of the United States. He was also convicted of possession of

explosives by a felon and bombing charges related to the series of bombings in
Speedway, Indiana. As a result of the drug, bombing, and other charges, Kimberlin
received a 51-year consolidated sentence.4 While in federal prison, he achieved
additional notoriety by claiming just before the 1988 election to have sold marijuana
to Dan Quayle. He was paroled, but his parole was revoked for failure to make
restitution to the widow of a bombing victim.5 He was released on parole again in
2001. His sentence expires in 2030, and he is now on unsupervised parole.
19.

Following his release in 2001, Brett Kimberlin created and has since

operated two not-for-profit advocacy organizations, Justice Through Music Project

and Velvet Revolution.US [sic]. Both organizations support progressive political
causes. Because of Brett Kimberlins criminal past, a left-wing political
commentator named Seth Allen began questioning whether Kimberlin was the sort
of individual who should be running such organizations, suggesting that his
reputation might tarnish progressive causes. Kimberlin responded with a
defamation suit seeking $2,250,000. He was awarded nominal damages in a default
judgment in November, 2011.6 During the course of that lawsuit, Mr. Allen
represented himself, but he did receive some pro bono advice from a lawyer named
Aaron Walker. Mr. Walker is a member in good standing of the bars of Virginia and
4

Kimberlin v. Dewalt, 12 F Supp.2d 487, 489-490 (D.Md. 1998).

Id., 490-494.

Kimberlin v. Allen, Case No. 339254V (Md. Cir.Ct. Mont. Co. 2011), Dkt. No. 97.
6

the District of Columbia.

20.

At the time he was advising Mr. Allen, Mr. Walker was also writing

anonymously on the Internet under the name Aaron Worthing. He wished to

protect his anonymity in order to write more freely. When Brett Kimberlin
discovered Mr. Walkers identity, he attempted to publicize it by including Mr.
Walkers personal identifying information into multiple court filings beginning in
January, 2012.7 Mr. Walker successfully sought to have the information sealed.8
21.

Following Mr. Walkers first motion to seal his personal information,

Brett Kimberlin falsely accused Mr. Walker of assaulting and harassing him, and
he sought a pair of peace orders against Mr. Walker.9 Both were overturned on
appeal.10 The second peace order contained an unconstitutional gag order
preventing Mr. Walker from speaking or writing about Kimberlin, the District
Court judge disregarding controlling Supreme Court precedent by name. Various
writers on the Internet, including Mr. Hoge, took notice of that order and began
writing about Brett Kimberlin and what one writer called his brass knuckles
reputation management. On 25 May, 2012, hundreds of bloggers, including Mr.

Id., Dkt. Nos. 114, 127, 130, and 133.

Id., Dkt. Nos. 122, 128, 131, 132, and 145.

Kimberlin v. Walker, Case No. 0601SP005392012 (Md. D.Ct. Mont. Co. 2012) and
Kimberlin v. Walker, Case No. 0601SP019792012 (Md. D.Ct. Mont. Co. 2012).
Kimberlins claim that he had been assaulted by Mr. Walker in the Montgomery
County Circuit Courthouse was shown to be false by surveillance video.
10

Kimberlin v. Walker, Case No. 8444D (Md. Cir.Ct. Mont. Co. 2012) and Kimberlin
v. Walker, Case No. 8526D (Md. Cir.Ct. Mont. Co. 2012).
7

Hoge, confronted Kimberlin and his use of lawfare to silence critics in an online
event called Everyone Blog About Brett Kimberlin Day. The event was a sort of I
am Spartacus response to Kimberlins attempt to use the courts to silence his
critics by joining in the criticism. On 25 June, 2012, the unconstitutional gag order
was struck down by Judge Rupp of the Circuit Court for Montgomery County.
Later that evening, Mr. Walker was SWATted.11 He was the fourth individual to be
SWATted after having written about Brett Kimberlin.12 On information and belief,
Brett Kimberlin is a prime suspect for having ordered the SWATting to take place.
22.

On or about 13 February, 2012, the Internet domain

breitbartunmasked.com was anonymously registered. Beginning on or about 13

June, 2012, breitbartunmasked.com was hosted by the same service provider
(ECATEL in the Netherlands) as jtmp.org (the Justice Through Music Project
website), and in 2013, the hosting for both breitbartunmasked.com and jtmp.org
was moved to the same U.S.-based web server as the velvetrevolution.us website.
The current VelevetRevolution.US server hosts both domains and more than a
dozen other Kimberlin-related web domains.
23.

Beginning in February, 2012, John Doe 3 (as The Watchful Avenger)

began writing blog posts for Breitbart Unmasked. On or about 7 October, 2012,
11

SWATting involves someone making a false call to 911 claiming that a violent
crime such as a murder has just occurred at the victims residence with the
intention of provoking a weapons-ready police response.
12

Mike Stack, a blogger in New Jersey; John Patrick Frey, a Deputy District
Attorney in Los Angeles County, California; and Erick Erickson, a radio and cable
TV personality, were all SWATted after criticizing Brett Kimberlin.
8

William Schmalfeldt, using the pseudonym The Liberal Grouch, took over as
editor of the website under the supervision of John Doe 3 as publisher. On or about
13 March, 2013, Matt Osborne began writing for Breitbart Unmasked, and on a date
between 10 August, 2013, and 1 September, 2013, Osborne took over as editor.
24.

Beginning on or about 20 March, 2012, with a post titled Aaron

Walker: Unmasked, breitbartunmasked.com began publishing articles and

comments attacking persons who spoke or wrote critically about Brett Kimberlin.
25.

Upon information and belief, no later than 22 July, 2012, Schmalfeldt,

Osborne, and other individuals participated in an exchange of emails and other

communications for the purpose of coordinating efforts to attack, discredit, and
defame persons who spoke or wrote critically about Brett Kimberlin as a part of a
campaign to harass Kimberlins critics. Their coordinated efforts have included
publication of false and/or misleading information and defamatory statements
concerning Kimberlins critics via Breitbart Unmasked and other websites and
social media accounts under their personal control. While Schmalfeldt and Osborne
may be viewed as founding members of the conspiracy, each Defendant eventually
joined, in every case no later than his/her/its first overt act described below.
26.

On 30 November, 2012, breitbartunmasked.com published an article

by Schmalfeldt (under the byline Liberal Grouch) titled The Craven Cowardice of
Aaron Walker Revealed in His Own Words. This article contained sealed discovery
material from a lawsuit involving Brett Kimberlin and Mr. Walker. The article was
also defamatory of Mr. Walker. Kimberlin was only party to the suit who could
9

have been the source the sealed documents for Schmalfeldt. After Mr. Hoge
reported and commented on this breach of the courts seal, he became one of the
targets of the conspirators harassment and defamation. The first mention of Mr.
Hoge by Breitbart Unmasked was on or about 5 December, 2012, in an article by
Schmalfeldt (again writing as Liberal Grouch).
27.

In their 2012 email exchange and via other communications,

Schmalfeldt and Osborne agreed to engage in a campaign of misinformation and

defamation directed at Kimberlins critics. John Doe 3 as initial editor and as
publisher of Breitbart Unmasked participated in the conspiracy (or aided and
abetted it) by allowing the website to be used to further the conspiracy. Similarly,
John Doe 4, Almighty Media, and Acme also acted to advance the conspiracy (or
aided and abetted it) by allowing the use of the website. As will be shown below,
William Ferguson, John Doe 1, and John Doe 2 joined the conspiracy particularly as
it targeted Mr. Hoge. Brett Kimberlin was the beneficiary of the conspiracy and a
member from Day One. Tetyana Kimberlin joined the conspiracy not later than 14
May, 2015.

COUNT IACTS RELATED TO THE MALICIOUS PROSECUTION OF 30 JULY, 2013

28.

Mr. Hoge re-alleges the contents of paragraphs 1 through 27.

29.

On or about 30 July, 2013, Brett Kimberlin appeared before a District

Court Commissioner in Montgomery County and filed an Application for Statement

of Charges (Application I) against Mr. Hoge falsely alleging that he had
10

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.
State v. Hoge, Case No. 1D00291915 (Md. D.Ct. Mont. Co. 2013). Kimberlin also
made the following additional false allegations in Application I:
William Hoge has been stalking me for at least 12 months. He has
filed many frivolous lawsuits against me[.]
Id. Mr. Hoge has never stalked Kimberlin. He has filed one peace order petition
against Kimberlin.
He has written thousands of posts and tweets about me falsely
accusing me of crimes such as swatting, perjury, pedophilia, rape,
and harassment.
Id. While Mr. Hoge has written extensively about Kimberlin, he has not falsely
accused him of any crimes. Indeed, when Kimberlin sued Mr. Hoge for defamation,
the result was a directed verdict in Mr. Hoges favor because Kimberlin could not
show that any statement made by Mr. Hoge was false. Kimberlin v. Walker, et al.,
Case No. 380966V (Md. Cir.Ct. Mont Co. 2014).

[H]e has offered my mentally ill wife things of value to sign false
documents prepared by him and his associate Aaron Walker.
Id. Mr. Hoge never offered Mrs. Kimberlin anything of value to sign a false
document.
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.
Id. Mr. Hoge was not the publisher of any blog other than Hogewash! in July, 2013,
11

and has not published any false attacks on Kimberlin.

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.
Id. Mrs. Kimberlin sought help from Mr. Hoge and others while she was engaged in
a domestic dispute with Mr. Kimberlin. On information and belief, she has no
history of mental illness.
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.
Id. As of the date of Application I, Kimberlin had never communicated such a
request to Mr. Hoge.
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.
Id. Mr. Hoge had no involvement with the preparation of the alleged 12 July
custody complaint. Mr. Hoge helped Mrs. Kimberlin obtain legal counsel for her
subsequent filings against her husband. Upon information and belief, Mrs
Kimberlin has no history of mental illness, and based on his personal observation,
12

Mr. Hoge believes that she seemed competent during July, 2013.
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.
Id. Mr. Hoge has never engaged in any stalking or cyberstalking or harassment of
Mr. Kimberlin. Kimberlin knew that all these allegations were false or misleading.
Further, the time period during which Mr. Hoge was alleged to have acted included
several months before he was aware of Brett Kimberlin or had written about him.13
On information and belief, the charge was filed in retaliation for Mr. Hoges writing
about a series of protective orders filed between Brett and Tetyana Kimberlin and
for Mr. Hoges assistance to Mrs. Kimberlin in obtaining legal counsel.
30.

Upon the perjured facts contained in Application I, Mr. Hoge was

formally charged with harassment in violation of Md. Crim. L. 3-803 on 30 July,

2013.
31.

On 13 August, 2013, the Montgomery County States Attorneys Office

thought so little of the allegations that they entered a nolle prosequi in the case and
requested that the charge be expunged without every communicating with Mr.
Hoge. On 15 August, 2013, the Judge Wolfe of the District Court expunged the
charge. Both actions were taken without Mr. Hoges knowledge or agreement.

13

Mr. Hoge was charged with a course of conduct that supposedly began in
January, 2012. While Mr. Hoge would have had a general recollection of that
federal prisoner who lied about being Dan Quayles dope dealer, Brett Kimberlin
was not on Mr. Hoges radar until after late May, 2012. He did not write about
Kimberlin until the week of 25 May, 2012.
13

32.

Brett Kimberlin instituted the harassment charge against Mr. Hoge,

and it was resolved in Mr. Hoges favor. Given that theCommissioners finding of
probable cause was based on Kimberlins false statements, there was no true
probable cause. If Kimberlin had told the truth, no charge would have been issued.
As for malice, it may be inferred from a lack of probable cause. Thus, by pursuing
the false harassment charge, Kimberlin engaged in the tort of malicious prosecution
against Mr. Hoge.
33.

Mr. Hoge incurred expenses in the investigation of the charge filed

against him and in preparation for a possible defense against the charge. These
expenses included, but were not limited to, costs associated with seeking legal
advice, the cost of round trips from Carroll County to Rockville, Maryland, to
retrieve copies of court documents, as well as incidental expenses such a copying
charges. Thus, Mr. Hoge suffered actual damages.

COUNT IIACTS RELATED TO DEFAMATION BY BREITBART UNMASKED ON

4 MARCH, 2015
34.

Mr. Hoge re-alleges the contents of paragraphs 1 through 33.

35.

On or about 4 March, 2015, Breitbart Unmasked published an article

with Matt Osbornes byline titled William Hoge Stalking A Teenager For His
Conspiracy Theory. 14 That article states that the teenager Mr. Hoge allegedly

14

Osborne, Matt, William Hoge Stalking A Teenager For His Conspiracy Theory,
http://www.breitbartunmasked.com/2015/03/04/william-hoge-stalking-a-teenagerfor-his-conspiracy-theory/, viewed 27 Feb., 2016.
14

stalked was the elder daughter of Tetyana Kimberlin (K. Kimberlin, a minor
child). The article falsely states:
William Hoge of Maryland indicated that he still pays entirely too
much attention to [K. Kimberlin], the teenage daughter of his chief
obsession. Its hard to overstate this: Walker, Hoge, and their
felonious friends ruined a teenage girls public debut in the worst
way imaginable.
The allegation that Mr. Hoge stalked K. Kimberlin is false.15 The claim that Mr.
Hoge has ruined her career is false.
36.

The 4 March article falsely states that Mr. Hoge suborned perjury.

Remember, this is the girl whose family, personal life, and budding
music career were destroyed when Hoge and his sociopathic friends
colluded to suborn perjury from her mother.
Id. On information and belief, the sole source for this false allegation is Brett
Kimberlin, a convicted perjurer who this Court has prevented from offering
testimony pursuant to Md. Cts. & Jud. P. 9-104. Kimberlin has a history of
making false allegations against his perceived enemies and of losing in court
because he cannot prove his claims. He has been caught filing altered exhibits with
court papers in the Circuit Court for Montgomery County and the U. S. District

15

On 6 March, 2013, a peace order petition was filed against Mr. Hoge by Brett
Kimberlin on behalf of K. Kimberlin alleging that Mr. Hoge had stalked and
harassed her. (Case No. 0601SP012712015) During the ex parte hearing for the
temporary peace order, that order was granted only on the basis of harassment but
not stalking. Stalking by Mr. Hoge could not be demonstrated to a reasonable
possibility standard. At the hearing for the final peace order on 13 March, 2013, the
petition was denied because the petitioner could not meet the burden of proof for
harassment.
15

Court for the District of Maryland.16 Reliance on Brett Kimberlin as an

unsubstantiated source by Osborne and Breitbart Unmasked clearly demonstrates a
reckless disregard for the truth.
37.

The 4 March article further states that Mr. Hoge published on his

website Hogewash! an Application for Statement of Charges filed by Tetyana

Kimberlin that accused Brett Kimberlin of operating a bomb factory and sinister
version of Christian Greys playroom.17
His [Aaron Walkers] fevered fiction imagined the basement level
she shared with Mr. Kimberlin was secretly also (1) a terrorist
bomb factory, and (2) a sinister version of Christian Greys
playroom, complete with pictures of past victims framed on the
wall. The perjury was unsupportable, for key facts and
documentation absolutely contradict Walkers sordid narrative. Mr.
Kimberlin succeeded in having these ludicrous accusations sealed,
but not before Mr. Hoge ran to the courthouse and made a copy of
the sickening document so that he and his friends could all publish
it in their blogs.
Id. This is a false characterization of Mr. Hoges writings concerning Mrs.
Kimberlins Application II. Both the Application for Statement of Charges
(Application II) referred to in the article and all of Mr. Hoges writings concerning
it were and still are available online. There is nothing in Mrs. Kimberlins

16

See, e.g., Kimberlin v. Kimberlin Unmasked, Case No. 13-CV-02580, (D.Md. 2015),
ECF No. 19 and Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059
(D. Md. 2015) ECF No. 124. Both filings include of extracts of an 9 April, 2014,
hearing before Judge Ryon in Montgomery County concerning an altered Certified
Mail green card. ECF No. 19 deals with a similarly altered card in a federal
lawsuit. ECF No. 124 primarily deals with a forged summons.
17

Fifty Shades of Grey is the title of a popular novel dealing with sadism/
masochism. Christian Grey is the title character.
16

Application II about bombs or Fifty-Shades-of-Grey-like sexual behavior.

Furthermore, there is nothing about either subject in any of Mr. Hoges writings
about Application II. The article misrepresents the contents of both the Application
and Mr. Hoges writings.
38.

The false statements made by Osborne in the 4 March, 2015, article

add up to allegations that Mr. Hoge committed crimes, i.e., stalking and
subornation of perjury, and Osborne knew the statements concerning Mr. Hoge
were false or he acted with reckless disregard for the truth in publishing them.
Thus, Osborne and Breitbart Unmasked, together with Almighty Media, Acme, and
John Does 3 and 4 (who aided and abetted the publication), are at fault.

COUNT IIIACTS RELATED TO A DEFAMATORY EMAIL OF 4 MARCH, 2015

39.

Mr. Hoge re-alleges the contents of paragraphs 1 through 38.

40. On 4 March, 2015, John Doe 1 (writing as Mark Cammerling) sent the
following email:
From: Mark MRLND <marknmaryland@gmail.com>
Date: Wed, Mar 4, 2015 at 4:32 PM
Subject: Carroll County Chair Connie Hoges husband is litigious
and unstable. Now obsessed with teenager.
To: info@marylandforestryboards.org,
[redacted].davis@maryland.gov, HoCoForestryBoard@gmail.com,
[redacted]@pepco.com, [redacted].lewis1@maryland.gov,
[redacted].eierdam@maryland.gov
Once again, another story has come out about husband of Connie
Hoge, Goddard employee WJJ Hoge. This story is regarding his
obsession with a teenaged girl.

17

It is only a matter of time before his litigious obsessions are turned

on peers or supervisors or those of his wife.
http://www.breitbartunmasked.com/2015/03/04/william-hogestalking-a-teenager-for-his-conspiracy-theory/
Regards,
Mark Cammerling
PS: Below is an article regarding Mr. Hoges other questionable
activities:
Background info on Hoges abuse of domestic abuse laws:
http://crooksandliars.com/2024/04/how-marylands-domestic-violence
laws
Email forwarded from recipient [redacted]@maryland.gov. On its face, this email
accuses Mr. Hoge of with being obsessed with a teenage girl, and it refers the
addressees to the defamatory 4 March article. The addressees are associates of Mr.
Hoges wife (Connie Hoge) in her volunteer work with the Carroll County Forest
Conservancy Board and the Maryland Association of Forest Conservancy Board
Districts. On information and belief, Mark Cammerling has sent at least one
similar email addressed to the Director of Goddard Space Flight Center (where Mr.
Hoge then worked as an engineering contractor) and to the Administrator of the
National Aeronautics and Space Administration at NASA Headquarters.
41.

The facts demonstrate that John Doe 1s statements in the 4 March,

2015, email were false, that he knew they were false or that he acted with a reckless
disregard for the truth. Thus, he acted with actual malice, and he is at fault. See
footnote 15 above. Moreover, the email tended to expose Mr. Hoge to scorn, hatred,
contempt, or ridicule, thereby discouraging others in the community from having a
18

good opinion of him or from associating or dealing with him. Additionally, the email
implied that Mr. Hoge was unstable and unfit and incompetent to perform his
professional duties and caused disruption in his community and workplace
relationships.

COUNT IVADDITIONAL DEFAMATION RELATED TO THE 4 MARCH, 2015,

BREITBART UNMASKED ARTICLE
42.

Mr. Hoge re-alleges the contents of paragraphs 1 through 41.

43.

In a comment to the 4 March article Bill Schmalfeldt wrote, Matt,

that was an appropriately brutal and true depiction of events. William Hoge
Stalking A Teenager For His Conspiracy Theory, Comments. This comment
endorses the contents of the article as truthful and is, in essence, a restatement of
the defamatory remarks contained in the 4March, 2015, article.
44.

Schmalfeldts endorsement of the false statements made by Osborne in

the 4 March, 2015, article amounts to an allegation that Mr. Hoge committed
crimes, i.e., stalking and subornation of perjury. It implies that he has independent
and undisclosed knowledge of facts not in the article. The facts demonstrate that
the statements in the article were false, that Schmalfeldt knew they were false or
that he acted with a reckless disregard for the truth, and that by endorsing them
Schmalfeldt acted with malice. Thus, Schmalfeldt, Osborne, and Breitbart
Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided

19

and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted
with bad faith in publishing Schmalfeldts comment to third parties.

COUNT VADDITIONAL DEFAMATION RELATED TO THE 4 MARCH, 2015,

BREITBART UNMASKED ARTICLE
45.

Mr. Hoge re-alleges the contents of paragraphs 1 through 44.

46.

In a comment to the 4 March article John Doe 2 (writing as

Westminster Winds) wrote:

John will be arrested, maybe not at the hearing, but shortly
thereafter. He will be charged with violating Graces law. John
will lose his guns. John will lose his blog. John will lose the peanut
gallery which egged him on to commit this horrendous crime
against an innocent girl. John will lose his ability to engage in
harassing anyone ever again.
Id. This comment falsely states that Mr. Hoge committed the horrendous crime
against an innocent girl alleged in the article. (Note: Mr. Hoge is known to his
friends as John, his first middle name.)
47.

John Doe 2s false statement made in his comment to the 4 March,

2015, article is an allegation that Mr. Hoge committed at least one crime, i.e.,
stalking. The facts demonstrate that the allegations of committing a horrendous
crime and engaging in harassment were false, that John Doe 2 knew they were
false or that he acted with a reckless disregard for the truth, and that by making
them John Doe 2 acted with malice. Thus, John Doe 2, Osborne, and Breitbart
Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided

20

and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted
with bad faith in publishing John Doe 2s comment to third parties.

COUNT VIACTS RELATED TO A DEFAMATORY EMAIL OF 9 MARCH, 2015

48.

Mr. Hoge re-alleges the contents of paragraphs 1 through 47.

49.

Brett Kimberlin has filed multiple civil actions against Mr. Hoge,

including a recent suit filed in the U. S. District Court for the District of Maryland,
Southern Division.18 One of Mr. Hoges codefendants in that matter is the U. S.
Chamber of Commerce. On or about 9 March, 2015, as part of his pre-suit
negotiations with the Chamber of Commerce, Kimberlin sent an email containing
the following paragraph:
You may or may not know all the defendants. 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. Yes, its the same daughter mentioned by Aaron Barr after
he scraped her social media sites and disclosed what school she
was attending. And yes, she was bullied out of two schools after
that. I am also attaching a copy of that PO.
Kimberlin v. Hunton & Williams LLC, et al., Case No. 15-CV-00723-GJH, (D.Md.
2015), ECF No. 71, Ex. 1. This explicitly states that Mr. Hoge has engaged in the
crimes of stalking and harassment. That is false. See footnote 15 above. Moreover,
given the denial of stalking as a basis for the temporary Peace Order, Kimberlin

18

Kimberlin v. Hunton & Williams LLP, et al., Case No. 15-CV-00723-GJH (D.Md.
2015).
21

clearly knew that the District Court did not find that Mr. Hoge had engaged in
stalking.
50.

The false statement made by Kimberlin in the 9 March, 2013, email to

the Chamber of Commerce is an allegation that Mr. Hoge committed crimes, i.e.,
stalking and harassment. The facts demonstrate that Kimberlins statement in the
email to the Chamber of Commerce was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that he acted with malice. Thus,
he is at fault.

COUNT VIIACTS RELATED TO DEFAMATION BY BREITBART UNMASKED ON

9 MARCH, 2015
51.

Mr. Hoge re-alleges the contents of paragraphs 1 through 50.

52.

On or about 9 March, 2015, Breitbart Unmasked published an article

with Matt Osbornes byline titled William Hoge, Adjudicated Stalker? Peace Order
Hearing This Friday.19 The opening sentence is the following false statement: A
Maryland judge may finally put an end to W.J.J. Hoges habitual stalking of the
Kimberlin family this Friday.
53.

The false statement made by Osborne in the 9 March, 2015, article is

an allegation that Mr. Hoge committed a crime, i.e., stalking. The facts
demonstrate that Osborne made a defamatory statement to third parties by

19

Osborne, Matt, William Hoge, Adjudicated Stalker? Peace Order Hearing This
Friday, http://www.breitbartunmasked.com/2015/03/09/william-hoge-adjudicatedstalker-peace-order-hearing-this-friday/, viewed 27 Feb., 2016.
22

publishing the article on the Internet on Breitbart Unmasked. The facts

demonstrate that the statement was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that the Osborne and Breitbart
Unmasked acted with malice, and, thus, those Defendants, together with Almighty
Media, Acme, and John Does 3 and 4 (who aided and abetted the publication), are at
fault.

COUNT VIIIACTS RELATED TO DEFAMATION BY BREITBART UNMASKED

ON 13 MARCH, 2015
54.

Mr. Hoge re-alleges the contents of paragraphs 1 through 53.

55.

On or about 13 March, 2015, Breitbart Unmasked published an article

with Matt Osbornes byline titled Judge Calls Out Hoge For Perjury; Case Goes To
Circuit Court.20 In reporting on the final hearing held that day for a Peace Order
sought against Mr. Hoge by Brett Kimberlin on behalf of K. Kimberlin, Osborne
wrote:
Judge Zuberi B. Williams also found that Hoge had perjured
himself during the hearing when he denied leaving comments
under an August, 2013 article about [K. Kimberlin]s budding
music career only to have proof of his actions presented to the
court. You just lied under oath, Williams reportedly said to Hoge
on the witness stand before turning to his attorney, Patrick
Ostronic. How am I supposed to find your client credible?

20

Osborne, Matt, Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court,
http://www.breitbartunmasked.com/2015/03/13/judge-calls-out-hoge-for-perjurycase-goes-to-circuit-court/, viewed 27 Feb., 2016.
23

In fact, Judge Williams made no such finding, and he did not tell Mr. Hoge that he
had lied under oath. Osborne was not present at the hearing. Because the article
was published the same day as the trial, neither a transcript nor a court audio CD
were available at the time the article was published. On information and belief,
Osbornes source of information concerning the hearing was Brett Kimberlin.
56.

The allegedly perjured statement by Mr. Hoge was his failure to

authenticate as his own a Twitter message (tweet) which stated that its author
had commented on a particular article published at gazette.com together with Mr.
Hoges denial of having made such a comment at gazette.com. The purported tweet
was offered as evidence during the 13 March hearing by convicted forger Brett
Kimberlin. It was, in fact, an altered version of a tweet authored by a third party
named Lee Stranahan. Given that Osborne, writing under the pseudonym
Xenophon, had included a copy of that tweet properly attributed to Mr. Stranahan
in a 29 August, 2013, Breitbart Unmasked article on a related topic,21 he knew or
should have known that the basis of the perjury allegation was false.
57.

On 14 March, 2015, Mr. Hoge published an article on his website

Hogewash! detailing how Brett Kimberlin obtained the altered tweet offered in
evidence during the 13 March hearing. Breitbart Unmasked subsequently
published an Update to the 13 March article standing by the accuracy of the 13

21

Xenophon, Lee Stranahan and Aaron Walker Smear a Teenagers Family and Try
to Snuff Out Her Career, http://www.breitbartunmasked.com/latest-news/leestranahan-and-aaron-walker-smear-a-teenagers-family-and-try-to-snuff-out-hercareer/index.html/, viewed 18 Sept., 2013.
24

March article and refusing to make a correction to the misrepresentation of Judge

Williams findings. The Update was written by William Ferguson.
58.

The false statements made by Osborne in the 13 March, 2015, article

and Ferguson in the Update add up to allegations that Mr. Hoge committed a crime,
i.e., perjury. The facts demonstrate that Osborne made defamatory statements to
third parties by publishing the 13 March article on the Internet on Breitbart
Unmasked. The facts also demonstrate that the Update written by William
Ferguson and published to third parties on the website was defamatory. The facts
demonstrate that the statements in both the article and the Update were false, that
Osborne and Ferguson knew they were false or that they acted with a reckless
disregard for the truth. Thus, Osborne, Ferguson, and Breitbart Unmasked acted
with malice, and those Defendants, together with Almighty Media, Acme, and John
Does 3 and 4 (who aided and abetted the publication), are at fault.
COUNT IXACTS RELATING TO DEFAMATORY STATEMENTS MADE TO TWITTER
59.

Mr. Hoge re-alleges the contents of paragraphs 1 through 58.

60.

On 27 April, 2015, Mr. Hoges @wjjhoge Twitter account was

suspended for allegedly engaging in targeted abuse. The suspension was the
result of one or more false complaints by Brett Kimberlin alleging that Mr. Hoge
had engaged in cyberstalking and harassment of K. Kimberlin. During a de novo
appeal trial on 14 May, 2015, for the Peace Order petition denied on 13 March,
2015, K. Kimberlin proffered an email to Brett Kimberlin from Twitter concerning
his complaint against Mr. Hoge. Upon investigation, Twitter found Kimberlins
25

allegation(s) of targeted abuse to be false, and it was in fact false. On 8 July, 2015,
Twitter restored the account and apologized to Mr. Hoge for suspending it.
61.

Mr. Hoges @wjjhoge Twitter account was used to promote his blog

Hogewash! and other business activities. Loss of that account and the relationships
built up with other Twitter users who had followed his account over the previous
three years had an adverse and continuing financial impact on revenue generated
by Mr. Hoges blog. That loss resulted from the false statements about Mr. Hoge
made to Twitter by Brett Kimberlin. While the @wjjhoge account was suspended,
Mr. Hoge had to expend time and money (for example, paid advertising for the new
account) rebuilding a following with the second Twitter account.
62.

That second Twitter account (@hogewash) was suspended, again, for

allegedly engaging in targeted abuse. A third Twitter account (@wjj_hoge) was

similarly suspended. Those suspensions were the result of false complaints to
Twitter from Brett Kimberlin alleging targeted abuse. Kimberlin knew his
complaints were false or he acted with a reckless disregard for the truththus,
demonstrating malice. Mr. Hoges ability to promote his blog via Twitter was
severely impaired, and time and money have been and are being expended to repair
the damage. Moreover, those account are still suspended, and Mr. Hoge has lost the
use of them. Thus, Mr. Hoge has suffered actual damages.

COUNT XACTS RELATED TO DEFAMATION BY BREITBART UNMASKED ON

18 MAY, 2015

26

63.

Mr. Hoge re-alleges the contents of paragraphs 1 through 62.

64.

On 18 May, 2015, Breitbart Unmasked published an article with Matt

Osbornes byline entitled Vindictive: Hoge, Walker Running Out Of Ways To Harass
Families. 22 The article falsely accuses Mr. Hoge of the crimes of subornation of
perjury and harassment. The complainant is Tetyana Kimberlin, the very woman
from whom Hoge and Walker attempted to suborn perjury against her husband in
2013. This is a rehashing of the false allegation described in paragraphs 36 and 37
above. On information and belief, Tetyana Kimberlin has never recanted the
allegations made in her Application for Statement of Charges filed against Brett
Kimberlin (Application II).
65.

The false statement made by Osborne in the 18 May, 2015, article is an

allegation that Mr. Hoge committed a crime, i.e., subornation of perjury. The facts
demonstrate that Osborne made a defamatory statement to third parties by
publishing the article on the Internet on Breitbart Unmasked. The facts
demonstrate that the statement was false, that he knew it was false or that he
acted with a reckless disregard for the truth, and that the Osborne and Breitbart
Unmasked acted with malice. Thus, those Defendants, together with Almighty
Media, Acme, and John Does 3 and 4 (who aided and abetted the publication), are at
fault.

22

Osborne, Matt, Vindictive: Hoge, Walker Running Out Of Ways To Harass

Families, http://www.breitbartunmasked.com/2015/05/18/vindictive-hoge-walkerrunning-out-of-ways-to-harass-families/, viewed 27 Feb., 2016.
27

COUNT XIACTS RELATED TO THE MALICIOUS PROSECUTION OF 18 MAY, 2015

66.

Mr. Hoge re-alleges the contents of paragraphs 1 through 65.

67.

Brett Kimberlin appealed the District Courts denial of the Peace

Order he sought on the behalf of K. Kimberlin.23 A de novo trial was held in the
Circuit Court for Montgomery County on 14 May, 2015. During that trial, Brett
Kimberlin was not permitted to testify pursuant to Md. Cts. & Jud. P. 9-104.
Also, because he his not a lawyer, he was not allowed to represent his daughter as
he had in the District Court on 13 March. The Circuit Court denied the Peace
Order petition because there was no statutory basis for relief, i.e., that court found
that Mr. Hoge had not engaged in harassment of K. Kimberlin.
68.

On 18 May, 2015, Tetyana Kimberlin filed an Application for

Statement of Charges (Application III) against Mr. Hoge, alleging that he had
engaged in electronic harassment of a minor (i.e., K. Kimberlin) in violation of Md.
Crim. L. 3-805(b)(2). On information and belief, Mrs. Kimberlin filed Application
III on behalf of Brett Kimberlin. Upon information and belief, Application III was
actually drafted by Brett Kimberlin. Although Application III did not properly
allege violation of the elements of 3-805(b)(2), a District Court Commissioner
issued a summons based solely on her false statements.24 On 24 June, 2015, the
Montgomery County States Attorney entered a nolle prosequi on the charge, stating

23

B. Kimberlin obo K. Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co.
2015).
24

State v. Hoge, Case No. 3D00333028 (Md. D.Ct. Mont. Co. 2015).
28

that there was insufficient evidence to go forward with the case.

69.

Copies of the Application for Statement of Charges for Case No.

3D00333028 are attached as Exhibits A and B. Except for the redaction of K.

Kimberlins first name, Exhibit A is an unaltered copy. In Exhibit B strike-through
lines have been applied to the Kimberlins false statements.
70.

Tetyana Kimberlin instituted the online harassment charge against

Mr. Hoge, and it was resolved in Mr. Hoges favor. Because Application III relied on
her false statements, there could be no proper finding of probable cause by the
District Court Commissioner who issued the charge. As for malice, that may be
inferred from the lack of probable cause. Thus, by pursuing the false online
harassment charge, the Kimberlins engaged in the tort of malicious prosecution
against Mr. Hoge.
71

Mr. Hoge incurred expenses in the investigation of the charge filed

against him and in preparation for a possible defense against the charge. These
expenses included, but were not limited to, the cost of round trips from Carroll
County to Rockville, Maryland, to retrieve copies of court documents and to meet
with counsel, as well as incidental expenses such a copying charges. Thus, he
suffered actual damages.

COUNT XIIACTS RELATED TO BREACH OF CONTRACT

72.

Mr. Hoge re-alleges the contents of paragraphs 1 through 71.

73.

On 27 May, 2014, Mr. Hoge sued Defendant Schmalfeldt for copyright

29

infringement.25 On 14 August, 2014, the case was settled via ADR. The terms of
the settlement required that neither party would publish any of the others works
without prior written permission unless the work had been published under terms
of service allowing republication. No exception is allowed for Fair Use. The
Settlement Agreement is a contract enforceable under the Laws of the State of
Maryland.
74.

In at least eleven instances since October, 2015, Schmalfeldt has

republished without permission material written by Mr. Hoge and originally

published on Hogewash!, Mr. Hoges website. Each instance was a violation of the
Settlement Agreement.
75.

On or about 23 October, 2015, Schmalfeldt self-published a book via

Amazons CreateSpace service titled Confessions of an Undercover Internet Troll

under the pseudonym Anonymous. Material used without permission on pp. 8
and 9 infringed the Hogewash! blog post More Lawfare Threats From Team
Kimberlin published by Mr. Hoge on 3 September, 2012. (http://hogewash.com/
2012/09/03/more-lawfare-threats-from-team-kimberlin/)
76.

On or about 24 December, 2015, Schmalfeldt published an article on

his blog Deep Brain Radio titled Goodness. Someone Thinks HES All That! (http://
deepbrainradio.com/2015/12/goodness-someone-thinks-hes-all-that/) which
contained material taken without permission from the Hogewash! blog post Bonus
Legal LULZ Du Jour published Mr. Hoge on that same date. (http://hogewash.com/
25

Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELJ (D.Md. 2014).

30

2015/12/24/bonus-legal-lulz-du-jour-2/)
77.

On or about 26 December, 2015, Schmalfeldt published an article on

his blog Deep Brain Radio titled Repition Is An Advanced Indicator Of Senility
(http://deepbrainradio.com/2015/12/repetition-is-an-advanced-indicator-ofsenitlity/)which contained material taken without permission from the Hogewash!
blog post Legal LULZ Du Jour published Mr. Hoge on that same date. (http://
hogewash.com/2015/12/26/legal-lulz-du-jour-5/)
78.

On or about 2 January, 2016, Schmalfeldt published a Twitter message

(tweet) (http://twitter.com/FrendoDaPeeples/status/683318302790316033) which

contained material taken without permission from the Hogewash! blog post Android
Logins published Mr. Hoge on that same date. (http://hogewash.com/2016/01/02/
android-logins/)
79.

On or about 15 January, 2016, Schmalfeld published an article on his

blog The Pontificator titled Is WJJ Hoge Just A Blogger? Or Cult Leader? (http://
thepontificator.com/2016/01/15/is-wjj-hoge-iii-just-a-blogger-or-cult-leader/) which
contained material taken without permission from the Hogewash! blog post An
Email published by Mr. Hoge on that same date. (http://hogewash.com/2016/01/15/
an-email/)
80.

On or about 16 January, 2016, Schmalfeldt published a tweet (http://

twitter.com/YouGetNoQuarter/status/688421801077125120) which contained

material taken without permission from the Hogewash! blog post Legal LULZ Du
Jour published Mr. Hoge on that same date. (http://hogewash.com/2016/01/16/legal31

lulz-du-jour-9/)
81.

On or about 19 January, 2016, Schmalfeld published an article on his

blog The Pontificator titled The Grand Hoge ITSELF Lifts Its Filthy Face From The
Trough To Boast About My Not Having Won A Case That Isnt Even Ready To
Proceed (http://thepontificator.com/2016/01/19/the-grand-hoge-itself-lifts-its-filthyface-from-the-trough-to-boast-about-my-not-having-won-a-case-that-isnt-evenready-to-proceed/) which contained material taken without permission from the
Hogewash! blog post Team Kimberlin Post of the Day published by Mr. Hoge on that
same date. (http://hogewash.com/2016/01/19/team-kimberlin-post-of-the-day-1045/)
82.

On or about 12 February, 2016, Schmalfeldt published a tweet (http://

twitter.com/hotcheeseshot/status/698182149300711424) which contained material

taken without permission from the Hogewash! blog post Team Kimberlin Post of the
Day published Mr. Hoge on that same date. (http://hogewash.com/2016/02/12/teamkimberlin-post-of-the-day-1069/)
83.

On or about 15 February, 2016, Schmalfeld published an article on his

blog The Pontificator titled Which of the Audio Comedy Bits Turned Hoggy On the
Most? (http://thepontificator.com/2016/02/15/which-of-the-audio-comedy-bits-turnedhoggy-on-the most/) which contained material taken without permission from the
Hogewash! blog post Bonus legal LULZ Du Jour published Mr. Hoge on that same
date. (http://hogewash.com/2016/02/15/bonus-legal-lulz-du-jour-3/)
84.

On or about 23 February, 2016, Schmalfeldt published a tweet (http://

twitter.com/hotcheeseshot/status/702304128853262227) which contained material

32

taken without permission from the Hogewash! blog post Logins published Mr. Hoge
on that same date. (http://hogewash.com/2016/02/23/logins-47/)
85.

On or about 28 February, 2016, Schmalfeldt published a tweet (http://

twitter.com/hotcheeseshot/status/703982169715286017) which contained material

taken without permission from the Hogewash! blog post Team Kimberlin Post of the
Day published Mr. Hoge on that same date. (http://hogewash.com/2016/02/28/teamkimberlin-post-of-the-day-1085/)
86.

In addition to breaching the Settlement Agreement, Schmalfeldts

unauthorized reproduction of Mr. Hoges works violated his copyrights to them.

Thus, Mr. Hoge suffered damages in the loss of control of his copyrighted works.
Given that an application for registration is in process with each of the infringed
works and given that the infringement was willful, damages in an amount
equivalent to the statutory damages available under 17 U.S.C. 504(c) should be
awarded.

PUNITIVE DAMAGES ARE JUSTIFIED IN THE INSTANT LAWSUIT

87.

Mr. Hoge is but one of many victims of Brett Kimberlins ongoing

campaign of harassment, defamation, and lawfare aimed at silencing his critics.

Given the likelihood that Kimberlin and his associates will continue their attempts
at brass knuckles reputation management until it becomes too costly for them,
punitive damages are justified in the instant lawsuit.

33

PRAYER FOR RELIEF

WHEREFORE, Mr. Hoge asks the Court to find that all Defendants except
Tetyana Kimberlin defamed him, that Defendants Brett Kimberlin and Tetyana
Kimberlin engaged in malicious prosecution against him, and that Defendant
William Schmalfeldt engaged in breach of contract against him and to ORDER the
following:
i.)

An award of damages in an amount in excess of $75,000 against

Defendant Brett Kimberlin and in favor of Mr. Hoge for one count of malicious
prosecution;
ii.)

An award of damages in an amount in excess of $75,000 against

Defendants Brett Kimberlin and Tetyana Kimberlin, jointly and severally, and in
favor of Mr. Hoge for one count of malicious prosecution;
iii.)

An award of damages in the amount in excess of $75,000 against

Defendant Schmalfeldt for breach of contract;

iv.)

Separate awards of damages, each in an amount excess of $75,000,

against all the Defendants except Tetyana Kimberlin, jointly and severally, and in
favor of Mr. Hoge for each of nine counts of defamation;
v.)

That a retraction and apology for the defamatory articles SHALL be

prominently published for a period of one year on the Home page Breitbart
Unmasked and at the top of the William Hoge Stalking A Teenager For His
Conspiracy Theory; William Hoge, Adjudicated Stalker? Peace Order Hearing This
Friday; Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court; and
34

Vindictive: Hoge, Walker Running Out Of Ways To Harass Families articles as long
as they remain posted on the Internet;
vi.)

That Defendant Schmalfeldt be ENJOINED from any further use or

republication of any of Mr. Hoges works;

vii.)

That Defendants Brett and Tetyana Kimberlin be ENJOINED from

filing any further false Applications for Statement of Charges against Mr. Hoge;
and
viii.) Such other relief as the Court may deem just and proper.

Date: 2 March, 2016

Respectfully submitted,

William John Joseph Hoge, pro se

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

35

Exhibit A
Application for Statement of Charges, State v. Hoge, Case No. 3D00333028
(Md. D.Ct. Mont. Co. 2015). Minor childs first name redacted.

Exhibit B
Application for Statement of Charges, State v. Hoge, Case No. 3D00333028
(Md. D.Ct. Mont. Co. 2015). False statements striken.

Exhibit C
Settlement Agreement from Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELJ
(D.Md. 2014).

SETTLEMENT AGREEMENT
Dated: August l4r20l4
This Settlement Agreement ("Agreement") is made and entered into this 14th day of
August, 2014by and between Plaintiff William John Joseph Hoge ("Hoge") and Defendant
William M. Schmalfeldt ("Schmalfeldt") (Hoge and Schmalfeldt are collectively referred to
herein as the "Parties") in the case of Hoge v. Schmalfeldt, Civil No. ELH-14-1683, in the United
States District Court for the District of Maryland ("the case"). The purpose of this Agreement is
to fully settle any and all claims, counterclaims, cross-claims and third-party claims raised in the
case; to document the Parties' agreement to certain conditions; and to allow the Parties to move
for the enforcement of the Agreement.
The Parties agree as follows:

1. Hoge agrees to dismiss all of his claims against Schmalfeldt in this case with
prejudice. Schmalfeldt agrees to dismiss all of his counterclaims and amended counterclaims
against Hoge and all of his counterclaims and amended counterclaims against "Paul Krendler"
(Anonymous Blogger) with prejudice.
2.

In order to facilitate the dismissal of the Parties' claims and counterclaims, the
Parties agree that the Court will enter an Order pursuant to Local Rule 111 dismissing all claims,
counterclaims, cross-claims and third-party claims.

3.

The entry of the Local Rule 111 Order will be without prejudice to the right of the
Parties to move for good cause within 30 days to reopen the case if settlement is not
consummated. If neither of the Parties move to reopen, the dismissal shall be with prejudice.

4. The Panies agree that they will not post or re-publish any work or article written
by the other without receiving written permission, in advance, from the other party, unless the
terms of service permit republication without permission.
5. The Defendant agrees to remove any and all remaining alleged infringement
materials as to Hoge and Hogewash.
6. In the event that either of the Parties breach this Agreement, this Agreement does
not restrict the rights of the non-breaching party to take the appropriate legal actions in the
appropriate legal forum to seek relief for the breach of contract.
7.

The Parties will each bear their own costs, if any.

8. Should any provision of this Agreement be determined by a court of competent

jurisdiction to be void or unenforceable, the remaining provisions shall remain valid and
enforceable unless agreed to by both of the Parties.
g. This Agreement shall be deemed executed in the State of Maryland and will be
governed by the laws of the State of Maryland, except to the extent that other federal law may
Page

I of2

apply. This Agreement sets fonh the entire agreement of the Parties. This Agreement may not be
changed orally, but may be changed only by a writing signed by both of the Parties.

10.

This Agreement represents a fully negotiated agreement. The Parties have both
been afforded the opportunity, which each has exercised, to review the terms of the Agreement.

By:

out"a,

frn ff, Zoll

By:

William M. Schmalfeldt

Page2 ofZ