IN THE CIRCUIT COURT OF

CARROLL COUNTY, MARYLAND

WILLIAM HOGE,
Plaintiff,
v.

No. C-16-70789

BRETT KIMBERLIN, et al.,

Defendants
DEFENDANT BRETT KIMBERLINS REPLY TO PLAINTIFFS
OPPOSITION TO HIS MOTION TO QUASH AND STAY DISCOVERY
Defendant Brett Kimberlin hereby replies to Plaintiffs opposition to
his Motion to Quash and Stay Discovery.
1.

Plaintiff argues that he needs the subpoenas to discover the addresses

of Defendants he has not served. This constitutes a gross violation of
Maryland law which requires a Plaintiff who wants to serve a defendant
that he does not know the name or address of to file a motion with the
Court requesting pre service discovery. Independent Newpapers v.
Brodie, 966 A.2d 432 (2009). Once that motion is filed, the Court is
required to employ a five part balancing test:
(1)require the plaintiff to undertake efforts to notify the
anonymous posters that they are the subject of a subpoena or
application for an order of disclosure, including posting a
message of notification of the identity discovery request on
the message board; (2) withhold action to afford the
anonymous posters a reasonable opportunity to file and serve
opposition to the application; (3) require the plaintiff to
identify and set forth the exact statements purportedly made
by each anonymous poster, alleged to constitute actionable
speech; (4) determine whether the complaint has set forth a
prima facie defamation per se or per quod action against the
anonymous posters; and (5), if all else is satisfied, balance the
anonymous poster's First Amendment right of free speech
against the strength of the prima facie case of defamation
presented by the plaintiff and the necessity for disclosure of

the anonymous defendant's identity, prior to ordering

disclosure.
2. In the instant case, Plaintiff is attempting to discover the names and/or
addresses of named Defendants that he says he does not know their
addresses. He is also using his subpoenas in the hope of discovering
information that he can use to identify his John Doe Defendants.
Therefore, he must make a showing that that he meets the five-part
Brodie test. Yet, Plaintiff has tried to do an end run around Brodie by
misleading the Clerk into issuing out of state subpoenas that the Clerk
has no jurisdiction to issue and this Court has no jurisdiction to enforce.
3. This Court should stay discovery because Plaintiffs suit is without
merit, filed in the wrong jurisdiction, in violation of Anti-Slapp, and
subject to summary dismissal.
4. Moreover, as noted in other pleadings, Plaintiff has filed close to 400
legal actions in Maryland against Defendant and his family and
associates, all of which were eventually dismissed. Most of those were
filed in Carroll County. The current suit will suffer the same fate so
there is no need to allow Plaintiff discovery to harass defendants.
5. Defendant has learned that Plaintiff has engaged in the criminal
corruption of officials in Carroll County as part of his stalking and
harassment campaign of Defendant and his associates. Plaintiff
indicated in several emails that former Republican States Attorney
Jerry Barnes and Republican Sheriff Ken Tregoning would issue arrest
and search warrants for Defendant and his associates based on
partisan political considerations and a pile of fabricated evidence

provided by Plaintiff. See attached. This clearly demonstrates that

Plaintiffs legal actions have been brought in bad faith to harm his
political enemies, including Defendant. Defendant has requested state
and federal criminal investigations of Plaintiffs corruption of officials.
In conclusion, this Court cannot allow itself to be part of Plaintiffs
charade to sue Defendants under the guise of legitimate torts when
this suit, like his hundreds of previous legal actions, is just more of his
same campaign of harassment, abuse of process, and stalking.
Clearly, in the interest of justice, the subpoenas should be quashed
and discovery stayed.
Respectfully submitted,
Brett Kimberlin
Certificate of Service
I certify that I mailed a copy of this motion on Plaintiff this 24th day
of May, 2016.
Brett Kimberlin

From:WJJHoge<>Mon,
Feb18,2013at6:43AM
To:PatrickFrey<patterico@gmail.com>
IveamassedapileofevidencewhichIwillbeturningover
totheCarrollCountySheriffsOfficetoday.Theevidence
pointstothefollowingcrimes:

BillSchmalfeldt
MakingtheSWATingthreatusingLonelyConservativesID
(UnauthorizedAccesstoaProtectedComputerSystem,3years
and/or$1,000)
AttemptingtopostacommentusingStacyMcCainsID
(UnauthorizedAccesstoaProtectedComputerSystem,3years
and/or$1,000)
MisuseofElectronicCommunication(atleast6countsat1
yearand/or$500each)
ConspiracytocauseRecklessEndangerment(5yearsand/or
$5,000)
ConspiracytomakeaFalseStatementRegardingaCrimeor
Hazard(6monthsand/or$500)
ConspiracytomakeaFalseAlarm(5yearsand/or$5,000)
NealRauhauser
ConspiracytocauseRecklessEndangerment(5yearsand/or
$5,000)
ConspiracytomakeaFalseStatementRegardingaCrimeor
Hazard(6monthsand/or$500)
ConspiracytomakeaFalseAlarm(5yearsand/or$5,000)
BrettKimberlin
MisuseofElectronicCommunication(atleast2countsat1
yearand/or$500each)
ConspiracytocauseRecklessEndangerment(5yearsand/or
$5,000)
ConspiracytomakeaFalseStatementRegardingaCrimeor
Hazard(6monthsand/or$500)
ConspiracytomakeaFalseAlarm(5yearsand/or$5,000)
Wellseehowmanyofthechargesstick.Thefirstthreeon
Schmalfeldtshouldbeairtightandshouldresultinasearch
warrantforhiscomputerandremoteservers.Ifjustoneof
theconspiracychargesgoesthrough,theSheriffshouldget
warrantstoseizeRauhausersandKimberlinscomputersand
serversaswellbeforetheycanhaveunfortunatehead
crashesontheirharddrives.
Theseareallstatechargesthatwouldbehandledbythe
CarrollCountyStatesAttorney.BTW,JerryBarnesisa
Republican.SoisKenTregoningourSheriff.
Ivegototherleadsonotherpossiblestatechargesthat
searchesofthecomputersmayconfirm.

ChargesFiled
WJJHoge
Mon,Feb18,2013at6:57PM
To:LeeStranahan,MandyNagy,RobertMcCain,PatrickFrey
<patterico@gmail.com>Mrs.B
CC:AaronWorthing
TheprocedurehereinCarrollCountyisabitdifferentfrom
HowardCounty.TheCommissionerisgoingtoconsultwiththe
StatesAttorneysOfficeonwhogetchargedwithwhat.That
willtakeafewdays.TheCommissionerclearlyunderstands
thatTeamKimberlinwilldestroyevidenceontheir
computers,etc.,givenanywarningandunderstandstheneed
toexecutesearchwarrantswithoutwarning.
Pleasekeepthisquietuntilthewarrantsareserved.
Pleasecalloremailmewithyourquestions.
JohnHoge
Cell(410)5962854