COMES NOW William John Joseph Hoge and moves the Court compel answers
Maryland Rule 2-432. In support of his motion Mr. Hoge states as follows:
MR. HOGE HAS MADE A GOOD FAITH EFFORT TO RESOLVE THIS DISCOVERY
DISPUTE WITH DEFENDANT TETYANA KIMBERLIN
delivered her answers to Mr. Hoges requests. Mrs. Kimberlin failed to answer
Interrogatories 1, 3, 5, and 6.
MR. HOGES INTERROGATORIES AND MRS. KIMBERLINS RESPONSES
As the Court can see below, several of Mrs. Kimberlins answers served on
5, and 6 are not directly responsive, and she as completely failed to answer
answers.
This interrogatory does not ask about expert witnesses, so the answer is not
interrogatory as well, that answer is defective because it fails to identify the subject
matter of testimony of each prospective witness, and it fails to provide the required
2
Answer: All documents to be used at trial were provided today in
the hundreds of pages provided in the production of documents.
Witnesses will be Aaron Walker, William Hoge, Audrey Creighton,
Judge Mason, me, my husband, my daughters, Bill Schmalfeldt,
Tae Kim, Assistant States Attorney Grote, and Carroll County
Circuit Judge Stansfield. This is an updated list.
the basis for the Application for Statement of Charges she filed against Mr. Hoge:
Answer: These are listed in the Peace Order and in the documents.
You have been harassing my daughter non stop for years. Your
sick, twisted sexual obsession with my daughter is shameful,
disgusting, abhorrent and frightening. Your suit against me is
more harassment of my daughter. I have told you to leave us alone
but you will not. We received al letter from your friend in
December detailing your perverted obsession with our daughter.
The peace order petition filed by Brett Kimberlin against Mr. Hoge in March, 2015,
does not contain any mention of any specific instance of alleged harassment. None
such alleged harassment. Indeed, none of the those documents mention any specific
1Mr. Hoge has filed a separate motion to compel related to the deficiencies in Brett
Kimberlins production of documents.
3
incident of such alleged harassment. If such a document exists and Mrs. Kimberlin
statement made by Mr. Hoge which might be a basis for the Application for
Answer: Same as # 5.
Again, neither the March, 2015, peace order petition nor the documents provided by
Brett Kimberlin identifies any writing or statement made by Mr. Hoge that would
form a basis for the Application for Statement of Charges Mrs. Kimberlin filed. If
case resulting from Mrs. Kimberlins May, 2015, Application for Statement of
4
Interrogatory 8 is not irrelevant. It seeks the identity of the person(s) who prepared
and signed a motion to prevent me from having access to the case record for the
criminal case at issue in Count XI of the Complaint. Neither the identity of the
person preparing a court paper nor the identity of the person actually signing it is
both Brett and Tetyana Kimberlin under oath. The information is not privileged
After reviewing the answers served on him by Mrs Kimberlin, Mr. Hoges
sent her a letter on 19 March, 2017, outlining the deficiencies in her answers and
asking her either to serve a corrected set of answers not later than 6:00 pm on
5
25March, 2017, or to contact Mr. Hoge to arrange for additional time to respond if
CONCLUSION
Per the Courts Scheduling Order, discovery in the instant lawsuit ends on 14
April, 2017, and dispositive motions are due on 28 April, 2017. Tetyana Kimberlins
13 February, 2017, and to grant such other relief as the Court may find just and
proper.
I certify that I have made a good faith effort to resolve this discovery dispute
with Tetyana Kimberlin. Specifically, I sent her a letter attempting to resolve the
dispute; that letter was mailed on 19 March, 2017. I received no response.
6
CERTIFICATE OF SERVICE
I certify that on the 27th day of March, 2017, 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.