William John Joseph Hoge,

Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND
Case No. 06-C-16-070789

PLAINTIFFS REPLY TO DEFENDANT BRETT KIMBERLINS RESPONSE TO

PLAINTIFFS MOTION TO COMPEL SUBPOENA TO GODADDY AND MOTIONS FOR
DEFAULT AGAINST ALMIGHTY MEDIA AND BREITBART UNMASKED
COMES NOW William John Joseph Hoge and replies to Defendant Brett
Kimberlins Response to Plaintiffs Motion to Compel Subpoena to GoDaddy and
Motions for Default Against Almighty Media and Breitbart Unmasked. In reply
Mr. Hoge states as follows:
DEFENDANT KIMBERLIN HAS FAILED TO STATE ANY REASON WHY COMPLIANCE
WITH THE SUBPOENA SHOULD NOT BE COMPELLED
In his Response (Docket Item 66/1) Defendant Kimberlin cites the arguments
in his Motion to Quash (Docket Item 44) as setting forth the reasons why the
subpoena to GoDaddy LLC is invalid. He attempts to rely on Independent
Newspapers v. Brodie, 966 A.2d 432 (Md. 2009) for support for his contention that
the subpoena should not have been issued. However, Brodie does not deal with the
issue before this Court. That case deals with uncovering the identity of anonymous
commenters to a website, and it would clearly be applicable to subpoenas directed at
identifying the anonymous Defendants: John Does 1 through 4 and Acme. Brett
Kimberlins identity is knownhe is not anonymous.

What is unknown to both Mr. Hoge and this Court is Brett Kimberlins
correct address. While we have a last known address for him, we do not know
where he currently may be found, and it is not improper to use a third-party
subpoena to seek to determine a correct mailing address for an adverse party.
Moreover, Defendant Kimberlin has been particularly uncooperative in
fulfilling his obligation to inform the Court of his correct address. First, he refused
to cooperate with the Deputy Sheriff attempting to serve the summons at his last
known address. [G]ood luck finding me. Affidavit, Docket Item 19, at 2. Second,
he has not provided an address, phone number, or email address with the signature
block (as required by Rule 1-311) on any paper he has filed with this Court in the
instant lawsuitincluding his Response opposing Mr. Hoges Motion to Compel.
The applicable case law notes that the signers address, telephone number, etc., are
integral and indispensable parts of any court paper. Smith-Myers Corporation v.
Sherrill, 209 Md.App. 494, 60 A.3d 90, 102 (2013). Defendant Kimberlin has not
cited any facts or law that entitles him to an exception.
Defendant Kimberlin also makes the specious argument that because he was
fortuitously found attending a hearing in another matter in another county and was
personally served with process and that since he has filed an answer[ ] and filed
dispositive motions, Mr. Hoge is nuttier than a fruitcake for seeking to find
Defendants address via a subpoena. In essence, the Defendant argues that because
it might be possible for him to be found again for personal service that this Court

should not be kept informed of his current address and that nothing should done to
determine it. His argument is nonsensical.
Because Defendant Kimberlin has offered no facts or law in support of
quashing the subpoena to GoDaddy LLC, his motion to quash should be denied.
DEFENDANT KIMBERLIN LACKS STANDING TO REPRESENT ALMIGHTY MEDIA OR
BREITBART UNMASKED
Almighty Media and Breitbart Unmasked are business entities and not
natural persons. They must be represented by an attorney. Rule 2-131(a). Brett
Kimberlin is not an attorney. He may not represent other Defendants before this
Court. Therefore, unless he is admitting that he is the sole proprietor of the two
business entities and that by suing them Mr. Hoge is actually suing him, he may
not represent them before this Court.
Defendant Kimberlin denies any association with Almighty Media stating
that he had never heard of that entity before the instant lawsuit was filed.
Response, 5. He also falsely states that the Complaint alleges that he is
somehow associated with it in some type of supervisory capacity. Id. The only
individual identified in the Complaint as having any such connection to Almighty
Media is John Doe 4. However, even if Defendant Kimberlin were to admit that he
is John Doe 4, he still would not be able represent that entity because he isnt
licensed to practice law.
If Almighty Media and/or Breitbart Unmasked wish to be represented, they
should retain the services of counsel admitted to practice law before this Court.

DEFENDANT KIMBERLIN HAS MISREPRESENTED THE FACTS CONCERNING

SERVICE OF PROCESS ON ALMIGHTY MEDIA AND BREITBART UNMASKED
Defendant Kimberlin falsely states that service of process has not been
effected on these two business entities. Response, 3. Both entities were served on
23 May, 2016, by Certified Mail, Return Receipt Requested, Restricted Delivery
pursuant to Rule 2-121(a).
Docket Items 51 and 52 are the Return of Service Affidavits for Almighty
Media and Breitbart Unmasked. They were filed with the signed Certified Mail
return receipts attached.
CONCLUSION
The use of a third-party subpoena seeking a correct mailing address for an
adverse party is clearly proper, and Defendant Kimberlin has failed to offer any
facts or law that show the subpoena to GoDaddy LLC seeking the billing address for
the brettkimberlin.org website is improper. Because Defendant Kimberlin is not
licensed to practice law, the Court should disregard his improper attempt to
represent Defendants Almighty Media and Breitbart Unmasked.
WHEREFORE, Mr. Hoge asks the Court to ORDER the immediate compliance by
GoDaddy LLC with the subpoena served on them in the instant lawsuit and to
GRANT

such other relief as the Court may deem just and proper.

Date: 15 August, 2016

Respectfully submitted,

William John Joseph Hoge, pro se

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

CERTIFICATE OF SERVICE
I certify that on the 15th day of August, 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 (last known address)
William Ferguson by First Class U. S. Mail to 10808 Schroeder Road, Live Oak,
California 95953 (last known address)
Brett Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817 (last known address)
Tetyana Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817 (last known address)
Almighty Media by First Class U. S. Mail to 20079 Stone Oak Parkway, San
Antonio, Texas 78258 (last known address)
Breitbart Unmasked by First Class U. S. Mail to 20079 Stone Oak Parkway, San
Antonio, Texas 78258 (last known address)

William John Joseph Hoge

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: 15 August, 2016
William John Joseph Hoge