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 MOTION TO STRIKE IMPROPERLY SIGNED COURT PAPERS

COMES NOW William John Joseph Hoge and moves this Court strike all
improperly signed pleadings and papers from the docket of the above captioned
matter. In support of his motion Mr. Hoge states as follows:
A SUBSTANTIAL NUMBER OF PLEADINGS AND PAPERS FILED IN THE INSTANT
LAWSUIT HAVE NOT BEEN PROPERLY SIGNED BY EITHER AN ATTORNEY OR A
PRO SE PARTY
Rule 1-311 unambiguously requires that every pleading or paper must be
signed either by an attorney or, if it is filed by a pro se party, by the party himself.
It further requires that [e]very pleading or paper filed shall contain the signers
address, telephone number, facsimile number, if any, and e-mail address, if any[.]
The case docket lists fifteen pleadings and papers filed in the instant lawsuit
which do not comply with Rule 1-311:
Docket Item 1/1, Answer
Docket Item 1/2, Answer
Docket Item 44/0, Motion to Quash Subpoena and an Order to Stay Discovery
Docket Item 44/2, Response

Docket Item 46/0, Motion to Dismiss for Violation of Marylands Anti-Slapp

Statute or Motion to Stay Proceedings until Anti-Slapp Hearing is Conducted
Docket Item 46/2, Reply to Opposition
Docket Item 47/0, Motion to Find Serial Harasser and Sexual Predator
William Hoge a Vexatious Litigant
Docket Item 47/2, Reply to Opposition
Docket Item 48/1, Response
Docket Item 49/1, Defendant Brett Kimberlins Response to Plaintiffs
Emergency Motion to Strike
Docket Item 55/1, Response
Docket Item 58/0, Defendants Brett and Tetyana Kimberlins Motion to
Dismiss
Docket Item 58/2, Reply to plaintiffs opposition to their motion to dismiss
Docket Item 63/1, Response
Docket Item 66/1, Response to Motion to Compel Subpoena and Motions for
Default
The common denominator among all of these is that they were filed by
Defendant Brett Kimberlin, and he was joined in most of them by Tetyana
Kimberlin. Their failures to properly sign these filings were not random omissions.
The Kimberlins have failed to properly sign everything they have filed in this case.
Moreover, they have failed correct those deficiencies even though the problem has
been repeatedly pointed out to them by Mr. Hoge. The ongoing failure to provide an

address, telephone number, and email address1 is evidence of willful disobedience of

the Maryland Rules.
Rule 1-311 further states:
(c) Sanctions. If a pleading or paper is not signed as required
(except inadvertent omission to sign, if promptly corrected) or is
signed with intent to defeat the purpose of this Rule, it may be
stricken and the action may proceed as though the pleading or
paper had not been filed.
Its clear that the Kimberlins omissions are not inadvertent. It is also clear that
the deficiencies have not been promptly corrected. Rather, they have repeatedly
refused to honor their obligation to supply the court with [their] most recent
address Gruss v. Gruss, 123 Md.App. 311, 718 A.2d 622, 626-7 (1998), which should
have been stated in each of their pleadings or papers. Id. Thus, the Court should
strike their deficient pleadings and papers and allow the case to proceed as if they
had not been filed.
A favorable ruling on this motion at the beginning of the motions hearing
scheduled for 27 September would greatly simplify that hearing. Therefore, the
Court may wish to consider this motion before taking up any other at that hearing.

Brett Kimberlin admits to having a telephone number and an email account. A

copy of the cover sheet of one of his recent filings with the Court of Appeals for the
Fourth Circuit is attached as Exhibit A. Note that he lists his mailing address as
8100 Beech Tree Rd., Bethesda, MD 20817, the same address where the Deputy
Sheriff attempting service of process could not effect service. See Docket Item 19.
Kimberlins mandamus petition was filed over a month after he refused service at
the Beech Tree Road address. In Re Brett Kimberlin, Case No. 16-1670, Doc. No. 3
(4th Cir. June 14, 2016).
3

CONCLUSION
WHEREFORE, Mr. Hoge requests the Court to STRIKE Docket Items 1/1, 1/2,
44/0, 44/2, 46/0, 46/2, 47/0, 47/2, 48/1, 49/1, 55/1, 58/0, 58/2, 63/1, and 66/1 and to
GRANT

such other relief as the Court may find 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

Exhibit A
Cover sheet from In Re Brett Kimberlin, Case No. 16-1670, Doc. No. 3 (4th Cir. June
14, 2016).

Appeal: 16-1670

Doc: 3-1

Filed: 06/14/2016

Pg: 1 of 21

Total Pages:(1 of 48)