IN THE CIRCUIT COURT OF CARROLL COUNTY MARYLAND

) Case No. 06-C-16-070789

)
William John Joseph Hoge III, Plaintiff Pro Se
OPPOSITION

) REPLY TO PLAINTIFFS

V.

) TO DEFENDANTS MOTION TO

Brett Kimberlin, et al Defendants

) APPEAR BY TELEPHONE AT
) UPCOMING MOTIONS HEARING

NOW COMES Defendant William A. Ferguson of 10808 Schroeder Road, Live Oak, CA 95953,
a pro se defendant in the above-styled case for the sole purpose of challenging personal
jurisdiction and without waiving any rights of jurisdiction, notice, process, service of process,
joinder, or venue to file this Response to Plaintiffs Opposition to Defendants Motion to Appear
Telephonically at Upcoming Motions Hearing.
I. ALLOWING DEFENDANT TO APPEAR TELEPHONICALLY WOULD IN NO
WAY BE PREJUDICIAL TO PLAINTIFF
1. Ferguson has some difficulty wondering where exactly he should start with this. Hoge is
basically asking this court to render moot the pending motion Ferguson now has before
the Court arguing both jurisdiction and venue without actually ruling on it.
2. Hoge conspiratorially suggests that an audio-only link would not ensure that it is
Ferguson on the other end arguing his own motion. Ferguson cant quite understand what
Hoge is referring to as Fergusons demeanor and credibility that would require
Fergusons physical presence to help aid the Court in its ruling.
3. Hoge argues that Fergusons request to appear by telephone was made by letter
correspondence. This was what Ferguson was told by the clerks office was for all good
and proper consideration making this request and was only doing what he was instructed
to do.
4. Hoge questions from where Ferguson would be making this telephone appearance. Like
most Americans, Fergusons phone link to the outside world is in the form of a cell phone
and doesnt own a land line as said land line would be redundant and wholly unnecessary.
Ferguson assures both Hoge and the Court that at 0545 hours Pacific Daylight Time on
the 27th of September, Ferguson will most likely be making this appearance from his
residence (specifically from bed) in Live Oak, CA nor will there be anyone there
coaching him at that hour from that location.

5. Hoge states that his good faith belief is that Ferguson is self-employed as Fergusons
Google+ account lists his occupation as Founder/CEO of Nova Media Group. While it
is true Ferguson does operate a small, independent record label Ferguson has other
sources of employment that allow him to fund his label as the label itself doesnt quite
make the kind of money that Ferguson would like to see it make. Ferguson also reiterates
that his current employment does not allow for paid time off and that a trip to Maryland
would be both excessive and unaffordable to him.
6. For the record, Fergusons independent record label was set up in 2012 in response to his
music distribution companys insistence that they will only distribute Fergusons music if
Ferguson first establishes a record label through the distribution company.
7. Hoge argues, There is nothing in the Maryland Rules that allows for a
telephone appearance by counsel or a pro se party at a motions hearing. Hoge does not
argue that there is anything in the Maryland Rules forbidding such an appearance.

CONCLUSION
WHEREFORE, as Hoge has failed to demonstrate any statute in Maryland law
forbidding telephonic appearance at a motions hearing, and;
WHEREFORE Ferguson has an outstanding motion with this court asking that
Plaintiffs case be transferred or dismissed under the doctrine of jurisdiction and improper venue,
and;
WHEREFORE Hoge has not made a case for how he could possibly be prejudiced by
Defendants telephonic appearance;
Ferguson PRAYS as follows:
A. That this Court rule on Fergusons outstanding motion to DISMISS Plaintiffs
entire case due to the doctrine of jurisdiction and improper forum;
B. That in the alternative, this Court GRANT Fergusons motion to appear at the
September 27, 2016 motions hearing via telephone;
C. That this Court grant whatever relief it sees as just and necessary.

DATED SEPTEMBER 19, 2016

William A. Ferguson
10808 Schroeder Road
Live Oak, CA 95953
(530)845-4220
Email: wilsb8@gmail.com
CERTIFICATE OF SERVICE
I certify that on the 19th day of September, 2016, I served copies of the foregoing on the
Plaintiff and other named defendants via e-mail in keeping with prior agreements.
William A. Ferguson

AFFADAVIT
I, William A. Ferguson, solemnly swear under penalty of perjury that the contents
of the foregoing motion are true to the best of my knowledge.
William A. Ferguson