William John Joseph Hoge, IN THE

Plaintiff, CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND
v.
Case No. 06-C-16-070789
Brett Kimberlin, et al.,
Defendants.

PLAINTIFFS OPPOSITION TO DEFENDANT BRETT KIMBERLINS MOTION FOR

IMMEDIATE SANCTIONS (DOCKET ITEM 174/0)

COMES NOW William John Joseph Hoge and opposes Defendant Brett

Kimberlins Motion for Immediate Sanctions (Docket Item 174/0). In opposition Mr.

Hoge states as follows:

KIMBERLIN IS IMPROPERLY SEEKING DISCOVERY AFTER DISCOVERY HAS CLOSED

The Scheduling Order issued on 17 November, 2016, states DISCOVERY

MUST BE COMPLETED 115 DAYS PRIOR TO TRIAL. Scheduling Order, Docket

Item 91/0, 5, emphasis in the original. The trial for this lawsuit is scheduled to

begin on 21 August, 2017. Thus, all discovery was to be completed on 28 April,

2017. Brett Kimberlin admits that the Kimberlins did not send their notice of a

deposition and request for production of documents to Mr. Hoge until some time

after 1 June, 2017, more than a month after discovery had closed. Kimberlin

Motion, 1, 2. That is an admission their deposition and requests for production

of documents were untimely.

Kimberlin also complains that he and his wife did not know any details of Mr.

Hoges damage claims until Mr. Hoge provided information in his Rule 2-504.2
Statement. They didn't know because they didnt bother to askthe Kimberlins

alone are responsible for their own failure to pursue timely discovery.

The Court should enforce its Scheduling Order by denying Kimberlins

motion for sanctions.

KIMBERLIN HAS NOT MADE A GOOD FAITH EFFORT TO RESOLVE THIS

DISCOVERY DISPUTE WITH MR. HOGE

Even if the Kimberlins discovery requests were timely, Kimberlin has failed

to provide any certification of an effort to resolve any alleged discovery dispute with

Mr. Hoge pursuant to Md. Rule 2-431. In fact, Kimberlin made no such effort,

having failed to contact Mr. Hoge concerning any alleged discovery dispute.

Therefore, the Court should deny Kimberlins motion for sanctions.

CONCLUSION

WHEREFORE, Mr. Hoge asks the Court to deny Defendant Brett Kimberlins

Motion for Immediate Sanctions (Docket Item 174/0) and to grant such other relief

as the Court may find just and proper.

Date: 30 June, 2017 Respectfully submitted,

William John Joseph Hoge, pro se

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

2
 CERTIFICATE OF SERVICE

I certify that on the 30th day of June, 2017, I served copies of the foregoing on
the following persons:

William M. Schmalfeldt by First Class U. S. Mail to 220 Whitty Drive, Myrtle

Beach, South Carolina 29579

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 (last known address)

Breitbart Unmasked by First Class U. S. Mail c/o William Schmalfeldt, Editor, 220
Whitty Drive, Myrtle Beach, South Carolina 29579

Almighty Media by First Class U. S. Mail c/o William Schmalfeldt, Editor, 220
Whitty Drive, Myrtle Beach, South Carolina 29579

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: 30 June, 2017

William John Joseph Hoge