ECF No. 49 Redacted

8/13/2019 ECF No. 49 Redacted

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

GREENBELT DIVISION

(.

I'"

BRETT KIMBERLIN,

Plaintiff,

v.

NATIONAL BLOGGERSCLUB, etal,

Defendants

No. PWG 13 3059

PLAINTIFF'S RESPONSE TO DEFENDANT HOGE'S TWO LATEST FILINGS

Now comes Plaintiff Brett Kimberlin and responds In opposition to Defendant

William Hoge's two latest filings, the first complaining about Plaintiffs status report

and the second asking that the case be dismissed against four defendants because

Defendant Hoge did not receive his copies of Plaintiffs responses in the mail.

1. Narya day goes by without Defendant Hoge falsely accusing Plaintiff of some

sort of crime or malfeasance, if not in a court filing then on his blog. This

harassment has been ongoing for the past two years, and it goes to the heart

of Plaintiffs Complaint, that this pattern of defamatory intimidation and

constant "threats of doom" are being done to retaliate and chill Plaintiffs

right to redress.

2. Defendant Hoge's every waking moment seems to be dedicated to harassing

Plaintiff, his family and anyone who supports Plaintiff. When the Howard

County State's Attorney refused to accept false criminal charges against

Plaintiff, Defendant Hoge began a brutal online campaign called "Everybody

Blog About Howard County Prosecutors" which resulted weeks of

harassment against the State's Attorney by Defendant Hoge and his "Army of

Davids," including threats. Exhibit A.

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3. When a reporter wrote stories about Defendant Hoge's obsessive,

threatening and bizarre conduct, Defendant Hoge filed more than 360

criminal charges against the reporter in Carroll County. Every time the

Carroll County State's Attorney dismisses the charges, Defendant Hoge files

more. See e.g., Exhibit B. On Monday, january 27, 2014, Defendant Hoge was

forced into mediation by the Carroll County State's Attorney, which resulted

in the dismissal of his latest3S3 criminal charges against the reporter.

4. Plaintiff is at a loss at how to stop Defendant Hoge from his harassing

conduct In his latest filing, he states falsely Plaintifffailed to serve him, yet it

was Hoge who failed to go to the Post Office to pick up the package after the

notice was left at his home. See USPS tracking page at Exhibit C. It sat in the

Post Office for seven days while Defendant Hoge schemed at how he could

falsely accuse Plaintiff offailing to serve him. Finally, on january 29,2014,

the package was returned to Plaintff and it clearly shows that it was

delivered and held by the Post Office on january 18, 2014, and then returned

to Plaintiff on january 27,2014. Id.

5. Defendant Hoge has refused Plaintiffs offer of electronic service because he

delusionally believes that Plaintiff will infect his computer with malware and

hack his computer, yet he won't take the time to go to the Post Office to pick

up a package served through the US mail.

6. Incredibly, Defendant Hoge has copies of the responses he said he did not

receive because he has posted excerpts from them on his blog. Exhibit D. So

he has notice and possession of the responses, which he got either from

PACER or a co-defendant, and that is most likely why he did not want to go to

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the Post Office and get another copy. This better served his purposes of

falsely accusing Plaintiff of failing to serve him.

7. Despite this, Plaintiff On January 25,2014, again sent Defendant Hoge

another copy of the four pleadings filed on the 17th in the hope thatthe

Postman will catch him at home. The tracking number is

9114901230801227766014 and it was delivered to him on January 27, 2014.

Exhibit E.

8. In his filing about the status report, Defendant Hoge falsely accuses Plaintiff

of things that Plaintiff can't even understand. Plaintiff has no idea what he is

complaining about.

9. In short, Defendant Hoge makes wild allegations, many which are impossible

to comprehend, in order to harass Plaintiff. He sends copies of these

delusional motions to all the other defendants thereby wasting their time. He

posts them on his blog along with requests for donations telling his readers

that he is going to have Plaintiff jailed or have the case dismissed.

Responding to these is a huge waste of time and judicial resources.

Wherefore, for all the above reasons, this Court should deny Defendant Hoge's latest

two pleadings and order him not to waste everyone's time with his nonsensical,

obsessive and malicious filings.

Respectfully submi te

Brett Kimberlin (

8100 Beech Tree Rd/

Bethesda, MD 20817

(301) 320 5921

justjcejtm [email protected]

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4/12

CERTIFICATEOF SERVICE

I certify that I emailed a copy of this motion to Andrew Smith, Mark BaiIen,

Caitlyn Constestable, Ron Coleman, and mailed copies to James Skyles, Willia

Hoge, and Aaron Walker thiS~ day of January, 2014.

Brett Kimberlin

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5/12

Everyone Blog About the Howard County

State's Attorney's Office Daywww Ho~eWasb com Posted on 8 April. 2013

It's been two weeks since I requested answers to these questions:

1. Is it the position of the State's Attorney that operation of a blog

allows one unlimited license to contact another person without

regard to Maryland Criminal Statutes 3-803 and/or 3-805?

2. Does Mr. Broccilino believe that a public person such as himself

may not seek to demand that someone cease contacting him as

provided by Maryland Criminal Statutes 3-803 and/or 3-805?

3. Is it the policy of State's Attorney that non-residents of Maryland

must or should avoid entering the state if they are being stalked by

a Maryland resident?

I have not yet received a response from either State's Attorney

Dario J. Broccolino or a member of his staff.

I was prompted to ask these questions because of his office's

handling of harassment complaints filed by families from Texas and

Virginia that were not prosecuted. Of course, it is possible that a

complaint can be filed without sufficient supporting evidence.

However, it appears that all of the evidence necessary to establish

that harassment occurred and who did it was well documented.

The State's Attorney's Office's response was

Stay off the Internet ifyou don't want to be harassed.

The Virginia family has also be stalked by a convicted violent felon

for the past year. After the wife was stalked by that individual in a

Howard County courthouse parking lot, she was told

If you're so concerned for your safety, stay out of Maryland.

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-- .

Moreover Jim Brewer, the Assistant State's Attorney who handled

both cases, had no interest in hearing from the complainants. He

told them up front that his decision not to prosecute had been

made.

Over the past couple of weeks, I've encouraged others to contact

the Howard County State's Attorney's Officeto see what they could

find out about these questions and suggested that today should be

a date to report their findings. I look forward to their reports.

UPDATE-One theme that seems to be emerging in the early posts

forEveryone Blog About the Howard County States' Attorney's OfficeDay is that most blogger's requests for information have been

ignored. In fact, the only response published as of 6:30 am ET was

this one, received by the anonymous blogger who uses the nom de

cyber of R.M.Nixon (Deceased):

The ONLY response I have received, as a private citizen isan email

requesting my real identity, driver's license information, social

security number as a requirement for a response to Maryland

residents only.

Why would driver's license and social security information be

required in order for a State's Attorney to give an answer about

how laws are interpreted? Why can't an out-of-state person inquire

about how Maryland's law might affect him or his travel plans?

Hmmmm.

UPDATE2-Here is a list of participating bloggers.

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7/12

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Tracking Number: 9114901159815532938543

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informalion is available.

Product & Tracking Information

POSIaI Product: Features:

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$ 50 insu ran ce inclUd ed USPS Tra cl


9/12

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10/12

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Team Kimberlin Post ofthe Daywww,HQgeWash,cQrnpQsted Qn22 January. 2014

I

I've been trying to make some sense of the responses that The

Dread Pro-Se Kimberlin filed to the motions to dismiss from Aaron

Walker, DB Capitol Strategies, The Franklin Center, and me in

the Kimberlin v. the Universe, et al. RICO Madness. Some of his

allegations contradict others.

The RICO Enterprise

115. At all relevant tUlles from November 2011 through thL' prL'sent d


11/12

r

allegation that his mythical RICOEnterprise existed since

November, 2011, and that all the defendants were members from

the beginning.

One the points that each of the motions to dismissed raised was

that TDPKfailed to meet the requirement to outline the structureof the RICOEnterprise in his Amended Complaint He attempted to

address that error by pleading new "facts" in his response to my

motion. (That's improper. He's supposed to explain why his

allegations were sufficient, not make new ones.) In that response

he imagines that the National Bloggers Club is the RICOEnterprise.

31. Most of the Defendants arc members of, paid by or otherwise involved with

the Nntional Bloggers Club in some fashion. Defendant Ali Akbar is the bo s,

Patrick Frey is the consigliore, DBCapitol Strategies is the legal muscle. and

various other Defcndnnlo; arc the lynch mob, taking orders from Defendants

Akbar and Frey to harass Plaintiff through various means such as physical

assault, stalking. malicious legal filings, and false allegations online.

However, TDPKcreates a problem for himself by trying to make the

National Bloggers Club the RICOEnterprise. He alleged the

following in his Amended Complaint. Do you see the problem?TDPKalleges that the RICOEnterprise existed since November,

2011, and that it is an organization that was created in February,

2012.

Oops.

Also, he alleges that all members were in the RICOEnterprise from

Day One. I suppose I might have remembered something about a

guy who claimed to have been Dan Quayle's dope dealer, but I

really wasn't aware of Brett Kimberlin until late May, 2012. I wrotemyfirst post about him on 23 May. Oh,and I didn't join the National

Bloggers Club until March, 2013.

#Fail

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12/12

~USPS.COM.

Ship a Package y Send Mall y Manage Your Mail y

USPS Tracking

Tracking Number. 9114901230801227766014

Expected Delivery Day: Monday, January 27, 2014

Product & Tracking Information

D

Av

Postal Product:

Priority MaiI1-Day'"

Features:

$50 insurance included

~. ::

USPS Tracking '"

January 27, 2014,2:33

pm

January 27,2014,10:09

am

January 27, 2014,9:59

am

January 27, 2014,6:22

am

January 27,2014

January 26, 2014,11:13

pm

January 25,2014 ,7:45

pm

January 25, 2014,1:46

pm

January 25, 2014,12:50

pm

Delivered

Out forDelivery

Sorting Complete

Arrival at Post Office

Depart USPS Sort

Facility

Processed at USPS

Origin Sort Facility

Processed at USPS

Origin Sort Facility

Dispatched to Sort

Facility

Acceptance

; WESTMINSTER, MD 21157

WESTMINSTER, MD 21157



LINTHICUM

HEIGHTS, MD 21090

LINTHICUM

HEIGHTS, MD 21090

CAPITOL HEIGHTS, MD 20790

CABIN JOHN, MD 20818

CABIN JOHN, MD 20818

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ECF No. 49 Redacted

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Transcript of ECF No. 49 Redacted