Beruflich Dokumente
Kultur Dokumente
WILLIAM
M.
SCHMALFELDT,
SR
)
Pro
Se
Plaintiff
)
)
v.
)
Case
#13---C---15---102498
OT
)
WILLIAM
JOHN
JOSEPH
HOGE
III
)
Defendant
)
plaintiff
has
failed
to
state
a
claim.
Hoges
remarks
are
not
plaintiffs
conclusions.
They
are
quotes.
Plaintiff
claims
they
are
defamation
per
se.
Claim
stated.
Given
the
number
of
times
Hoge
has
played
fast
and
loose
with
court
filings
in
various
battles
with
plaintiff,
Schmalfeldt
hardly
considers
Hoge
a
reliable
expert
on
what
is
or
is
not
a
well-
pleaded
complaint.
Schmalfeldts
track
record
of
courtroom
victories
against
Hoge
should
serve
as
notice
that
Hoges
description
of
well-
pleaded
is
not
the
yardstick
by
which
the
court
should
measure
plaintiffs
filings.
obscene
as
that
is
a
subjective
term.
Hoge
may
well
think
certain
comic
strips
are
obscene.
That
is
his
right.
But
to
declare
that
anything
Again, Hoge asks the court to see something that does not exist in
Mr. Hoge complains that plaintiff did not print out the entire blog
post
of
July
14,
2014
in
his
Exhibit
G,
which
accompanies
the
original
complaint.
It
was
not
necessary
to
print
the
entire
blog
post,
as
the
part
that
plaintiff
left
off
was
a
list
of
70
URLs
that
WordPress
removed
by
their
mistake,
not
at
plaintiffs
request.
The
second
page
of
Exhibit
G
shows
the
actual
e-mail
plaintiff
sent
to
WordPress,
something
Hoge
did
not
see
fit
to
include
in
his
blog
post
that
day.
Hoge
indicts
himself
by
While Hoge seems fond of citing New York Times v. Sullivan 376
U.S.
254,
279-280
(1984)
as
the
bar
for
establishing
malice,
forgetting
for
a
moment
that
the
case
dealt
with
a
public
official
suing
a
newspaper
for
libel;
Schmalfeldt
is
not
a
public
official
and
Hogewash
is
not
a
respected
news
organization;
the
case
did
set
the
standards
for
actual
malice,
which
Schmalfeldt
has
more
than
met
in
his
complaint.
Actual
this
definition
does
not
apply.
Malice,
in
a
legal
sense,
may
be
inferred
from
the
evidence
and
imputed
to
the
defendant,
depending
on
the
nature
of
the
case.
The
very
words
used
to
defame
Schmalfeldt
demonstrate
a
reckless
disregard
for
the
truthfulness
of
the
statements
made.
Despite
Hoges
assertion
that
Intentional
Infliction
of
Emotional
Distress
is
not
a
cause
of
action
in
Maryland,
once
again
we
find
him
to
be
misinformed.
The
elements
for
intentional
infliction
of
emotional
distress
are:
1. Conduct
must
be
intentional
or
reckless;
2. Conduct
must
be
extreme
and
outrageous;
3. There
must
be
a
causal
connection
between
the
wrongful
conduct
and
the
emotional
distress.
4. Emotional
distress
must
be
severe.
Hoge has a second motion set for hearing, and that is a motion to
Hoge
is
not
the
only
defendant
in
this
case,
and
CJ
6-201(b)
reads,
if
there
is
more
than
one
defendant,
and
there
is
no
single
venue
applicable
to
all
defendants,
under
subsection
(a)
of
this
section,
all
may
be
sued
in
a
county
in
which
any
one
of
them
could
be
sued,
or
in
the
county
where
the
cause
of
action
arose.
Could
any
one
of
the
defendants
be
sued
in
Howard
County?
Yes,
as
defendant
Eric
P.
Johnson
lives
in
Paris,
TN,
and
therefore
fits
the
definition
of
CJ
6-202
(11)
An
action
for
damages
against
a
non
resident
individual
can
be
taken
up
in
any
county
in
the
state.
Internet
went
into
widespread
use,
says
exactly
the
opposite
of
what
Hoge
wants
the
court
to
believe
it
says.
Jurisdiction
over
petitioners
in
California
is
proper
because
of
their
intentional
conduct
in
Florida
allegedly
calculated
to
cause
injury
to
respondent
in
California.
Pp.
788-791
(b)
Here,
California
is
the
focal
point
both
of
the
allegedly
libelous
article
and
of
the
harm
suffered.
Jurisdiction
over
petitioners
is
therefore
proper
in
California
based
on
the
"effects"
of
their
Florida
conduct
in
California.
Pp.
788-789.
(c)
Petitioners
are
not
charged
with
mere
untargeted
negligence,
but
rather
their
intentional,
and
allegedly
tortious,
actions
were
expressly
aimed
at
California.
They
wrote
and
edited
an
article
that
they
[465
U.S.
783,
784]
knew
would
have
a
potentially
devastating
impact
upon
respondent,
and
they
knew
that
the
brunt
of
that
injury
would
be
felt
by
respondent
in
the
State
in
which
she
lives
and
works
and
in
which
the
magazine
has
its
largest
circulation.
Under
these
circumstances,
petitioners
must
"reasonably
anticipate
being
haled
into
court
there"
to
answer
for
the
truth
of
the
statements
made
in
the
article.
Gaming
Holding,
LLC,
388
Md.
1,
878
A
.
2d.
567,
582
(2004)
as
some
sort
of
proof
that
Maryland
has
no
personal
jurisdiction
over
an
out
of
state
tortfeasor.
But
the
cited
case
is
one
which
has
nothing
whatsoever
to
do
with
whether
an
individual
tortfeasor
can
be
sued
for
damages
incurred
in
another
state.
reported,
the
court
held
in
Keeton
v.
Hustler
Magazine,
Inc.,
465
US
770
that
jurisdiction
would
be
found
where
the
party
injured
by
the
libelous
assertion
was
not
a
resident
of
the
state
where
the
lawsuit
was
brought.
Where,
as
in
this
case,
respondent
Hustler
Magazine,
Inc.,
has
continuously
and
deliberately
exploited
the
New
Hampshire
market,
it
must
reasonably
anticipate
being
haled
into
court
there
in
a
libel
action
based
on
the
contents
of
its
magazine.
World-Wide
Volkswagen
Corp.
v.
Woodson,
444
U.
S.,
at
297-298.
And,
since
respondent
can
be
charged
with
knowledge
of
the
"single
publication
rule,"
it
must
anticipate
that
such
a
suit
will
seek
nationwide
damages.
Respondent
produces
a
national
publication
aimed
at
a
nationwide
audience.
There
is
no
unfairness
in
calling
it
to
answer
for
the
contents
of
that
publication
wherever
a
substantial
number
of
copies
are
regularly
sold
and
distributed.
(Id.)
Hoge
argues
that
venue
is
improper
because
he
lives
in
Carroll
County.
We
remind
the
court
of
CJ
6-201(b)
Multiple
defendants.
--
If
there
is
more
than
one
defendant,
and
there
is
no
single
venue
applicable
to
all
defendants,
under
subsection
(a)
of
this
section,
all
may
be
sued
in
a
county
in
which
any
one
of
them
could
be
sued,
or
in
the
county
where
the
cause
of
action
arose.
If
venue
is
proper
for
Defendant
Johnson,
then
it
is
also
proper
for
Defendant
Hoge.
Hoge
argues
that
his
websites
terms
of
service
states
all
disputes
concerning
the
terms
of
use
or
content
of
his
website
are
to
be
resolved
in
Carroll
County.
Hoge
does
not
have
the
right
to
change
state
law
by
virtue
10
11
Defendant
Hoges
motions
to
dismiss
the
complaint
and
asks
that
the
case
12
Certificate of Service
I
certify
that
on
this
13
th
day
of
May,
2015,
I
mailed
a
copy
of
this
filing
to
WJJ
Hoge
III
via
First
Class
US
Mail.
William
M.
Schmalfeldt,
Sr.
13