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 OPPOSITION TO SCHMALFELDTS MOTION TO DISMISS FOR LACK OF

PERSONAL JURISDICTION
COMES NOW, Plaintiff William John Joseph Hoge, pro se, and opposes
Defendant Schmalfeldts Motion to Dismiss for Lack of Personal Jurisdiction. In
opposition Mr. Hoge states as follows:

THIS COURT HAS PERSONAL JURISDICTION OVER SCHMALFELDT

First, this Court has general personal jurisdiction over Defendant
Schmalfeldt for the acts he committed while he was a resident of Maryland
pursuant to Cts. & Jud. P. 6-102. While Schmalfeldt has falsely stated that no
such acts are alleged (All the actions described by Plaintiff in his complaint as
alleged against defendant occurred after August 22, 2015, the date Schmalfeldt
moved to the Milwaukee area. Motion to Dismiss, 9.), the acts alleged in Count
IV (Complaint, 42-44) as well as much of his participation in the civil conspiracy
occurred while he was a Maryland resident. Schmalfeldt cannot nullify the Courts
jurisdiction relating to his acts done in Maryland by fleeing the state.

Second, in spite of his false assertion in the Motion to Dismiss ( 10, 11),
Schmalfeldt has continued to maintain at least one Internet domain registration in
Maryland. See Exhibit A, which was downloaded from the Internet Corporation for
Names and Numbers after Schmalfeldt served a copy of the Motion to Dismiss on
Mr. Hoge.1 Thus, he has continued to maintain a business presence in Maryland
establishing general jurisdiction pursuant to 6-103(b).
Third, the Court has specific personal jurisdiction over Schmalfeldt for his
continuing acts as a member of the conspiracy after he fled the state. See Mackey v.
Compass Marketing, Inc., 391 Md. 117, 892 A.2d 479, 481 (2009). Indeed, the
argument supporting this Courts jurisdiction over Schmalfeldt is stronger than
that found in Mackey. In that case, Mackey and his co-appellant Severino had
never been residents of Maryland. Schmalfeldt, on the other hand, lived in the
Maryland for many years, and the acts alleged to have been done by him after 22
August, 2015, are a part of a continuing persistent course of conduct begun in the
State. Further, Schmalfedt has sought the protection of Marylands court by

Exhibit A is the official registration information for the Internet domain

patriotombudsman.com as maintained by the Internet Corporation for Assigned
Names and Numbers (ICANN). ICANN is the nonprofit organization that is
responsible for coordinating the maintenance and methodologies of the several
databases of unique identifiers related to the domain names of the Internet for the
purpose of ensuring the networks stable and secure operation. ICANN performs
the actual technical work of maintaining the central Internet address system and
the Dynamic Name Server Root registries that allow all web addresses such as
hogewash.com or courts.state.md.us to be translated into the actual numerical
physical addresses of the computers hosting the respective websites.
2

previously suing Mr. Hoge. Thus, this Court has personal jurisdiction over
Schmalfeldt.
Mr. Hoge has alleged that a continuing chain of tortious acts were committed
by Schmalfeldt while he was a resident of Maryland and after he left for Wisconsin.
Thus, this Court has jurisdiction over Schmalfeldt under both 6-102 and 6-103.
Either is sufficient for him to be haled into this Court, and Marylands doctrine of
res judicata requires that Mr. Hoge bring all his claims against Schmalfeldt in one
lawsuit. Cochran v. Griffith Energy, 426 Md. 134, 140 (2012).
However, this Courts jurisdiction over Schmalfeldt under 6-102 alone is
sufficient to cover his acts after leaving the State because they are a part of a
continuing persistent course of conduct which began years before he left.

MR. HOGE IS NOT ENGAGED IN VEXATIOUS LITIGATION

Finally, Schmalfeldts request that the Court find Mr. Hoge to be a vexatious
litigant has no basis in reality. Indeed, he has offered no evidence to support such
an allegation. It is true that Mr. Hoge has sought three peace orders against
Schmalfeldt. Two were granted and one was extendedly this Court. It is also true
that Mr. Hoge sought the States protection from Schmalfeldts harassment related
to those orders and that District Court Commissioners charged Schmalfeldt with
over 300 counts of various violations. In fact, many of the same unwanted contacts
from Schmalfeldt that formed the bases of those charges were also the part of the

bases for this Court extension of a peace order.2 However, the resulting criminal
cases were State v. Schmalfeldt; Mr. Hoge was not a party.
It is also true that Mr. Hoge has filed one other civil suit against Schmalfeldt,
a copyright infringement case, Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELH
(D.Md. 2014). That case was settled via ADR, and Count XII ( 72-86) of the
instant lawsuit deals with Schmalfeldts breach of that settlement agreement.
Mr. Hoges seeking peace orders because of harassment and his filing a
copyright infringement lawsuit taken together with the instant lawsuit simply do
not add up to vexatious litigation. On the contrary, given the level of sustained
harassment, copyright infringement, and defamation put forth by Schmalfeldt, Mr.
Hoges reaction has been quite restrained.3 The Court should deny Schmalfeldts
request to declare Mr. Hoge a vexatious litigant.

CONCLUSION
WHEREFORE, this Court does have personal jurisdiction over Defendant
William Schmalfeldt, and Mr. Hoge asks that Schmalfeldts Motion to Dismiss for
2

Hoge v. Schmalfeldt, Case No. 06-C-13-063359 (Md. Cir.Ct. Carroll Co. 2013).

On the other hand, Schmalfeldt has filed three frivolous lawsuits against Mr. Hoge
in the past two years. Schmalfeldt v. Hoge, et al., Case No. 14-CV-01685-CCB
(D.Md. 2014) was withdrawn by the plaintiff two days after it was filed.
Schmalfeldt v. Johnson, et al., Case No. 15-CV-0315-RDB (D.Md. 2015) was
dismissed for lack of subject matter jurisdiction. Schmalfeldt v. Hoge, et al., Case
No. 13-C-15-102498 (Md. Cir.Ct. Howard Co. 2015) was dismissed for failure to
serve out-of-state defendants and improper venue with respect to Mr. Hoge.
Schmalfeldts bringing suit in a Maryland court provides yet another connection to
the State establishing grounds for personal jurisdiction.
4

Lack of Personal Jurisdiction be DENIED and for such other relief as the Court may
deem just and proper.

Date: 18 April, 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 18th day of April, 2016, I served a copy to the foregoing
on William Schmalfeldt by email (with permission).

William John Joseph Hoge

VERIFICATION
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.

18 April, 2016
Date: ____________________________

___________________________________

Exhibit A
Domain Registration Information for patriotombudsman.com. Downloaded 10
April, 2016 via http://whois.icann.org/.

Domain Name: PATRIOTOMBUDSMAN.COM

Registry Domain ID: 1931612607_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.launchpad.com
Registrar URL: LaunchPad.com
Updated Date: 2015-09-09T05:02:14Z
Creation Date: 2015-05-22T19:49:14Z
Registrar Registration Expiration Date: 2016-05-22T19:49:14Z
Registrar: Launchpad, Inc. (HostGator)
Registrar IANA ID: 955
Domain Status: clientTransferProhibited https://icann.org/
epp#clientTransferProhibited
Registry Registrant ID:
Registrant Name: Bill Schmalfelddt
Registrant Organization: None
Registrant Street: 6636 Washington Blvd #71
Registrant City: Elkridge
Registrant State/Province: MD
Registrant Postal Code: 21075
Registrant Country: US
Registrant Phone: +1.14102069637
Registrant Phone Ext:
Registrant Fax:
Registrant Fax Ext:
Registrant Email: bschmalfeldt@comcast.net
Registry Admin ID:
Admin Name: Bill Schmalfelddt
Admin Organization: None
Admin Street: 6636 Washington Blvd #71
Admin City: Elkridge
Admin State/Province: MD
Admin Postal Code: 21075
Admin Country: US
Admin Phone: +1.14102069637
Admin Phone Ext:
Admin Fax:
Admin Fax Ext:
Admin Email: bschmalfeldt@comcast.net
Registry Tech ID:
Tech Name: Bill Schmalfelddt
Tech Organization: None
Tech Street: 6636 Washington Blvd #71
Tech City: Elkridge
Tech State/Province: MD

Tech Postal Code: 21075

Tech Country: US
Tech Phone: +1.14102069637
Tech Phone Ext:
Tech Fax:
Tech Fax Ext:
Tech Email: bschmalfeldt@comcast.net
Name Server: ns8035.hostgator.com
Name Server: ns8036.hostgator.com
DNSSEC:Unsigned
Registrar Abuse Contact Email: abuse@websitewelcome.com
Registrar Abuse Contact Phone: +1.713-574-5287
URL of the ICANN WHOIS Data Problem Reporting System: http://
wdprs.internic.net/

William John Joseph Hoge,

Plaintiff,
v.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY,

MARYLAND
Case No. 06-C-16-070789

Brett Kimberlin, et al.,

Defendants.

PROPOSED ORDER
Upon consideration of Defendant Schmalfeldts Motion to Dismiss for Lack of
Personal Jurisdiction and the opposition thereto, said motion is DENIED this
__________ day of ____________________, 2016.
It is so ORDERED.

____________________________________
Circuit Court Judge