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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 EMERGENCY MOTION TO STRIKE DOCKET ITEM 44/2


COMES NOW William John Joseph Hoge and moves that the Court strike
Docket Item 44/2 filed by Defendant Brett Kimberlin pursuant to Md. Rule 2-322(e).
In support of his motion Mr. Hoge states as follows:
BRETT KIMBERLIN ATTACHED EXHIBITS TO DOCKET ITEM 44/2 WHICH ARE
COVERED BY A PROTECTIVE ORDER ISSUED BY THE U.S. DISTRICT COURT FOR
THE DISTRICT OF MARYLAND
Brett Kimberlin sued Mr. Hoge and over twenty other defendants in the U.S.
District Court for the District of Maryland in October, 2013. Kimberlin v. National
Bloggers Club, et al., Case No. 13-CV-03059 (D.Md. 2015). Kimberlin settled with
some defendants, but on 17 March, 2015, Judge Hazel dismissed all of the claims
against all of the remaining defendants (including Mr. Hoge)except for one claim
against Patrick Frey. The case is now styled Kimberlin v. Frey, and it has recently
completed discovery. Because of Kimberlins prior history of leaking discovery
materials on the Internet, Mr. Frey sought a protective order, and one was granted.
Id., Order, Oct. 15, 2015, ECF No. 312. Judge Hazel has emphasized that the
protected documents were not to be used for any purpose outside of the Frey case.

This Court finds the foregoing to be sufficient to order that any


documents marked confidential shall not be used for any purpose
outside of this matter.
Id., Memorandum Order, Oct. 15, 2015, ECF No. 313 at 2.
On or about 20 February, 2016, Kimberlin served a copy of a sealed motion
on Mr. Hoge per an order of the U.S. District Court. Id., Letter Order, Feb. 11,
2016, ECF No, 344 at 1. An exhibit was attached to that motion which contained
emails Kimberlin represented as being provided as confidential discovery material
provided by Mr. Frey. The emails were marked Confidential. It appears that
Kimberlin has transcribed two of the emails, deleting the Confidential markings.
Their use in the instant lawsuit is a clear violation of the U.S. District Courts
Protective Order.
Further, paragraph 5 of Kimberlins Reply contains information derived from
the emails in violation of the Protective Order.
Because of service of that sealed motion by Kimberlin in the Frey case, Mr.
Hoge is now covered by the Protective Order. Id. While Mr. Hoge cannot include
the evidence necessary to show that the attachments to Docket Item 44/2 violate
federal courtss orders with this motion, he is willing to provide the evidence under
seal if Judge Hazel were to modify the Protective Order 1 or if this Court subpoenaed
that information.

Mr. Hoge is simultaneously filing an emergency motion with the U.S. District
Court seeking leave to file the evidence under seal with this Court.
2

Because use of the emails as attachments to Docket Item 44/2 and the
additional use of information derived from them in paragraph 5 of that paper
violate a Protective Order of the U.S. District Court for the District of Maryland,
Docket Item 44/2 should be stricken as improper pursuant to Rule 2-322(e).
CONCLUSION
WHEREFORE, Mr. Hoge asks the Court to STRIKE Defendant Brett Kimberlins
Reply to Plaintiffs Opposition to His Motion to Quash and Stay Discovery (Docket
Item 44/2) and for such other relief as it may find just and proper.
Date: 31 May, 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 31st day of May, 2016, I served copies of the foregoing on
the following persons:
William M. Schmalfeldt by First Class U. S. Mail to 3209 S. Lake Drive, Apt. 108,
St. Francis, Wisconsin 53235
William Ferguson by First Class U. S. Mail to 10808 Schroeder Road, Live Oak,
California 95953
Brett Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817 (last known address)
Tetyana Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817 (last know address)

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: 31 May, 2016
William John Joseph Hoge