IN THE CIRCUIT COURT OF CARROLL COUNTY, MARYLAND WILLIAM HOGE, Plaintiff, v. No, C-16-70789 BRETT KIMBERLIN, et al., Defendants MOTION IN LIMINE Now comes Defendant Brett Kimberlin and moves this Court to limit the testimony and evidence of Plaintiff William Hoge at the trial in this case. Specifically, Defendant seeks an order that Prevents any statements or evidence regarding any personal or professional character evidence about Judge Audrey Creighton. Defendants will be introducing the certified transcripts of a Peace Order hearing presided over by Judge Creighton when she was a judge in the Montgomery County Circuit Court in which she made certain comments regarding the online bullying of Defendants’ daughter. Judge Creighton is available to testify but would be unlikely to do so if Plaintiff is allowed to attack her character or credibility with extrinsic evidence of personal conduct or purported reasons for her leaving the bench. Prevents any statements or evidence or court decisions about any criminal conviction, sentence, parole, or imprisonment of Defendant Brett Kimberlin that occurred more than 15 years ago. Maryland Rule 5-609 prohibits the introduction of a conviction “ifa period of more than 15 years has elapsedsince the date of the conviction.” Defendant Brett Kimberlin has not been convicted of any crime since 1980. Such information is irrelevant, prejudicial, confusing, and would prolong this trial with extraneous information over cases that occurred decades ago in another state in a federal court. Prevents any statement regarding the disposition of the case Kimberlin v. Walker that was tried in this Court before Judge Eric Johnson and ended ina dismissal prior to jury verdict. That case was dismissed after the court found that Defendant Brett Kimberlin failed to present evidence of one element of the tort, There was no adjudication on the merits, This Court has already dismissed Plaintif?’s malicious use of process claim regarding that case. Prevents any statements or evidence regarding any alleged infidelity by Defendant Tetyana Kimberlin. Such information is irrelevant, embarrassing, and prejudicial, and would further victimize her. Prevents any statement about or information quoted from a 1996 book, “Citizen K" written by Mark Singer about Defendant Brett Kimberlin. Such information is hearsay, unreliable, confusing and prejudicial. judge Johnson prohibited the introduction of the book in Kimberlin v. Walker on these grounds. Prevents any bullying, intimidation, threats or character attacks on minor witnesses who may be called to testify about the effects of bullying on Defendants’s daughter between 2010 and 2015.* Prevents any information about any alleged damages since no damages were alleged in the Complaint and no discovery was provided to Defendants about any damages. + Prevents any information or alleged evidence purporting to show that Defendant Brett Kimberlin has any legal connection to the website BreitbartUnmasked. Plaintiff Hoge previously filed a Peace Order in the Carroll County District Court making that allegation which was denied. See Case No. 1025003032013 He then appealed that denial to Judge Stansfield and presented testimony and evidence which the Judge rejected. See Hoge v. Kimberlin, C-13-63590, hearing date May 17, 2013. Therefore, Plaintiff is barred by res judicata from litigating that matter in the instant case. Bethesda, MB-20817 justicejtmp@comeast.net (301) 3205921 CERTIFICATE OF SERVICE [certify that I have hand delivered a copy of this motion to Plaintiff on August 3, 2017. : Brett Kighberli