William John Joseph Hoge, IN THE

Plaintiff, CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND
v.
Case No. 06-C-16-070789
Brett Kimberlin, et al.,
Defendants.

PLAINTIFFS OPPOSITION TO SCHMALFELDTS MOTION FOR RECONSIDERATION

AND
MOTION FOR ALTERNATIVE SERVICE OF SHOW CAUSE ORDER AND WRIT OF
SUMMONS

COMES NOW William John Joseph Hoge and opposes Defendant William

Schmalfeldts Motion for Reconsideration (Docket Item 182/0) and moves that the

Court deem that service of its Show Cause Order and Writ of Summons (Docket

Items 177/0 and 178/0) has been effected by alternative means or, alternatively,

waived by Schmalfeldt. Mr. Hoge states as follows:

I. SCHMALFELDT SHOULD BE REQUIRED TO PERSONALLY ATTEND THE SHOW

CAUSE HEARING AND TRIAL

The Court has accommodated Schmalfeldts alleged heath issues by allowing

him to appear at hearings via Skype. However, there is now evidence before the

Court that he has abused those accommodations and violated the Rules regarding

the recording and publication of courtroom audio. He has already failed to appear

for one related show cause hearing. He should be required to be present for the

hearing and trial scheduled for 21 August, 2017.

II. THE COURT SHOULD DEEM ITS SHOW CAUSE ORDER AND WRIT OF SUMMONS
SERVED ON SCHMALFELDT

The Court issued its Order and a Writ of Summons on 5 July, 2017. These

were mailed to Mr. Hoge for service on Schmalfeldt. However, before he could send

them to the Horry County, South Carolina, Sheriffs Office for service, Schmalfeldt

moved from Myrtle Beach, South Carolina, to Florence, South Carolina, leaving no

forwarding address. Mr. Hoge was able to determine Schmalfeldts new address

from information on court papers filed in another lawsuit. Schmalfeldt v. Grady, et

al., Case No. 17-CV-1310 (D.S.C. 2017). Based on that address, Mr. Hoge sent the

papers for service by the Florence County Sheriff, but Schmalfeldt had moved again

before he could be served, and the papers were returned to Mr. Hoge unserved.

Based on information in another paper filed in the Grady lawsuit, Mr. Hoge

determined that Schmalfeldt had returned to his old address in Myrtle Beach, so

the papers were sent to the Horry County Sheriff for service on 31 July, 2017.

However, Schmalfeldt has moved again. On information and belief, he is now in

Conway, South Carolina.1 While Mr. Hoge is diligently working to have the papers

placed in Schmalfeldts hands, actual service may not be possible.

By moving for reconsideration of the Show Cause Order, Schmalfeldt has

admitted to knowledge of the Order and the Writ of Summons and their contents.

Thus, whether he has been handed the Order and Writ of Summons by a deputy

sheriff or not, he is aware of the Order and Writmost likely have read about them

1The Court should note that its mail to Schmalfeldt is being returned as not
deliverable as addressed. See Docket Item 181/0.

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on the Internet. Further, he was served the earlier Show Cause Order (Docket Item

149/0) which contained copies of Mr. Hoges petition and other relevant paperwork.

It is clear that Schmalfeldt would not be prejudiced in any way by the Court

deeming that he has been served by alternative means or that he has waived

service.

CONCLUSION

WHEREFORE, Mr. Hoge asks the Court to deny Defendant William

Schmalfeldts Motion to Reconsideration (Docket Item 182/0), to deem that

Schmalfeldt has been served with the Show Cause Order and Writ of Summons

(Docket Items 177/0 and 178/0) by alternative means or, alternatively, that he has

waived service, and to grant such other relief as the Court may find just and proper.

Date: 10 August, 2017 Respectfully submitted,

William John Joseph Hoge, pro se

20 Ridge Road
Westminster, Maryland 21157
(410) 596-2854
himself@wjjhoge.com

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 CERTIFICATE OF SERVICE

I certify that on the 10th day of August, 2017, I served copies of the foregoing
on the following persons:

William M. Schmalfeldt by First Class U. S. Mail to 220 Whitty Drive, Myrtle

Beach, South Carolina 29579 (last known address)

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

Breitbart Unmasked by First Class U. S. Mail c/o William Schmalfeldt, Editor,

220Whitty Drive, Myrtle Beach, South Carolina 29579 (last known address)

Almighty Media by First Class U. S. Mail c/o William Schmalfeldt, Editor,

220Whitty Drive, Myrtle Beach, South Carolina 29579 (last known 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: 10 August, 2017

William John Joseph Hoge