William John Joseph Hoge,

Plaintiff,
v.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND

Brett Kimberlin, et al.,

Defendants.

Case No. 06-C-16-070789

PLAINTIFFS MOTION TO STRIKE FILINGS WHICH DO NOT CONFORM TO THE

COURTS ORDER ENTERED ON 29 SEPTEMBER, 2016 (DOCKET ITEM 77/0)
COMES NOW William John Joseph Hoge and moves this Court to strike all
filings which do not conform to its Order entered on 29 September, 2016. In support
of his motion Mr. Hoge states as follows:
At the 27 September, 2016, motions hearing the Court issued a verbal order
to Defendants Brett Kimberlin and Tetyana Kimberlin to correct the signature
blocks to bring them into full compliance with Rule 1-311. The Court issued a
written Order (Docket Item 77/0) the next day, and that Order was entered into the
docket on the 29th.
NO ATTEMPT WAS MADE TO CORRECT MOST OF THE FILINGS
The Kimberlins were given until 12 October, 2016, to correct the signature
blocks in the following Docket Items: 1/1, 1/2, 44/0, 44/2, 46/0, 46/2, 47/2, 48/1, 19/1,
55/1, 58/0, 58/2, 63/1, and 66/1. Order at 2. No revised versions of any of those
Docket Items were submitted, except for a new Answer (Docket Item 1/4) which
appears to a new version of Docket Item 1/2.

Because the Kimberlins have not obeyed the Courts Order with respect to
Docket Items 1/1, 44/0, 44/2, 46/0, 46/2, 47/2, 48/1, 19/1, 55/1, 58/0, 58/2, 63/1, and
66/1, they should now be stricken pursuant to Rule 1-311, and this case should
proceed as if they were never filed.
DOCKET ITEM 1/4 DOES NOT COMPLY WITH RULE 1-311
Docket Item 1/4 shows no address, telephone number, or email address for
Brett Kimberlin, but does show an address, telephone number, and email address
for Tetyana Kimberlin. They are married, so one might incorrectly assume that the
address and telephone number are associated with their shared residence. This is
not the case.
The Beech Tree Road address provided is the address listed as the mailing
address for Brett Kimberlins employer shown on the most recently available 990
and 990-EZ IRS forms filed by Justice Through Music Project and Velvet Revolution
US. Exhibits A and B. Further, when service of process was attempted on the
Kimberlins at that address, the deputy sheriff could not find them there.1 The
phone number listed is for Brett Kimberlins business telephone at Justice Through
Music Project. The email address listed is Brett Kimberlins Justice Through Music
Project business email address. While it is reasonable for Brett Kimberlin to
provide his business address to the Court as contact information, that is not valid

Indeed, the deputy reported in her Affidavit that she was informed by a neighbor
that Mrs. Kimberlin had not lived there for some time. See Docket Item 19/0.
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for Tetyana Kimberlin, and that contact information was only provided for her.
There is nothing following Brett Kimberlins signature.
On information and belief, Tetyana Kimberlin resides in Cabin John,
Maryland, and has her own telephone number. Further, she was known to have her
own email account as recently as October, 2015, when she filed a motion in Walker
v. Kimberlin, et al., Case No. 398855-V, Docket Item 40, (Md. Cir.Ct. Mont. Co. Oct.
7, 2015) relating to email received on that account. Exhibit C.
The Kimberlins have not only failed to provide the information required in
their signature blocks, but they have also provided information that is most likely
false. While it is unusual for Brett Kimberlin to be a defendant in a Maryland civil
action, this is not his first time as a pro se litigant. Over the past four years, he has
used pro se status as an excuse to flout the Maryland Rules and the Federal Rules
of Civil Procedure unless he is strictly held to account. Indeed, Brett Kimberlin
routinely complains that a court is treating him unfairly whenever he is required to
abide by the Rules. For example, this exchange occurred as part of a conference at
the bench during the recent Walker v. Kimberlin, et al. trial:
MR. KIMBERLIN: Your Honor, you are being very unfair to me -THE COURT: OK -MR. KIMBERLIN: -- This man has, this, this -THE COURT: -- Mr. Kimberlin, Im not going to listen to this. As
Ive explained, you may think Im being very unfair to you, I have
bent over backwards to be fair to both sides in this case, including
not granting the motion for summary judgment, probably at a time
when I should have, because you had violated and your wife had
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violated the Rules left and right. But as a matter of discretion, and
I think I said in fairness, even though he is probably entitled to a
motion for summary judgment, this is a case that should be tried by
jury, and the jury should hear this, and let them decide.
MR. KIMBERLIN: OK -THE COURT: So I do not -MR. KIMBERLIN: -- I have -THE COURT: -- wish to hear that Ive been unfair to you. I kept
this out, this information out entirely, although I thought it was
probative, until you opened the door by lying to the jury.
MR. KIMBERLIN: I didnt lie.
THE COURT: You did lie, sir. Lets get the jury.
Walker v. Kimberlin, et al., Case No. 398855V (Md. Cir.Ct. Mont. Co. Aug. 13, 2016)
as transcribed from the court audio by Mr. Hoge.
The time has come to bring the Kimberlins misbehavior to an end.
Therefore, the Court should also strike Docket Items 1/2 and 1/4, and the case
should proceed as if Docket Items 1/2 and 1/4 were never filed.
CONCLUSION
WHEREFORE, Mr. Hoge asks the Court to STRIKE Docket Items 1/1, 1/2, 1/4,
44/0, 44/2, 46/0, 46/2, 47/2, 48/1, 19/1, 55/1, 58/0, 58/2, 63/1, and 66/1 and to GRANT
such other relief as the Court may find just and proper.

Date: 18 October, 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 October, 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
Brett Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817
Tetyana Kimberlin by First Class U. S. Mail to 8100 Beech Tree Road, Bethesda,
Maryland 20817

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: 18 October, 2016
William John Joseph Hoge

Exhibit A
Extract from the Justice Through Music Project IRS Form 990 for 2014.

Exhibit B
Extract from the Velvet Revolution US IRS Form 990-EZ for 2014.

Exhibit C
Protective Order sought by the Kimberlins in Walker v. Kimberlin, et al., Case No.
398855V, Docket Item 40 (Md. Cir.Ct. Mont Co. Oct 7, 2015).