UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
GREENBELT DIVISION
(.
I'" _
:~I
, ":J
BRETT KIMBERLIN,
Plaintiff,
v.
NATIONAL BLOGGERSCLUB, etal,
Defendants
No. PWG 13 3059
PLAINTIFF'S RESPONSE TO DEFENDANT HOGE'S TWO LATEST FILINGS
Now comes Plaintiff Brett Kimberlin and responds In opposition to Defendant
William Hoge's two latest filings, the first complaining about Plaintiffs status report
and the second asking that the case be dismissed against four defendants because
Defendant Hoge did not receive his copies of Plaintiffs responses in the mail.
1. Narya day goes by without Defendant Hoge falsely accusing Plaintiff of some
sort of crime or malfeasance, if not in a court filing then on his blog. This
harassment has been ongoing for the past two years, and it goes to the heart
of Plaintiffs Complaint, that this pattern of defamatory intimidation and
constant "threats of doom" are being done to retaliate and chill Plaintiffs
right to redress.
2. Defendant Hoge's every waking moment seems to be dedicated to harassing
Plaintiff, his family and anyone who supports Plaintiff. When the Howard
County State's Attorney refused to accept false criminal charges against
Plaintiff, Defendant Hoge began a brutal online campaign called "Everybody
Blog About Howard County Prosecutors" which resulted weeks of
harassment against the State's Attorney by Defendant Hoge and his "Army of
Davids," including threats. Exhibit A.
Case 8:l3-cv-03059-PWG Document 49 Filed 0l/30/l4 Page l of 4
3. When a reporter wrote stories about Defendant Hoge's obsessive,
threatening and bizarre conduct, Defendant Hoge filed more than 360
criminal charges against the reporter in Carroll County. Every time the
Carroll County State's Attorney dismisses the charges, Defendant Hoge files
more. See e.g., Exhibit B. On Monday, january 27, 2014, Defendant Hoge was
forced into mediation by the Carroll County State's Attorney, which resulted
in the dismissal of his latest3S3 criminal charges against the reporter.
4. Plaintiff is at a loss at how to stop Defendant Hoge from his harassing
conduct In his latest filing, he states falsely Plaintifffailed to serve him, yet it
was Hoge who failed to go to the Post Office to pick up the package after the
notice was left at his home. See USPS tracking page at Exhibit C. It sat in the
Post Office for seven days while Defendant Hoge schemed at how he could
falsely accuse Plaintiff offailing to serve him. Finally, on january 29,2014,
the package was returned to Plaintff and it clearly shows that it was
delivered and held by the Post Office on january 18, 2014, and then returned
to Plaintiff on january 27,2014. Id.
5. Defendant Hoge has refused Plaintiffs offer of electronic service because he
delusionally believes that Plaintiff will infect his computer with malware and
hack his computer, yet he won't take the time to go to the Post Office to pick
up a package served through the USmail.
6. Incredibly, Defendant Hoge has copies of the responses he said he did not
receive because he has posted excerpts from them on his blog. Exhibit D. So
he has notice and possession of the responses, which he got either from
PACERor a co-defendant, and that is most likely why he did not want to go to
Case 8:l3-cv-03059-PWG Document 49 Filed 0l/30/l4 Page 2 of 4
the Post Office and get another copy. This better served his purposes of
falsely accusing Plaintiff of failing to serve him.
7. Despite this, Plaintiff On January 25,2014, again sent Defendant Hoge
another copy of the four pleadings filed on the 17
th
in the hope thatthe
Postman will catch him at home. The tracking number is
9114901230801227766014 and it was delivered to him on January 27, 2014.
Exhibit E.
8. In his filing about the status report, Defendant Hoge falsely accuses Plaintiff
of things that Plaintiff can't even understand. Plaintiff has no idea what he is
complaining about.
9. In short, Defendant Hoge makes wild allegations, many which are impossible
to comprehend, in order to harass Plaintiff. He sends copies of these
delusional motions to all the other defendants thereby wasting their time. He
posts them on his blog along with requests for donations telling his readers
that he is going to have Plaintiff jailed or have the case dismissed.
Responding to these is a huge waste of time and judicial resources.
Wherefore, for all the above reasons, this Court should deny Defendant Hoge's latest
two pleadings and order him not to waste everyone's time with his nonsensical,
obsessive and malicious filings.
Respectfully submi te
Brett Kimberlin (
8100 Beech Tree Rd/
Bethesda, MD 20817
(301) 320 5921
justjcejtm p@comcast.net
Case 8:l3-cv-03059-PWG Document 49 Filed 0l/30/l4 Page 3 of 4
CERTIFICATEOFSERVICE
I certify that I emailed a copy of this motion to Andrew Smith, Mark BaiIen,
Caitlyn Constestable, Ron Coleman, and mailed copies to James Skyles, Willia
Hoge, and Aaron Walker thiS~ day of January, 2014.
Brett Kimberlin
Case 8:l3-cv-03059-PWG Document 49 Filed 0l/30/l4 Page 4 of 4
Everyone Blog About the Howard County
State's Attorney's Office Day
www Ho~eWasb com Posted on 8 April. 2013
It's been two weeks since I requested answers to these questions:
1. Is it the position of the State's Attorney that operation of a blog
allows one unlimited license to contact another person without
regard to Maryland Criminal Statutes 3-803 and/or 3-805?
2. Does Mr. Broccilino believe that a public person such as himself
may not seek to demand that someone cease contacting him as
provided by Maryland Criminal Statutes 3-803 and/or 3-805?
3. Is it the policy of State's Attorney that non-residents of Maryland
must or should avoid entering the state if they are being stalked by
a Maryland resident?
I have not yet received a response from either State's Attorney
Dario J. Broccolino or a member of his staff.
I was prompted to ask these questions because of his office's
handling of harassment complaints filed by families from Texas and
Virginia that were not prosecuted. Of course, it is possible that a
complaint can be filed without sufficient supporting evidence.
However, it appears that all of the evidence necessary to establish
that harassment occurred and who did it was well documented.
The State's Attorney's Office's response was
Stay off the Internet if you don't want to be harassed.
The Virginia family has also be stalked by a convicted violent felon
for the past year. After the wife was stalked by that individual in a
Howard County courthouse parking lot, she was told
If you're so concerned for your safety, stay out of Maryland.
Case 8:l3-cv-03059-PWG Document 49-l Filed 0l/30/l4 Page l of 2
-- .
Moreover Jim Brewer, the Assistant State's Attorney who handled
both cases, had no interest in hearing from the complainants. He
told them up front that his decision not to prosecute had been
made.
Over the past couple of weeks, I've encouraged others to contact
the Howard County State's Attorney's Officeto see what they could
find out about these questions and suggested that today should be
a date to report their findings. I look forward to their reports.
UPDATE-One theme that seems to be emerging in the early posts
for Everyone Blog About the Howard County States' Attorney's Office
Day is that most blogger's requests for information have been
ignored. In fact, the only response published as of 6:30 am ETwas
this one, received by the anonymous blogger who uses the nom de
cyber of R. M. Nixon (Deceased):
The ONLY response I have received, as a private citizen is an email
requesting my real identity, driver's license information, social
security number as a requirement for a response to Maryland
residents only.
Why would driver's license and social security information be
required in order for a State's Attorney to give an answer about
how laws are interpreted? Why can't an out-of-state person inquire
about how Maryland's law might affect him or his travel plans?
Hmmmm.
UPDATE2-Here is a list of participating bloggers.
Case 8:l3-cv-03059-PWG Document 49-l Filed 0l/30/l4 Page 2 of 2
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Case 8:l3-cv-03059-PWG Document 49-3 Filed 0l/30/l4 Page 2 of 2
'" .
Team Kimberlin Post ofthe Day
www,HQgeWash,cQrnpQsted Qn22 January. 2014
I
I've been trying to make some sense of the responses that The
Dread Pro-Se Kimberlin filed to the motions to dismiss from Aaron
Walker, DB Capitol Strategies, The Franklin Center, and me in
the Kimberlin v. the Universe, et al. RICOMadness. Some of his
allegations contradict others.
The RICO Enterprise
115. At all relevant tUlles from November 2011 through thL' prL'sent d<l)'.
The RICO Enterprise was an ongoing rL'lationship, bUSInL's' and criminal.
among all Dcfendanl'i, with the common purpose of creating false
narratives. publishing false narratives, using threats, extortion.
intimid.ltion, harassment. assault, fraud, :lnd misuse of government
.lgencics to smear and harm Plaintiff.
Here's an example. This first bit is from TDPK's Amended
Complaint.The important thing to note from this is TDPK's
Case 8:l3-cv-03059-PWG Document 49-4 Filed 0l/30/l4 Page l of 2
r •
allegation that his mythical RICOEnterprise existed since
November, 2011, and that all the defendants were members from
the beginning.
One the points that each of the motions to dismissed raised was
that TDPKfailed to meet the requirement to outline the structure
of the RICOEnterprise in his Amended Complaint He attempted to
address that error by pleading new "facts" in his response to my
motion. (That's improper. He's supposed to explain why his
allegations were sufficient, not make new ones.) In that response
he imagines that the National Bloggers Club is the RICOEnterprise.
31. Most of the Defendants arc members of, paid by or otherwise involved with
the Nntional Bloggers Club in some fashion. Defendant Ali Akbar is the bo s,
Patrick Frey is the consigliore, DBCapitol Strategies is the legal muscle. and
various other Defcndnnlo; arc the lynch mob, taking orders from Defendants
Akbar and Frey to harass Plaintiff through various means such as physical
assault, stalking. malicious legal filings, and false allegations online.
However, TDPKcreates a problem for himself by trying to make the
National Bloggers Club the RICOEnterprise. He alleged the
following in his Amended Complaint. Doyou see the problem?
TDPKalleges that the RICOEnterprise existed since November,
2011, and that it is an organization that was created in February,
2012.
Oops.
Also, he alleges that all members were in the RICOEnterprise from
Day One. I suppose I might have remembered something about a
guy who claimed to have been Dan Quayle's dope dealer, but I
really wasn't aware of Brett Kimberlin until late May, 2012. I wrote
myfirst post about him on 23 May. Oh, and I didn't join the National
Bloggers Club until March, 2013.
#Fail
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