BRETT KIMBERLIN, * * INTHE CIRCUIT COURT OF Plaintiff, : * MARYLAND FOR v. . * MONTGOMERY COUNTY WILLIAM HOGE, * * Case No. 403868V Defendant * Specially Assigned to Judge Mason DEFENDANT HOGE’S OPPOSITION TO PLAINTIFF'S MOTION FOR CONTINUANCE OF THE MARCH 10 MOTIONS HEARINGS 1. Plaintiff has requested a 60-day continuance of a scheduled March 10" Motions Hearing (Docket #169); a Motions Hearing that was specifically scheduled for March 10" because Plaintiff begged off an earlier January 2016 date, 2. Plaintiff filed his motion on February 24, 2016 with the following “Certificate of Service”: | certify that I mailed a copy of this motion to the attorneys in this case, including Mark Bailen, and Defendant Walker this 24nd day of February, 2016 3. We would have responded in opposition to his motion sooner but Mr. Hoge’s attorney never received such a mailing. Instead, he only got an unsigned copy via email which Plaintiff waited until after 9PM on the evening of Sunday, February 28, 2016 to send — more than four days after his purported mailings. RECEIVED ar 0125 ci rt Clerk ot ine Circuit Cou ‘Montgomery County, Nid.|. To be clear, Mr. Hoge opposes any such continuance in this matter. We have been ready for this for months and Mr. Hoge’s attorney, Patrick Ostronic, has specifically scheduled international business travel around this March 10" hearing, . Asa reminder to the Court, Plaintiff had filed a similar suit against Mr. Hoge way back on August 30, 2013. That case (380966V) was also heard here in the Circuit Court. . In that previous case, Plaintiff alleged that Mr. Hoge had committed the following torts: malicious prosecution, conspiracy to abuse process, defamation, false light invasion of privacy, harassment, intentional infliction of emotional distress, and stalking. At a July 1, 2014, hearing, Judge McGann granted summary judgment to Mr. Hoge on every claim but defamation and false light. On August 11-12, 2014, a trial by jury was held on those remaining counts before Judge Eric Johnson. At the end of Plaintiff's presentation of evidence, Mr. Hoge moved for judgment which Judge Johnson granted, The court found that the Plaintiff had not introduced any evidence that Mr. Hoge’s statements were false. . Plaintiff then filed several notices of appeal which were consolidated. Plaintiff challenged the grant of summary judgment on three of the claims (abuse of process/malicious prosecution, conspiracy, and intentional infliction of emotional distress), judgment on the remaining two counts, and the trial court's overall procedural handling of the case. . On February 2, 2016, the Court of Special Appeals, in an unreported opinion by Judge Nazarian, affirmed the Circuit Court’s judgments. . We also note that the present case arises out of Plaintiff's failure to make any kind of case against Mr. Hoge stick in the federal district court. In other words, Mr. Hoge has been extensively dealing with Plaintiff on these matters for over two and a half years.10. This Court has been more than patient and fair with Plaintiff but eno h is enough. Plaintiff is making the process the punishment. Accordingly, we respectfully request this, Court deny Plaintiff's motion. pute: “Lind, /, 2/6 Certificate of Service other defendants or their counsel. Respectfully submitted, F. Patrick Ostronie 932 Hungerford Drive, Ste. 28A Rockville, Maryland 20850 fpolaw@fpolaw.com (410) 440-4833 Pro Bono Couns el for Defendant 2016, I mailed a copy of this filing to I certify that on the day of (Lire Brett Kimberlin at ethesda, Mat 932 Hungerford Drive, Ste. 28A. Rockville, Maryland 20850 fpolaw@fpolaw.com (410) 440-4833 Pro Bono Counsel for DefendantTHE CIRCUIT COURT OF MARYLAND FOR MONTGOMERY COUNTY BRETT KIMBERLIN, Plaintiff, Case No. 403868V NATIONAL BLOGGERS CLUB, et al. Defendants ORDER DENYING PLAINTIFF'S MOTION TO CONTINUE THE MARCH 10, 2016 HEARINGS RDER Upon consideration of the relevant filings, it is this day of 2016, by the Circuit Court of Maryland for Montgomery County ORDERED that Plaintiff's Motion for Continuance of March 10, Motions Hearing is DENIED. Judge, Circuit Court of Maryland for Montgomery County