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 DEFENDANT BRETT KIMBERLINS MOTION TO

CONTINUE TRIAL DATE

COMES NOW William John Joseph Hoge and opposes Defendant Brett

Kimberlins Motion to Continue Trial Date. In opposition Mr. Hoge states as

follows:

First, the Kimberlins wanted to delay the trial because it conflicted with their

vacation. Now, Brett Kimberlin wants a delay because he claims Tetyana

Kimberlin is out of the country until the end of August.

The Courts Order of 25 April, 2017, (Docket Item 140/0) informed the

Kimberlins that they must confer with all the other parties in the case before

asking for a change in the trial date. As Kimberlin admits in paragraph 4 of his

motion, he has not consulted with Mr. Hoge concerning any delay in the start of the

trial. Tetyana Kimberlin also has not contacted Mr. Hoge. Thus, the Court should

summarily deny Kimberlins Motion to Continue.

The Court only has the word of Brett Kimberlin, a convicted perjurer who
was called out for lying on the witness stand by Judge Mason1 in the Walker v.

Kimberlin, et al., Case No. 398855V (Md. Cir.Ct. Mont. Co. 2016) lawsuit, that

Tetyana Kimberlin will be unavailable on the scheduled dates of the trial. He offers

no evidence of Mrs. Kimberlins current whereaboutshe has provided no copies of

tickets, travel documents, or an itinerary. He claims that she is overseas tending to

a sick relative but does not say where she is or specify her relationship to the sick

relative. Also, he does not provide any statement from an attending medical

professional describing the nature of the relatives illness or injury or giving a

prognosis that would suggest that Tetyana Kimberlin would be free to return in

time for the trial. The Court should be skeptical of vague, bare statements from

Brett Kimberlin unsupported by evidence or sworn testimony.

The best evidence that Mrs. Kimberlin cannot be available would be her own

affidavit explaining her situation. If she is in her native Ukraine, it should not

have been too difficult for her to mail such a document to support a motion for

continuance.2 Yet, Brett Kimberlin has not provided any such statement from her.

Further, even if Tetyana Kimberlin is a necessary witness for Brett Kimberlin, he

has not provided the affidavit required by Rule 2-508(c) to support his motion. The

Court should deny Kimberlins Motion to Continue.

Finally, Brett Kimberlin states that his motion is on his behalf and on behalf

1See the transcript extracts in Docket Item 111/3, Exs. D and E, especially Ex. E at
18, lines 2-8.
2Indeed, she could have sought permission for an appearance via Skype during the
14 July, 2017, show cause hearing.

2
of Tetyana Kimberlin. Motion at 2. Because Kimberlin is not an attorney, it is

clearly improper for him to be filing a motion on his wifes behalf.

CONCLUSION

WHEREFORE, Mr. Hoge asks the Court to deny Defendant Brett Kimberlins

Motion to Continue Trial Date and to grant such other relief as the Court may find

just and proper.

Date: 14 July, 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 14th day of July, 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

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: 14 July, 2017

William John Joseph Hoge