William John Joseph Hoge,

Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND
Case No. 06-C-16-070789

PLAINTIFFS OPPOSITION TO DEFENDANT SCHMALFELDTS MOTION TO DISMISS

FOR IMPROPER VENUE (DOCKET ITEM 57)
COMES NOW William John Joseph Hoge and opposes Defendant Schmalfeldts
Motion to Dismiss for Improper Venue. In opposition Mr. Hoge states as follows:
I. SCHMALFELDTS MOTION IS IMPROPER BECAUSE HE HAS ALREADY FILED A
MOTION TO DISMISS PURSUANT TO RULE 2-322
Defendant Schmalfeldt filed a motion to dismiss for lack of personal
jurisdiction (Docket Item 16) which the Court has denied (Docket Items 53 and 54).
Under Rule 2-322(f) he is not entitled to a second motion based on defenses he
neglected to raise in his earlier motion. Therefore, Schmalfeldts motion to dismiss
for improper venue should be denied pursuant to Rule 2-322(f).
II. VENUE IS PROPER IN CARROLL COUNTY
Under the provisions of Cts. & Jud. P. 6-201 and 6-202 this Court is a
proper forum for the instant lawsuit.
If there is more than one defendant, and there is no single venue
applicable to all defendants, under subsection (a) of this section, all
may be sued in a county in which any one of them could be sued[.]
6-201(b).

In addition to the venue provided in 6-201 or 6-203, the

following actions may be brought in the indicated county:

(11) Action for damages against a nonresident individual -- Any

county in the State[.]
6-202. There are multiple defendants, some residing in Maryland and some not.
Schmalfeldt, for example, resides in Wisconsin. Because Mr. Hoge is suing
Schmalfeldt, a nonresident individual, for damages, he may bring suit in any county
in Maryland. Therefore, the instant lawsuit may be brought in Carroll County, and
this Court is a proper venue.
Schmalfeldts motion to dismiss for improper venue should be denied
pursuant to Cts. & Jud. P. 6-201 and 6-202.
CONCLUSION
WHEREFORE, Mr. Hoge asks the Court to DENY Defendant Defendant
Schmalfeldts Motion to Dismiss for Improper Venue (Docket Item 57) and for such
other relief as the Court may find just and proper.
Date: 24 June, 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 24th day of June, 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
William Ferguson by First Class U. S. Mail to 10808 Schroeder Road, Live Oak,
California 95953
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 (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: 24 June, 2016
William John Joseph Hoge

William John Joseph Hoge,

Plaintiff,
v.
Brett Kimberlin, et al.,
Defendants.

IN THE

CIRCUIT COURT FOR CARROLL COUNTY

MARYLAND
Case No. 06-C-16-070789

PROPOSED ORDER
Upon consideration of Defendant Schmalfeldts Motion to Dismiss for
Improper Venue (Docket Item 57), Plaintiffs Opposition thereto, and any Reply to
Plaintiffs Opposition, this _________ day of _________________, 2016, said motion is
DENIED.

IT IS SO ORDERED.

________________________________
JUDGE FRED S. HECKER,
Circuit Court for Carroll County