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. 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l Tracking Number: 9114901159815532938543 ExpeCled Delivery Dale: January 18, 2014 Your ilem was undeliverable as addressed al 9:36 am on January 24, 2014 in WESTMINSTEI informalion is available. Product & Tracking Information POSIaI Product: Features: Priomy Mail l-Day ~ $50 insurance inclUded USPS Tracl<ing ~ DATE & T1ME STATUS OF ITEM LOCATION January 24, 2014 , 9:36 Undeliverable as WESTMINSTER, MD 21157 am Addressed January 18. 2014 . 9:55 Notice Left WESTMINSTER, MD 21157 am January 18,2014,9:53 Sorting Complete WESTMINSTER. MD 21157 am January 18, 2014 , 7:57 Arrival at Post WESTMINSTER. MD 21157 am Office January 18, 2014 Depan USPS SOrt LINTHICUM Fadl,ty HEIGHTS, MD 21090 January 18. 2014 ,5:13 Processed at USPS LINTHICUM am Ongin SOrt Fadfity HEIGHTS, MD 21090 January 18. 2014 Depan USPS SOrt CAPITOL HEIGHTS. MD 20790 Facillry January 17, 2014.11:11 Processed at USPS CAPITOL HEIGHTS, MD 20790 pm Ongin Son Fad~ty January 17. 2014.5:25 Dispalcl1ed to Son CABIN JOHN. MD 20818 pm Fadhty January 17. 2014 ,2:29 Acceptance CABIN JOHN. MD 20818 pm Case 8:l3-cv-03059-PWG Document 49-3 Filed 0l/30/l4 Page l of 2 www.usps.com From: TO: ~ UNITED STATES ~ POSTJ3L SERVICE. 111\"1r IiITI!'\ \I 9114901159815532938543 L lJ ~Q ,u ...,.,<u ,<"~ IOZ"l L 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 Case 8:l3-cv-03059-PWG Document 49-4 Filed 0l/30/l4 Page 2 of 2 ~USPS.COM. Ship a Package y Send Mall y Manage Your Mail y USPS Tracking Tracking Number. 9114901230801227766014 Expected Delivery Day: Monday, January 27, 2014 Product & Tracking Information DE Ava Postal Product: Priority MaiI1-Day'" Features: $50 insurance included ~.:: USPS Tracking '" January 27, 2014,2:33 pm January 27,2014,10:09 am January 27, 2014,9:59 am January 27, 2014,6:22 am January 27,2014 January 26, 2014,11:13 pm January 25,2014 ,7:45 pm January 25, 2014,1:46 pm January 25, 2014,12:50 pm Delivered Out for Delivery Sorting Complete Arrival at Post Office Depart USPS Sort Facility Processed at USPS Origin Sort Facility Processed at USPS Origin Sort Facility Dispatched to Sort Facility Acceptance ; WESTMINSTER, MD 21157 WESTMINSTER, MD 21157 WESTMINSTER, MD 21157 WESTMINSTER, MD 21157 LINTHICUM HEIGHTS, MD 21090 LINTHICUM HEIGHTS, MD 21090 CAPITOL HEIGHTS, MD 20790 CABIN JOHN, MD 20818 CABIN JOHN, MD 20818 Case 8:l3-cv-03059-PWG Document 49-5 Filed 0l/30/l4 Page l of l
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