IN THE CIRCUIT COURT OF CARROLL COUNTY, MARYLAND WILLIAM HOGE, Plaintiff, ve No, C-16-70789 BRETT KIMBERLIN, et al., Defendants DEFENDANTS BRETT AND TETYANA KIMBERLIN’S REPLY TO PLAINTIFF'S OPPOSITION TO TRANSFER OF THE CASE Defendants Brett and Tetyana Kimberlin hereby reply to Plaintiff's Opposition to their Motion to Transfer Case to Montgomery County. 1. Plaintiff argues that Defendants are trying to stall or stop discovery by moving to transfer. That is not the case. Discovery is over on the 14* of April 2017. ‘There may be a few residual motions by Plaintiff to compel this or that, but Defendants have no objection with this Court transferring this case following completion of discovery matters. 2. Plaintiff argues that transfer is not any more convenient in Montgomery County than Carroll County because two potential witnesses, Ken Grote and Judge Stansfield reside in Carroll County. First, itis very unlikely that either Mr. Grote or Judge Stansfield will testify in this case or that they could be compelled to testify. ‘Second, neither person has been named as an absolute witness. Third, any potential testimony from those witnesses could be gotten without having them come to Montgomery County, such as by affidavit.3. Private Attorney Tae Kim does not even live in Carroll County and William. Schmalfeldt will more than likely appear remotely due to his advanced Parkinson's disease. 4. Plaintiff states falsely that there are no pending cases in Montgomery County. In fact, as Maryland Case Search shows as of April 11, 2017, Case number 398855V, Walker v. Kimberlin, is still open and post trial motions are still pending, including a Motion to Strike Cross Notice of Appeal. 5. As noted, Plaintiff forum shopped this case when he filed in Carroll County. He knew that the judges in Montgomery County were aware of his serial harassment of the Kimberlin’s, and hoped that a new judge in Carroll County would rule differently than those in Montgomery County. 6. Out ofall the defendants sued by Plaintiff in this case, only three are left—the two Kimberlins and Bill Schmalfeldt. Mr. Schmalfeldt's case involves a contract dispute that has nothing at all to do with the case against the Kimberlin’s. There will be no overlap of law or fact in their cases. 7. This case is scheduled for a three-day trial, which will be very inconvenient for Defendants. They have two daughters and an elderly relative they care for. Brett Kimberlin is the director of a non-profit in Bethesda, ‘The travel back and forth to Westminster during rush hour for three days will cause them tremendous inconvenience. Scheduling witnesses will be difficult. Defendants’ children will be testifying about Plaintiff's serial harassment of them, yet Defendants will not be able to take them back home or protect them after their testimony. Such testimony willbe very emotional and traumatic necessitating the need for other family members and friends to be present to comfort these children before and after their testimony. 8. Atone hearing in Montgomery County Circuit Court, Plaintiff harassed one of Defendants’ daughters after a hearing that resulted in her becoming hysterical. Fortunately, Defendant Brett Kimberlin was present and was able to remove her from the waiting area and calm her down. 9. Atanother hearing in Montgomery County, Plaintiff's boss and predator in kind Aaron Walker, assaulted Defendant Brett Kimberlin in the Circuit Courthouse landing him in the Emergency Room at Suburban Hospital. The country sheriff deputies had to intervene to deal with that assault. 10, At another hearing in Howard County, Plaintiff's son stalked Defendant Brett Kimberlin and took surreptitious photos of him entering and leaving the courthouse. 11. The past few months, Defendants are being stalked and harassed by Plaintiff and they have reported those incidents to law enforcement officials in Montgomery County. Defendant Schmalfeldt has been suffering extreme harassment, stalking and vandalism by Plaintiff over the past several months and has reported those instances to state and federal law enforcement officials. 12. All of these incidents make Defendants fear for their safety and that of their children if the trial of this case is held in Carroll County. In Montgomery County, Defendants live only ten minutes from the Courthouse. They have family and friends who can protect their children. They have an exceptional relationship with local law enforcement and with the State’s Attorney’s Office. Whenever there is ahearing involving Plaintiff or Walker, extra security is employed to deter any further threats or violence. 13. Plaintiff attempts to bluff this Court with his red herring that he may call witnesses from Carroll County. However, there are no such witnesses. In the Walker case in Montgomery County, Walker only called one witness and that was, Plaintiff Hoge. This case is no different, and Defendants would not be surprised if Plaintiff did not call any witnesses other than himself, Aaron Walker lost his case in Montgomery County so he his testimony would only help Defendants’ case rather than Hoge's. Wherefore, this Court should transfer this case to Montgomery County once the time period for discovery has ended. Respectfully spbipites Brett Kimberity Tetyana Kimberlin /, of f petri + Certificate of Service I certify that I mailed a copy of this answer to vexatious litigant and Plaintiff a re ete, William Hoge this 11th day of April, 2017.