WILLIAM JOHN JOSEPH HOGE ) ) Plaintiff, ) ) Case Number 1:14-cv-01683 ELH v. ) ) WILLIAM M. SCHMALFELDT ) ) Defendant. ) ______________________________) WILLIAM M. SCHMALFELDT ) ) Counterclaim Plaintiff, ) ) Case Number 1:14-cv-01683 ELH v. ) ) WILLIAM JOHN JOSEPH HOGE) et al ) ) Counterclaim Defendants. ) ______________________________)
DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO FILE A SECOND AMENDED COUNTERCLAIM
COMES NOW Defendant and Counterclaim Plaintiff William M. Schmalfeldt in reply to Plaintiff and Counterclaim Defendant William John Joseph Hoge IIIs Opposition to Defendants Motion for Leave to File a Second Amended Counterclaim. # COUNTERCLAIM PLAINTIFFS MOTION IS FAR FROM FUTILE Mr. Hoge thoughtfully reminds the Court that Mr. Schmalfeldt has already amended his counterclaim as allowed under Fed. R. Civ. P. 15(a)(1). Schmalfeldt is more than well aware that he does so without Hoges permission, which is why he is asking court for the leave to file the document. Mr. Hoge has apparently adjudicated all the facts raised in Schmalfeldts counterclaim and, negating the need for a judge or jury, has decided the merits of the case weigh against Schmalfeldt, and thats why the Court should find the Counterclaim futile because Mr. Hoge says it is. It is one thing to say the futility of a brief is obvious on the face of the document. It is quite another thing to explain to the Court why this is the case. Hoge does not attempt to do so, because the futility is that obvious Schmalfeldt supposes. Schmalfeldt does not intend to re-litigate his reasons for filing a second amended counterclaim other than the points already raised in the counterclaim itself. If Mr. Hoge wishes to oppose the second amended counterclaim, it is certainly his right to do so. However, a brief does not suffer from fatal deficiencies just because Hoge says it does. $ Portions of Hoges response are laughable. The contention that Schmalfeldt does not know for a fact that Counterclaim Defendant, the pseudonymous Paul Krendler does not live in Maryland, therefore Schmalfeldt cannot file a diversity question is borderline insanity. The fact that neither Schmalfeldt nor the Court know where Krendler lives while Hoge does as evidenced by Exhibit A (Hoges e-mail from Krendler directing him where to mail the $5 check for transfer of Krendlers world book and ebook rights). Schmalfeldt feels this Court would be within its rights to demand that Hoge reveal the address at once or face contempt charges or criminal charges for obstruction of justice. Mr. Hoge thoughtfully reminds the court that Schmalfeldt does not have standing to file charges against Mr. Hoge for violations of 17 USC 506(c) and (e), a fact recognized by Schmalfeldt and made clear in his Prayer for Relief in the Second Amended Complaint when he asks the Court to refer Hoge for charges for violation of these laws. Hoge states that Schmalfeldt fails to state a claim for which relief can be granted. But there are no specifics, other than the assertion from Hoge that the motion is futile. In regards to Schmalfeldts claim of Defamation or False Light Invasion of Privacy, of course the burden of proof rests on the plaintiff. % Thats what trials are for. Hoge is asking the Court to dismiss the Counterclaim because Schmalfeldt raises issues that must be decided in a court of law. Amazing. Hoge also instructs the Court that Schmalfeldt must plead that such defamation was carried out with malice. Schmalfeldt has already established malice by the fact that Hoge has filed 367 criminal charges against him, all dismissed. Schmalfeldt has alleged that Hoge obtained his Peace Order and its subsequent six-month extension by lying to a Carroll County Circuit Court Judge. That is a pretty clear demonstration of malice. Add to the soup the ingredient of the Peace Order Hoge sought against Schmalfeldt for having the temerity to contact him in a manner not approved in advance by Hoge, and then appealing the Carroll County District Courts decision to send him packing, Schmalfeldt does not feel that proving malice will be a difficult obstacle to overcome. Add the fact that Hoge runs a hate blog dedicated to the destruction of whats left of Schmalfeldts once-sterling reputation, and that he is benefitting from increased readership as a result, we have a very nice defamation soup to serve to the Counterclaim Court. (Exhibit B) Schmalfeldt has already submitted exhibits to the Court demonstrating defamatory, libelous statements made by Hoge. In as much as Hoge continues to claim Copyright ownership of comments sent to his blog (ECF & 45), the old saying goes, you bought it? Its yours. Same with the libelous defamatory blog post written by Krendler. Of course Schmalfeldt can only claim compensation for actual injury. How much is a persons reputation worth? Before Schmalfeldt ever heard of Hoge, a Google check of his name would reveal his work with the National Institutes of Health, his status as one of the founding Program Directors at XM Satellite Radio, his volunteering for experimental brain surgery in the hopes that it might help future generations of Parkinsons disease patients, and his books about his experience with Parkinsons disease. Since Hoge and his readers and commenters Google-bombed Schmalfeldt as a Deranged Cyberstalker and Adjudicated Harasser, those are the top results that pop up in a Google search for my name. Schmalfeldts reputation will live long after he does. Following conclusion of this court business, he intends to use what limited time he has left to attempt to rebuild that reputation by working for laws that protect indigent adults from cyberbullying, the same way current laws protect teenagers. After many unsuccessful attempts to secure legal representation in the instant case because he does not have the money to pay a lawyer up front for his or her services, Schmalfeldt has come to the conclusion that justice may be a concept available only to those who can afford it. He would like to ' change that so others in his position in the future may have resources to properly litigate against the other WJJ Hoges out in the world who think nothing of destroying the most valuable possession a person owns his or her reputation. Hoge claims Schmalfeldt offers no basis for his claim of intentional emotional distress. Schmalfeldt has already offered this Court medical proof that added stress increases the rate at which Parkinsons disease accelerates. Therefore, not only has Hoge been instrumental in destroying Schmalfeldts carefully constructed reputation, he has also likely taken years off of Schmalfeldts life. How does a Court compensate a person for the potential loss of years? If Schmalfeldt were a victim of mesothelioma or any number of the other fatal diseases one sees in the lawfirm commercials, and Hoge were responsible for sprinkling asbestos on Schmalfeldts pillow every night, he would be charged with at the very least attempted murder. But since Hoge did not cause Schmalfeldts Parkinsons disease (the root cause of the disease, what starts the chain reaction death of the dopamine producing neurons in the brain is not yet known), and has merely accelerated its progression, he thinks he has the right to just walk away without sanction, without punishment. This Court can hold him responsible for his portion in ( the destruction of Schmalfeldts reputation and the very real possibility that his actions have taken years off of Schmalfeldts life span. Emotional distress and its intentional infliction is a serious matter. It is the provence of bullies and those who pull the wings off of flies. It is the sort of thing a person with an inferiority complex does to make him or herself feel better about his or her failed lot in life. Hoge clearly believes he is the smartest person in any room. Even the courtroom, where we all witnessed his attempts to instruct the Court on the finer points of Copyright Law. Again, Hoge asserts Schmalfeldts claim for relief is futile. Because he says so. Schmalfeldt has not once in the instant case used the fact that he is pro se as an excuse. The fact that Hoge even mentions it (in his blog, he refers to me these days as the Dreaded Pro Se TM Bill Schmalfeldt (Exhibit C)). Every time someone sues Hoge or attempts a DMCA takedown, it is automatically a vexatious lawsuit or a bogus lawsuit or a vindictive lawsuit. Every legal maneuver Hoge executes is lauded by himself and his readers as the greatest legal victory since Brown v. the Board of Education. The only thing fatally flawed is Hoges approach to the law and to humanity at large. Schmalfeldt explained to Carroll County Circuit Court Judge Thomas Stansfield after he awarded the six-month extension to ) Hoges Peace Order that this behavior by Hoge will continue until someone forces him to stop. Schmalfeldt hopes this Court will finally, at long last, too late for him but sending a message that may help others, make Hoge stop.
DATED: AUGUST 4, 2014 Respectfully submitted,
________________________________________ William M. Schmalfeldt 6636 Washington Blvd. Lot 71 Elkridge, MD 21075 410-206-9637 bschmalfeldt@comcast.net
Verification
I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief and all copies are true and correct representations of the original documents.
William M. Schmalfeldt
Certificate of Service
I certify that on the 4 h day of August, 2014, I served a copy of the foregoing Reply to Plaintiffs Motion for Preliminary Injunction and Memorandum in Support of Defendants Motion to Dismiss by First Class Mail to W.J.J.Hoge, 20 Ridge Road, Westminster, MD 21157, Certified, Return Receipt Requested.
William M. Schmalfeldt "
EXHIBIT A
HOGES EMAIL FROM KRENDLER SETTING UP THE COPYRIGHT TRANSFER "
"
EXHIBIT B
A LINE GRAPH DEMONSTRATING THE NUMBER OF COMMENTS PER DAY ON HOGEWASH.COM FOR JULY 2012, 2013 and 2014 WHICH SHOWS HOW POPULAR HIS BLOG HAS BECOME SINCE HE RESORTED TO WRITING A HATE BLOG FOR THE ENTERTAINMENT OF HIS COMMENTERS
#
"
EXHIBIT C
A SAMPLING OF BLOG POSTS DEMONSTRATING HOGES LACK OF RESPECT FOR SCHMALFELDTS INTELLIGENCE, HIS FONDNESS FOR DEROGATORY NICKNAMES, AND HIS OVERALL HUBRIS "