"

U.S. DISTRICT COURT FOR THE

DISTRICT OF MARYLAND
(Northern Division)


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.
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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.
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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
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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
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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






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EXHIBIT C

A SAMPLING OF BLOG POSTS
DEMONSTRATING HOGES
LACK OF RESPECT FOR
SCHMALFELDTS
INTELLIGENCE, HIS
FONDNESS FOR DEROGATORY
NICKNAMES, AND HIS
OVERALL HUBRIS
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