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 willbe 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 ahearing 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.