IN THE CIRCUIT COURT OF
CARROLL COUNTY, MARYLAND
WILLIAM HOGE,
Plaintiff,
v. No. C-16-70789
BRETT KIMBERLIN, et al.,
Defendants
DEFENDANT BRETT AND TETYANA KIMBERLINS’ REPLY TO PLAINTIFF'S
OPPOSITION TO THEIR MOTION FOR CONTEMPT
Now come Defendants Brett and Tetyana Kimberlin and reply to Plaintiff's
Opposition to their Motion for Sanctions. Plaintiff asserts that the transcripts he
tried to dupe Defendant Tetyana Kimberlin into admitting are the correct
transcripts in the Walker case. He then baldly and falsely accuses Defendants of
filing forged transcripts in this case. This is an outrage.
1. The transcripts Plaintiff attached to his Opposition filed in this case are not
correct and Plaintiff knows it. He was present at the trial during the statements
made by Tetyana Kimberlin and therefore he knows that they are not correct, yet he
now has compounded his misconduct by doubling down and asserting that the
transcripts are correct and that Defendants forged them. He has copies of the audio
of the trial, has listened to it, and knows what Tetyana said. His in privity
conspirator, Aaron Walker, was also at that trial and knows that the transcripts he
filed are not correct. Plaintiff is trying to con Tetyana and this Court with incorrect,
transcripts to make it appear that Tetyana admitted to lying to protect her children.
This is abhorrent, despicable and sanctionable conduct.2. Today Defendant Brett Kimberlin telephoned the Transcription Services
Department Dep
ion Services, Inc. 12321 Middlebrook Road, Suite 210,
Germantown, MD 20874. Phone: (301) 881-3344, Ext. 1030, which transcribed the
trial, and asked them to confirm that the transcripts they provided to Defendants
are the correct transcripts. They did confirm that those transcripts are correct and
that the transcripts filed by Plaintiff are not correct. They asked Defendant to
contact the Maryland Court of Special Appeals and make sure that COSA has the
correct transcripts, and they said that on Monday, May 24, they will send the correct
transcripts to the Montgomery County Circuit Court Clerk for transmittal to the
COSA. Defendant Brett Kimberlin filed a Motion today with the COSA advising them
that Plaintiff has used the incorrect transcripts in the instant case.
3, Defendant Brett Kimberlin received a copy of the correct certified transcripts
on February 1, 2017, by email from the Transcription Services, and the order
number is Transcript for MC Request ID 3826.
4, In this case of “he said, she said,” this Court can easily determine who is
telling the truth by contacting the Transcription Services Department since they are
an arm of the Circuit Court. ‘They will confirm that the transcripts submitted by
Defendants are the correct transcripts. This Court cannot allow Plaintiff to use
incorrect transcripts in this case to create the false impression that Tetyana is a liar
and a perjurer and a forger.
5, Plaintiff could have spent five minutes calling the Transcription Service
himself to determine if his transcripts were correct. However, he did not do so
because he knew that they would tell him that Tetyana said “like” instead of “lie.”Only by feigning ignorance could Plaintiff make his bald faced sanctionable
argument to this Court that he submitted the correct transcript and Defendants
forged theirs.
6. Now that Plaintiff has been caught presenting incorrect transcripts, he may
attempt to argue that the transcriber made a mistake and initially filed the incorrect
transcripts with the COSA, and so Plaintiff in good faith yet erroneously used those
transcripts in this case. However, that is no excuse because Plaintiff and Aaron
Walker were both at the trial and know exactly what Tetyana said. They have copies
of the audio which clearly shows that she used the word “like” instead of “lie,” They
also know that the context of the word “lie” would make no sense in her argument to
the jury, Clearly, Plaintiff is trying to intentionally mislead this Court in order to
gain a tactical advantage in this case.
7. This case has turned into a charade with Plaintiff as the grand director of the
masquerade creating illusions, distractions and tricks while playing the Court and
the parties as fools. Well, Plaintiff's gig is up, and the curtain has been pulled back
exposing Plaintiff's fraud upon us all. He got caught red handed and now the time
for sanctions has come, Lawsuits are not games of “gotcha” where the party who
plays the foulest wins. Plaintiff's foul has been called and itis time that he pay the
piper.
Wherefore, Defendants move this Court to sanction Plaintiff for trying to dupe
Defendant Tetyana Kimberlin, and for now intentionally trying to dupe the Court
with incorrect transcripts that he knows are not correct, and con the Court with a
malicious argument that Defendants submitted a forged transcript.“la
Tetyana Kit
Brett Kimberlin-