IN THE CIRCUIT COURT FOR CARROLL COUNTY MARYLAND WILLIAM JOHN JOSEPH HOGE, II ) Plaintiff ) ) v. )} Case No. 06-C-16-070789 ) BRETT KIMBERLIN, et al., ) Defendants ) ) DEFENDANT SCHMALFELDT’S MOTION TO AMEND HIS RESPONSE TO PLAINTIFF HOGE’S MOTION FOR SUMMARY JUDGMENT 1. NOW COMES pro se defendant William M. Schmalfeldt, Sr., (DEFENDANT) with this Motion to Amend His Response to Plaintiff WJ Hoge III's Motion for Summary Judgment. FACTS 2. Defendant Schmalfeldt was mistaken in his belief that Hoge did not mail a request. for admission of facts and genuineness of documents, Defendant sincerely did not remember having received such a document, and despite several attempts to have Mr. Hoge provide proof of mailing, he waited until this late date to provide a copy of a blog post written by defendant acknowledging the document's existence. (EXHIBIT A) 3. Plaintiff cites Rule 2-424 as his authority. However, he ascribes conditions to that tule that do not, in fact, exist in that rule. For instance, the demand that the response be served by mail and sworn to under penalty of perjury. 4, The rule specifies the response be signed by the party or party’s attorney, Although the blog does not contain defendant's actual signature, it does contain the defendant’s name. Plaintiff clearly knows who wrote the blog entry. 5. Defendant does not “yt benefit af assistance of an attomey as does Hoge. 201His friend, Aeron J. Walker of Manassas, VA, has been, on information and belief, providing legal assistance to Hoge (who he calls his “paralegal,” a role Hoge admits to portraying), even to the point of writing Hoge’s legal briefs. Walker is not licensed to practice in Maryland, 6. Although this will earn the scorn and derision and mocking of Hoge’s readership who deny that defendant does indeed suffer from Parkinson’s disease, defendant was diagnosed with this progressive neurological disorder in 2000, retired because of the progressive nature of the illness in 2011 (EXHIBIT B) and is noticing defects in his memory. It is entirely possible defendant received Hoge’s request, answered it on Defendant’s blog, then forgot about it. To some degree, cognitive impairment affects most people with Parkinson’s. The same brain changes that lead to motor symptoms can also result in slowness in memory and thinking, Stress, medication, and depression can also contribute to these changes. http://www.pdf.org/eognitive impairment _pd 7, To be clear, the Plaintiff had Schmalfeldt’s answers to his request as of April 1, 2017, the day after, on information and belief, persons unknown acted on Hoge’s behalf to stab two of Defendant’ tires within 24 of Hoge learning Schmalfeldt’s iowa address. With that going on, it would be understandable if a person with 17-years of Parkinson's disease let something slip through the cracks. ADMISSIONS SOUGHT BY PLAINTIFF REQUEST FOR ADMISSION #1. The allegations you made against plaintiff William Hoge referenced in Count IV of the complaint are false. ANSWER #1. Well, the only allegation I seem to have made in Count IV is, “Matt, that was an appropriately brutal and true depiction of events.” I’m not sure what you want me fo admit to, John. Am I to admit that the depictions were appropriately brutal? Or am I supposed to admit that that was a true depiction of events? I can’t crawl into your head Mr. Hoge. Nor would I want to without industrial-strength hip waders. Therefore, to keep it simple, let’s take the statement as awhole. “Matt, that was an appropriately brutal and true depiction of events.” That’s how I saw it at the time big fella, and the fact that a judge read you the riot act over your treatment of my co-defendants young daughter leads me to believe she thought it was a brutal and true depictionof events as well, just not enough to sustain a charge against you. In other words, I deny the allegation is false. REQUEST FOR ADMISSION #2. You know the allegations against plaintiff William Hoge referenced in Count IV of the complaint or false when you made them in 2015. ANSWER #2. Nonsense. Lying is a Hoge thing. I assumed at the time I made the comment that it was true. I still believe, even though you ducked punishment for it, that it was true. Do you really want to quibble over the term, “appropriately brutal and true”? I didn’t write the story. | just commented with my opinion. REQUEST FOR ADMISSION #3. You exercise effective managerial control over the Breitbart Unmasked website. ANSWER #3. Ub, no. I exercise effective managerial control only over what I write. REQUEST FOR ADMISSION #4. You exercise effective editorial control over the Breitbart Unmasked website. ANSWER #4. Again, I exercise effective editorial control ONLY over what I write. REQUEST FOR ADMISSION #5. You have written and/or commented on the Breitbart Unmasked website under the pseudonyms Mark in MD, MarkinMD or MatkMD. ANSWER #5. | actually spit out a litle leftover lasagna while laughing at that one. No, I have never used those pseudonyms. REQUEST FOR ADMISSION #6. You have written and/or commented on the Breitbart Unmasked website under the pseudonym Westminster Winds. ANSWER #6. No. Not once, Never. In fact, I kind of thought that was you referring to the stench that likely emanates from your residence in Westminster. REQUEST FOR ADMISSION #7. Some or all of the operating expenses for the Breitbart Unmasked website have been paid by Justice Through Music Project. ANSWER #7: Your guess is as good as mine, stew meat. As I am not privy to the business dealings of Justice Through Music Project I have no idea how or where they spend their money. REQUEST FOR ADMISSION #8. Some or all of the operating expenses for the Breitbart Unmasked website have been paid by Velvet Revolution US.ANSWER #8. Beats the hell out of me, poop flake, As I am not privy to the business dealings of Velvet Revolution, I have no idea if they pay for the website or bought bicycles for everybody in Oprah Winfrey’s audience. REQUEST FOR ADMISSION #9. You are the author of the email referenced in Count III of the complaint. ANSWER #9 Absolutely Untrue. But I believe you to be the source of numerous phone calls, and emails trying to get me kicked out of an apartment complex and trying to cost me a part-time job at a radio station. I just don’t have any proof of that, therefore I do not raise it in any legal sense, REQUEST FOR ADMISSION #10. (There is no Request for Admission #10.) ‘Therefore there is no response to the missing Request for Admission #10. REQUEST FOR ADMISSION #11. You have an ownership interest in Almighty Media, the entity referenced in the privacy policy page from the Breitbart Unmasked website contained in the attached Exhibit A. ANSWER #11. I don’t have an ownership interest in anything concerning you, Breit Kimberlin, or much of anything else for that matter. I have an intellectual interest in seeing you declared a vexatious litigant so that you will finally be forced by law to leave innocent folks alone, But other than that, nope! No ownership interest. PLAINTIFF HOGE HAS HIS ANSWERS 8. Defendant admits to being flip in his answers to Hoge. But Defendant is sick and tired of the nearly 5 years of court harassment he has received at the hands of this man, The answers may not be in the proper format, but they are answers to the request for admissions. Plaintiff had them on April |, and is using a technicality in the hopes for a cheap victory in this honorable court. 9. The remainder of Defendant Schmalfeldt’s response to Plaintiff's motion for summary judgment, except where it deals with this issue, stands as filed with the court. CONCLUSION WHEREFORE Plaintiff Hoge had the answers he sought in his request for admissions since April 1 when he read the answers on Defendant's blog, Defendant moves this court to‘amend his response to Hoge’s motion for summary judgment, acknowledging that Defendant denies the allegations made by Hoge. Respectfully submitted Dated this 24u Day of May, 2017 William M. Schmalfeldt, Sr. Myrtle Beach, SC 29579 (563) 503-8730 broadwaybill9476@outiook.com CERTIFICATE OF SERVICE 1 Certify that on the 24th day of May 2016, I served copies of the above on the following persons. William John Joseph Hoge, Brett and Tetyana Kimberlin, by e-mail. William M. Schmalfeldt, Sr., Pro Se AFFIDAVIT 1, William M. Schmalfeldt, Sr., solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief. Date: May 24, 2017 William M. Schmalfeldt, Sr. Pro SeTHE CLINTON ICONOCLAST Bill Schmalfeldt, Clinton, lowa Home» Dumbass» Ojai Oni Oh, hn, OH, JOHNNIE! OH, JOHNNIE! OH, JOHNNIE, OH! Tomy dear friend WJ Hoge I of Westminster, MD. Now that you have my home adress, lke to offer abit of culinary advice for toe people you send hereto either harm or hacase me. hots FOLLOW BLOG SEARCH VIA EMAIL [<7 Click to follow this blog snd Fee eee en oss by email, ON TWITTER = BLOG STATS + nasa its FEED LINKS + R55-ests 5723117, 6:07 PMPeele eaee EEC Det Peer eee ton Iconoclast ® Novisit to Clinton, 1owa, is complete without a dinner at Rastrel's on Main Ave. in the Lyons shopping district. ve been «fan of the chow at Rastell' since the early 1960s and they never disappoint just polished off a delicious lasagna, some ‘wonderful homemade bread and a slice of cheesecake to die for. ‘So make sure whoever you send te harm and harass me takes a few minutes to call ahead for take out. They'l thank me, Now, onte business. went out to the radio station this afternoon te et my final paycheck. There was an envelope from you addressed to se, So, forthe record received this dacumtent on March 31,2017. ‘hiss a “request for admission of Fats and gemuineness of documents.” I really should not have tried to read i whl eating my lasagna almost choked while laughing, Now, know you dda’t write this yourselfJohn. This is beyond your ‘usual standard for stupidity. This is fullon “Aaron Walker” stupidity. “The fact that you and your disgraced attorney fiend believe these ‘things tobe true goes along way to explain why you've spent four years harassing me. (ob, don't worry, youl get a formal response within your 30 days. But "just couldn’ walt to laugh at you and aaron tonight. 6 sewer sen sos rhea soso pana gre en ecg ‘Well, the only allegation! seem to have made in Count 1V is, "Matt, that was an appropriately brutal snd true depiction of events.” I'm ‘ot sure what you want me to admit to, john, Am Ito admit that the depictions were cpropriarly brutal? Or am supposed to admit that that was a true depiction of events? can't cra! into your head Mr. Hoge. Nor would ! want o without industrial strength hip waders. “Therefore to keep it simple, lets take the statement as a whole, “Mate, that was an appropriately brutal and trae depiction of events That's how sai atthe time big fells, andthe fact that a judge read ‘you the riot act over your treatment of my co-defendants young ‘daughter leads me to believe she thought twas a brutal and true depiction of events as well, just not enough to sustain a charge against you. nother words deny the allegation is alse, ‘https://thectintoni-~noclast.com/20 {7/0410 I/oh-johnnie-oh-johnr OLD STUFF «bps o7 . Marca THIS MONTH wun ws 6 wy om Be CATAGORICAL SPEAKING * irchecks Dunbar + Various outrages 5123/17, 6:07 PM30f5 UNE: JH, SONAR Un, Jonnie, OH! | The Clinton Iconoclast 6G cues ron suas eoace te ste nit tsa pee Cova tecopt re enex mae en nis ‘Nonsense. Lying is a Hoge thing. atsured atthe time I made the ‘comment that itwas true! stillbelieve, even though you ducked punishment fori, that twas tue. Do you really want to quibble over the term, “eperopriaely brutal and true"? didn write the story just commented with my opinion, GG Reavrst ron avwission es. vou exercise effective managerial eontrel ever the Bethe Unmasked website, Uh, no. exercise effective managerial control only over what | write. 6G. seauesr ton anuasion a Yo ease five sori corrl ov tht Unmet ‘Aga, 1 exercise effective editorial control ONLY aver what I write, GG reaver on aomassion es You have wetter and/or commented onthe Brtbrt Unmested website under the pseudonyms Mackin MD, MarkinMD or Marke, 1 actually spit out lite leftover lasagne while laughing et that one. No, have never used those pseudonyms, GE reavesr ron apwssion #6. You have written andjoe commented on tho Briar Unmased website under the pseudonym Westminster Winds No. Not once. Never: ft | kindof thought that was you refecring to the stench that likely emanates from your residence In Wostrninster REQUEST FOR ADMISSION ¢7.Some ar all ofthe ‘operating expenses forthe Brelkart Unmasked website have been paid by Justice Through Musi Project Your guess is a5 good as mine, stew moat. Aslam not privy tothe ‘business dealings of Justice Through Music Project Ihave no idea how ‘or where they spend thelr money. REQUEST FOR ADMISSION #8, Some orl ofthe ‘operating expenses forthe Breitbart Unmasked website hove been pald by Velvet Revolution US. Beats the hell out of me, poop lake. As lam not privy to the business dealings of Velvet Revolution, Ihave no idea ifthey pay forthe ‘website or bought bicycles for everybody in Oprah Winfrey's audience https://theclintonje-noctast.com/20 1 7/04/0 /oh-johnnie-ob-johni 5/23/17, 6:07 PD4of5 runic! Ors, Johnnie GG recurs ron soassiono-Your te rot Sheena ined Com ie coma ‘Absolutely Untrue. But I believe you tobe the source of numerous ‘Phone calls, and emails trying to got me kicked out ofan apartment complex and trying to cost me a part-time fb at «radio station. just don't have ny procf af that, therefore I donc raise tin any legal 6G. rewesr ron sssion o.oo ntson te) ‘Therefore there sno response tothe missing Request (or Admission 66. sewssrronanrcsso erate oenenipttrt ie Aliya te tty ‘referenced in the privacy policy page from the Breithart ma aces ted | don’t have an ownership interes in anything concerning you, Brett Kimberlin, or much of anything ele for that matter. thave an Intellectual interest in seing you declared a vexatious litigant so that you will inal be forced by law to leave Innocent folks alone, Bat ‘other than that, nope! No ownership interest ‘There. That felt good didn't, Joa? Now, please tell Mr. Walker that the number 10 comes right after the number 9, and that a good lawyer would not skip from 9t011 unless he hada goed reason. ‘As mentioned earier, you will ceive your formal reeposse within 30 days, But for now, go Fack yourself Hard GAs WR nas ea Ea Rebieg |e Uke Seen ONE THOUGHT ON “OH, JOHNNIE! OH, JOHNNIE! OH, JOHNNIE, OH!” ‘Oh, Johnnie, OH! |“ Clinton Iconoclast hhtips:/theclinton’yoclast.com/2017/04/0 /ol-johnnie-ol-johnr 5/23/17. 6:07 PM