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 KIMBERLIN’S RESPONSE TO TRIAL
SCHEDULING ORDER
Defendants Brett and Tetyana Kimberlin hereby respond to paragraph 11 of the
Court’s scheduling order:
1. Defendants object to many of the 65 proposed exhibits he has provided to
them, a list of which is attached hereto. They are irrelevant, unauthenticated,
hearsay, confusing and a waste of time.
2. Defendants intend to call the following people as witnesses:
Aaron Walker, William Hoge, William Hoge Jr., George Howell, Audrey Creighton,
Ken Grote, Ken Ashford, Kelsie Kimberlin, Brett Kimberlin and Tetyana Kimberlin,
3. The trial is scheduled for three days. Defendants believe that it can be
completed in one day if the Court will streamline the witnesses and the evidence.
This is a simple case for the Kimberlin defendants involving two defamation counts
and two malicious prosecution counts. Plaintiff has to prove four elements of each
tort yet he has no evidence supporting those elements with regard to the
defamation counts, and a jury in Montgomery County has already found probable
cause on the malicious prosecution counts. Therefore, this Court should could
immediately dispose of the defamation counts by ordering Plaintiff to proffer whatproof he has of the four elements of the tort. Also, because the defamation counts
arose out of litigation, Defendants are immune from civil suit on those counts. The
Court could dispose of the malicious prosecution counts by ordering Hoge to
present any argument or evidence on why the Court should not accept the verdict in
Montgomery County in this case under res judicata.
4, Defendants have already submitted their Motion in Limine.
Respectfully submitted,
Bethesda, MD 20817
(01) 320 5921
justicejtmp@comcast.net
Certificate of Service
I certify that | mailed a copy of this motion to Plaintiff this 11 day of August,
2017.
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