Complaint (as Filed)

8/19/2019 Complaint (as Filed)

1/48

William John Joseph Hoge

20 Ridge Road

Westminster, Maryland 21157,

Plaintiff ,

v.

Brett Kimberlin

8100 Beech Tree Road

Bethesda, Maryland 20817;

Tetyana Kimberlin

8100 Beech Tree Road

Bethesda, Maryland 20817;

Matt Osborne

546 Riverview Drive

Florence, Alabama 35630;

William M. Schmalfeldt,

3209 S. Lake Drive, Apt. 108

St. Francis, Wisconsin 53235;

William Ferguson10808 Schroeder Road

Live Oak, California 95953;

Breitbart Unmasked

Address Unknown;

Almighty Media

Address Unknown;

John Does 1, 2, 3, and 4; and

Acme

(an unknown business entity);

Defendants.

IN THE

CIRCUIT COURT FOR C ARROLL COUNTY

M ARYLAND

Case No. ____________________ 06-C-16-070789


2/48

COMPLAINT FOR DEFAMATION, CIVIL CONSPIRACY, M ALICIOUSPROSECUTION,

AND BREACH OF CONTRACT

COMES NOW William John Joseph Hoge with this Complaint for defamation,

civil conspiracy, malicious prosecution, and breach of contract. The tortious acts

underlying this action were committed by Brett Kimberlin and his associates for the

purpose of suppressing truthful commentary and criticism about Kimberlin’s

criminal past and his present activities. In support of his complaint Mr. Hoge

states as follows:

P ARTIES

1. William John Joseph Hoge is the proprietor of the Internet website

Hogewash! (hogewash.com), a blog covering topics of interest to Mr. Hoge, including

First Amendment and other Bill of Rights issues and Mr. Hoge’s hobby interests

such as astronomy, amateur radio, and Scouting. Mr. Hoge resides in Carroll

County, Maryland.

2. Brett Kimberlin is a convicted serial bomber who works as a political

activist. He is a resident of Bethesda, Maryland.

3. Tetyana Kimberlin is the wife of Brett Kimberlin. On information and

belief, she is a resident of Bethesda, Maryland.

4. Matt Osborne is the editor of the Internet website Breitbart

Unmasked. On information and belief Osborne is an employee of Breitbart

Unmasked. He has written for that website using the pseudonym “Xenophon.” On

information and belief, he resides in Florence, Alabama.

2


3/48

5. William M. Schmalfeldt (“Bill Schmalfeldt”) is the former editor of

Breitbart Unmasked and continues to contribute comments to that website. He has

written using many pseudonyms including “The Liberal Grouch.” He currently

resides in St. Francis, Wisconsin, but many of his acts alleged herein occurred in

Howard County, Maryland, while he was residing there, and his subsequent acts

since he fled from Maryland are a continuation of a course of conduct begun in this

state. Further, he maintains an address in Howard County as the registered

business address for several Internet domains. On information and belief, he owns

a residential trailer located at the Howard County address.

6. William Ferguson operates an Internet website called The Mockery

Continues. On information and belief, he also writes for Breitbart Unmasked. On

information and belief, he resides in Live Oak, California.

7. Breitbart Unmasked (breitbartunmasked.com) masquerades as an

advertising-based website publishing news and opinion from a “progessive”

viewpoint when it is, in fact, an outlet for defamation against Brett Kimberlin’s

enemies. Its content is targeted to Maryland for the benefit of Brett Kimberlin. Its

actual form of business organization unknown. On information and belief, its day-

to-day operations are based at Matt Osborne’s residence.

8. Almighty Media is listed on the Breitbart Unmasked website as the

owner of Breitbart Unmasked. Its actual form of business organization and the

3


4/48

location of any of its offices are unknown.1

9. John Doe 1 (“Mark Cammerling,” “Mark in Maryland” and other

similar aliases) is a pseudonymous commenter at Breitbart Unmasked. His current

location and identity are unknown.

10. John Doe 2 is a pseudonymous commenter at Breitbart Unmasked. His

current location and identity are unknown.

11. John Doe 3 is the publisher of Breitbart Unmasked. On information

and belief, he supervises Matt Osborne. His current location and identity are

unknown.

12. John Doe 4 is an unidentified person. On information and belief, he

manages Almighty Media. His current location and identity are unknown.

13. Acme is a business entity possibly owned or controlled by John Doe 4.

On information and belief, Acme owns or controls Almighty Media. Its actual form

of business organization and the location of any of its offices are unknown.

14. Mr. Hoge intends to seek early discovery pursuant to Independent

Newspapers, Inc. v. Brodie, 407 Md. 415 (2009) concerning the presently unknown

locations and/or identities of business entities and natural persons.

JURISDICTION AND V ENUE

Almighty Media filed for registration as a not-for-profit corporation with the1

Secretary of State of Texas at 12:03 am (Central Time) on 14 March, 2015, via the

Internet. However, the Secretary of State returned the unprocessed application for

registration on 16 March.

4


5/48


6/48

of the President of the United States. He was also convicted of possession of

explosives by a felon and bombing charges related to the series of bombings in

Speedway, Indiana. As a result of the drug, bombing, and other charges, Kimberlin

received a 51-year consolidated sentence. While in federal prison, he achieved4

additional notoriety by claiming just before the 1988 election to have sold marijuana

to Dan Quayle. He was paroled, but his parole was revoked for failure to make

restitution to the widow of a bombing victim. He was released on parole again in5

2001. His sentence expires in 2030, and he is now on unsupervised parole.

19. Following his release in 2001, Brett Kimberlin created and has since

operated two not-for-profit advocacy organizations, Justice Through Music Project

and Velvet Revolution.US [sic]. Both organizations support “progressive” political

causes. Because of Brett Kimberlin’s criminal past, a left-wing political

commentator named Seth Allen began questioning whether Kimberlin was the sort

of individual who should be running such organizations, suggesting that his

reputation might tarnish “progressive” causes. Kimberlin responded with a

defamation suit seeking $2,250,000. He was awarded nominal damages in a default

judgment in November, 2011. During the course of that lawsuit, Mr. Allen6

represented himself, but he did receive some pro bono advice from a lawyer named

Aaron Walker. Mr. Walker is a member in good standing of the bars of Virginia and

Kimberlin v. Dewalt, 12 F Supp.2d 487, 489-490 (D.Md. 1998).4

Id., 490-494.5

Kimberlin v. Allen, Case No. 339254V (Md. Cir.Ct. Mont. Co. 2011), Dkt. No. 97.6

6


7/48

the District of Columbia.

20. At the time he was advising Mr. Allen, Mr. Walker was also writing

anonymously on the Internet under the name Aaron Worthing. He wished to

protect his anonymity in order to write more freely. When Brett Kimberlin

discovered Mr. Walker’s identity, he attempted to publicize it by including Mr.

Walker’s personal identifying information into multiple court filings beginning in

January, 2012. Mr. Walker successfully sought to have the information sealed.7 8

21. Following Mr. Walker’s first motion to seal his personal information,

Brett Kimberlin falsely accused Mr. Walker of assaulting and harassing him, and

he sought a pair of peace orders against Mr. Walker. Both were overturned on9

appeal. The second peace order contained an unconstitutional gag order10

preventing Mr. Walker from speaking or writing about Kimberlin, the District

Court judge disregarding controlling Supreme Court precedent by name. Various

writers on the Internet, including Mr. Hoge, took notice of that order and began

writing about Brett Kimberlin and what one writer called his “brass knuckles

reputation management.” On 25 May, 2012, hundreds of bloggers, including Mr.

Id., Dkt. Nos. 114, 127, 130, and 133.7

Id., Dkt. Nos. 122, 128, 131, 132, and 145.8

Kimberlin v. Walker, Case No. 0601SP005392012 (Md. D.Ct. Mont. Co. 2012) and9

Kimberlin v. Walker, Case No. 0601SP019792012 (Md. D.Ct. Mont. Co. 2012).

Kimberlin’s claim that he had been assaulted by Mr. Walker in the Montgomery

County Circuit Courthouse was shown to be false by surveillance video.

Kimberlin v. Walker, Case No. 8444D (Md. Cir.Ct. Mont. Co. 2012) and Kimberlin10

v. Walker, Case No. 8526D (Md. Cir.Ct. Mont. Co. 2012).

7


8/48

Hoge, confronted Kimberlin and his use of lawfare to silence critics in an online

event called Everyone Blog About Brett Kimberlin Day. The event was a sort of “I

am Spartacus” response to Kimberlin’s attempt to use the courts to silence his

critics by joining in the criticism. On 25 June, 2012, the unconstitutional gag order

was struck down by Judge Rupp of the Circuit Court for Montgomery County.

Later that evening, Mr. Walker was SWATted. He was the fourth individual to be11

SWATted after having written about Brett Kimberlin. On information and belief,12

Brett Kimberlin is a prime suspect for having ordered the SWATting to take place.

22. On or about 13 February, 2012, the Internet domain

breitbartunmasked.com was anonymously registered. Beginning on or about 13

June, 2012, breitbartunmasked.com was hosted by the same service provider

(ECATEL in the Netherlands) as jtmp.org (the Justice Through Music Project

website), and in 2013, the hosting for both breitbartunmasked.com and jtmp.org

was moved to the same U. S.-based web server as the velvetrevolution.us website.

The current VelevetRevolution.US server hosts both domains and more than a

dozen other Kimberlin-related web domains.

23. Beginning in February, 2012, John Doe 3 (as “The Watchful Avenger”)

began writing blog posts for Breitbart Unmasked. On or about 7 October, 2012,

SWATting involves someone making a false call to 911 claiming that a violent11

crime such as a murder has just occurred at the victim’s residence with the

intention of provoking a weapons-ready police response.

Mike Stack, a blogger in New Jersey; John Patrick Frey, a Deputy District12

Attorney in Los Angeles County, California; and Erick Erickson, a radio and cable

TV personality, were all SWATted after criticizing Brett Kimberlin.

8


9/48

William Schmalfeldt, using the pseudonym “The Liberal Grouch,” took over as

editor of the website under the supervision of John Doe 3 as publisher. On or about

13 March, 2013, Matt Osborne began writing for Breitbart Unmasked, and on a date

between 10 August, 2013, and 1 September, 2013, Osborne took over as editor.

24. Beginning on or about 20 March, 2012, with a post titled Aaron

Walker: Unmasked, breitbartunmasked.com began publishing articles and

comments attacking persons who spoke or wrote critically about Brett Kimberlin.

25. Upon information and belief, no later than 22 July, 2012, Schmalfeldt,

Osborne, and other individuals participated in an exchange of emails and other

communications for the purpose of coordinating efforts to attack, discredit, and

defame persons who spoke or wrote critically about Brett Kimberlin as a part of a

campaign to harass Kimberlin’s critics. Their coordinated efforts have included

publication of false and/or misleading information and defamatory statements

concerning Kimberlin’s critics via Breitbart Unmasked and other websites and

social media accounts under their personal control. While Schmalfeldt and Osborne

may be viewed as founding members of the conspiracy, each Defendant eventually

joined, in every case no later than his/her/its first overt act described below.

26. On 30 November, 2012, breitbartunmasked.com published an article

by Schmalfeldt (under the byline “Liberal Grouch”) titled The Craven Cowardice of

Aaron Walker Revealed in His Own Words. This article contained sealed discovery

material from a lawsuit involving Brett Kimberlin and Mr. Walker. The article was

also defamatory of Mr. Walker. Kimberlin was only party to the suit who could

9


10/48

have been the source the sealed documents for Schmalfeldt. After Mr. Hoge

reported and commented on this breach of the court’s seal, he became one of the

targets of the conspirators’ harassment and defamation. The first mention of Mr.

Hoge by Breitbart Unmasked was on or about 5 December, 2012, in an article by

Schmalfeldt (again writing as “Liberal Grouch”).

27. In their 2012 email exchange and via other communications,

Schmalfeldt and Osborne agreed to engage in a campaign of misinformation and

defamation directed at Kimberlin’s critics. John Doe 3 as initial editor and as

publisher of Breitbart Unmasked participated in the conspiracy (or aided and

abetted it) by allowing the website to be used to further the conspiracy. Similarly,

John Doe 4, Almighty Media, and Acme also acted to advance the conspiracy (or

aided and abetted it) by allowing the use of the website. As will be shown below,

William Ferguson, John Doe 1, and John Doe 2 joined the conspiracy particularly as

it targeted Mr. Hoge. Brett Kimberlin was the beneficiary of the conspiracy and a

member from Day One. Tetyana Kimberlin joined the conspiracy not later than 14

May, 2015.

COUNT I—A CTS RELATED TO THE M ALICIOUS PROSECUTION OF 30 JULY, 2013

28. Mr. Hoge re-alleges the contents of paragraphs 1 through 27.

29. On or about 30 July, 2013, Brett Kimberlin appeared before a District

Court Commissioner in Montgomery County and filed an Application for Statement

of Charges (“Application I”) against Mr. Hoge falsely alleging that he had

10


11/48

stalked, harassed and suborned perjury in order to harm

[Kimberlin]. He ha[d] harassed [Kimberlin] online, got

[Kimberlin’s] wife to file false charges against [him], and harassed

[him] in court.

State v. Hoge, Case No. 1D00291915 (Md. D.Ct. Mont. Co. 2013). Kimberlin also

made the following additional false allegations in Application I:

William Hoge has been stalking me for at least 12 months. He has

filed many frivolous lawsuits … against me[.] …

Id. Mr. Hoge has never stalked Kimberlin. He has filed one peace order petition

against Kimberlin.

He has written thousands of posts and tweets about me falsely

accusing me of crimes such as swatting, perjury, pedophilia, rape,

and harassment. …

Id. While Mr. Hoge has written extensively about Kimberlin, he has not falsely

accused him of any crimes. Indeed, when Kimberlin sued Mr. Hoge for defamation,

the result was a directed verdict in Mr. Hoge’s favor because Kimberlin could not

show that any statement made by Mr. Hoge was false. Kimberlin v. Walker, et al.,

Case No. 380966V (Md. Cir.Ct. Mont Co. 2014).

[H]e has offered my mentally ill wife things of value to sign false

documents prepared by him and his associate Aaron Walker.

Id. Mr. Hoge never offered Mrs. Kimberlin anything of value to sign a false

document.

He is co-publisher of a blog called KimberlinUnmasked, which

publishes daily false attacks on me. He is publisher of another blog

called HogeWash [sic] that publishes daily false attacks on me.

Id. Mr. Hoge was not the publisher of any blog other than Hogewash! in July, 2013,

11


12/48

and has not published any false attacks on Kimberlin.

William Hoge in July 2013, has been stalking and harassing me by

meeting with, advising and preparing court documents for my wife

Tetyana that are false. My wife has a long history of mental illness

and Mr. Hoge is taking advantage of and exploiting that mentalillness to stalk and harass me through her using a course of conduct

and pattern of criminal activity.

Id. Mrs. Kimberlin sought help from Mr. Hoge and others while she was engaged in

a domestic dispute with Mr. Kimberlin. On information and belief, she has no

history of mental illness.

I have repeatedly told Mr. Hoge to leave my family and me alonebut he will not. He is obsessed with attacking me using the most

vile and untrue statements and accusations.

Id. As of the date of Application I, Kimberlin had never communicated such a

request to Mr. Hoge.

On July 12, 2013, he helped prepare a false custody complaint

against me stating that my wife was my children’s primary

caretaker, with a strong bond who was fit for custody. In fact, mywife is barely able to care for herself and has been previously

committed for. [sic] On July 27, 2013, he helped prepare a false

protective order against me stating that I raped my wife in 1996,

confined her against her will for 17 years, and used violence against

her. Mr. Hoge’s conduct is exacerbating my wife’s mental condition

and pushing her toward actions that could result in death or bodily

injury to my wife. He is manipulating her in a negative way that

could cause her to attempt or commit suicide, or to strike out and

harm my children or me.

Id. Mr. Hoge had no involvement with the preparation of the alleged 12 July

custody complaint. Mr. Hoge helped Mrs. Kimberlin obtain legal counsel for her

subsequent filings against her husband. Upon information and belief, Mrs

Kimberlin has no history of mental illness, and based on his personal observation,

12


13/48

Mr. Hoge believes that she seemed competent during July, 2013.

Mr. Hoge has been using the Internet, blogs, Twitter, and other

electronic means to stalk and harm me. He is doing this to harm

me and my reputation and destroy my business and ability to earn

a living.

Id. Mr. Hoge has never engaged in any stalking or cyberstalking or harassment of

Mr. Kimberlin. Kimberlin knew that all these allegations were false or misleading.

Further, the time period during which Mr. Hoge was alleged to have acted included

several months before he was aware of Brett Kimberlin or had written about him.13

On information and belief, the charge was filed in retaliation for Mr. Hoge’s writing

about a series of protective orders filed between Brett and Tetyana Kimberlin and

for Mr. Hoge’s assistance to Mrs. Kimberlin in obtaining legal counsel.

30. Upon the perjured “facts” contained in Application I, Mr. Hoge was

formally charged with harassment in violation of Md. Crim. L. § 3-803 on 30 July,

2013.

31. On 13 August, 2013, the Montgomery County State’s Attorney’s Office

thought so little of the allegations that they entered a nolle prosequi in the case and

requested that the charge be expunged without every communicating with Mr.

Hoge. On 15 August, 2013, the Judge Wolfe of the District Court expunged the

charge. Both actions were taken without Mr. Hoge’s knowledge or agreement.

Mr. Hoge was charged with a course of conduct that supposedly began in13

January, 2012. While Mr. Hoge would have had a general recollection of “that

federal prisoner who lied about being Dan Quayle’s dope dealer,” Brett Kimberlin

was not on Mr. Hoge’s radar until after late May, 2012. He did not write about

Kimberlin until the week of 25 May, 2012.

13


14/48

32. Brett Kimberlin instituted the harassment charge against Mr. Hoge,

and it was resolved in Mr. Hoge’s favor. Given that theCommissioner’s finding of

probable cause was based on Kimberlin’s false statements, there was no true

probable cause. If Kimberlin had told the truth, no charge would have been issued.

As for malice, it may be inferred from a lack of probable cause. Thus, by pursuing

the false harassment charge, Kimberlin engaged in the tort of malicious prosecution

against Mr. Hoge.

33. Mr. Hoge incurred expenses in the investigation of the charge filed

against him and in preparation for a possible defense against the charge. These

expenses included, but were not limited to, costs associated with seeking legal

advice, the cost of round trips from Carroll County to Rockville, Maryland, to

retrieve copies of court documents, as well as incidental expenses such a copying

charges. Thus, Mr. Hoge suffered actual damages.

COUNT II—A CTS RELATED TO DEFAMATION BY B REITBART U NMASKED ON

4 M ARCH, 2015


35. On or about 4 March, 2015, Breitbart Unmasked published an article

with Matt Osborne’s byline titled William Hoge Stalking A Teenager For His

Conspiracy Theory. That article states that the teenager Mr. Hoge allegedly14

Osborne, Matt, William Hoge Stalking A Teenager For His Conspiracy Theory,14

http://www.breitbartunmasked.com/2015/03/04/william-hoge-stalking-a-teenager-

for-his-conspiracy-theory/, viewed 27 Feb., 2016.

14


15/48

stalked was the elder daughter of Tetyana Kimberlin (“K. Kimberlin,” a minor

child). The article falsely states:

William Hoge of Maryland indicated that he still pays entirely too

much attention to [K. Kimberlin], the teenage daughter of his chiefobsession. … It’s hard to overstate this: Walker, Hoge, and their

felonious friends ruined a teenage girl’s public debut in the worst

way imaginable.

The allegation that Mr. Hoge stalked K. Kimberlin is false. The claim that Mr.15

Hoge has “ruined” her career is false.

36. The 4 March article falsely states that Mr. Hoge suborned perjury.

Remember, this is the girl whose family, personal life, and budding

music career were destroyed when Hoge and his sociopathic friends

colluded to suborn perjury from her mother.

Id. On information and belief, the sole source for this false allegation is Brett

Kimberlin, a convicted perjurer who this Court has prevented from offering

testimony pursuant to Md. Cts. & Jud. P. § 9-104. Kimberlin has a history of

making false allegations against his perceived enemies and of losing in court

because he cannot prove his claims. He has been caught filing altered exhibits with

court papers in the Circuit Court for Montgomery County and the U. S. District

On 6 March, 2013, a peace order petition was filed against Mr. Hoge by Brett15

Kimberlin on behalf of K. Kimberlin alleging that Mr. Hoge had stalked and

harassed her. (Case No. 0601SP012712015) During the ex parte hearing for the

temporary peace order, that order was granted only on the basis of harassment but

not stalking. Stalking by Mr. Hoge could not be demonstrated to a reasonable

possibility standard. At the hearing for the final peace order on 13 March, 2013, the

petition was denied because the petitioner could not meet the burden of proof for

harassment.

15


16/48

Court for the District of Maryland. Reliance on Brett Kimberlin as an16

unsubstantiated source by Osborne and Breitbart Unmasked clearly demonstrates a

reckless disregard for the truth.

37. The 4 March article further states that Mr. Hoge published on his

website Hogewash! an Application for Statement of Charges filed by Tetyana

Kimberlin that accused Brett Kimberlin of operating a bomb factory and “sinister

version of Christian Grey’s playroom.”17

His [Aaron Walker’s] fevered fiction imagined the basement level

she shared with Mr. Kimberlin was secretly also (1) a terroristbomb factory, and (2) a sinister version of Christian Grey’s

playroom, complete with pictures of past victims framed on the

wall. The perjury was unsupportable, for key facts and

documentation absolutely contradict Walker’s sordid narrative. Mr.

Kimberlin succeeded in having these ludicrous accusations sealed,

but not before Mr. Hoge ran to the courthouse and made a copy of

the sickening document so that he and his friends could all publish

it in their blogs.

Id. This is a false characterization of Mr. Hoge’s writings concerning Mrs.

Kimberlin’s Application II. Both the Application for Statement of Charges

(“Application II”) referred to in the article and all of Mr. Hoge’s writings concerning

it were and still are available online. There is nothing in Mrs. Kimberlin’s

See, e.g ., Kimberlin v. Kimberlin Unmasked, Case No. 13-CV-02580, (D.Md. 2015),16

ECF No. 19 and Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059(D. Md. 2015) ECF No. 124. Both filings include of extracts of an 9 April, 2014,

hearing before Judge Ryon in Montgomery County concerning an altered Certified

Mail green card. ECF No. 19 deals with a similarly altered card in a federal

lawsuit. ECF No. 124 primarily deals with a forged summons.

Fifty Shades of Grey is the title of a popular novel dealing with sadism/17

masochism. Christian Grey is the title character.

16


17/48


18/48

It is only a matter of time before his litigious obsessions are turned

on peers or supervisors or those of his wife.

http://www.breitbartunmasked.com/2015/03/04/william-hoge-

stalking-a-teenager-for-his-conspiracy-theory/

Regards,

Mark Cammerling

PS: Below is an article regarding Mr. Hoge’s other questionable

activities:

Background info on Hoge’s abuse of domestic abuse laws:

http://crooksandliars.com/2024/04/how-marylands-domestic-violence

laws

Email forwarded from recipient [redacted]@maryland.gov. On its face, this email

accuses Mr. Hoge of with being obsessed with a teenage girl, and it refers the

addressees to the defamatory 4 March article. The addressees are associates of Mr.

Hoge’s wife (Connie Hoge) in her volunteer work with the Carroll County Forest

Conservancy Board and the Maryland Association of Forest Conservancy Board

Districts. On information and belief, Mark Cammerling has sent at least one

similar email addressed to the Director of Goddard Space Flight Center (where Mr.

Hoge then worked as an engineering contractor) and to the Administrator of the

National Aeronautics and Space Administration at NASA Headquarters.

41. The facts demonstrate that John Doe 1’s statements in the 4 March,

2015, email were false, that he knew they were false or that he acted with a reckless

disregard for the truth. Thus, he acted with actual malice, and he is at fault. See

footnote 15 above. Moreover, the email tended to expose Mr. Hoge to scorn, hatred,

contempt, or ridicule, thereby discouraging others in the community from having a

18


19/48

good opinion of him or from associating or dealing with him. Additionally, the email

implied that Mr. Hoge was unstable and unfit and incompetent to perform his

professional duties and caused disruption in his community and workplace

relationships.

COUNT IV—A DDITIONAL DEFAMATION RELATED TO THE 4 M ARCH, 2015,

B REITBART U NMASKED A RTICLE


43. In a comment to the 4 March article Bill Schmalfeldt wrote, “Matt,

that was an appropriately brutal and true depiction of events.” William Hoge

Stalking A Teenager For His Conspiracy Theory, Comments. This comment

endorses the contents of the article as truthful and is, in essence, a restatement of

the defamatory remarks contained in the 4 March, 2015, article.

44. Schmalfeldt’s endorsement of the false statements made by Osborne in

the 4 March, 2015, article amounts to an allegation that Mr. Hoge committed

crimes, i.e., stalking and subornation of perjury. It implies that he has independent

and undisclosed knowledge of facts not in the article. The facts demonstrate that

the statements in the article were false, that Schmalfeldt knew they were false or

that he acted with a reckless disregard for the truth, and that by endorsing them

Schmalfeldt acted with malice. Thus, Schmalfeldt, Osborne, and Breitbart

Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided

19


20/48

and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted

with bad faith in publishing Schmalfeldt’s comment to third parties.

COUNT V—A DDITIONAL DEFAMATION RELATED TO THE 4 M ARCH, 2015,

B REITBART U NMASKED A RTICLE


46. In a comment to the 4 March article John Doe 2 (writing as

“Westminster Winds”) wrote:

John will be arrested, maybe not at the hearing, but shortlythereafter. He will be charged with violating Grace’s law. John

will lose his guns. John will lose his blog. John will lose the peanut

gallery which egged him on to commit this horrendous crime

against an innocent girl. John will lose his ability to engage in

harassing anyone ever again.

Id. This comment falsely states that Mr. Hoge committed the “horrendous crime

against an innocent girl” alleged in the article. (Note: Mr. Hoge is known to his

friends as “John,” his first middle name.)

47. John Doe 2’s false statement made in his comment to the 4 March,

2015, article is an allegation that Mr. Hoge committed at least one crime, i.e.,

stalking. The facts demonstrate that the allegations of committing a “horrendous

crime” and engaging in harassment were false, that John Doe 2 knew they were

false or that he acted with a reckless disregard for the truth, and that by making

them John Doe 2 acted with malice. Thus, John Doe 2, Osborne, and Breitbart

Unmasked, together with Almighty Media, Acme, and John Does 3 and 4 (who aided

20


21/48

and abetted the publication), are at fault. Osborne and Breitbart Unmasked acted

with bad faith in publishing John Doe 2’s comment to third parties.

COUNT VI—A CTS RELATED TO A DEFAMATORY EMAIL OF 9 M ARCH, 2015


49. Brett Kimberlin has filed multiple civil actions against Mr. Hoge,

including a recent suit filed in the U. S. District Court for the District of Maryland,

Southern Division. One of Mr. Hoge’s codefendants in that matter is the U. S.18

Chamber of Commerce. On or about 9 March, 2015, as part of his pre-suit

negotiations with the Chamber of Commerce, Kimberlin sent an email containing

the following paragraph:

You may or may not know all the defendants. Please note that

last Friday, Defendant Hoge was served with a Peace Order

prohibiting him stalking or harassing my teenage daughter. He

has proudly been using the tactics developed by Team Themis todo so. Yes, it’s the same daughter mentioned by Aaron Barr after

he scraped her social media sites and disclosed what school she

was attending. And yes, she was bullied out of two schools after

that. I am also attaching a copy of that PO.

Kimberlin v. Hunton & Williams LLC, et al., Case No. 15-CV-00723-GJH, (D.Md.

2015), ECF No. 71, Ex. 1. This explicitly states that Mr. Hoge has engaged in the

crimes of stalking and harassment. That is false. See footnote 15 above. Moreover,

given the denial of stalking as a basis for the temporary Peace Order, Kimberlin

Kimberlin v. Hunton & Williams LLP, et al., Case No. 15-CV-00723-GJH (D.Md.18

2015).

21


22/48

clearly knew that the District Court did not find that Mr. Hoge had engaged in

stalking.

50. The false statement made by Kimberlin in the 9 March, 2013, email to

the Chamber of Commerce is an allegation that Mr. Hoge committed crimes, i.e.,

stalking and harassment. The facts demonstrate that Kimberlin’s statement in the

email to the Chamber of Commerce was false, that he knew it was false or that he

acted with a reckless disregard for the truth, and that he acted with malice. Thus,

he is at fault.

COUNT VII—A CTS RELATED TO DEFAMATION BY B REITBART U NMASKED ON

9 M ARCH, 2015



with Matt Osborne’s byline titled William Hoge, Adjudicated Stalker? Peace Order

Hearing This Friday. The opening sentence is the following false statement: “A19

Maryland judge may finally put an end to W.J.J. Hoge’s habitual stalking of the

Kimberlin family this Friday.”

53. The false statement made by Osborne in the 9 March, 2015, article is

an allegation that Mr. Hoge committed a crime, i.e., stalking. The facts

demonstrate that Osborne made a defamatory statement to third parties by

Osborne, Matt, William Hoge, Adjudicated Stalker? Peace Order Hearing This19

Friday, http://www.breitbartunmasked.com/2015/03/09/william-hoge-adjudicated-

stalker-peace-order-hearing-this-friday/, viewed 27 Feb., 2016.

22


23/48

publishing the article on the Internet on Breitbart Unmasked. The facts

demonstrate that the statement was false, that he knew it was false or that he

acted with a reckless disregard for the truth, and that the Osborne and Breitbart

Unmasked acted with malice, and, thus, those Defendants, together with Almighty

Media, Acme, and John Does 3 and 4 (who aided and abetted the publication), are at

fault.

COUNT VIII—A CTS RELATED TO DEFAMATION BY B REITBART U NMASKED

ON 13 M ARCH, 2015



with Matt Osborne’s byline titled Judge Calls Out Hoge For Perjury; Case Goes To

Circuit Court. In reporting on the final hearing held that day for a Peace Order20

sought against Mr. Hoge by Brett Kimberlin on behalf of K. Kimberlin, Osborne

wrote:

Judge Zuberi B. Williams also found that Hoge had perjured

himself during the hearing when he denied leaving comments

under an August, 2013 article about [K. Kimberlin]’s budding

music career only to have proof of his actions presented to the

court. “You just lied under oath,” Williams reportedly said to Hoge

on the witness stand before turning to his attorney, Patrick

Ostronic. “How am I supposed to find your client credible?”

Osborne, Matt, Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court,20

http://www.breitbartunmasked.com/2015/03/13/judge-calls-out-hoge-for-perjury-

case-goes-to-circuit-court/, viewed 27 Feb., 2016.

23


24/48

In fact, Judge Williams made no such finding, and he did not tell Mr. Hoge that he

had lied under oath. Osborne was not present at the hearing. Because the article

was published the same day as the trial, neither a transcript nor a court audio CD

were available at the time the article was published. On information and belief,

Osborne’s source of information concerning the hearing was Brett Kimberlin.

56. The allegedly perjured statement by Mr. Hoge was his failure to

authenticate as his own a Twitter message (“tweet”) which stated that its author

had commented on a particular article published at gazette.com together with Mr.

Hoge’s denial of having made such a comment at gazette.com. The purported tweet

was offered as evidence during the 13 March hearing by convicted forger Brett

Kimberlin. It was, in fact, an altered version of a tweet authored by a third party

named Lee Stranahan. Given that Osborne, writing under the pseudonym

“Xenophon,” had included a copy of that tweet properly attributed to Mr. Stranahan

in a 29 August, 2013, Breitbart Unmasked article on a related topic, he knew or21

should have known that the basis of the perjury allegation was false.

57. On 14 March, 2015, Mr. Hoge published an article on his website

Hogewash! detailing how Brett Kimberlin obtained the altered tweet offered in

evidence during the 13 March hearing. Breitbart Unmasked subsequently

published an Update to the 13 March article standing by the accuracy of the 13

Xenophon, Lee Stranahan and Aaron Walker Smear a Teenager’s Family and Try21

to Snuff Out Her Career, http://www.breitbartunmasked.com/latest-news/lee-

stranahan-and-aaron-walker-smear-a-teenagers-family-and-try-to-snuff-out-her-

career/index.html/, viewed 18 Sept., 2013.

24


25/48

March article and refusing to make a correction to the misrepresentation of Judge

Williams’ findings. The Update was written by William Ferguson.

58. The false statements made by Osborne in the 13 March, 2015, article

and Ferguson in the Update add up to allegations that Mr. Hoge committed a crime,

i.e., perjury. The facts demonstrate that Osborne made defamatory statements to

third parties by publishing the 13 March article on the Internet on Breitbart

Unmasked. The facts also demonstrate that the Update written by William

Ferguson and published to third parties on the website was defamatory. The facts

demonstrate that the statements in both the article and the Update were false, that

Osborne and Ferguson knew they were false or that they acted with a reckless

disregard for the truth. Thus, Osborne, Ferguson, and Breitbart Unmasked acted

with malice, and those Defendants, together with Almighty Media, Acme, and John

Does 3 and 4 (who aided and abetted the publication), are at fault.

COUNT IX—A CTS RELATING TO DEFAMATORY STATEMENTS M ADE TO T WITTER


60. On 27 April, 2015, Mr. Hoge’s @wjjhoge Twitter account was

suspended for allegedly engaging in “targeted abuse.” The suspension was the

result of one or more false complaints by Brett Kimberlin alleging that Mr. Hoge

had engaged in cyberstalking and harassment of K. Kimberlin. During a de novo

appeal trial on 14 May, 2015, for the Peace Order petition denied on 13 March,

2015, K. Kimberlin proffered an email to Brett Kimberlin from Twitter concerning

his complaint against Mr. Hoge. Upon investigation, Twitter found Kimberlin’s

25


26/48

allegation(s) of targeted abuse to be false, and it was in fact false. On 8 July, 2015,

Twitter restored the account and apologized to Mr. Hoge for suspending it.

61. Mr. Hoge’s @wjjhoge Twitter account was used to promote his blog

Hogewash! and other business activities. Loss of that account and the relationships

built up with other Twitter users who had followed his account over the previous

three years had an adverse and continuing financial impact on revenue generated

by Mr. Hoge’s blog. That loss resulted from the false statements about Mr. Hoge

made to Twitter by Brett Kimberlin. While the @wjjhoge account was suspended,

Mr. Hoge had to expend time and money (for example, paid advertising for the new

account) rebuilding a following with the second Twitter account.

62. That second Twitter account (@hogewash) was suspended, again, for

allegedly engaging in targeted abuse. A third Twitter account (@wjj_hoge) was

similarly suspended. Those suspensions were the result of false complaints to

Twitter from Brett Kimberlin alleging targeted abuse. Kimberlin knew his

complaints were false or he acted with a reckless disregard for the truth—thus,

demonstrating malice. Mr. Hoge’s ability to promote his blog via Twitter was

severely impaired, and time and money have been and are being expended to repair

the damage. Moreover, those account are still suspended, and Mr. Hoge has lost the

use of them. Thus, Mr. Hoge has suffered actual damages.

COUNT X—A CTS RELATED TO DEFAMATION BY B REITBART U NMASKED ON

18 M AY, 2015

26


27/48


28/48

COUNT XI—A CTS RELATED TO THE M ALICIOUS PROSECUTION OF 18 M AY, 2015


67. Brett Kimberlin appealed the District Court’s denial of the Peace

Order he sought on the behalf of K. Kimberlin. A de novo trial was held in the23

Circuit Court for Montgomery County on 14 May, 2015. During that trial, Brett

Kimberlin was not permitted to testify pursuant to Md. Cts. & Jud. P. § 9-104.

Also, because he his not a lawyer, he was not allowed to represent his daughter as

he had in the District Court on 13 March. The Circuit Court denied the Peace

Order petition because there was no statutory basis for relief, i.e., that court found

that Mr. Hoge had not engaged in harassment of K. Kimberlin.

68. On 18 May, 2015, Tetyana Kimberlin filed an Application for

Statement of Charges (“Application III”) against Mr. Hoge, alleging that he had

engaged in electronic harassment of a minor (i.e., K. Kimberlin) in violation of Md.

Crim. L. § 3-805(b)(2). On information and belief, Mrs. Kimberlin filed Application

III on behalf of Brett Kimberlin. Upon information and belief, Application III was

actually drafted by Brett Kimberlin. Although Application III did not properly

allege violation of the elements of § 3-805(b)(2), a District Court Commissioner

issued a summons based solely on her false statements. On 24 June, 2015, the24

Montgomery County State’s Attorney entered a nolle prosequi on the charge, stating

B. Kimberlin obo K. Kimberlin v. Hoge, Case No. 9148D (Md. Cir.Ct. Mont. Co.23

2015).

State v. Hoge, Case No. 3D00333028 (Md. D.Ct. Mont. Co. 2015).24

28


29/48

that there was insufficient evidence to go forward with the case.

69. Copies of the Application for Statement of Charges for Case No.

3D00333028 are attached as Exhibits A and B. Except for the redaction of K.

Kimberlin’s first name, Exhibit A is an unaltered copy. In Exhibit B strike-through

lines have been applied to the Kimberlins’ false statements.

70. Tetyana Kimberlin instituted the online harassment charge against

Mr. Hoge, and it was resolved in Mr. Hoge’s favor. Because Application III relied on

her false statements, there could be no proper finding of probable cause by the

District Court Commissioner who issued the charge. As for malice, that may be

inferred from the lack of probable cause. Thus, by pursuing the false online

harassment charge, the Kimberlins engaged in the tort of malicious prosecution

against Mr. Hoge.

71 Mr. Hoge incurred expenses in the investigation of the charge filed

against him and in preparation for a possible defense against the charge. These

expenses included, but were not limited to, the cost of round trips from Carroll

County to Rockville, Maryland, to retrieve copies of court documents and to meet

with counsel, as well as incidental expenses such a copying charges. Thus, he

suffered actual damages.

COUNT XII—A CTS RELATED TO BREACH OF CONTRACT


73. On 27 May, 2014, Mr. Hoge sued Defendant Schmalfeldt for copyright

29


30/48

infringement. On 14 August, 2014, the case was settled via ADR. The terms of25

the settlement required that neither party would publish any of the other’s works

without prior written permission unless the work had been published under terms

of service allowing republication. No exception is allowed for Fair Use. The

Settlement Agreement is a contract enforceable under the Laws of the State of

Maryland.

74. In at least eleven instances since October, 2015, Schmalfeldt has

republished without permission material written by Mr. Hoge and originally

published on Hogewash! , Mr. Hoge’s website. Each instance was a violation of the

Settlement Agreement.

75. On or about 23 October, 2015, Schmalfeldt self-published a book via

Amazon’s CreateSpace service titled Confessions of an Undercover Internet Troll

under the pseudonym “Anonymous.” Material used without permission on pp. 8

and 9 infringed the Hogewash! blog post More Lawfare Threats From Team

Kimberlin published by Mr. Hoge on 3 September, 2012. (http://hogewash.com/

2012/09/03/more-lawfare-threats-from-team-kimberlin/)

76. On or about 24 December, 2015, Schmalfeldt published an article on

his blog Deep Brain Radio titled Goodness. Someone Thinks HE’S All That! (http://

deepbrainradio.com/2015/12/goodness-someone-thinks-hes-all-that/) which

contained material taken without permission from the Hogewash! blog post Bonus

Legal LULZ Du Jour published Mr. Hoge on that same date. (http://hogewash.com/

Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELJ (D.Md. 2014).25

30


31/48

2015/12/24/bonus-legal-lulz-du-jour-2/)

77. On or about 26 December, 2015, Schmalfeldt published an article on

his blog Deep Brain Radio titled Repition Is An Advanced Indicator Of Senility

(http://deepbrainradio.com/2015/12/repetition-is-an-advanced-indicator-of-

senitlity/)which contained material taken without permission from the Hogewash!

blog post Legal LULZ Du Jour published Mr. Hoge on that same date. (http://

hogewash.com/2015/12/26/legal-lulz-du-jour-5/)

78. On or about 2 January, 2016, Schmalfeldt published a Twitter message

(“tweet”) (http://twitter.com/FrendoDaPeeples/status/683318302790316033) which

contained material taken without permission from the Hogewash! blog post Android

Logins published Mr. Hoge on that same date. (http://hogewash.com/2016/01/02/

android-logins/)

79. On or about 15 January, 2016, Schmalfeld published an article on his

blog The Pontificator titled Is WJJ Hoge Just A Blogger? Or Cult Leader? (http://

thepontificator.com/2016/01/15/is-wjj-hoge-iii-just-a-blogger-or-cult-leader/) which

contained material taken without permission from the Hogewash! blog post An

Email published by Mr. Hoge on that same date. (http://hogewash.com/2016/01/15/

an-email/)

80. On or about 16 January, 2016, Schmalfeldt published a tweet (http://

twitter.com/YouGetNoQuarter/status/688421801077125120) which contained

material taken without permission from the Hogewash! blog post Legal LULZ Du

Jour published Mr. Hoge on that same date. (http://hogewash.com/2016/01/16/legal-

31


32/48

lulz-du-jour-9/)

81. On or about 19 January, 2016, Schmalfeld published an article on his

blog The Pontificator titled The Grand Hoge ITSELF Lifts Its Filthy Face From The

Trough To Boast About My Not Having Won A Case That Isn’t Even Ready To

Proceed (http://thepontificator.com/2016/01/19/the-grand-hoge-itself-lifts-its-filthy-

face-from-the-trough-to-boast-about-my-not-having-won-a-case-that-isnt-even-

ready-to-proceed/) which contained material taken without permission from the

Hogewash! blog post Team Kimberlin Post of the Day published by Mr. Hoge on that

same date. (http://hogewash.com/2016/01/19/team-kimberlin-post-of-the-day-1045/)

82. On or about 12 February, 2016, Schmalfeldt published a tweet (http://

twitter.com/hotcheeseshot/status/698182149300711424) which contained material

taken without permission from the Hogewash! blog post Team Kimberlin Post of the

Day published Mr. Hoge on that same date. (http://hogewash.com/2016/02/12/team-

kimberlin-post-of-the-day-1069/)

83. On or about 15 February, 2016, Schmalfeld published an article on his

blog The Pontificator titled Which of the Audio Comedy Bits Turned Hoggy On the

Most? (http://thepontificator.com/2016/02/15/which-of-the-audio-comedy-bits-turned-

hoggy-on-the most/) which contained material taken without permission from the

Hogewash! blog post Bonus legal LULZ Du Jour published Mr. Hoge on that same

date. (http://hogewash.com/2016/02/15/bonus-legal-lulz-du-jour-3/)



32


33/48

taken without permission from the Hogewash! blog post Logins published Mr. Hoge

on that same date. (http://hogewash.com/2016/02/23/logins-47/)



taken without permission from the Hogewash! blog post Team Kimberlin Post of the

Day published Mr. Hoge on that same date. (http://hogewash.com/2016/02/28/team-

kimberlin-post-of-the-day-1085/)

86. In addition to breaching the Settlement Agreement, Schmalfeldt’s

unauthorized reproduction of Mr. Hoge’s works violated his copyrights to them.

Thus, Mr. Hoge suffered damages in the loss of control of his copyrighted works.

Given that an application for registration is in process with each of the infringed

works and given that the infringement was willful, damages in an amount

equivalent to the statutory damages available under 17 U.S.C. § 504(c) should be

awarded.

PUNITIVE D AMAGES ARE JUSTIFIED IN THE INSTANT L AWSUIT

87. Mr. Hoge is but one of many victims of Brett Kimberlin’s ongoing

campaign of harassment, defamation, and lawfare aimed at silencing his critics.

Given the likelihood that Kimberlin and his associates will continue their attempts

at brass knuckles reputation management until it becomes too costly for them,

punitive damages are justified in the instant lawsuit.

33


34/48

PRAYER FOR RELIEF

WHEREFORE, Mr. Hoge asks the Court to find that all Defendants except

Tetyana Kimberlin defamed him, that Defendants Brett Kimberlin and Tetyana

Kimberlin engaged in malicious prosecution against him, and that Defendant

William Schmalfeldt engaged in breach of contract against him and to ORDER the

following:

i.) An award of damages in an amount in excess of $75,000 against

Defendant Brett Kimberlin and in favor of Mr. Hoge for one count of malicious

prosecution;

ii.) An award of damages in an amount in excess of $75,000 against

Defendants Brett Kimberlin and Tetyana Kimberlin, jointly and severally, and in

favor of Mr. Hoge for one count of malicious prosecution;

iii.) An award of damages in the amount in excess of $75,000 against

Defendant Schmalfeldt for breach of contract;

iv.) Separate awards of damages, each in an amount excess of $75,000,

against all the Defendants except Tetyana Kimberlin, jointly and severally, and in

favor of Mr. Hoge for each of nine counts of defamation;

v.) That a retraction and apology for the defamatory articles SHALL be

prominently published for a period of one year on the Home page Breitbart

Unmasked and at the top of the William Hoge Stalking A Teenager For His

Conspiracy Theory; William Hoge, Adjudicated Stalker? Peace Order Hearing This

Friday; Judge Calls Out Hoge For Perjury; Case Goes To Circuit Court; and

34


35/48

Vindictive: Hoge, Walker Running Out Of Ways To Harass Families articles as long

as they remain posted on the Internet;

vi.) That Defendant Schmalfeldt be ENJOINED from any further use or

republication of any of Mr. Hoge’s works;

vii.) That Defendants Brett and Tetyana Kimberlin be ENJOINED from

filing any further false Applications for Statement of Charges against Mr. Hoge;

and

viii.) Such other relief as the Court may deem just and proper.

Date: 2 March, 2016 Respectfully submitted,

William John Joseph Hoge, pro se

20 Ridge Road

Westminster, Maryland 21157

(410) 596-2854

[email protected]

35


36/48

Exhibit A Application for Statement of Charges, State v. Hoge, Case No. 3D00333028

(Md. D.Ct. Mont. Co. 2015). Minor child’s first name redacted.


37/48


38/48


39/48


40/48


41/48

Exhibit B Application for Statement of Charges, State v. Hoge, Case No. 3D00333028

(Md. D.Ct. Mont. Co. 2015). False statements striken.


42/48


43/48


44/48


45/48


46/48

Exhibit CSettlement Agreement from Hoge v. Schmalfeldt, Case No. 14-CV-01683-ELJ

(D.Md. 2014).


47/48

SETTLEMENT AGREEMENT

Dated: August

l4r20l4

This

Settlement

Agreement

( Agreement )

is made

and entered into this 14th day of

August,

2014by

and between Plaintiff

William John Joseph Hoge

( Hoge )

and Defendant

William M.

Schmalfeldt

( Schmalfeldt ) (Hoge

and Schmalfeldt are

collectively

referred to

herein

as the

Parties )

in

the case of Hoge v. Schmalfeldt,

Civil No. ELH-14-1683, in the United

States District

Court for

the

District of Maryland

( the

case ). The

purpose

of

this

Agreement

is

to

fully

settle

any and

all claims, counterclaims, cross-claims and

third-party claims

raised in the

case; to document

the Parties' agreement to certain conditions;

and to allow the

Parties to move

for the enforcement

of the Agreement.

The Parties

agree as

follows:

1. Hoge agrees to dismiss all of his

claims against

Schmalfeldt in

this case

with

prejudice.

Schmalfeldt

agrees to dismiss all of his counterclaims and amended counterclaims

against

Hoge

and

all

of his counterclaims and amended counterclaims against

Paul Krendler

(Anonymous Blogger)

with

prejudice.

2.

In

order to facilitate the dismissal of the

Parties'

claims and counterclaims,

the

Parties

agree that the

Court

will enter an Order

pursuant

to Local Rule 111 dismissing all claims,

counterclaims, cross-claims and third-party claims.

3.

The

entry

of the

Local

Rule

111

Order

will

be

without

prejudice

to the right of the

Parties

to

move

for

good

cause

within 30 days to reopen the case

if

settlement

is not

consummated. If neither of the Parties move to reopen, the dismissal shall be

with

prejudice.

4. The Panies agree that they will

not

post

or

re-publish

any

work or article written

by the other without

receiving

written

permission,

in advance, from the other

party,

unless

the

terms of service

permit

republication without

permission.

5.

The Defendant

agrees

to remove any and all remaining alleged

infringement

materials

as

to

Hoge

and

Hogewash.

6. In

the event that

either

of

the Parties breach this

Agreement, this Agreement does

not restrict

the

rights

of the non-breaching

party

to

take the appropriate legal actions

in the

appropriate legal

forum

to

seek

relief

for

the breach

of

contract.

7.

The Parties will

each

bear their own costs,

if any.

8.

Should any

provision

of

this

Agreement be determined by a court

of competent

jurisdiction

to be void or unenforceable, the

remaining

provisions

shall

remain valid and

enforceable

unless

agreed

to

by both of the

Parties.

g.

This

Agreement shall be deemed executed

in the

State of

Maryland and will be

governed

by the laws of the State of

Maryland, except to the extent that other

federal law may

Page I of2


48/48

apply. This Agreement

sets

fonh

the entire

agreement of the Parties. This Agreement

may not be

changed

orally, but may

be changed

only by a writing signed

by both of the Parties.

10.

This Agreement represents

a fully negotiated agreement.

The Parties have both

been

afforded the

opportunity, which

each has exercised,

to review the terms of the Agreement.

By:

out a,

frn

ff,

Zoll

By:

r

William

M.

Schmalfeldt

Page2

ofZ

Complaint (as Filed)

Documents

Transcript of Complaint (as Filed)