Motion for Alternate Service (Kimberlins) Redacted

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William John Joseph Hoge,

Plaintiff ,

v.

Brett Kimberlin, et al.,

Defendants.

PLAINTIFF’S MOTION FOR A LTERNATE SERVICE OF PROCESS ON DEFENDANTS

BRETT KIMBERLIN AND TETYANA KIMBERLIN

COMES NOW William John Joseph Hoge and moves this Court to allow

alternate means of service of process on Defendants Brett Kimberlin and Tetyana

Kimberlin pursuant to Md. Rule 2-121(b). In support of his motion Mr. Hoge states

as follows:

THESE DEFENDANTS ARE A CTIVELY E VADING SERVICE

On 7 April, 2016, Mr. Hoge delivered copies of Summonses, Civil Information

Reports, and Complaints to the Montgomery County Sheriff’s Office for service on

the Defendants. On 11 and 12 April, Deputy Michele Trigiani unsuccessfully

attempted to serve the Defendants at their last known address. The unserved

Returns of Service are docketed as Items 17 and 18.

Deputy Trigiani also filed an Affidavit stating that Brett Kimberlin was

evading service. See Docket Item 19. The affidavit states that Kimberlin responded

to the deputy’s note left at 8100 Beech Tree Road, Bethesda, Maryland, by

telephone saying, “ I WILL NOT accept service for the Summons!” Id., emphasis in

the original. Kimberlin is also quoted as saying, “good luck finding me.” Id.

IN THE

CIRCUIT COURT FOR C ARROLL COUNTY

M ARYLAND

Case No. 06-C-16-070789


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Deputy Trigiani also reported being informed by a neighbor that Tetyana

Kimberlin does not reside at the Beech Tree Road address. See Docket Item 17.

BOTH BRETT AND TETYANA KIMBERLIN H AVE BEEN RECEIVING SERVICE OF

COURT P APERS AT THE BEECH TREE ROAD A DDRESS

Brett Kimberlin has unsuccessfully sued Mr. Hoge four times since August,

2013. There has never been a problem with Kimberlin receiving service of court1

papers from Mr. Hoge, even when Mr. Hoge was acting pro se. In all of those cases,

mail for Kimberlin has been sent to 8100 Beech Tree Road, Bethesda, Maryland

20817. In fact, Kimberlin used the Beech Tree Road address in his signature block

on a motion he filed in the U. S. District Court for the District of Maryland on 19

April, 2016, one week after his telephone conversation with Deputy Trigiani.

Exhibit A.

Brett and Tetyana Kimberlin are parties in a lawsuit in the Circuit Court for

Montgomery County now styled Walker v. Kimberlin, et al. The Maryland2

Judiciary Case Search shows their address listed with that Court as 8100 Beech

Tree Road, Bethesda, MD 20817. Exhibit B. Judge Mason has ordered that service

Mr. Hoge was a defendant in the follow lawsuits filed by Brett Kimberlin:1

Kimberlin v. Walker, et al., Case No. 380955 (Md. Cir.Ct. Mont. Co. 2014), directed

verdict in Mr. Hoge’s favor; Kimberlin v. National Bloggers Club, et al. (I), Case No.

13-CV-3059-GJH (D.Md. 2015), dismissed for failure to state a claim; Kimberlin v.Hunton & Williams LLP, et al., Case No. 15-CV-723-GJH (D.Md. 2016), dismissed

for failure to state a claim; Kimberlin v. National Bloggers Club, et al. (II), Case No.

403868V (Md. Cir.Ct. Mont. Co.), dismissed for res judicata.

The case was originally styled Walker v. State of Maryland, Case No. 398855V2

(Md. Cir.Ct. Mont. Co. 2015). The case against the State has been severed and is

now on appeal to the Court of Special Appeals.

2

Text


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of court papers between the parties be by Certified Mail, Return Receipt Requested.

Exhibit C. The Plaintiff in that matter, Aaron Walker, has successfully served the

Kimberlins with a Motion for Default by mail, receiving a USPS green card receipt

dated 13 April, 2016, the day after Deputy Trigiani’s unsuccessful service attempt.

Exhibits D and D-1. Not only was the green card received, but also the Kimberlins

have filed an opposition to Mr. Walker’s Motion for Default. Exhibit D-2.3

Additionally, Tetyana Kimberlin used the Beech Tree Road address on the

false Application for Statement of Charges she filed against Mr. Hoge. See Exhibits

A and B in the Complaint.

Thus, Brett and Tetyana Kimberlin, as husband and wife, have received and

continue to receive mail at the Beech Tree Road address, and that mail service is

reliable.

BRETT KIMBERLIN AND TETYANA KIMBERLIN H AVE A CTUAL KNOWLEDGE OF THE

INSTANT L AWSUIT

Prior to the start of discovery in the Walker v. Kimberlin, et al. lawsuit, Brett

Kimberlin and Tetyana Kimberlin jointly filed and signed a Motion for Summary

Judgment. In paragraph 10 of his “Declaration” attached to that motion, Brett4

Kimberlin alleges, “His [Walker’s] associate and paralegal William Hoge has also

filed a suit against my wife and me earlier this month.”Walker v. Kimberlin, et al

.,

Exhibit D is an affidavit from Mr. Walker. Exhibit D-1 is a copy the green card.3

Exhibit D-2 is a copy of the Kimberlins opposition as served on Mr. Walker.

The Kimberlins are defending that suit pro se.4

3


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complete upon said mailing. Mr. Hoge also asks for such other relief as the Court

may find just and proper.

Date: 25 April, 2016 Respectfully submitted,

William John Joseph Hoge, pro se

20 Ridge Road

Westminster, Maryland 21157

(410) 596-2854

[email protected]

CERTIFICATE OF SERVICE

On the 25th day of April, 2016, I served a copy of the foregoing on William

Schmalfeldt via email (by permission).

William John Joseph Hoge

V ERIFICATION

I, William John Joseph Hoge, 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: ____________________________ ___________________________________

5

25 April, 2016


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Exhibit A

Brett Kimberlin’s Motion for Stay of Judgment Under Federal Rule of Civil

Procedure 62(b)(4)

Kimberlin v. Hunton & Williams LLP , Case No. 15-CV-723-GJH, ECF No. 136

(D.Md. April 19, 2016)


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Exhibit B

Extract from Walker v. Kimberlin, et al. Case Docket showing the addresses of the

parties.

Downloaded from http://casesearch.courts.state.md.us/casesearch/

inquiryByCaseNum.jis/ on 23 April, 2016.


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20160422, ase Information

Page 1ttp://casesearch.courts.state.md.us/casesearch/inquiryByCaseNum.jis

Circuit Court of Maryland

Go Back Now

Case Information

Court System: Circuit Court for Montgomery County - Civil System

Case Number: 398855V Sub Type: OTHER LAWDate Filed: 01/07/2015

Case Status: REOPENED

Plaintiff Information

(Each Alias, Address, and Attorney for the Plaintiff is displayed)

Name: WALKER, AARON

Address: P.O. BOX 3075

MANASSAS VA 20108

Defendant Information

(Each Alias, Address, and Attorney for the Defendant is displayed)

Name: STATE OF MARYLAND

Address: C/O OFFICE OF ATTORNEY GENERAL

200 ST PAUL PL

BALTIMORE MD 21202

Attorney(s) for the Defendant

Name: ROHDE, ALEXIS B

Address: OFFICE OF THE ATTORNEY GENERAL

200 ST PAUL PL 20TH FL

BALTIMORE MD 21202

Phone: 410-576-7293

Name: DISTRICT COURT OF MARYLAND FOR

Address: MONTGOMERY COUNTY

(OFFICIAL CAPACITY ONLY)

191 EAST JEFFERSON ST

ROCKVILLE MD 20850-2325





BALTIMORE MD 21202

Phone: 410-576-7293

http://window.history.go%28-1%29/


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Name: MCCARTHY, JOHN

Address: STATE'S ATTORNEY FOR MONTGOMERY COUNTY

(OFFICIAL CAPACITY ONLY)

5TH FLOOR

50 MARYLAND AVENUE

ROCKVILLE MD 20850





BALTIMORE MD 21202

Phone: 410-576-7293

Name: KIMBERLIN, BRETT

Address: 8100 BEECH TREE ROAD

BETHESDA MD 20817

Name: KIMBERLIN, TETYANA

Address: 8100 BEECH TREE ROAD

BETHESDA MD 20817

Name: ATTORNEY GENERAL OF MARYLAND

Address: 200 ST. PAUL PLACE

BALTIMORE MD 21202



Address: OFFICE OF THE ATTORNEY GENERAL200 ST PAUL PL 20TH FL

BALTIMORE MD 21202

Phone: 410-576-7293

Court Scheduling Information

(Schedule is subject to change)

Event Date: 04/25/2016

Description: DEF EXPERTS IDENTIFIED/FILED BY


Description: ALL WRITTEN DISCOVERY SERVED BY


Description: DISCOVERY COMPLETED


Description: MOTIONS/INC DISPOSITIVE FILED BY


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Exhibit C

Extract from Walker v. Kimberlin, et al. Case Docket showing Docket Item 117,

Judge Mason’s Order requiring service via Certified Mail.

Downloaded from http://casesearch.courts.state.md.us/casesearch/

inquiryByCaseNum.jis/ on 23 April, 2016.


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Docket Type: Docket Filed By: Court Status: PartialRuling Judge: MASON, MICHAEL D

Docket Text:

ORDER OF COURT (MASON, J.) THAT DEFENDANTS' MOTION TO DISMISSFOURTH AMENDED COMPLAINT (DKT. NO. 88) BE AND HEREBY IS GRANTED INPART AND DENIED IN PART; THAT DEFENDANTS' MOTION (DKT. NO. 88) , ASFAR AS IT PERTAINS TO THE CLAIM FOR MALICIOUS USE OF PROCESS INCOUNT I AND CONCERNS KIMBERLIN V WALKER, ET AL., CIVIL CASE NO.380966-V IS GRANTED; THAT COUNT I, AS FAR AS IT PERTAINS TO THE CLAIMFOR MALICIOUS USE OF PROCESS AND CONCERNS KIMBERLIN V. WALKER, ETAL., CIVIL CASE NO. 380966-V IS DISMISSED WITH PREJUDICE AND THAT

DEFENDANTS' MOTION (DKT. NO. 88) , AS FAR AS IT PERTAINS TO THE CLAIMFOR MALICIOUS PROSECUTION, IS DENIED, ENTERED. (COPIES MAILED)

Docket Date: 03/21/2016 Docket Number: 117Docket Description: ORDER, BIFURCATE/SEVER

Docket Type: Docket Filed By: Court Status: GrantedRuling Judge: MASON, MICHAEL D

Docket Text:

ORDER OF COURT (MASON, J.) THAT ALL FUTURE FILINGS BY ALL PARTIES INTHIS MATTER BE SERVED UPON ALL OTHER PARTIES BY CERTIFIED MAILWITH RETURN RECEIPT REQUESTED; THAT THE RETURN RECEIPT BE FILEDWITH THE COURT AND THAT ALL FUTURE FILINGS THAT DO NOT COMPLYWITH THIS ORDER BE STRICKEN, ENTERED. (COPIES MAILED)

Docket Date: 03/28/2016 Docket Number: 118Docket Description: AFFIDAVIT OF SERVICE:

Docket Type: Docket Filed By: Defendant

Docket Text: AFFIDAVIT OF SERVICE ON MOTION FOR SUMMARY JUDGMENT BY MAILINGAS TO AARON WALKER ON 3/19/2016 AND COPY OF RETURN RECEIPT, FILED.

Docket Date: 03/31/2016 Docket Number: 119Docket Description: OPPOSITION TO MOTION

Docket Type: Opposition Filed By: Plaintiff Reference Docket(s): Motion: 114

Docket Text:PLAINTIFF'S OPPOSITION TO THE DEFENDANTS' MOTION FOR SUMMARYJUDGMENT AND OPPOSITION TO REQUEST FOR HEARING, AFFIDAVIT ANDATTACHMENTS, FILED.

Docket Date: 04/07/2016 Docket Number: 120Docket Description: MOTION, DEFAULT

Docket Type: Motion Filed By: Plaintiff Status: OpenReference Docket(s): Opposition: 123

Docket Text: PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS, FILED.

Docket Date: 04/07/2016 Docket Number: 121Docket Description: DESIGNATION OF EXPERT WITNESSES

Docket Type: Docket Filed By: Plaintiff Docket Text: PLAINTIFF'S STATEMENT ON EXPERT WITNESSES, FILED.

Docket Date: 04/14/2016 Docket Number: 122Docket Description: AFFIDAVIT OF SERVICE:

Docket Type: Docket Filed By: Other

Docket Text:AFFIDAVIT OF SERVICE ON OPPOSITION TO THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT: SERVED AS TO BRETT AND TETYANA KIMBERLIN ON04/05/2016 AND RETURN RECEIPT, FILED. (LP)


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Exhibit D

Affidavit of Aaron Walker.


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MARYLAND:

IN THE CIRCUIT COURT OF CARROLL COUNTY

WILLIAM HOGE,

Plaintiff

v. Case No. 06-C-16-070789

BRETT KIMBERLIN, ET AL.,

Defendants

AFFIDAVIT OF AARON J. WALKER, ESQ.

1. My name is Aaron J. Walker, Esq. and I make these statements based upon my

own personal knowledge. I am an attorney in good standing in Virginia and the District of

Columbia (but not in Maryland), currently self-employed as a solo practitioner. I am over 18

years of age, and if called to do so, I am competent to testify that the contents of this affidavit are

accurate and true.

2. I am the Plaintiff in the case currently styled Walker v. Kimberlin, et al., Case No.

398855V (Md. Cir. Ct. Mont. Co. 2015), where I am suing Brett and Tetyana Kimberlin for

malicious prosecution arising from charges they filed against me. Those charges are virtually

identical to the charges at the center of this case. On March 10, 2016, that case survived a

Motion to Dismiss.

3. A continual problem in all litigation involving Mr. Kimberlin is service of

process—that is, he often refuses to send to every party a true and correct copy of every

document he files, every time. Because of this, I sought sanctions against Mr. Kimberlin for

repeated failure to provide service of process. Judge Mason has been specially assigned to this


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Exhibit D-1

Copy of USPS Certified Mail Return Receipt.


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Exhibit D-2

Brett and Tetyana Kimberlin’s Response to Plaintiff’s Motion for Default filed in

Walker v. Kimberlin, et al.


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Exhibit D-3

Brett and Tetyana Kimberlin’s Motion for Summary Judgment and a Hearing filed

in Walker v. Kimberlin, et al. as served on Plaintiff Aaron Walker.


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William John Joseph Hoge,

Plaintiff ,

v.

Brett Kimberlin, et al.,

Defendants.

PROPOSED ORDER

Upon consideration of Plaintiff’s Motion for Alternate Service of Process on

Defendants Brett Kimberlin and Tetyana Kimberlin and any opposition thereto,

said motion is GRANTED this ________ day of ___________, 2016. Service of process

on these defendants may be effected by mail to 8100 Beech Tree Road, Bethesda,

Maryland 20817, and SHALL be complete upon mailing.

It is so ORDERED.

__________________________________Circuit Court Judge

IN THE

CIRCUIT COURT FOR C ARROLL COUNTY

M ARYLAND

Case No. 06-C-16-070789

Motion for Alternate Service (Kimberlins) Redacted

Documents

Transcript of Motion for Alternate Service (Kimberlins) Redacted