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
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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:
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William M. Schmalfeldt
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