IN THE CIRCUIT COURT FOR CARROLL COUNTY MARYLAND

WILLIAM JOHN JOSEPH HOGE, III )

Plaintiff )
)
v. ) Case No. 06-C-16-070789
)
BRETT KIMBERLIN, et al., )
Defendants )
) _________________

DEFENDANT SCHMALFELDTS RESPONSE TO PLAINTIFFS MOTION FOR

SUMMARY JUDGEMENT AGAINST DEFENDANTS ALMIGHTY MEDIA,
BREITBART UNMASKED AND WILLIAM SCHMALFELDT AS TO COUNTS II, IV, V,
VII, VIII AND X, AND AGAINST SCHMALFELDT ONLY AS TO COUNT III

COMES NOW Defendant William M. Schmalfeldt, Sr. to RESPOND to the WJJ Hoges

Motion for Summary Judgment.

I. INTRODUCTION
Plaintiff has created in his own mind the sufficient undisputed facts in the record and

developed on discovery to show that Almighty Media, Breitbart Unmasked and William

Schmalfeldt acted together to defame him. He has certainly not provided sufficient undisputed

facts to this court and has resorted to outright misleading this court to pretend that he has.
II. PLAINTIFF IS MISLEADING THE COURT WHEN HE SAYS SCHMALFELDT HAS
ADMITTED TO HAVING MANAGERIAL AND EDITORIAL CONTROL OVER
BREITBART UNMASKED AND HAVING AN OWNERSHIP INTEREST IN
ALMIGHTY MEDIA

Plaintiff cites Rule 424(b) in his assertion that by not having answered his request for

admissions that Defendant has, in fact, admitted to these allegations. This is yet another example

of Hoge trying to pull a fast one on this court. Defendant never received a copy of Hoges

Admission of Facts and Genuineness of Documents. Hoge has claimed to have mailed things in

the past that defendant never received. At first, Defendant thought this might be the document

referenced here.
But no, Hoge claims to have signed and mailed his document on March 14, the day after it was

received by the Post Office in Reistertown.

The period for discovery ended in mid-April, weeks after Hoge and this court received

defendants correct Iowa address. Instead of doing the responsible thing and resending the

document to Defendant in Iowa, Hoge waited for the discovery countdown clock to expire so he

could claim that Defendant had admitted to preposterous things to which Defendant would never

admit. Hoge did manage to find the time to mail a letter on April 17 claiming that he would

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henceforth serve court papers meant for Breitbart Unmasked to Defendants attention. But he

couldnt quite see his way clear to mailing another copy of the request for admissions. The

defendant is left to surmise that Hoge did not send the admissions a copy of which was never

provided to the court until now so he could avail himself of the provisions of Rule 424(b) and

thus claim Defendant had admitted to the things he alleges.

For the record, Defendant rejects all of Hoges requests for admissions as being

categorically false.
As Hoge has resorted to trickery and did not avail himself of the two weeks he had to

resend the request for admissions when he had Defendants actual Iowa address, Schmalfeldt

humbly ask this court to reject Hoges motion.

III. DEFENDANT IS NOT NOW NOR HAS HE EVER BEEN MARK CAMMERLING
AS DESCRIBED IN PLAINTIFFS MOTION, SECTION IV

For the same reasons as outlined above, Defendant believes Hoge either did not mail or

sat on a piece of returned mail containing his request for admissions and did not bother to resend

the document during the two-week window during which Hoge had Defendants correct Iowa

address.
For the record, Defendant denies each and every allegation in this section of the

Plaintiffs motion.
CONCLUSION
WHEREFORE this Defendant, did not receive a copy of Hoges request for admissions;

and
WHEREFORE Defendant believes Hoge either did not mail the above mentioned request

or did so knowing the mail would be returned as undeliverable; and

WHEREFORE Hoge did not avail himself of the time between March 31 and the

expiration of the discovery period to mail, e-mail, or otherwise send a copy of the request for

admissions to the defendant when he had Defendants correct Iowa address;

Plaintiff humbly asks this court to reject Plaintiffs request for summary judgment and for

any other relief as the court deems just and proper.

Date: May 22, 2017 Respectfully submitted,

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 William M. Schmalfeldt, Sr.
Woodspring Suites, Room 224
220 Whitty Drive
Myrtle Beach, SC 29579
843-429-0581
bschmalfeldt@mediacombb.net

AFFIDAVIT

I, 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 22, 2017 __________________________

William M. Schmalfeldt, Sr. Pro Se