1

_______________________________________ BRETT KIMBERLIN, * * IN THE CIRCUIT COURT OF Plaintiff, * * MARYLAND FOR v. * * MONTGOMERY COUNTY WILLIAM HOGE, * * * Case No. 403868V Defendant * _______________________________________

MOTION TO DISMISS FOR IMPROPER VENUE AND REQUEST FOR A HEARING

Pursuant to MD Rule 2-322 (a)(2), Defendant William Hoge, through his attorney F.

Patrick Ostronic, respectfully moves for an order dismissing the above captioned case because

the Circuit Court for Montgomery County is an improper venue to hear Plaintiff’s complaint.

1. Plaintiff filed this action on April 15, 2015 naming 19 defendants, of which only Mr.

Hoge is a resident of Maryland.

2. MD Rule 2-305 requires pleadings to clearly state the facts necessary “to constitute a

cause of action and a demand for the relief sought.”

3. Plaintiff’s Eighth Claim for Relief is a general allegation of conspiracy to commit torts.

This would seem to be a claim of “civil conspiracy” which our Courts have consistently

held as not being a separate tort for purposes of sustaining damages’ award:

It is not, therefore, for simply conspiring to do the unlawful act that the action lies. It is for doing the act itself, and the resulting actual damage to the plaintiff, that afford the ground of the action. The fact of conspiracy is matter of aggravation, and, as we have before stated, it only becomes necessary, in order to entitle the plaintiff to recover in one action against several, that the fact of the combination or conspiracy should be proved.

2

Alleco Inc. v. Harry & Jeanette Weinberg Foundation, Inc., 665 A.2d 1038, 340 Md. 176

(Md., 1994) (emphasis added).

4. Beyond merely using the word “conspiracy” in his Eighth Count, Plaintiff proffers

nothing to support his allegation of a conspiracy involving Mr. Hoge. Simply put, the

Conspiracy Count is not sufficiently pled to comply with the Rule 2-305 requirement that

there be “a clear statement of the facts necessary to constitute a cause of action and a

demand for the relief sought.”

5. The conspiracy charge is significant because the only avenue for Plaintiff to keep this

complaint in this Court – and this Court is the court that is most convenient for him and

only him – is to have at least one Maryland resident involved. Plaintiff is using Mr. Hoge

as his token Maryland resident.

6. What we are left with then is a mere collection of allegations against various individuals

and organizations. The Plaintiff’s counts against Mr. Hoge are independent of Plaintiff’s

allegations against the others, and he should have to separately allege them against Mr.

Hoge.

7. The general rule for determining venue as outline in MD. Code Ann., Cts. & Jud. Proc.§

6-201(a) (LexisNexis 2014) requires the Plaintiff to bring his action where the defendant

resides or works. Mr. Hoge does not live or work in Montgomery County, and Plaintiff

does not claim any of the exceptions to the general rule as provided by MD. Code Ann.,

Cts. & Jud. Proc.§ 6-202 and 6-203. Accordingly, Montgomery County is not the proper

venue for Plaintiff’s intended action against Mr. Hoge.

3

8. For the reasons stated above, Defendant William Hoge respectfully requests the

Complaint against him be dismissed on the grounds of improper venue and for such other

relief as this Honorable Court may deem just and proper.

REQUEST FOR HEARING

9. Mr. Hoge requests a hearing on this motion.

Date: ____________________ Respectfully submitted, _______________________________ F. Patrick Ostronic 932 Hungerford Drive, Ste. 28A Rockville, Maryland 20850

fpolaw@fpolaw.com (410) 440-4833 Pro Bono Counsel for Defendant

I certify that I am admitted to practice law in the state of Maryland.

_______________________________ F. Patrick Ostronic 932 Hungerford Drive, Ste. 28A Rockville, Maryland 20850

fpolaw@fpolaw.com (410) 440-4833 Pro Bono Counsel for Defendant

Certificate of Service I certify that on the ______ day of ____________, 2013, I mailed a copy of this filing to Brett Kimberlin at 8100 Beech Tree Road, Bethesda, Maryland 20817 and emailed a copy to Aaron Walker. _______________________________ F. Patrick Ostronic 932 Hungerford Drive, Ste. 28A Rockville, Maryland 20850

fpolaw@fpolaw.com (410) 440-4833 Pro Bono Counsel for Defendant