Singing River Emergency Motion

8/20/2019 Singing River Emergency Motion

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ORIGIN L

IN

THE SUPREME COURT OF

THE

STATE

OF

MISSISSIPPI

cAusE No : ~

,

ho -

CYNTHIAN. ALMOND, et l

VERSUS

SINGING RIVER HEAL TH SYSTEM, et

l

FILE

JAN

15

28

OF~cor

COURT

OF

PPE LS

PLAINTIFF

DEFENDANT

On appeal from the Chancery Court

of

Jackson County

CYNTHIAN. ALMOND, et l v SINGING RIVER HEALTH SYSTEM, et l

Cause No. 2014-2653-NH

MOTION FOR EMERGENCY

OMNIBUS

RELIEF

**EXPEDITED

CONSIDERATION

REQUESTED**

COMES NOW the Plaintiff, CYNTHIAN. ALMOND, by and through her attorneys of

record, DENHAM LAW FIRM, PLLC, and BARTON LAW FIRM, PLLC, and files this her

Motion for Emergency Omnibus Relief and in support of said Motion respectfully petitions the

Court for the recusal of Judge L. Breland Hilburn, in the above styled case along with

consolidated Plaintiffs cases, KITTY AGUILAR, BRENDA EILAND, RALPH DRURY,

MAURY THOMPSON, and HOWARD BOSARGE, and additional omnibus relief and in

support thereof would show as follows:

I INTRODUCTION

This appeal is being presented pursuant to MRAP Rule 1 for proceedings on petitions

for writs or other relief which the Supreme Court or the Court of Appeal

or

a justice

of

the

Supreme Court or Judge

of

the Court

of

Appeals is empowered to trust. Movant further asks

that due to the extraordinary nature

of

this motion that there be a Rule 2(c) suspension

of

the

rules for good cause

so

as

to

expedite a decision and make such decisions as is necessary to

provide justice.

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MOTION


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Due to serious concerns regarding the impartiality, bias, and ongoing conduct

of

Judge L

Breland Hilburn and Special Master Brett Singletary, the Special Master appointed by Judge

Hilburn to oversee the discovery, interviewing witnesses, and obtaining expert consultation,

Plaintiff filed a motion to recuse both Judge Hilburn and Special Master Singletary on or around

December 4, 2015. The hearing

on

the motion to recuse was set for January 13, 2016 at 9:00 am.

As was Plaintiff s Motion to Resume Discovery

At approximately 4:51 p.m. on January 12, 2016, Plaintiffs counsel received an

unexpected e-mail order from Judge Hilburn. In said e-mail, Judge Hilburn announced that he

was staying the Jackson County Chancery Litigation i.e. plaintiff s lawsuit. The stay, though

noted to e Temporary Stay, has no set end date, and may continue in perpetuity.

Plaintiff was left stunned.

Prior to issuing said Order cancelling Court on January 13, 2016, and thereafter, Judge

Hilburn attended a clandestine, ex parte meeting the very day

of

his extraordinary Order, January

12, 2016, with numerous members

of

the Defense Counsel and other attorneys with interest

adverse to Plaintiffs. The secret meeting was held at the law office of Special Master Britt

Singletary in Biloxi, Mississippi, and ended less than an hour before Hilburn entered his e-mail

order staying Plaintiff s litigation. This meeting was never noticed and Plaintiff and her attorneys

were not intended by the attendees to learn about the meeting.

The secret meeting with Judge Hilburn was attended by the following attorneys, all

of

whom

have interests adverse to or conflicting with the Plaintiff:

1

Attorney Brett Williams, a partner with the Dogan and Wilkinson Law Firm, the law

firm representing Singing River Health System, and son

of

Roy Williams, long time counsel

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for Singing River Health System who was also a partner with Dogan and Wilkinson and only

left the practice approximately one month after this litigation began;

2. Attorney Kelly Sessums of the Dogan and Wilkinson Law Firm, the law firm

representing the Singing River Health System;

3. Attorney and former Judge Steve Simpson, the Special Fiduciary appointed by the

Court to represent the interests of all of the plan beneficiaries;

4

Attorney William Billy Guice of the Rushing and Guice Law Firm, special counsel

hired to represent Jackson County, Mississippi;

5 Attorneys James Jim Reeves and Matthew Mestayer of the Reeves and Mestayer

Law Firm, counsel for approximately eight plaintiffs in the Federal Class Action lawsuit, who

are referred to as the Lay Plaintiffs;

6 SRHS Retirement Plan Trustee, Scott Taylor who was recently appointed Trustee of

the Singing River Health System by John McKay;

7 Special Master Britt Singletary, appointed by Judge Hilburn to facilitate discovery; and

of

course

8 Judge L Breland Hilburn, Chancery Court Judge over the Singing River Health

System Litigation, appointed by the Mississippi Supreme Court.

Each of the aforementioned parties can be seen on the film labeled Exhibit 1- Video Camera

1, Exhibit 2- Video Camera 2, and in the set of still images taken from the video labeled

as Exhibit 3- Still Images 1-9. The secret January 12, 2016, meeting clearly violated

numerous ethical rules applicable to the attorneys present and, most importantly, the Code of

Judicial Conduct which requires Judge Hilburn and Special Master Singletary to remain

impartial and forbids them from engaging in such ex parte communication.

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The Plaintiffs are filing for an emergency hearing by the Mississippi Supreme Court as

the only venue where the Plaintiffs may obtain justice. This case involves a local government

divided in a One Hundred Fifty Million dollar ( 150,000,000.00) conspiracy and fraud affecting

as many as three thousand two hundred (3,200) plan beneficiaries, all

of

whom have been

employed by the Singing River Health System. What started as a travesty for the retirees of the

hospital has now been exacerbated due to the judicial corruption of the special Judge appointed

by this very court and his appointed Special Master, Britt Singletary. Judge Breland Hilburn,

who was appointed to replace Chancellor

D

Neil Harris, has by his actions, forced Attorneys for

the majority of

the Plaintiffs to file a motion for the Judge to recuse himself. In the Chancery

action for discovery and accounting, the Judge has intentionally delayed and refused discovery,

refused to make the Defendants follow the law, and has been so opposed to the undersigned

Plaintiffs' counsel that there is not a semblance of fairness or justice.

The recusal motion, amongst other motions, was set for hearing on January 13, 2016.

On

January 12, 2016,,Judge Hilburn had a secrete ex parte meeting with most

of

the attorneys

representing interests opposed to the Plaintiffs represented

by

the undersigned counsel, as well as

the Court appointed special fiduciary and a newly appointed Trustee of the hospital. At the

conclusion of the meeting, Judge Hilburn sent out an e-mail at 4:51

pm

canceling the next days

hearing under the guise

of

udicial economy regarding the parallel pending Federal Court Class

Action Certification.

All

state court actions have been stayed by Judge Hilburn pending his

further orders if necessary. This order was in furtherance

of

the conspiracy between Judge

Hilburn and most

of

the defense attorneys along with a few

of

the Plaintiffs' attorneys, Jim

Reeves and Matthew Mestayer, who stand to make in excess

of

six million dollars

( 6,000,000.00) in attorney fees in the class action for entering into a despicable deal with the

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County and Singing River Health System that does not protect the retirees in the future, and

provides no guarantee of future payments.

Judge Hilburn knowingly and intentionally violated multiple Judicial Canons when he

attended and participated in the clandestine meeting with the above mentioned attorneys. The

attorneys involved have committed ethical breaches for which they should all be sanctioned, and

the trustee and fiduciary have violated their duty

to

protect the retirees and plan beneficiaries.

This conspiracy is in furtherance of a previous conspiracy to terminate the plan benefits and

extinguish the debt that the Health System owed to the plan for failure to make their share of the

plan contributions since 2009, and likely prior, as well as lost earnings.

This case demands the immediate attention of the Supreme Court to protect the integrity

of the entire judicial system in Mississippi.

II STATEMENT OF FACTS AND PROCEDURAL HISTORY

1

On or about October 20, 2014, the SRHS Retirement Plan Trustees held a Special Called

meeting at 4:00 pm

at the Gautier, Mississippi, Medical Conference. In attendance were several

of

the named Defendants, including but not limited to Lee Bond, Kevin Holland, Tommy

Leonard, Celeste Oglesby, Larry Shoemaker, Morris Strickland, Craig Summerlin, Mike

Tolleson, as well as representatives from Transamerica, Roy Williams, Esq. from Dogan

Wilkinson, Louis Watson, Esq. and Charles Cowan, Esq. from Wise, Carter, Child Caraway

Martin Moderson, Esq. from the Denton Law Firm, and Josh Eldridge acting as the Comptroller

from the Jackson County Board of Supervisors, among others as seen in Exhibit A. The

special executive meeting was called to order by Mr. Summerlin, and the minutes state that

several aforementioned law firms along with Transamerica had been working

on

the SRHS

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retirement plan, and presented three options to the board regarding the plan which includes 1

plan termination/liquidation 2) radical plan redesign 3) plan choice/termination. This was an

executive session and the minutes state that the next executive session would be on Friday,

October 24, 2014, at the Ocean Springs Hospital Boardroom.

2.

On or about

11

:00 am on October 24, 2014, in the Boardroom at Ocean Springs Hospital,

the board along with counsel who met previously at the October 20, 2014, meeting as referenced

in

Exhibit

A, a second Executive Session was called, with most

of

the attendees being the

same as the October 20, 2014, but additionally Harold and Jason Small from Fiduciary Vest, an

actuarial firm from Georgia hired by Singing River Health System. The minutes state that

Mr.

Holland reported that

Mr.

Bond and he met with the Jackson County Board of Supervisors on

three (3) different occasions this week to review the three (3) options suggested for deciding the

future of the Pension Plan. All meetings were attended by Mr. Eldridge and the Board's

attorney. Mr. Josh Eldridge is the current Jackson County Chancery Clerk. With assistance from

the internal and external legal team as well as financial advisors, those present in the executive

session suggested that a resolution be drawn up and presented to the full Board ofTrustees

choosing option three (3), Plan termination. Minutes from this meeting are attached hereto as

Exhibit B.

3.

The Plaintiff/Appellant, CYNTHIAN. ALMOND, filed a Complaint in the Chancery

Court of Jackson County, Mississippi, on December 5, 2014. On December 8, 2014, the Plaintiff,

CYNTHIAN. ALMOND, filed an Amended Complaint, attached hereto as Exhibit C. The

Chancery Clerk of Jackson County, Mississippi assigned the case to Chancellor Jaye Bradley as

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Cause No. 2014-2653. Chancellor Bradley entered a Temporary Restraining Order on December

5, 2014, attached hereto as Exhibit D. Subsequent thereto, on December 8, 2014, Chancellor

Bradley entered an Order ofRecusal attached hereto as Exhibit

E.

Upon entry

of

the Recusal

Order, the case was reassigned to Chancellor D. Neil Harris, Sr. whereby he entered a second

Temporary Restraining Order on December 8, 2014, in the Jackson County Chancery Court in

Pascagoula, Mississippi, attached hereto as Exhibit F.

4.

Defendant, SINGING RIVER HEALTH SYSTEM, wrongfully removed Plaintiff,

CYNTHIAN. ALMOND s, case to Federal Court on December 11, 2014. Counsel for Plaintiff

then filed five (5) additional cases in Jackson County Chancery Court in front of Chancellor

Harris in order to maintain a Temporary Restraining Order and prevent the termination

of

the

plan, as Defendant, SINGING RIVER HEALTH SYSTEM, wrongfully removed each one

individually to U.S. District Court. Counsel for Plaintiff filed

Maury

G

Thompson

v

SRHS

Cause No.: 2014-2695, Ralph Drury v SRHS Cause No.: 2015-0001, Brenda Jean Eilandv.

SRHS Cause No.: 2015-0030, Kitty Aguilar

V

SRHS Cause No.: 2014-2753 and Howard

Bosarge v SRHS

Cause No.: 2014-2729,in Jackson County Chancery Court in order to protect

the Plan from termination.

5

On or about December 16, 2014, United States Magistrate Judge, Robert H. Walker

issued an Order Staying Proceedings and scheduling a telephonic case management conference

call. Order attached hereto as

Exhibit

G.

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6

On or about January 15, 2015, the United States District Court for the Southern District

ofMississippi, issued an Agreed Stay Order to protect the Plan and prevent termination, Federal

Order attached hereto as Exhibit H. Memorandum Opition and Order Granting Plaintiff's

Motion to Remand, attached hereto as

Exhibit I,

and promptly remanded Plaintiff, CYNTHIA

N. ALMOND's case back to Chancery Court of Jackson County, Mississippi for adjudication,

along with five (5) other similar cases, Plaintiffs, KITTY AGUILAR, BRENDA EILAND,

RALPH DRURY, MAURY THOMPSON, and HOWARD BOSARGE.

7.

On or about January 16, 2015, Defendant, SINGING RIVER HEALTH SYSTEM,

immediately moved to have Chancellor D. Neil Harris Recused by filing a Motion for Recusal

attached hereto as

Exhibit J,

along with Plaintiff's Brief in Response to SRHS's Motion to

Recuse attached hereto as Exhibit J-1, and Defendant's Reply attached hereto as Exhibit J-

2.

8

On or about January 26, 2015, and again on February 4, 2015, Plaintiff issued a

Subpoena Duces Tecum to the Defendant, both attached hereto as

Exhibit K

and

Exhibit L

9

On February 5, 2015, Defendants moved to Quash Plaintiff's Subpoena Duces Tecum,

Motion attached hereto as Exhibit M.

Due to lack

of

response from Defendant and no

movement from the Court, Plaintiff filed a Notice of Service ofDiscovery Requests with the

Court on February 10, 2015, attaching all requested documents, attached hereto as

Exhibit N.

10.

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On

or

about February 5, 2015, Chancellor D. Neil Harris Sr. entered an Order of

Reference whereby he

su sponte

appointed Honorable Alben N. Hopkins as a Special Master to

hear the Motion

to

Recuse filed by the Defendant.

11

Plaintiff,

CYNTHIAN

ALMOND,

on

February 10, 2015 filed her Motion to Compel

and for Sanctions due to the Defendant s failure

to

respond and the intentional delay in the

matter. Plainti ff noticed the Motion for February 12, 2015. Motion attached hereto as Exhibit

0.

12.

Plaintiff,

on

February 10, 2015, also had two depositions Subpoenas issued, one for

Morris Strickland, former Singing River Health System Retirement Plan Trustee, appointed by

Jackson County Supervisor John McKay, to take place at 9:30 am

on

February 26, 2015, at

Denham LawFirm, attached hereto as Exhibit P, and the other for Michael Crews, former

SRHS CFO, to take place at 9:30 am on February 25, 2015, at Denham

Law

Firm, attached

hereto as

Exhibit Q.

Neither depositions took place

on

that date and time, but both were

rescheduled and as

of

the date

of

this filing, are the only two (2) depositions which were taken in

this case, despite numerous requests for additional depositions.

13.

On or about February 12, 2015, Special Master Alben Hopkins, appointed by Chancellor

D. Neil Harris to oversee the recusal hearing conducted the hearing, and

on

or

about February

17, 2015, at 11:16 am, Special Master Hopkins issued his Findings

of

Fact and Conclusions

of

Law, Report, and Recommendation of the Special Master, recommending that Chancellor Harris

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remain on the case, and stating that he saw no reason for Chancellor Harris to recuse himself.

Order attached hereto as Exhibit R.

14.

Chancellor D. Neil Harris filed his Order with the Court on February 17, 2015, denying

Defendant s Motion for Recusal, Exhibit S, stating that the standard

ofproof

for recusal was

not met. On the same day, Defendant, SRHS filed their objection to the Special Master Report,

Motion to Set Aside Findings ofFact, and Conclusions

of

Law and Request for Hearing Pursuant

to MRCP 53(g)(2), attached as

Exhibit T.

15.

Defendant, SRHS, on February 26, 2015, filed with the Jackson County Chancery Court

their Notice of Filing a MRAP 48B Motion for Disqualification ofTrial Judge Application for

Extraordinary Relief and Motion to Stay and a Motion to Stay Proceedings, attached hereto as

Exhibit U.

16.

Upon appeal to the Mississippi Supreme Court, Chancellor Harris issued his recusal

Order on or about March 26, 2014, attached hereto as

Exhibit

V, and on or about April 10

2015, the Supreme Court

of

Mississippi appointed former Circuit Judge L. Breland Hilburn to

preside over all Singing River Health System Retirement System cases in the Chancery Court of

Jackson County, Mississippi, attached hereto as

Exhibit W.

17.

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Defendant, Singing River Health System, responded to Plaintiff's Requests for

Production

of

Documents on

or

about May 26, 2015, with a standard objection to each and every

ninety-two (92) requests, producing not one document, response attached hereto as

Exhibit

X.

18.

Judge

L

Breland Hilburn held the first status conference since his appointment on May

12, 2015, and May 13, 2015, at the Jackson County Chancery Court, in Pascagoula, Mississippi,

transcript from this hearing attached hereto as

Exhibit Y.

During this hearing, Judge Hilburn

encouraged the defense to produce the discoverable materials, and stated that he was going to

require the defendant to adequately explain the current posture of the employee retirement

system and the transactions that occurred in that system which have brought it to the

circumstance it is in at this time. (Pg. 14, lines 4-10). Additionally Judge Hilburn also breached

the issue ofhaving a Special Master appointed for the purpose

of

obtaining discovery,

interviewing witnesses, and obtaining expert consultation. As a good-faith attempt to obtain the

requested materials,

W

Harvey Barton and Earl Denham, counsel for Plaintiff herein contacted

Brett Williams and Carly Duvall, counsel for Singing River Health System to attempt to obtain

discovery. As of the date of this filing, there has been no response produced as required by law.

See good-faith letter with discovery attached hereto as

Exhibit

Z.

19.

Plaintiff filed her second Motion to Compel and for Sanctions on June 4, 2015,

(Exhibit

AA, ) and noticed it for the June 10, 2015, hearing, a copy of the transcript is attached as

Exhibit BB

During this hearing, Judge Hilburn was on the bench from 9:00 am until 9:35 am.

Judge Hilburn had requested that the parties get together and come to an agreement as to the

Special Master and prepare and present an Agreed Order for 1 00 pm. Within approximately

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thirty (30) minutes, both counsel for Plaintiffs and Defendants were aware that there would not

be an agreement as requested by the Judge, and one

of

the attorneys for the Defendant attempted

to contact him on his cell phone and informed the other attorneys that Judge Hilburn would not

be returning to the bench until 1 00 pm. With a little more th n three (3) hours to spare, all

parties left and the courthouse and resumed

at

1 00 pm as planned with no Agreed Order, and the

hearing was adjourned having made little to no progress at 1 56 pm.

20.

All counsel ofrecord received an email from Judge L. Breland Hilburn on

or

about 9:01

am on Monday, June 8 2015, stating that he has signed an Order Appointing Receiver and that

he believes

it

is

in

the best interest of all concerned

if

this Special Master is someone who is not

from the

Gulf

Coast Area. [Emphasis Added] Judge Hilburn goes on to suggest the appointment

ofRobert W. Sneed who within days communicated with the attorneys of record via e-mail that

the amount ofwork and time was too much for him, as this was an extensive case, and he

declined the appointment, email attached hereto as Exhibit CC

21

On June 12, 2015, Judge Hilburn entered a Scheduling Order, opposed by Plaintiff's

counsel Earl Denham and W. Harvey Barton, attached hereto as Exhibit

DD,

an Order

appointing Receiver, Terry Miller, for Limited Purposes, Order attached hereto as

Exhibit

EE,

and an Order preventing any

of

the funds in the retirement plan to be used for payment of

attorney fees, attached hereto as Exhibit FF.

22.

On June 23, 2015, the deposition ofMike Crews, former Chief Financial Officer was

taken at the Law Offices ofDonald Doman. The deposition was videoed and lasted

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approximately six (6) hours. This would be the first

of

two (2) depositions taken to date,

transcript of deposition attached hereto as Exhibit FF-1

23.

Judge L. Breland Hilburn, on Wednesday, June 24, 2015 at approximately 1:24pm, sent

an email to attorneys

of

record informing them that he had signed an Order appointing Britt

Singletary, Esq. as Special Master. Judge Hilburn clarified that he was

in

no way avoiding [his]

obligation

or

responsibility, by appointing a Special Master, and that Judge Singletary is

authorized to hear and resolve all discovery disputes. Email attached hereto as Exhibit GG

24.

Despite the objection from

Plaintiffs

Counsel, Judge Hilburn entered a Protective Order

on

June 29, 2015, preventing the sharing of any information which the Defendants deemed

confidential from being shared with the Plaintif f herself. These documents which the Defense

deemed confidential were not produced in camera as per the rules, but were simply addressed as

a blanket confidentiality and entered and signed as

an

Order by Judge Hilburn, attached hereto as

Exhibit HH.

25.

Judge L Breland Hilburn entered an Order

on or

about June 29, 2015, appointing Special

Master Britt R Singletary, as stated in his email dated June 24, 2015, vesting him with the

powers to conduct discovery, provide an accounting, obtain information regarding the shortfall

of the plan, subpoena witnesses and documents, resolve discovery disputes, and obtain expert

assistance in the preparation

of

reports to the Court. The Order is attached hereto as Exhibit

II. During that same hearing, Judge Hilburn ordered SRHS to produce to the Plaintiffs at the

next status hearing, a year by year simple accounting

of

contributions to the plan.

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26.

Upon the entry

of

the Order appointing him, Special Master Singletary sent an email to

all counsel

of

record introducing himself, confirming his powers, and stating that he was going to

get to the bottom

of

all this and that he would

be

deciding all discovery motions. The email

was in response to one sent

on

July

1

2015 at 5:11 pm from Brett Williams, Esq., counsel for

Defendant, SRHS expressing concerns regarding disclosure

of

information between William

Guice, attorney for Jackson County, Mississippi, and to any other parties besides the Special

Master. The complete email is attached hereto as

Exhibit JJ.

27.

Counsel for Plaintiff Noticed the Deposition

of

John McKay, Jackson County Supervisor,

for Tuesday, July 28, 2015, at 9:00 am, notice attached hereto as

Exhibit KK,

at the Law

Offices

of

Fred Feeney, a location which had a board room which could accommodate a large

number

of

people and provide an atmosphere where everyone could hear the testimony. John

McKay was, at the time, running for re-election to the Jackson County Board

of

Supervisors, and

had, on one occasion at least, told the public that they should be grateful to Morris Strickland, a

SRHS Board

of

Trustee member due to his fruitful gains

on

investments concerning the SRHS

Pension Plan which created a hotly contested race for his position. Upon Mr. McKay's service of

the issued Deposition Subpoena, Mr. Guice sent a letter to Harvey Barton and Earl Denham

stating that he would not be making his client available for depositions until after the election,

August 7 2015. Letter attached hereto as

Exhibit

LL.

28.

On

or

about July 15, 2015, William Guice signed his motion to Quash McKay's

Deposition and for Protective Order due to the upcoming elections. Plaintiff was not forwarded a

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Notice

of

Motion or a filed copy

of

the Motion, if they were ever filed with the Court, and no

hearing was held

on

this matter, signed un-filed Motion attached hereto as Exhibit MM.

29.

Plaintiff had scheduled the deposition

of

SRHS Board

of

Trustee Morris Strickland for

July 22, 2015, and it was taken at the Law Offices ofFred Feeney. Brett Williams, attorney for

Singing River Health System, was the attorney representing Mr. Strickland during that

deposition, yet

at

that time, Mr. Strickland had already resigned from the Board ofTrustees due

to an investigation that uncovered that Mr. Strickland was actually a resident ofHarrison County,

Mississippi, not Jackson County, Mississippi, which is a pre-requisite for sitting on the Board

of

Trustees for the Jackson County Hospital, Singing River Health System. The deposition

transcript is attached hereto as Exhibit NN.

30.

On or about Friday, July 24, 2015, before close

of

business, Earl Denham received a

message that Judge Singletary had signed an Order continuing the Deposition of John McKay.

Earl Denham then, on Monday, July 27, 2015, at 8:00

am

drove to Special Master Singletary s

Office to obtain a copy

of

the signed and filed Order. The receptionist advised Denham that

Special Master Singletary was in a meeting all morning with the Golden Nugget, a local casino,

and that she would leave him the message. On that same day, an Order, dated July 27, 2015, was

signed and filed with the Court by Special Master Singletary, not

on

July 24, 2015, as purported

by William Guice to Denham. A copy

of

the July 27, 2015, Order is attached hereto as Exhibit

00.

31.

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The day prior to Jackson County elections, where many of the incumbents were

experiencing scrutiny for their handling

of the SRHS Retirement matter and their lack of

transparency, William Guice sent a letter to all attorneys

of

record informing them that he would

be out of the country from August 7, 2015, until August 23, 2015, and that again he would be

out

of

town during the runoff elections scheduled for August 25, 2015 and again on August 27-

28, 2015, and that he would be unable to attend any depositions prior to Labor Day. Guice's

letter is attached hereto as

Exhibit PP.

This further delayed any depositions from occurring,

and the November 15, 2015, discovery deadline was quickly approaching.

32.

Because of the delay in discovery and depositions, and in an attempt to set a time and

date certain to gather all

of the attorneys and interested parties, Earl Denham and Harvey Barton

attempted to contact Special Master Singletary in a letter dated August 25, 2015, in order to

reserve several dates to conduct discovery through motions, and to hold depositions. Denham's

letter attached hereto as

Exhibit QQ,

as discussed with Judge Hilburn during one of the status

hearings.

33.

On or about September 8, 2015, Earl Denham and Harvey Barton reached out via email

to Judge Singletary to follow up on the letter dated August 25, 2015

(Exhibit QQ ),

to request

a discovery hearing and some dates for depositions. Special Master Singletary responded back on

September 10, 2015, at 9:58 am stating that a meeting was held among Federal Magistrate

Guirola, Judge Hilburn, Federal Magistrate Walker and Special Master Singletary on or about

September 3, 2015, stating that all parties were noticed, but not permitted to attend and that he

was under the directions to stay all discovery pending the success or abandonment of the

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mediation being conducted by David Houston, the appointed mediator in the Federal SRHS

cases. Neither Earl Denham

or

Harvey Barton received notification

of

said meeting as stated by

Special Master Singletary in attached email,

Exhibit RR,

and neither Denham nor Barton

have any cases within the Federal Court's jurisdiction.

34.

As per his email

of

September 10, 2015, on September 14, 2015, Special Master

Singletary filed

an

Order staying all discovery, Order attached hereto as Exhibit

SS.

On the

same day, at approximately 4:01 pm, Judge Hilburn sent an email letting all counsel know that

on the regularly scheduled monthly status day of September 23, 2015, where there were several

motions pending, he would be there for any summary matters

or

agreed orders that needed to

be

entered by the court at :00 a.m., but that there would be no court hearing on that day due to

the Federal Mediation occurring simultaneously at the Redding House in Biloxi, Mississippi.

Judge Hilburn's email is attached hereto as Exhibit TT.

35.

There were several email exchanges from September 15, 2015, to September 16, 2015,

between Harvey Barton, Earl Denham, Special Master Singletary and Judge Hilburn. Denham

initially sent an email to Judge Hilburn regarding the stay in discovery requesting his guidance

on obtaining any discovery in any ofhis pending cases, as the original Almond Complaint is a

Bill of Discovery and accounting which is now twelve (12) months overdue. Judge Hilburn

responded stating Any motions

or

other trial issues need to be noticed for our October meeting

date. Denham then requested clarification regarding the accounting that was due him from the

previous hearing, as Judge Hilburn had stated, on the record, that SRHS would be ordered to

produce an accounting showing amounts that were deposited into the account year-by-year and

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the funds available to deposit by documentation. Special Master Britt Singletary responded to

Denham's request regarding the accounting stating a new Special Fiduciary for the Pension

Fund is about to be appointed. We will see that info is obtained. Approximately one hour later,

Denham asked two additional questions: 1

if

the information that the Judge ordered the hospital

to produce by September 23 would be available that day and 2)

if

(Special Master Singletary)

realized how soon discovery would be cut

off

by the Scheduling Order entered over Denham's

objection. Within fifteen (15) minutes, Special Master Singletary responded stating that the

Federal and State Judges have met and the decision to stay discovery and later combine it has

been made. Singletary went on to state that Denham could assume that disclosure would not be

made [emphasis added]. A copy

of

all email correspondence regarding this communication is

attached hereto as

Exhibit

UU.

36.

On or about 9:00 am at the Redding House in Biloxi, Mississippi, Harrison County,

Harvey Barton attended a Federal Mediation, one in which all parties were invited by Mediator,

David Houston, and upon the beginning

of

the meeting, Judge Houston began reading what

appeared to be a Federal Order binding all parties in the mediation from speaking about the

mediation to their clients, or with anyone. Approximately nineteen (19) minutes after entering

the mediation, Barton left, as he stated that his client was not in Federal Court, his cases had in

fact been remanded back to Jackson County Chancery, and he was not able to be bound by a

Federal Order.

37.

One day prior to the previously scheduled September 23, 2015, status conference, Special

Master Britt Singletary sent an email to all counsel of record stating that Judge Breland Hilburn

Page

8

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would announce on the record the appointment

of

a Special Fiduciary to administer the Pension

Plan at 12:30 pm on September 23, 2015. All Federal Mediation being conducted by Judge

Hilburn was suspended from noon until 1 30 pm in order for all attorneys to attend. Email

attached hereto as Exhibit VV.

38.

On or about 12:23 pm, on September 23, 2015, prior to the 12:30 pm Special Fiduciary

announcement by the Court, Attorney Earl Denham, in compliance with the Mississippi Rules

of

Civil Procedure Rule handed, in a double sealed envelope, in a private setting, a Motion for

Recusal with two signed affidavits, one from himself, Earl Denham and the other from co-

counsel, Harvey Barton. Judge Hilburn refused to accept the envelope. Denham explained what

was in the envelope, that the proper procedure was that of filing the Motion privately with the

Judge being asked to recuse in order to give im the opportunity to privately recuse himself, and

that he would be leaving it there before him on his desk. Denham then walked back into the

courtroom and Judge Hilburn promptly took the bench approximately seven 7) minutes later and

the hearing lasted less than an hour.

39.

On

or

about September 24, 2015, an Order was circulated among counsel and Judges for

signature to approve former Circuit Court Judge Steven Simpson. Denham and Barton objected

to the entry of an Order and Special Master Singletary stated, through email, that the matter

would be heard

on

the regularly scheduled status date, Tuesday, September 29, 2015, email

attached hereto as Exhibit WW.

40.

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On September 29, 2015, a status hearing day that was previously cancelled by Judge

Hilburn, Special Master Singletary presided over the hearing due to Denham and Barton s

objection over Steve Simpson being appointed as Trustee. There were several attempts made to

obtain a court reporter, since the court had already cancelled the previously scheduled one, and

instead ofwaiting for one to arrive, Special Master Singletary moved the hearing into a smaller

courtroom with an audio recorder. The transcript of the hearing has been transcribed by Crystal

Morris, and was sent with no certification attached, as seen in xhibit XX.

41

During the hearing, Plaintiff s attorney Harvey Barton objected to not having a Court

reporter, in which the objection was overruled. The second objection made by Barton was that

Special Master Singletary did not have the authority to hear the matters before him today, as it

was not about discovery, as the Order Appointing Special Master reads, but that the issues before

the Court were that of appointing a Special Fiduciary, someone who would be in charge of the

entire SRHS Retirement plan. Judge Singletary denied Barton s objection to his presiding over

the noticed motions, and continued with the hearing. Additionally, Barton requested that the

Fiduciary not be put in place at the moment, at least until vetted by all parties. Denham then

addressed the Court requesting a meeting in chambers, as he had some confidential information

on the appointee, Steve Simpson, and that he would, out

of

respect for Mr. Simpson, prefer to

discuss it in a conference. Upon at least four (4) requests to Special Master Singletary, the

request was denied, and Denham reported to the Judge that he would like for him to make

queries into Simpson and his involvement with SH Anthony Incorporated. Denham stated that

Simpson once worked there as general counsel and the principals, Shawn Anthony and Ken

Savant had recently pleaded guilty ofbribery ofpublic officials in Federal Court. Denham also

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brought up the appearance of impropriety regarding Simpson and the no- bid jobs when he was

director

of

the Department ofPublic Safety Director, and considerations exchanged by and

between parties, and that he may be part of a Federal investigation on one or both matters, and

that Simpson s quick appointment with these potential investigations would certainly destroy the

public perception, even more than it has been destroyed thus far. Simpson denied any

wrongdoing to the Court and Special Master denied Barton and Denham s Motion in opposition

to his appointment. During the hearing, as seen in the transcript, Special Master Singletary was

terse, hostile, agitated, and thoroughly disrespectful to both Barton and Denham as they were

speaking, and on at least one occasion, threatening to have them thrown out of the courtroom.

42.

On September 29, 2015, at 3:25 pm, Judge Singletary forwarded an email from Judge

Hilburn to all attorneys

of

record stating that based on Judge Singletary s report to the Judge,

which was never presented, filed or seen by Plaintiff s attorneys, he finds that nothing would

preclude Simpson from serving as the special Fiduciary. No Order was attached to the email, but

the email stated that Special Master Singletary was to notify all parties that an Order had been

signed, email attached hereto as xhibit YY.

43.

Judge Hilburn filed the Order Regarding Removal ofPlan Trustees and Appointing

Special Fiduciary on October 7, 2015, order attached hereto as xhibit ZZ.

44.

On or about October 12, 2015, Special Master Singletary issued his first and only

Subpoena Duces Tecum, issued to the CEO, Kevin Holland of Singing River Health System,

requesting they provide the employment contracts ofKevin Holland, Lee Bond, the current Chief

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Legal Services Officer, the current Chief Operating Officer, the current

Chief

Nursing Officer,

the current Ocean Springs Hospital Administrator, the current Singing River Hospital

Administrator, and the current Chief Human Resources Officer for SRHS. A copy of this was

obtained through the Jackson County Chancery Court, as a courtesy copy was never sent to

Barton or Denham, and requests for the produced documents, ifproduced, were never answered.

Subpoena Duces Tecum attached hereto as Exhibit AAA. This, as far, as the record shows, is

the only piece of discovery issued by Special Master Singletary, the Special Master in charge

of

all discovery matters.

45.

After the hearing on September 29, 2015, where Special Master Singletary yelled and

disrupted counsel while presenting their arguments, Barton and Denham, on October 13, 2015,

filed a Motion to Release a Certified Copy of the Audio Recording, Exhibit BBB, from

Hearing on September 29, 2015. Attachments to the Motion show requested preservation of the

audio recording and were advised that Judge Hilburn had denied allowing the audio recording to

be released, and that he would contact the court reporter to transcribe the audio recording. Any

and all requests to obtain or listen to the audio recording were denied.

46.

Plaintiff filed a Motion to Resume Discovery on October 13, 2015, knowing that with the

scheduling Order in place, the November 15, 2015, deadline was only about a month away, and

having only taken two 2) depositions and issuing over one hundred 100) individual requests for

production, and multiple requests to the Special Master for hearings and Motion days on

discovery, all requests which were never properly produced, this Motion was never heard despite

it being noticed for the December status hearing, as Judge Hilburn said that he would not hear

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any motions regarding Discovery, even those which request resuming it. Motion to Resume

attached hereto as

Exhibit CCC.

47.

Due to the Special Master hearing a non-discovery motion regarding the Special

Fiduciary

on

September 29, 2015, certainly outside the realm ofhis authority, Judge Hilburn, on

October 20, 2015, issued a Order Clarifying Authority to Special Master nun pr tune

solidifying that Special Master Singletary's decisions and bench rulings would be within his

new realm

of

authority, Order attached hereto as

Exhibit DDD.

48.

Throughout this litigation, the media has been following the hearings, the pleadings, the

recusal ofChancellor Harris and has made note of the extremely short hearings, the lack of

progress made in the case, and the numerous players.

On

October 20, 2015, the

Sun

Herald

published an article titled Attorney Says Pension Fund Settlement Looks Like Done Deal with

a photo of Jim Reeves, Plaintiff attorney for approximately less than ten (10) retirees, and who

has been appointed lead class counsel for the Federal SRHS litigation, a copy of the article is

attached hereto as

Exhibit

EEE. At this juncture, Denham and Barton, who represent over

two-hundred (200) clients had not seen a deal or a settlement offer or been privy to any

negotiations

or

discussions, as their cases are solely

in

Jackson County Chancery Court, and not

one item requested has been properly produced.

49.

Without any discovery produced by the Singing River Hospital Foundation, Inc., Singing

River Health Services Foundation, Singing River Health System Foundation, and Singing River

Hospital System Foundation, Inc., Judge Hilburn, on October 26, 2015, filed an Order Granting

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Summary Judgment Exhibit FFF, dismissing any and all matters against the aforementioned

defendants

without

prejudice and then entered a subsequent overriding Order on December

7

2015 dismissing the Defendants with [emphasis added] prejudice again with no additional

testimony discovery or filed Motions. The Order of December 7 2015 attached hereto as

Exhibit

FFF-1.

50.

On November 6 2015 Special Master Britt Singletary filed a Notice of Withdrawn

Subpoena Duces Tecum referencing the only Subpoena Duces Tecum which he issued on

October 12 2015 a copy

of

which is attached hereto as Exhibit GGG.

51.

With an already dwindling pension fund and no contributions being made into it since

November 2014 and with oral objection by Barton and Denham Judge Hilburn on December 3

2015 entered an Order Approving Retention Agreement between Special Fiduciary and Outside

Counsel attached hereto as Exhibit HHH, authorizing payment of the Fiduciary and his

chosen Outside Counsel to be paid out

of

the failing and non-accounted for Retirement Trust

which is certainly not in the best interest of the SRHS Plan.

52.

On December 3 2015 Judge Hilburn entered yet another Order not based on a filed

Motion circulated to counsel authorizing the payment of Special Fiduciary Fees and referencing

an Invoice No. 483625 dated November 30 2015 an invoice again not produced to Barton or

Denham. The Order Authorizing payment is attached hereto as Exhibit Ill.

53.

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On December 2, 2015, Judge Hilburn held his monthly status hearing, not addressing any

Motions as they related to Discovery. During the hearing, Judge Hilburn granted the request of

the other Plaintiff's to be severed from the lmondmatter, and prior to the end

of

the hearing,

Denham announced in open court that he would be filing the Motion for Recusal filed privately

with Judge Hilburn on September 23, 2015, with the Court and Notice it for the January 2016

hearing. Judge Hilburn announced to the Court that he had received a sealed envelope from

Denham in September, but that he did not open or read it. Denham then clarified before the

Court that he would be filing the Recusal Motion, a filed copy of which is attached hereto as

Exhibit JJJ.

54.

Plaintiff's counsel for the Broun (Cause No.: 2015-0027), and Lay (Cause No.: 2015-

0060) Plaintiffs requested a termination of the consolidation of their cases with that of Barton

and Denham, and their Motion was granted over objection of Barton and Denham, and an Order

filed on December 7, 2015, attached hereto as

Exhibit KKK.

55.

On December 14, 2015, at 9:25 am, Judge Hilburn sent an email to all parties informing

them that joint mediation is scheduled to resume and that because the mediation has been

Ordered by the Jackson County Chancery Court and requested by the Defendant, he believed it

would be successful. Pending an unsuccessful mediation, Judge Hilburn stated that at his January

13, 2016 Status Hearing his intention would be to enter a scheduling Order which would move

forward the Jackson County litigation, email attached hereto as

Exhibit LLL.

56.

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On Monday, December 14, 2015, at 9:29 am, Judge Hilburn sent an email denying the

Motion to Recuse himself from the case. As of the date of this filing, no official Order denying

the recusal has been entered, email attached hereto as Exhibit MMM.

57.

A Final Order Referring Cases to Mediation was filed on December 14, 2015, Exhibit

NNN, requiring all parties, even those who are not under the Federal Jurisdiction, to attend

Federal mediation on December 17, 2015, at the Redding House in Biloxi, Mississippi,

beginning at 9:00 am. The time was later moved to 9:30 am.

58.

On December 17, 2015, at 9:30 am, counsel for Plaintiff arrived at the Federal Mediation

as Ordered by Judge Hilburn on December 14, 2015, located at the Redding House in Biloxi,

Mississippi. Both Barton and Denham were present along with most other attorneys

of

record,

one noticeably missing, William Guice, attorney for Jackson County. After a second attempt at

binding Barton and Denham to a Federal Gag Order, and not having produced any of the

documents requested regarding the accounting

or

the numbers by which their proposed

settlement plan was based upon, both Denham and Barton left the meeting within fifteen

minutes

of

arriving, as it was not in the best interest of their clients to participate in a forum

which had no jurisdiction over their case and where they could not be afforded any

of

the

actuarial reports, accounting documents, or year-end finances which the alleged settlement was

based upon. The settlement was never presented, however Barton and Denham received a draft

copy attached hereto as Exhibit 000. As

of

the date

of

this filing, no official settlement offer

has been presented to Denham or Barton.

59.

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27/57

December 21, 2015, was the last 2015 meeting

of

the Jackson County Board of

Supervisors. t was held in Pascagoula, Mississippi, wherein the Jackson County Board of

Supervisors (JCBOS) along with Guice and a representative from the Jackson County Board

Attorney's Office, went into executive session for nearly two (2) hours and emerged with a

Resolution approving Contribution Agreement with Singing River Health System and a

Contribution Agreement. Despite public outcry from many of the retirees and other citizens of

Jackson County to discuss the issues in public and wait just three (3) weeks, over the holidays,

for the new board members to be sworn in and to get a grasp on the situation at hand. JCBOS

President Barry Cumbest stated that the executive session was necessary. Upon their return,

Cumbest publically read both the Resolution and the Contribution Agreement, attached hereto as

Exhibit PPP and Exhibit PPP-1,

and William Guice, attorney for Jackson County

answered questions from the other supervisors on the record and informed the public that this

was in the best interest of both the County and the Hospital. When asked to provide the

Settlement Agreement referenced in both documents, Guice refused. As

of

the date

of

this

filing, the documents which were used in order to create the Resolution and the Contribution

Agreement have not been identified and disclosed.

60.

On December 30, 2015, Singing River filed their Motion to Stay and noticed it for the

January 13, 2016, hearing (Exhibit QQQ ), along with their Motion for Summary Judgment

(Exhibit RRR ).

61

Plaintiff, CYNTHIAN. ALMOND, on January 4, 2016, filed her Motion to Recuse

Special Master Britt Singletary, and noticed it for the January 13, 2016 hearing date, after having

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privately filed it with im more

than

thirty days prior. The Motion is attached hereto as Exhibit

SSS.

62.

On

January 5, 2016, at 6:47 pm, Sun Herald published a photo

ofLay

Plaintiff's attorney

Jim Reeves with the headline Attorney Optimistic Settlement Mean Retirees Win Again, as of

January 5, 2016, there has been no federally certified class, no settlement or term agreement

presented to Plaintiff herein or the Jackson County Chancery Court, a copy of

the

Sun Herald

Article attached hereto as

Exhibit

ITT.

63.

On

January 12, 2016, unbeknownst to Plaintiff, Judge Hilburn had entered four (4)

Orders and filed them with the Court. One was an Order Granting Motion to Intervene by

Special Fiduciary, attached hereto as Exhibit UUU based on a Motion that was filed by

Charles Mikhail

on

behalf of Steve Simpson, noticed for January 13, 2015, but never heard. The

second Order filed Authorizing Special Fiduciary Trustee to Enter Into Settlement Agreement

and Release, again, based on no Motion filed with the Court and with no hearing on the matter,

attached hereto as Exhibit

UUU-1.

Judge Hilburn also filed an Order Approving Fees and

Expenses ofCharles J. Mikhail, Private Counsel to the Court- Appointed Special Fiduciary in the

amount

of$15,116.87,

again, with no Motion

or

statement attached

and

no hearing, attached

hereto as Exhibit

UUU-2.

Lastly, Judge Hilburn entered

an

Order dated January 12, 2016,

Authorizing Payment of Special Fiduciary Fees based on no Motion or Invoice provided to the

Court, and based

on no filed Motion, and stating

no

exact amount to be paid, only

an

invoice

number: 485754,

and that

it

was to be paid by the Retirement Trust, Order attached hereto as

Exhibit UUU-3.

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64.

On or about January 12, 2016, mid-afternoon, Defendant emailed Plaintiff a copy of

Singing River Health System s Reply to Plaintiff s Response to Motion to Stay, attached hereto

as xhibit VVV, which includes what appears to be a Motion for Preliminary Approval of

Class Settlement Agreement filed on January 3, 2016, in the Jones Federal matter, as well as the

Stipulation Agreement ofCompromise and Pro Tanto Settlement filed in Jones Cobb and Lowe

matters in Federal Court attached as exhibits to the motion. As of the date of this filing, Plaintiff

herein is unaware of any discovery conducted regarding the class certification which was to be

cut offby the end

of

December, 2015.

65.

Plaintiff filed her Addendum to Plaintiff s Motion to Recuse Honorable L Breland

Hilburn filed on December 4, 2015, and to strike the previous Recusal Motion filed January 4,

2016, and properly noticed Addendum for hearing on January 13, 2016, Motion attached hereto

as

xhibit

WWW.

66.

Plaintiff was prepared to attend the Status Hearing scheduled for January 13, 2014, and

argue several Motions which were properly noticed and which were vital to the movement in this

case, as seen in the Notice ofCourt Setting attached hereto as xhibit XXX, until at

approximately 4:51 pm, Judge

L

Breland Hilburn sent an email to all attorneys of record stating:

I am advised that class certification for members

of

the S.R,H,S. Retirement Trust

Is being sought in the parallel S.R.H.S litigation filed in the U.S. District Court, Southern

Division. As an aid to federal jurisdiction; to avoid duplicate and costly litigation and to

allow the benefits

of

federal class action to inure to all members of the retirement trust I

am ordering a temporary stay in the S.R.H,S Jackson County litigation effective

immediately.

The importance

of

a resolution

of

the S.R.H.S litigation to the members of the retirement

trust, to the Jackson County hospital and to Jackson County is obvious. The temporary

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stay, which is now in effect, will require that the hearings, set for tomorrow ( January

13th ), be canceled.

I will provide notice to all parties if, and when, it becomes necessary resume active

litigation.

Thank you,

L.B.

H.

Judge

(Email attached hereto as

Exhibit YYY. )

67.

On

or

about 2:27pm

on

Tuesday, January 12, 2016, William Billy Guice visited Special

Master Singletary's office. Shortly following his arrival, Scott Taylor, the newly appointed

SRHS Trustee, Jim Reeves and Matthew Mestayer, attorneys for the

Lay

Plaintiffs, Steve

Simpson, former Judge and Court Appointed Trustee for the SRHS retirement Plan, Brett

Williams and Kelly Sessums from Dogan & Wilkinson, PLLC, attorneys for the Singing River

Health System all filed into Special Master Singletary's office along with Judge L. Breland

Hilburn for an

ex

parte conference. Please reference

Exhibit 1

and

Exhibit

2 DVDs as well as

Exhibit 3 which include still shots from the videos identifying each individual. The parties

began leaving the firm a little after 4:00

pm

and the email Order staying all proceedings was

sent by Judge Hilburn at approximately 4:51

pm

that very same day.

68.

On Wednesday, January 13, 2016, Denham and Barton sent an email to Judge

L Breland

Hilburn inquiring as to

if

they could be expecting a formal Order

to

be submitted to the Court.

As of the date of this filing, there has been no response to attached email,

Exhibit

ZZZ, so on

January 15, 2016, W. Harvey Barton filed an Affidavit stating that to his knowledge, no formal

Order of the Court has been entered regarding the stay along with the Exhibit ZZZ, attached

hereto as Exhibit

ZZZ-1

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II. STATEMENT OF ISSUES PRESENTED

1 Judge L Breland

Hilbum s

e-mail order entered on January 12, 2016, staying all

Jackson County Chancery Proceedings should be stayed by the Supreme Court.

2. Judge

L Breland Hilbum s participation in a secret, ex parte meeting with

multiple members

of

Defense counsel, certain Plainti ff's counsel and the County

attorney, and others who have a vested interest in defeating Plaintiff's Chancery

Court Lawsuit is

an

egregious violation

of

the Code

of

Judicial Ethics that not

only casts reasonable doubt as to his ability to adjudicate this matter in fair and

impartial manner, but also has multiple indicia of moral turpitude and clearly

brings the judicial office into disrepute.

3. Special Master Britt Singletary's participation in a secret, ex parte meeting with

multiple members

of

Defense and certain Plaintiff's counsel and the attorney for

the county, who have a vested interest in defeating Plaintiff's Chancery Court

Lawsuit is an egregious violation of the Code of Judicial Ethics that not only casts

reasonable doubt as to his ability to adjudicate this matter in fair and impartial

manner, but also has multiple indicia

of

moral turpitude and clearly brings the

judicial office into disrepute.

4. Court Appointed former Judge Steve Simpson's participation in a secret, ex parte

meeting with multiple members of Defense and certain Plaintiff 's counsel, the

two judges as well as the county attorney who have a vested interest in defeating

Plaintiff's Chancery Court Lawsuit is an egregious violation

of

the Code

of

Judicial Ethics that not only casts reasonable doubt as to his ability to act as a

trustee and protect the pure interests

of

each and every vested plan participant.

5. Attorneys Brett Williams and Kelly Sessums of the Dogan and Wilkinson law

firm, and counsel for the Defendant, Singing River Health System, participation

in a secret, ex parte meeting with multiple attorneys and trustees involved in the

Singing River Hospital Litigation and certain Plaintiff 's counsel, the two judges

as well as the county attorney have attempted to collude with these individuals to

defeat Plaintiff's cause

of

action and to have their motion to stay entered without

a hearing in violation

of

their clear ethical duties.

6 Ocean Springs City Court Judge Matthew Mestayer and Jim Reeves of Reeves

and Mestayer, and counsel for the

Lay

Plaintiff's participation in a secret, ex

parte meeting with multiple members

of

Defense and certain Plaintiff's counsel,

the two judges as well as the county attorney who have a vested interest in settling

the matter without acting in the best interest

of

their clients

by

being able to

clearly tell each client how much or what percentage

of

their pension they would

be receiving despite knowing to the penny exactly how much they would earn in

attorney's fees is a clear violation of ethics, and a total travesty for their clients.

7 Jackson County Board Attorney William Billy Guice's participation in a secret,

ex parte meeting with multiple members of Defense and certain Plaintiff's

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counsel, the two judges as well as the Plan Trustee and Special Fiduciary who

have a vested interest in settling the matter and have met in private, executive

sessions refusing to produce documents which they relied on in order to come to

the Term Agreement for the County s responsibility is a clear violation to his

client, Jackson County, and a violation of his ethics as an attorney.

8

Newly appointed Trustee

of

the Singing River Hospital System Scott Taylor s

participation in a secret, ex parte meeting with multiple members

of

Defense and

certain Plaintiff s counsel, the two judges as well as the county attorney who have

a vested interest in defeating Plaintiff s Chancery Court Lawsuit is an egregious

violation

of

the Rules

of

Professional Conduct as well as his fiduciary duties that

not only casts reasonable doubt as to his ability to act as a trustee and protect the

pure interests of Singing River Health System.

9 Several other questionable discretions are laid out within the Motion for Recusal

of Special Master Britt Singletary, filed on January 4, 2016, the Motion for the

Recusal

of

Judge L Breland Hilburn, filed on December 4, 2015, and the

addendum filed soon thereafter.

II. STATEMENT OF

RELIEF

REQUESTED

1 Petitioner requests that the Supreme Court enter an order granting a temporary and

permanent stay

of

the e-mail order entered by Judge L Breland Hilburn on January

12, 2016.

2. Petitioner requests that the Supreme Court enter an order immediately removing

Judge L Breland Hilburn from his appointment as chancellor overseeing Petitioner s

Chancery Court case.


Special Master Britt Singletary from his appointment as special master.

4 Petitioner requests that the Supreme Court enter an order immediately removing

Mssrs. Brett Williams and Casey Sessum and their law firm, Dogan and Wilkinson,

from any further representation of

any party in this case

or

any related matter.


Mssrs. James Reeves and Matthew Mestayer and their law firm from any further

representation of any party in this case or any related matter.

6 Petitioner requests that the Supreme Court enter an order immediately removing Mr.

Steve Simpson from his position as Trustee for beneficiaries of the entire Singing

River Health System Retirement Plan.

7 Petition requests that the Supreme Court enter an order immediately removing Mr.

Scott Taylor from his position as Trustee of the Singing River Health System, a

county owned entity.

8. Petitioner requests that the Supreme Court enter an order appointing a qualified Judge

to oversee the Petitioner s chancery court case.

DISCUSSION

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34/57

Mississippi Rules

of

Appellate Procedure Rule 8(c) further authorizes a Petitioner to file a

motion to stay. Miss R App Pro 8( c). Such

an

Order is absolutely necessary in the present case

to preserve Petitioner s rights and to insure that the rights

of

all

of

the retirees are protected.

Immediate application to the Trial Court is wholly impractical as Judge Hilburn has colluded or,

at the very least, put forth the clear appearance

of

collusion with members

of

the Defense

Counsel and other members

of

the Mississippi Bar representing individual interests adverse to

that

of

the Petitioner herein. Moreover, the Supreme Court cannot tolerate the entrance

of

such

an expansive and potentially fatal order to the Petitioner s litigation, especially one that is the

clear result of improper communication with and influence over a Judge appointed by the

Mississippi Supreme Court.

B.

Judge

L. Breland Hilbum s Conduct Throughout His Appointment Has Manifested a

Clear Disregard for Judicial Impartiality, Fairness

and

Due Process Requiring His

Immediate Disqualification

and

Replacement.

Judge Hilburn has proven time and time again throughout his time as the appointed

Chancellor over this litigation that he is not

just

incapable and disinterested in justice, but that he

is wholly biased and poisoned by the Defense and other outside counsel. What little appearance

of

impartiality and fairness Judge Hilburn may once been able to claim was utterly destroyed

when he participated in the clandestine, ex parte meeting with Mssrs. Singletary, Williams,

Taylor, Guice, Sessums, Simpson, Reeves and Mestayer. Considering that the Petitioner s case

concerns the lives and livelihood of thousands

of

Mississippi residents, Judge Hilburn s

unprofessional actions in not only refusing to hold a hearing on Petitioner s motion to recuse but

also in apparently colluding with the above mentioned individuals to the exclusion and detriment

of

Petitioner and the other retirees demand that the Supreme Court immediately disqualify and

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recuse im from his position, sanction him as necessary, and replace Judge Hilburn with a more

qualified and fair-minded chancellor.

The Mississippi Supreme Court has the authority to remove a Judge who should be

disqualified from a case and to grant whatever extraordinary relief necessary to implement such

actions. Miss.

R

App. Pro. 8, 21, and 48(8). Further, the Code of Judicial conduct provides legal

authority for the recusal of a judge. (See Code of Judicial Conduct, Canons 2 and 3). Judicial

Canons enjoy the status oflaw and are enforced rigorously by the Mississippi Supreme Court

Walmart Stores v Frierson 818 So.2d 1135 (Miss. 2002). Amongst and central to the Canons

of

Judicial Conduct is a clear prohibition on ex parte communications and engaging

in

activities

that manifest bias or prejudice. Code o Jud. Conduct Canon 3(5), 3(7). Unfortunately, Judge

Hilburn's secret, ex parte meeting with Britt Singletary, Brett Williams, Steve Simpson, Scott

Taylor, Billy Guice, Kelly Sessums, James Reeves and Matthew Mestayer clearly violates both

of these clear duties. Moreover, his actions clearly degrade the respect and honor afforded to the

judicial office as a public trust.

By attending the secret, ex parte meeting on January 12, 2016, Judge Hilburn (and the

special magistrate Britt Singletary) has wholly called into question the integrity and

independence of the judiciary. Canon I of the Code of Judicial Conduct requires a judge to

personally observe the high standards of conduct expected of Judges so that the integrity and

independence of the judiciary will be preserved. Judge Hilburn's meeting with multiple

individuals with interest adverse to that of the Plaintiff, including Mr. Brett Williams and Mr.

Kelly Sessums, who represents Defendant, Singing River Health System, and Attorney James

Reeves, who has publicly stated that a settlement is nearly complete and who stands to earn

millions of dollars through the settlement, and wholly excluding and failing to notice attorneys

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for the Plaintiff, namely Harvey Barton and Earl Denham, of the meeting immediately calls into

question the independence and integrity of the judiciary. n fact, the stay which was requested

via Motion by the Defendant, Singing River Health System, and was set for hearing the next day,

January 13, 2016, was entered

by

Judge Hilburn less than an hour after the secret meeting with,

amongst others, Brett Williams and Kelly Sessums, the attorneys for Singing River Health

System. The fact that he entered this extremely important order without a hearing after his

meeting with the Defense clearly indicates that the order was directly the result of or, at the very

least, directly influenced by the Judge's secret meeting with the attorneys. Such conduct violates

all notions of fairness and due process, and wholly degrades the public 's faith in the Judiciary.

Second, the Judge's attendance at the secret, ex parte meeting violates Canon 2(A) of the

Code of Judicial Conduct. Canon 2(a) requires the judge to comply with the law and puts on him

an affirmative duty to act in a manner that promotes public confidence in the integrity and

impartiality

of

the judiciary. As discussed above, the Canons of Judicial Conduct enjoy the status

of law, and any violation thereof would be a violation of the law. Further, actual improprieties

under this standard include violations

oflaw

court rules or other specific provisions

of

[the]

Code. Comments to Code

of

ud Conduct Canon 2.

Moreover, and, perhaps more importantly, Judge Hilburn's conduct rightfully encourages

the public to have no faith in the integrity and impartiality of the judiciary. This case concerns

the livelihood of thousands of individuals living and working in Jackson County, Mississippi.

Each hearing has been attended by numerous retirees who look to the court to provide

transparency in the administration of ustice in this matter. (See Photographs attached hereto as

Exhibit 3 ). Judge Hilburn's actions are a slap in face to each individual who has looked to him

to provide fair and impartial justice. Rather than avoid all impropriety and appearance of

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impropriety, Judge Hilburn has flagrantly met with individuals whose interest are adverse to not

just

the Plaintiff herein, but numerous other Plaintiffs represented by Harvey Barton and Earl

Denham. The fact that he has done so in secret further discredits his impartiality and fairness. To

be frank, Judge Hilburn appears to be attempting to facilitate a back room deal without affording

the rightful litigants their day in court.

Furthermore, Judge Hilburn's secret, ex parte meeting with Britt Singletary, Jim Reeves,

Matthew Mestayer, Steve Simpson, Kelly Sessums, Brett Williams, Billy Guice, and Scott

Taylor gives the clear impression that these individuals have a special relationship and

connection the Judge. Canon 2(B) states, in part, that a judge shall not covey or permit others to

convey the impression that they are in a special position to influence the judge. Code of ud

Conduct Canon Canon 2(B). That is exactly

what

Judge Hilburn has done. He has given the

public the impression that these gentlemen have both special access to and special influence on

the inner workings of the Judge's decision making. Further, the implication to the public is that

all of their fears about how the law actually works i.e. through backroom deals between attorney

and judges at the expense of due process, fair hearings and transparency is true. Judge Hilburn' s

actions give the clear indication that the system is corrupt.

The Judge's conduct clearly manifests bias or prejudice in favor of the Singing River

Health System in violation

of

Canon 3(5)

of

the Code

of

Judicial Conduct. A judge is required to

perform judicial duties without bias or prejudice and shall not, in the performance

of

udicial

duties, by words or conduct manifest bias or prejudice. Code ofJud. Conduct Canon

3(5).

In

the present case, Judge Hilburn's actions clearly manifest a prejudice against the Plaintiffs.

Otherwise, the Plaintiff, by and through her counsel, would have been invited to this secret

meeting. Moreover, the timing of the meeting i.e. a day before the hearing on Plaintiffs motion

Page

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to recuse the Judge, and the apparent result - a stay on all litigation in the Jackson County

Chancery Court - strongly indicate that the judge no only discussed the upcoming hearing with

those in attendance but made the decision to stay litigation based on those conversations or, at

the very least, his preference for the position of those in attendance. Such conduct impairs the

fairness

of

all the proceedings in this matter and brings the judiciary into disrepute.

Worse yet, the Judge has allowed his subordinate, Britt Singletary, to also engage in

activities that manifest bias or prejudice. The judge had an affirmative duty to immediately halt

the secret meeting once he learned that said meeting was being held by his subordinate at his

subordinate own office. Not only does this violate Canon 3(5) of the Code

of

Judicial Conduct,

but it also violates Canon 3(D)(l) which requires a ''judge who receives information indicating a

substantial likelihood that another judge has committed a violation of the Code should take

appropriate action i.e. informing the appropriate authority. ode of

ud

onduct 3(D)(l ). The

Judge has similar duty towards attorneys who he knows are committing a violation of the Rules

ofProfessional Conduct, which also bar ex parte communications. Therefore, when the Judge

learned that a secret meeting was to be held at the law office

of

his appointed special master and

that multiple attorneys would be attending this secret meeting to the exclusion of PlaintiWs

counsel, he should have reported each and every one of them. He did not. Instead, he participated

in the secret meeting and issued

an

order that adversely affects the Plaintiff within an hour

of

the

meeting's conclusion. In doing so, he has shredded what little faith the Plaintiff and the public at

large has in his ability to be impartial and unbiased.

Further, the Judge has still failed to disqualify himself from this matter as he is legally

obliged to do. Canon 3 imports an objective standard as to whether a judge should disqualify

himself: A judge is required to disqualify himself a reasonable person, knowing all the

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circumstances, would harbor doubts about his impartiality.

Buchanan v Buchanan

587 So.2d

892, 895 (Miss. 1991) (Quoting Rutland

v

Pridgen, 493 So.2d 952, 954 (Miss. 1986). The

question is not even

if

the judge is in fact biased

or

prejudiced, but whether a fair minded person,

knowing all of the facts, might reasonably question the

judge s

impartiality. Id. at 896. This rule

reflects the general thesis that our legal system is based on the principle that an independent,

fair and competent judiciary will interpret and apply the laws that govern us.

Code of ud

Conduct

Preamble. In order for our legal system to work, the public must have faith in the

fairness and impartiality of its judges.

Judge Hilburn, by his actions, has destroyed what little faith the public can have in his

impartiality and fairness. He has wholly betrayed the public's trust by abdicating the most basic

of his responsibilities, including a clear prohibition against initiating, permitting or considering

ex parte communications and a command to dispose of udicial matters fairly. Code of ud

Conduct

Canon Canon 3(8)(7) and (8). Not only did he allow Mr. Singletary to conduct a secret

meeting with select individuals involved in the present litigation, the federal litigation and the

administration of the Singing River Health System Retirement plan, but he actively participated

in said meeting and then issued an

order immediately after the conclusion of the meeting. Judge

Hilburn, Special Master Singletary and the other members

of

the Mississippi Bar who

participated in this secret meeting have wholly betrayed the public and the oaths they took when

they received their law licenses. There is no remaining argument for even the appearance

of

impartiality. Nor is there any argument that a secret, ex parte meeting conducted while

intentionally excluding Plaintiff's anther counsel, whose case Judge Hilburn was assigned to

supervise, is fair in any way. Judge Hilburn and his cronies have made a mockery

of

the judicial

system and have brought clear disrepute to our judiciary.

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In fact, the Court has a term for the type

of

conduct in which the judge has engaged:

Moral Turpitude. Moral Turpitude includes actions which involve interference with the

administration of ustice, misrepresentation, fraud deceit, bribery, extortion, or other such actions

which bring the judiciary into disrepute.

Mississippi Com

n

on Judicial Performance

v.

Bustin

7 So.3d 598, 605 (Miss. 2011). Such conduct must cross the line from simple negligence or

mistake, to willful conduct which takes advantage of a judge s position for greed or other

inappropriate motives

...a willful subversion

of

ustice merits harsher punishment.

d

For

example, in Bustin the Mississippi Supreme Court found that the judge s actions, which

included abusing her position as judge by signing an arrest warrant bad on an affidavit

submitted, ex parte, by her own client, therefore interfering with the administration

of

ustice.

Judge Hilburn's conduct is more egregious. Not only did he intentionally and willfully

participate in an ex parte meeting with numerous parties whose interests are clearly adverse to

the Plaintiff, but he also entered an order immediately afterwards staying all of Plaintiff's

litigation in perpetuity, including the hearing on his motion for recusal. As a result, Defendant

who has been fighting to avoid providing discovery in this matter for over a year, shall continue

to avoid its legal responsibilities, and the Plaintiff is left with no recourse as the men who

attended the secret meeting prepare to profit offof the retirees in the Federal Court action.

Judge Hilburn's conduct

on January 12, 2016, though clearly his most egregious breach

of his judicial ethics is certainly not the first time he has allowed the appearance of impropriety

to infect this case. Judge Hilburn has repeatedly avoided his duties, entered orders without notice

or a hearing, and has wholly failed to ensure an efficient resolution

of

what should have been a

very simple task i.e. ensuring that the Defendant, Singing River Hospital, provides the requisite

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discovery for the Plaintiff to move forward with her litigation. Petitioner makes specific

reference to the following incidents:

1 On June 10, 2015, a hearing was held regarding the appointment

of

a Special Master. Judge

Hilburn appeared on the bench from 9-9:35 a.m., and then requested the parties come to an

agreement and present an Order at 1 p.m. that day. The parties were unable to reach an

agreement. Unfortunately, when they returned at 1 00 p.m. Judge Hilburn was gone and

unable to be reached. No Agreed Order was entered.

2. On June 24, 2015, without a hearing, Judge Hilburn signed an order appointing Britt

Singletary as Special Master, authorizing Mr. Singletary to hear and resolve discovery

disputes.

3. On June 29, 2015, over objection from Plaintiff's Counsel, Judge Hilburn entered a Protective

Order preventing the sharing of any information which the Defendant deemed confidential .

There was no provision for the claimed confidential documents to be examined in camera.

Rather, it was a blanket order allowing the Defendant to label confidential what they wanted

labeled confidential.

4 In September

of

2015, Judge Hilburn allowed a stay on discovery in the Chancery Court

proceeding, and subsequently refused to hear motions on the scheduled September 23rd month

status date.

5 On or about September 2015, Judge Hilburn circulated an Order to approve former Circuit

Court Judge Steve Simpson as special fiduciary. Counsel for the Plaintiff objected. At the

hearing, which was overseen,

off

the record by Special Master Singletary, who to this point

had only been authorized to oversee discovery. Counsel for the Plaintiff informed Special

Master Singletary

of

numerous legitimate concerns about Mr. Simpson. Following the

hearing, Judge Hilburn after reviewing Special Master Singletary's report, which was never

disclosed to Plaintiff's attorneys, notified counsel that he was entering an order approving

Steve Simpson as Special Fiduciary. This order was entered on October 7, 2015

6 With an already dwindling pension fund, and no contributions being made into it since

November 2014, and with oral objection by Barton and Denham, Judge Hilburn, on December

3, 2015, entered an Order Approving Retention Agreement Between Special Fiduciary and

Outside Counsel, authorizing payment of the Fiduciary and his chosen Outside Counsel to be

paid out

of

the failing, and non-accounted for Retirement Trust, which is certainly not in the

best interest of the SRHS Plan.

7 On December 3, 2015, Judge Hilburn entered yet another Order not based on a filed Motion

circulated to counsel authorizing the payment

of

Special Fiduciary Fees, and referencing an

Invoice No. 483625 dated November 30, 2015, an invoice again not produced to Barton or

Denham. The Order Authorizing payment is attached hereto as Exhibit

III.

8

On December 2, 2015, Judge Hilburn held his monthly status hearing. He did not address any

Motions as they related to Discovery. During the hearing, Judge Hilburn granted the request

of

the other Plaintiff's to be severed from the lmondmatter, and prior to the end

of

the hearing,

Denham announced in open court that he would be filing the Motion for Recusal filed

privately with Judge Hilburn on September 23, 2015, with the Court and Notice it for the

January 2016 hearing. Judge Hilburn announced to the Court that he had received a sealed

envelope from Denham in September, but that he did not open or read it. Denham then

clarified before the Court that he would be filing the Recusal Motion.

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9. On Monday, December 14, 2015, at 9:29 am, Judge Hilburn sent an email denying the Motion

to Recuse himself from the case. As

of

the date

of

this filing, no official Order denying the

recusal has been entered, email attached hereto as Exhibit MMM.

10. On January 12, 2016, unbeknownst to Plaintiff, Judge Hilburn had entered four (4)

Orders and filed them with the Court. One was an Order Granting Motion to Intervene by

Special Fiduciary based on a Motion that was filed by Charles Mikhail on behalf of Steve

Simpson, noticed for January 13, 2015, but never heard. The second Order filed Authorizing

Special Fiduciary Trustee to Enter Into Settlement Agreement and Release, again, based on no

Motion filed with the Court and with no hearing on the matter. Judge Hilburn also filed an

Order Approving Fees and Expenses

of

Charles J. Mikhail, Private Coun