ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI

cAusE No.: ~ /~ ,

M ,ho -

CYNTHIAN. ALMOND, et al

FILED

VERSUS

PLAINTIFF

JAN 15 281

SINGING RIVER HEALTH SYSTEM, et al

OF~cor

DEFENDANT

COURT OF APPEALS

On appeal from the Chancery Court of Jackson County

CYNTHIAN. ALMOND, et al v. SINGING RIVER HEALTH SYSTEM, et al
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#

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 be 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 judicial 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 of Trustees
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
of Mississippi, 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 of Discovery 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 sua 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. Plaintiff 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 Law Firm, 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 of proof for recusal was
not met. On the same day, Defendant, SRHS filed their objection to the Special Master Report,
Motion to Set Aside Findings of Fact, 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 of Trial 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 of having 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 than 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
of Robert W. Sneed who within days communicated with the attorneys of record via e-mail that
the amount of work 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 of Mike Crews, former Chief Financial Officer was
taken at the Law Offices of Donald 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 Plaintiff 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 of Fred 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 of Trustees due
to an investigation that uncovered that Mr. Strickland was actually a resident of Harrison 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 2728, 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 11 :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 of his 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

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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 cocounsel, 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 him 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 of waiting 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 Exhibit "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 of bribery of public 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 of Public 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 Exhibit "YY."
43.
Judge Hilburn filed the Order Regarding Removal of Plan Trustees and Appointing
Special Fiduciary on October 7, 2015, order attached hereto as Exhibit "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 of Kevin 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, if produced, 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 of his authority, Judge Hilburn, on
October 20, 2015, issued a Order Clarifying Authority to Special Master nunc pro 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 of Chancellor 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 Almond matter, 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.: 20150060) 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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December 21, 2015, was the last 2015 meeting of the Jackson County Board of
Supervisors. It 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 him 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 of Lay 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 of Charles 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 Exhibit "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 of Compromise 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 off by 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 Exhibit "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 of Court Setting attached hereto as Exhibit "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"
Page30 of57

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 Plaintiff'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.
3. Petitioner requests that the Supreme Court enter an order immediately removing
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.
5. Petitioner requests that the Supreme Court enter an order immediately removing
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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A. Judge L. Breland Hilburn's January 12, 2016, Order Staying Petitioner's Jackson
County Chancery Litigation Must Be Stayed.
On January 12, 2016, less than one day before the properly noticed and set hearing on
Petitioner's Motion to Recuse Judge L. Breland Hilburn and Defendant, Singing River Health
System's Motion to Stay the Jackson County Litigation, Judge L. Breland Hilburn sent an order
via e-mail to all counsel in Petitioner's litigation granting Defendant's Motion thereby staying
the Jackson County Chancery case to aid in the Class Certification in Federal Court. Petitioner is
not a participant in the Federal Litigation.
Petitioner subsequently discovered that Judge L. Breland Hilburn had participated in a
clandestine, ex parte meeting with various members of the Defense Counsel, namely Brett
Williams and Kelly Sessums of the Dogan and Wilkinson Law Firm, at the law office of Britt
Singletary, the Special Master appointed by Judge Hilburn to oversee discovery in Petitioner's
case. James Reeves, lead counsel for the Plaintiffs in the Federal Litigation, and his law partner,
Matthew Mestayer, a local Municipal Judge, were also in attendance at the clandestine, ex parte
meeting at Mr. Singletary's office. Billy Guice, special counsel for Jackson County, attended the
meeting as well, as did Mr. Steve Simpson, the special fiduciary appointed by Judge Hilburn to
represent the interests of all the approximately 3, 100 beneficiaries of the Singing River Health
System Retirement Plan, and Scott Taylor, the newly appointed Trustee for the Singing River
Health System. And, of course, Mr. Singletary was in attendance. The meeting ended less than
one (1) hour before Judge Hilburn's e-mail order was circulated to all parties.
It is essential to the administration of justice and the maintenance of the reputation of the
Judiciary that the Supreme Court immediately entered an order staying Judge Hilburn's January
12th, 2016, Order. The Mississippi Supreme Court is explicitly authorized by Section 9-1-19 to
issue remedial writs, including injunctions. Miss. Code Ann. 9-1-19. Further, Rule 21 of the
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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 him 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 ofJud. 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. In 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 ofJud 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 justice 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 ofJud

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 judicial
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

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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. Code ofJud Conduct 3(D)(l ). The
Judge has similar duty towards attorneys who he knows are committing a violation of the Rules
of Professional 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 ofJud

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 judicial matters fairly. Code ofJud

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 justice, misrepresentation, fraud deceit, bribery, extortion, or other such actions
which bring the judiciary into disrepute. Mississippi Com 'n on Judicial Performance v. Bustin,
71 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 justice merits harsher punishment." Id 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 justice.
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 off of 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 Almond matter, 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 Counsel to the CourtAppointed Special Fiduciary in the amount of $15,116.87, again with no Motion or statement
attached and no hearing. 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, to be paid by the Retirement Trust.
Clearly, throughout the course of this litigation, Judge Hilburn has wholly conducted
himself in an antagonistic and biased manner towards Plaintiff and her counsel. Further, he has
wholly frustrated his purpose in this litigation and has brought disrepute upon the judiciary. For
these reasons, it is essential that Judge Hilburn be immediately removed from his position,
ordered to disgorge all fees collected as a result of his appointment, and a new, qualified
Chancellor be appointed as his replacement.

C. Special Master Britt Singletary's Conduct Throught His Appointment Has Manifested a
Clear Disregard for Judicial Impartiality, Fairness, Decorum and Due Process
Requiring His Immediate Disqualification.
Special Master Britt Singletary has conducted himself in a biased and prejudicial manner
throughout his time as the appointed Special Master in the Petitioner's Chancery Court case. Just
as Judge Hilburn violated countless Canons of the Code of Judicial Conduct when he
participated in the secret, ex parte meeting on January 12, 2016, Special Master Singletary also
violated numerous provisions of the Code of Judicial Conduct when he hosted and participated in
the clandestine meeting with Judge Hilburn and Mssrs. Williams, Sessums, Mestayer, Reeves,
Simpson, Guice and Taylor, which was held at his office. All allegations of violations of the
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Code of Judicial Conduct levied against Judge Hilburn are incorporated herein and specifically
levied against Special Master Singletary as well.
Furthermore, Special Master Singletary's actions on January 12, 2016, was the mere
climax of a continuing pattern of behavior manifesting a clear bias against the Plaintiffs and an
intention to subvert justice and prolong this litigation. For example, Special Master Singletary
has unnecessarily delayed Plaintiff's litigation in violation of Canon 3(B)(8), which states that "a
judge shall dispose of alljudicial matters promptly, efficiently and fairly." Code ofJud Conduct
3(B)(8). Beyond the clear violation of any notion of fairness when Special Master Singletary
hosted the clandestine, ex parte meeting on January 12, 2016, he has also continuously delayed
Plaintiff's litigation without cause. For example, on July 24, 2015, Judge Singletary sent an
message to Petitioner's counsel, Earl Denham, advising that the scheduled deposition of John
McKay had been continued, though no hearing had been held. When Mr. Denham drove to Mr.
Singletary's office on Monday, July 27, 2015, to receive a copy of the order, Mr. Singletary was
not there. However, Mr. Denham received a signed copy of the order that was dated July 27,
2015, rather than July 24, 2015, as Judge Singletary had indicated on the 24th.
This pattern of a complete disregard for due process and the Petitioner's rights continued.
In September of 2015, Judge Singletary informed Petitioner's attorneys that he had attended a
meeting with Federal Magistrate Guirola, Judge Hilburn, and Federal Magistrate Walker and that
he was under orders to stay discovery pending the success or failure of Federal Mediation.
Beyond the fact that Petitioner has not filed anything in Federal Court and, therefore, the Federal
Court had no jurisdiction over the case, Judge Singletary also stated that all of the attorneys had
been noticed of the meeting. Neither Harvey Barton nor Earl Denham was ever noticed of this
meeting. Perhaps most importantly, Judge Singletary has appointed for a single reason - to

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oversee discovery. However, to this date, he has not managed to have a single piece of discovery
provided to the Petitioner.
Further, Special Master Singletary has failed to conduct his courtroom in a patient,
dignified and courteous manner. Canon 3(B) of the Code of Judicial Conduct requires a judge to
be "patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and other with whom
they deal in their official capacities ... " Code ofJud. Conduct 3(B)(4). Special Master Singletary
has wholly failed to abide by this Canon. During the September 29, 2015, hearing on the
appointment of Steve Simpson as Special Fiduciary, Special Master Singletary was terse, hostile,
agitated and thoroughly disrespectful to both of Petitioner's attorneys, Harvey Barton and Earl
Denham, as they were speaking. Numerous retirees attended this hearing and witnessed Special
Master Singletary's improper behavior, which would indicate a bias against the Petitioner and
her cause.
Special Master Singletary has conducted himself in a way unbecoming to a Judge or an
attorney. His willful violation of numerous canons of Judicial Conduct along with Rule 3.5 of the
Rules of Professional Conduct which prohibits an attorney from attempting to seek to influence a
judge and communicating ex parte with a judge or other officials warrants his immediate
removal from this case and sanctions, including the disgorgement of any funds received due to
his appointment.

D. Mr. Steve Simpson, the Appointed Special Fiduciary, Has Violated The Rules of
Professional Conduct and Has Betrayed His Duties to the Beneficiaries of the Singing
River Health System Requiring His Immediate Removal from Said Position and the
Disgorgement of All Funds Received By Him and His Attorney for Services Rendered.
On January 12, 2016, Mr. Steve Simpson, former judge and the Appointed Special
Fiduciary for the Beneficiaries of the Singing River Health System, attended the clandestine, ex
parte meeting with Judge Hilburn and Special Master Singletary at Special Master Singletary' s
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office in Biloxi, Mississippi. At the time of the meeting, Mr. Simpson had not only an ethical
duty as a member of the Mississippi Bar to avoid ex parte communication with the Judges and to
avoid seeking to influence a judge or other judicial official, but also had a fiduciary duty to all of
the beneficiaries of the Singing River Health System Retirement program. His conduct in
attempting to collude with Judge Hilburn and Singletary and the other attorneys present was a
clear breach of his fiduciary duty to the retirees. Mr. Simpson as the Special Fiduciary owed the
retirees, at a minimum, a duty of good faith, loyalty and fair dealing. Doreen v. Murray, 604
So.2d 1086, 1092 (Miss. 1992). He has wholly violated these duties by attempting to collude
with Judge Hilburn, Singeltary and the other individuals who participated in the January 12,
2016, secret, ex parte meeting.
Moreover, as a member of the Mississippi Bar, Mr. Simpson has violated his clear ethical
duty to never "seek to influence ajudge ... or other official by means prohibited by
law ... communicate ex parte with such person during the proceeding ... [or] engage in conduct
intended to disrupt a tribunal." Mississippi Rules of Professional Conduct 3.5(a), (b), and (c).
Further, he has violated rule 3.4(c) of the Rules of Professional Conduct by knowingly
disobeying their obligation to avoid ex parte communication and to avoid the appearance of
impropriety both of which are rules of the tribunals of this State. Rules of Professional Conduct
3.4(c). In fact, it appears that Mr. Simpson conspired to collude with Judge Hilburn, Special
Master Singletary and the other individuals present at the secret meeting to thwart justice by
staying the Chancery Court case in order to push through a settlement in Federal Court.
In the present case, immediate action is needed to preserve the integrity of the bar and the
faith the public has in the fairness and impartiality of the judicial system. The Supreme Court has
clear authority to discipline and take whatever action necessary to remedy the damage done by

Page 45 of57

these two attorneys and their law firm. In addition to the statutory authority granted by Miss.
Code Ann. SS 9-1-19, which give the court the power to issue remedial writs, including
injunctions, the Mississippi Rules of Appellate Procedure specifically authorize the Appellate
Courts to ''take any appropriate disciplinary action against any attorney who practice before it for
conduct unbecoming a member of the bar." Miss. R. App. Pro. 46(d). Though in such a case a
show cause hearing and notice are required. However, the Supreme Court is authorized to take
whatever remedial, prohibitive and/or injunctive action necessary to ensure justice, and such
action is desperately needed here.

E. Mssrs. Brett Williams and Kelly Sessums of the Dogan and Wilkinson Law Firm Who
Represent Singing River Health System Have Violated Their Ethical Duties Under the
Rules of Professional Conduct and, Therefore, They and Their Law Firm Should Be
Removed From Further Representation of Singing River Health System and Ordered
To Disgorge Any and All Funds Received for Their Representation.
On January 12, 2016, Brett Williams a partner with the Dogan and Wilkinson Law Firm,
who represents Singing River Health System, along with his associate Kelly Sessums attended
the clandestine, ex parte meeting with Judge Hilburn and Special Master Singletary at Special
Master Singletary' s office in Biloxi, Mississippi. At the time of the meeting, Dogan and
Wilkinson had filed a motion to stay the Chancery Court litigation pending the resolution of the
Federal Class Certification and had set the motion for hearing on the following day, January 13,
2016. Following their meeting with Judge Hilburn and Special Master Singletary, Judge Hilburn
sent an e-mail order granting Dogan and Wilkinson their motion and canceled the next day's
hearing.
Mssrs. Williams and Sessums have violated their clear ethical duty to never "seek to
influence ajudge ... or other official by means prohibited by law ... communicate ex parte with
such person during the proceeding ... [or] engage in conduct intended to disrupt a tribunal." Rules

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of Professional Conduct 3.5(a), (b), and (c). Further, they have violated rule 3.4(c) of the Rules
of Professional Conduct by knowingly disobeying their obligation to avoid ex parte
communication and to avoid the appearance of impropriety both of which are rules of the
tribunals ofthis State. Rules of Professional Conduct 3.4(c). In fact, it appears that Mssrs
Williams and Sessums, on behalf of Dogan and Wilkinson Law Firm and their client, Singing
River Health System, have conspired to collude with Judge Hilburn, Special Master Singletary
and the other individuals present at the secret meeting to thwart justice by staying the Chancery
Court case in order to push through a settlement in Federal Court.
In the present case, immediate action is needed to preserve the integrity of the bar and the
faith the public has in the fairness and impartiality of the judicial system. The Supreme Court has
clear authority to discipline and take whatever action necessary to remedy the damage done by
these two attorneys and their law firm. In addition to the statutory authority granted by Miss.
Code Ann. SS 9-1-19, which give the court the power to issue remedial writs, including
injunctions, the Mississippi Rules of Appellate Procedure specifically authorize the Appellate
Courts to "take any appropriate disciplinary action against any attorney who practice before it for
conduct unbecoming a member of the bar." Miss. R. App. Pro. 46(d). Though in such a case a
show cause hearing and notice are required. However, the Supreme Court is authorized to take
whatever remedial, prohibitive and/or injunctive action necessary to ensure justice, and such
action is desperately needed here.
Further, the entire Dogan and Wilkinson Law Firm, which has, upon information and
belief, represented the Defendant, Singing River Health System, for approximately forty years
(40), should be disqualified from further representation of the Defendant in this matter. The acts
of Brett Williams, a partner in said law firm, in colluding with the judges in this case has raised

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considerable concerns about the propriety of Dogan and Wilkinson continuing in representation
of the Defendant. Rule 5.l(a) of the Rules of Professional Conduct states that "a partner in a law
firm, and al ewer who individual or together with other lawyers possesses comparable
managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in
effect measures giving reasonable assurance that all lawyers in the firm conform to the rules of
professional conduct." Rules of Professional Conduct 5.l(a). In the present case, Mr. Williams, a
partner in Dogan and Wilkinson, has clearly violated the rules of Professional Conduct in an
attempt to collude with Judge Hilburn, Special Master Singletary, and other members of the bar
to quash Petitioner's law suit and force the retirees into a class action settlement without
hearings,jurisdiction or notice. Such conduct cannot be tolerated and Mr. Williams (and Mr.
Sessums) actions have clearly poisoned their entire law firm in this matter and in representation
of Singing River Health System. As such, the Court should immediately enjoin Dogan and
Wilkinson from any further representation of Singing River Health System in this matter or
related matters, and order all fees received by Dogan and Wilkinson from the county owned
Singing River Health System for their services in this litigation and related litigation to be
immediately disgorged and refunded.

F. Mr. Billy Guice of the Rushing and Guice Law Firm Violated His Ethical Duties By
Participating in an Ex Parte Meeting With Judge Hilburn and Numerous Other
Attorneys and Should Be Removed From Further Representation of the County In This
Matter and Ordered to Disgorge All Funds Received for his Representation of the
County In This Matter

On January 12, 2016, Billy Guice a partner with the Rushing and Guice Law Firm, who
represents Jackson County, attended the clandestine, ex parte meeting with Judge Hilburn and
Special Master Singletary at Special Master Singletary's office in Biloxi, Mississippi. By
participating and colluding with the Judges and other named members of the bar, Mr. Guice
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violated their clear ethical duty to never "seek to influence a judge ... or other official by means
prohibited by law ... communicate ex parte with such person during the proceeding ... [or] engage
in conduct intended to disrupt a tribunal." Rules of Professional Conduct 3.5(a), (b), and (c).
Further, they have violated rule 3.4(c) of the Rules of Professional Conduct by knowingly
disobeying their obligation to avoid ex parte communication and to avoid the appearance of
impropriety both of which are rules of the tribunals of this State. Rules of Professional Conduct
3.4(c). In fact, it appears that Mr. Guice, on behalf of Rushing and Guice Law Firm and its client,
Jackson County, have conspired to collude with Judge Hilburn, Special Master Singletary and
the other individuals present at the secret meeting to thwart justice by staying the Chancery
Court case in order to push through a settlement in Federal Court.
In the present case, immediate action is needed to preserve the integrity of the bar and the
faith the public has in the fairness and impartiality of the judicial system. The Supreme Court has
clear authority to discipline and take whatever action necessary to remedy the damage done by
these two attorneys and their law firm. In addition to the statutory authority granted by Miss.
Code Ann. SS 9-1-19, which give the court the power to issue remedial writs, including
injunctions, the Mississippi Rules of Appellate Procedure specifically authorize the Appellate
Courts to ''take any appropriate disciplinary action against any attorney who practice before it for
conduct unbecoming a member of the bar." Miss. R. App. Pro. 46(d). Though in such a case a
show cause hearing and notice are required. However, the Supreme Court is authorized to take
whatever remedial, prohibitive and/or injunctive action necessary to ensure justice, and such
action is desperately needed here.
Further, the Rushing and Guice Law Firm should be disqualified from further
representation of the Jackson County in this matter. The acts of Billy Guice, a partner in said law

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firm, in colluding with the judges in this case has raised considerable concerns about the
propriety of Rushing and Guice continuing to represent of the Jackson County in any matter
concerning the underfunding of the Singing River Health System Retirement program. Rule
5.l(a) of the Rules of Professional Conduct states that "a partner in a law firm, and al ewer who
individual or together with other lawyers possesses comparable managerial authority in a law
firm, shall make reasonable efforts to ensure that the firm has in effect measures giving
reasonable assurance that all lawyers in the firm conform to the rules of professional conduct."
Rules of Professional Conduct 5.l(a). In the present case, Mr. Guice, a named partner at Rushing
and Guice, has clearly violated the rules of Professional Conduct in an attempt to collude with
Judge Hilburn, Special Master Singletary, and other members of the bar to quash Petitioner's law
suit and force the retirees into a class action settlement without hearings, jurisdiction or notice.
Such conduct cannot be tolerated and Mr. Guice's actions have clearly poisoned their entire law
firm in this matter and in representation of Singing River Health System. As such, the Court
should immediately enjoin Rushing and Guice from any further representation of Jackson
County in this matter or related matters, and order all fees received by Rushing and Guice from
Jackson County for their services in this litigation and related litigation to be immediately
disgorged and refunded.

G. Mssrs. James Reeves and Matthew Mestayer of the Reeves and Mestayer Law Firm
Violated His Ethical Duties By Participating in an Ex Parte Meeting With Judge
Hilburn and Numerous Other Attorneys and Should Be Removed From Further
Representation of the County In This Matter and Ordered to Disgorge All Funds
Received for his Representation of the County In This Matter
On January 12, 2016, James Reeves, lead Plaintiffs counsel in the Federal Litigation
regarding the Singing River Health System Retirement Program, and his law partner, Matthew
Mestayer, a local Municipal Judge, who are the named partners of the Reeves and Mestayer Law

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Firm, attended the clandestine, ex parte meeting with Judge Hilburn and Special Master
Singletary at Special Master Singletary's office in Biloxi, Mississippi. By participating and
colluding with the Judges and other named members of the bar, Mssrs. Reeves and Mestayer
violated their clear ethical duty to never "seek to influence a judge ... or other official by means
prohibited by law ... communicate ex parte with such person during the proceeding ... [or] engage
in conduct intended to disrupt a tribunal." Rules of Professional Conduct 3.5(a), (b), and (c).
Further, they have violated rule 3.4(c) of the Rules of Professional Conduct by knowingly
disobeying their obligation to avoid ex parte communication and to avoid the appearance of
impropriety both of which are rules of the tribunals of this State. Rules of Professional Conduct
3.4(c). In fact, it appears that Mssrs. Reeves and Mestayer have conspired to collude with Judge
Hilburn, Special Master Singletary and the other individuals present at the secret meeting to
thwart justice by staying the Chancery Court case in order to push through a settlement in
Federal Court.
In the present case, immediate action is needed to preserve the integrity of the bar and the
faith the public has in the fairness and impartiality of the judicial system. The Supreme Court has
clear authority to discipline and take whatever action necessary to remedy the damage done by
these two attorneys and their law firm. In addition to the statutory authority granted by Miss.
Code Ann. SS 9-1-19, which give the court the power to issue remedial writs, including
injunctions, the Mississippi Rules of Appellate Procedure specifically authorize the Appellate
Courts to "take any appropriate disciplinary action against any attorney who practice before it for
conduct unbecoming a member of the bar." Miss. R. App. Pro. 46(d). Though in such a case a
show cause hearing and notice are required. However, the Supreme Court is authorized to take
whatever remedial, prohibitive and/or injunctive action necessary to ensure justice, and such

Page 51 of57

action is desperately needed here as Mr. Reeves, in particular, has been the lead Plaintiff's
attorney trying to push for the Federal Settlement in order to collect millions of dollars in
attorney fees.
Further, the Reeves and Mestayer Law Firm should be disqualified from further
representation of the Jackson County in this matter. The acts of James Reeves and Matthew
Mestayer, the named partners in said law firm, in colluding with the judges in this case has raised
considerable concerns about the propriety of Reeves and Mestayer continuing to represent any
Plaintiffs in any matter concerning the fraudulent underfunding of the Singing River Health
System Retirement program. Rule 5.l(a) of the Rules of Professional Conduct states that "a
partner in a law firm, and al ewer who individual or together with other lawyers possesses
comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the
firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to
the rules of professional conduct." Rules of Professional Conduct 5.l(a). In the present case,
Mssrs. Reeves and Mestayer have clearly violated the rules of Professional Conduct in an
attempt to collude with Judge Hilburn, Special Master Singletary, and other members of the bar
to quash Petitioner's law suit and force the retirees into a class action settlement without
hearings, jurisdiction or notice. Such conduct cannot be tolerated and Mssrs. Reeves and
Mestayer's actions have clearly poisoned their entire law firm in this matter and in representation
of Singing River Health System Retirees. As such, the Court should immediately enjoin Reeves
and Mestayer from any further representation of Singing River Health System Retirees in this
matter or related matters, and order any fees received by Reeves and Mestayer for their services
in this litigation and related litigation to be immediately disgorged and refunded.

H. Mr. Scott Taylor, the new Trustee for the Singing River Health System, Has Violated
The Rules of Professional Conduct and Has Betrayed His Duties to the Singing River
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Health System Requiring His Immediate Removal from Said Position and the
Disgorgement of All Funds Received By Him and His Attorney for Services Rendered.
On January 12, 2016, Mr. Scott Taylor, the new Trustee for the Singing River Health
System, attended the clandestine, ex parte meeting with Judge Hilburn and Special Master
Singletary at Special Master Singletary's office in Biloxi, Mississippi. At the time of the
meeting, Mr. Taylor had not only an ethical duty as a member of the Mississippi Bar to avoid ex
parte communication with the Judges and to avoid seeking to influence a judge or other judicial
official, but also had a fiduciary duty to the Singing River Health System. His conduct in
attempting to collude with Judge Hilburn and Singletary and the other attorneys present was a
clear breach of his fiduciary duty to the retirees. Mr. Taylor as the Trustee owed the Singing
River Health System, at a minimum, a duty of good faith, loyalty and fair dealing. Doreen v.
Murray, 604 So.2d 1086, 1092 (Miss. 1992). He has wholly violated these duties by attempting

to collude with Judge Hilburn, Singeltary and the other individuals who participated in the
January 12, 2016, secret, ex parte meeting.
Moreover, as a member of the Mississippi Bar, Mr. Taylor has violated his clear ethical
duty to never "seek to influence a judge ... or other official by means prohibited by
law ... communicate ex parte with such person during the proceeding ... [or] engage in conduct
intended to disrupt a tribunal." Rules of Professional Conduct 3.5(a), (b), and (c). Further, he has
violated rule 3.4(c) of the Rules of Professional Conduct by knowingly disobeying their
obligation to avoid ex parte communication and to avoid the appearance of impropriety both of
which are rules of the tribunals of this State. Rules of Professional Conduct 3.4(c). In fact, it
appears that Mr. Simpson conspired to collude with Judge Hilburn, Special Master Singletary
and the other individuals present at the secret meeting to thwart justice by staying the Chancery
Court case in order to push through a settlement in Federal Court.
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In the present case, immediate action is needed to preserve the integrity of the bar and the
faith the public has in the fairness and impartiality of the judicial system. The Supreme Court has
clear authority to discipline and take whatever action necessary to remedy the damage done by
these two attorneys and their law firm. In addition to the statutory authority granted by Miss.
Code Ann. SS 9-1-19, which give the court the power to issue remedial writs, including
injunctions, the Mississippi Rules of Appellate Procedure specifically authorize the Appellate
Courts to "take any appropriate disciplinary action against any attorney who practice before it for
conduct unbecoming a member of the bar." Miss. R. App. Pro. 46(d). Though in such a case a
show cause hearing and notice are required. However, the Supreme Court is authorized to take
whatever remedial, prohibitive and/or injunctive action necessary to ensure justice, and such
action is desperately needed here.

WHEREFORE PREMISES CONSIDERED the undersigned Plaintiff respectfully request

that the Mississippi Supreme Court will take immediate notice of their Emergency Motion. The
undersigned prays that this Court will forthwith remove Judge L. Breland Hilburn from this
present action and any future appointments due to his egregious and willful breach of basic
judicial canons. The undersigned prays that this Court will immediately take action to appoint
another judge to take over the judicial responsibility of this very serious case. Additionally, the
undersigned prays that this Court will see that all prior appointments and/or orders of the Special
Master Britt Singletary and Special Trustee Steve Simpson be set aside and removed from their
position, and from this case altogether. The Plaintiff further prays that each and every participant
in the secret ex parte meeting be ordered to resign from all representation or involvement with
any and all Singing River Hospital litigation, to include the firm at which they are employed as
having no representation or involvement whatsoever.
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Plaintiff further prays that due to the nature of this extreme corruption and collusion, that
each and every party and firm represented at the meeting held on January 12, 2016, disgorge
their fees forthwith into the registry of the Court and provide an accounting of such fees and
billing and/or invoices forthwith to this Court.
Plaintiff additionally prays for a Stay in proceedings by this Court until this matter is
heard and/or a new Judge is appointed to oversee the case, and discovery is conducted as to any
other potential parties present at the secret meeting on January 12, 2016, either in person or
telephonically. Plaintiff also prays that this Court issue an Order of Protection to preserve all
emails, phone calls, text messages, and any other electronic communication which could be used
to determine all parties who knew about or were in attendance at the ex parte meeting.
The undersigned prays that all the attorneys and trustees involved in the clandestine ex
parte meeting of January 12, 2016, will be directed to the appropriate agencies for sanctions and
ethical sanctions as this Court sees fit. The undersigned further prays for such other general relief
as they may be entitled to by law to receive justice as the Court deems appropriate.
Respectfully submitted this the 15th day of January, 2016,
CYNTHIAN. ALMOND
BY: DENHAM LAW FIRM, PLLC
BY: BARTON LAW FIRM, PLLC

BY: --~----"=~l...... . . . . . . .;:___---EARL L. D E ~ ,,

BY:

UL- Jk,1w~~

~W-.-HA-~-RV-E~-AR~T~O-N~~~-

Page 55 of57

CERTIFICATE OF SERVICE
I, HARVEY BARTON, do hereby certify that I have this day forwarded via e-mail, a true
and correct copy of the above and foregoing MOTION FOR OMNIBUS RELIEF to the usual and
regular mailing or email addresses of all counsel of record.

SO CERTIFIED this the 15th day of J a n : 0 ~ .

~--

W.~ARTON

Prepared by:
EARLL. DENHAM
MS Bar No. 6047
Denham Law Firm, PLLC
424 Washington Avenue (39564)
Post Office Drawer 580
Ocean Springs, MS 39566-0580
228.875.1234 Telephone
228.875.4553 Facsimile
earl@denhamlaw.com

W. HARVEY BARTON
MS Bar No.: 2104
BARTON LAW FIRM, PLLC
3007 Magnolia Street
Pascagoula, MS 39567
228.769.2070 Telephone
228-769-1992 Facsimile

Page 56 of57

EXHIBIT LIST
Exhibit A-ZZZ-Marked Confidential/ Under Seal
Exhibit ZZZ-1- January 15 Affidavit from W. Harvey Barton
Exhibit 1- Video 1, Camera 1 (DVD)
Exhibit 2- Video 2, Camera 2 (DVD)
Exhibit 3- Still Photos 1-9 (Glossy Prints)

Motion and Exhibits 1-3 not under seal or confidential

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