Singing River: plaintiffs file for contempt

Twitter is reporting that the Denham/Barton plaintiffs are asking the Miss.S.Ct. to find Judge Hilburn in contempt.

The motion does a nice job of reciting the facts that led to the litigation.

As for the reason  for the contempt motion, they state:

Judge Breland Hilburn was then appointed by the Supreme Court, and has, in almost one year of litigation in which he has been involved, only allowed Appellant to take two depositions, has not required SRHS to comply with MRCP in terms of answering discovery, and in a 43 page docket, other than allowing the Appellants to get their bond money back from the filing of the TRO’s, not made a single favorable ruling on behalf of Denham and Barton and the Plan Participants represented by the two (2) attorneys. Rather, Judge Hilburn has, upon information and belief, engaged in a plan and conspiracy to control the litigation so as to allow all responsible parties to be free of liability or exposure when in fact this appears to be the largest accounting fraud in the state, possibly the region. The Federal Court class action to which Judge Hilburn believes is necessary to resolve the litigation, is a mandatory, non-opt-out class certification in which the beneficiaries of the Plan are not allowed to choose their own attorneys, even if they are already represented, and will be forced to accept a settlement that guarantees nothing to them and does not provide for checks and balances with those managing the Plan, and is not in the best interest of those who paid into the system and fulfilled their obligation and are now being denied their right to due process in the Chancery Court of Jackson County. If Judge Hilburn is allowed to recuse himself from only the cases where Plaintiffs are represented by Barton and Denham, it is of no consequence to the overall litigation and in fact does nothing to remove his admitted bias from this litigation. Should the class action be allowed to conclude, Judge Hilburn and the Special Fiduciary, Stephen Simpson, will have absolute control over a retirement plan that is destined to fail. No one, save the attorneys who are representing liable parties in this litigation, or the attorneys who stand to make more than 6.4 million dollars in attorneys’ fees at the conclusion of the class action, asserts that Judge Hilburn has the best interest of all the retirement plan beneficiaries in mind. Judge Hilburn and all of those appointed during his presiding over the case, including but not limited to: Special Master Britt Singletary and Special Fiduciary Stephen Simpson, should be forced to recuse themselves from any aspects of this litigation.

Between the secret clandestine meetings with certain parties, the refusal to allow appellant to litigate the matter in the Jackson County Chancery Court as directed by the Mississippi Supreme Court, the continued stay in discovery to the detriment of the Plaintiff and others similarly situated, the abbreviated hearings, the obvious push toward involving himself personally in Federal Mediation and litigation, refusing to allow the Chancery court proceedings to follow the natural course of litigation as provided by Plaintiff’s right to due process and now the blatant refusal to hold a hearing on the Motions for recusal as directed by this Court, Plaintiff has no other option for relief

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