Howard Releases Exhibits for Motion to Enforce Settlement on Behalf of Ottawa County Health Officer
Attorney Sarah Riley Howard today released exhibits related to Ottawa County Health Officer Adeline Hambley’s motion to enforce the negotiated $4 million settlement agreement made between Hambley and the Ottawa County Board of Commissioners (BOC) in its November 6 board meeting.
On Dec 4, Muskegon County Circuit Court Judge Jenny McNeill ruled in favor of Howard’s argument that plaintiff is due an evidentiary hearing to determine whether the board accepted the settlement terms when they voted to “accept counsel’s (Kallman’s) recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County as addressed in closed session.”
After details of the settlement became public and the board faced public outrage, Kallman claimed that there never was a settlement.
During the Dec 4 hearing, Judge McNeill agreed that Howard and Hambley are entitled to an evidentiary hearing and scheduled that for January 19. She requested the official minutes of the December 4 BOC closed session for an “in camera” review (for her eyes only). And she ruled Howard could subpoena witnesses, including County Clerk Justin Roebuck and Commissioners Joe Moss, Jacob Bonnema, Roger Bergman and Doug Zylstra, to testify to what happened during the closed-door session. Kallman’s motion to quash those subpoenas failed. The case is being heard in Muskegon County after all judges in Ottawa County recused themselves.
Included in the document release are copies of three motions: Plaintiff’s Motion to Enforce Settlement, Plaintiff’s Motion to File Second Amended Complaint, and Defendants’ Motion to Quash. The Motion to Enforce Settlement is accompanied by exhibits and further documents which detail the negotiations.
Also included is Kallman Legal’s appeal to the Michigan Supreme Court seeking to overturn the Court of Appeals’ opinion granting interlocutory and declaratory relief for Hambley.
Sarah Riley Howard is a civil rights and workplace law attorney and shareholder of Pinsky Smith PC law firm.
Motion to Enforce Settlement
- Plaintiff's Brief in Support of Motion to Enforce Settlement
- Plaintiff's Reply Brief in Support of Motion to Enforce Settlement Agreement
- Plaintiff’s Motion for Leave to File a Reply Brief in Support of Plaintiff's Motion to Enforce Settlement Agreement
- Ex 1 Email Communications Between Counsel Re Settlement Terms.pdf
- Ex 2 Kallman's Draft of Tentative Settlement.pdf
- Ex 3 Emails Finalizing Settlement Details.pdf
- Ex 4 Emails Re Settlement Proposal Nov 1-2 .pdf
- Ex 5 Email of Plaintiff's Initial Settlement Offer.pdf
- Ex 6 Bonnema Public Statement on Settlement Agreement.pdf
- Ex 7 Zylstra Public Statement on Settlement Agreement.pdf
- Ex 8 Bergman Public Statement on Settlement Agreement.pdf
Motion to Quash
- Defendants’ Motion to Quash with Exhibits
- Plaintiff’s Response in Opposition to Motions to Quash
- Roebuck’s Brief in Support for Motion to Quash
Motion to File Second Amended Complaint
Defendants’ Appeal to Michigan Supreme Court