Thread: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

Palladium - Item - Richmond, Ind.

Author:	Bill Engle
Date:	Jan 26, 2006

Issues surrounding the EDC president said to be interferring with work

Four Richmond Common Council members agree with the Wayne County commissioners: It's time for Don Holbrook to go.
Those council members responded Wednesday to the news that the commissioners called for Holbrook, president of the Economic Development Corporation of Wayne County, to be fired by saying they too want the controversy to end.
"I think it would be best if Don would be replaced," said Councilman Karl Sharp, who is council's liaison to the EDC board. "With all the problems, I don't think he can get the job done even if he made 180-degree turnaround from what he's accused of."
Councilman Bruce Wissel said the problem is that Holbrook "has become the issue."...

Councilman Al Glover said the feedback he has heard from local citizens points to the same conclusion.
"From what people are saying to me, I'm wondering what we're doing here," Glover said. "I have serious concerns and I'm beginning to think that maybe the commissioners are right."
Councilman Larry Parker said his concern is the controversy has knocked the EDC off the path of economic development.
"I think it's time," he said. "There has been so much controversy and negative publicity, I just don't see how he can do the city of Richmond and Wayne County justice."
The city contributes about $750,000 annually in economic development income tax to the EDC.....
Councilman Bing Welch said he was not surprised by the commissioners' action.
"It's not a good thing," he said. "I hope that whatever they decide that they get it done and get it behind us and move on with whatever they're going to do."

ECONOMIC DEVELOPMENT
Palladium - Item - Richmond, Ind.

Author:	Bill Engle
Date:	Jan 29, 2006

Richmond Mayor Sally Hutton....
"We're the laughingstock of the state as far as economic development is concerned," Hutton said. "They need to correct the situation. All the sides need to sit down and work it out."......

The board and its attorney met for almost four hours in closed session Friday evening to discuss Holbrook and where the EDC goes from here.....

Earlier this week the Wayne County Commissioners asked the EDC to fire Holbrook. They cited several reasons, including Holbrook's lack of communication recently with taxpayers.
It is that lack of communication that made Peggy Cenova, the Hagerstown Council president, say that it's time for Holbrook to go.
"(Holbrook's) predecessor made a point to meet all of us (on the Hagerstown Council)," she said. "Mr. Holbrook didn't even bother to make himself known to us when they met here a few months ago and when all this controversy came up, he never bothered to call us."
Hagerstown has one appointment to the 12-member EDC board, but the town's seat has been empty since Denny Burns, along with two other board members, resigned in a show of non-support of Holbrook last month.
The EDC has an annual budget of around $900,000 to $1 million dollars. Its funding comes from county municipalities that contribute a portion of their Economic Development Income Tax money to the organization.
Mick Fowler, the Cambridge City Council president, said he feels sorry for one group in all this: the taxpayers whose money is used to support the EDC.
"That money don't fall out of the sky," he said. "It comes out of people's paychecks."
He agreed that Holbrook needs to be removed from his job....

Centerville also has a representative on the EDC board, Gene Kates. Wandersee said he's afraid that the debate over the EDC and Holbrook has only hurt the county.
"With all the bickering, if you were a company, would you want to take a look at Wayne County?" he said. "I don't think so."......
Now it has a large budget and pays its president more than $100,000.
"Is there a way to have the same results with less expenditure?" Cenova said.
Hamm did say he was disappointed with something else he's heard recently: that the EDC board needs to be removed.
"There's a lot of good people on the board who've tried their level best," he said.
He also said the EDC is still focused on bringing jobs to the area.

Holbrook out at EDC
Palladium - Item - Richmond, Ind.

Author:	Mary Sell Bill Engle
Date:	Feb 1, 2006

Board unanimously dismisses leader, looks to future

EDC board members want to move forward with economic development - without Don Holbrook.
The board of the Economic Development Corporation of Wayne County on Tuesday fired Holbrook, the organization's president for the last 16 months.
"We need the support of everyone in Wayne County if we are going to move forward. It was obvious that that wasn't going to happen unless we made some sort of change in leadership," said John Zetzl, who Tuesday made the motion to terminate Don Holbrook without cause. Approval was unanimous......

according to his contract will receive six-month's worth of his annual salary. Holbrook makes $107,000 a year.

Few board members would comment on the firing. Instead, they filed out, saying the firing was a "personnel" matter.....
"The board's charge is to grow economic development and we've taken that very seriously all along.
"If something gets in the way we have to correct it," Hamm said.
Holbrook attended the meeting and stood silently as board members voted for his termination.....

"I think the media making public policy is dangerous."
Holbrook, in a written statement, wrote he was unfairly fired because of "hysteria driven paparazzi style media coverage of totally untactful and baseless allegations."
"I believe my EDC board is succumbing to unwise pressure from people that simply do not have all the facts or are unwilling to comprehend the protocol of economic development and business in our modern day scenario," Holbrook said in a statement.
"The continued bullying of the media, especially the Palladium-Item, is simply mean spirited and not factual," he added....

The EDC's decision to terminate Holbrook comes less than a week after Wayne County commissioners called for the EDC board to fire him.
Commissioners said they based their decision to ask for his termination on a recent lack of communication with them and Wayne County taxpayers. They also said it was a reaction to public outcry regarding Holbrook and his use of EDC money. The EDC had a budget last year of almost $1 million.
Concerns about Holbrook emerged at public meetings in early November when EDC board member Denny Burns and Wayne County Council President Jeff Plasterer questioned Holbrook's spending......

Albert Albrecht, a Richmond resident, attended the meeting and said the EDC board made a "$125,000 mistake in hiring Holbrook."
"It's costing the taxpayers $125,000," he said. "The board paid $40,000 to the headhunter to get him here, $35,000 to move him here and another $50,000 to get rid of him."
Holbrook will receive half of his salary.
Albrecht said the EDC board's immediate need is to "re-establish credibility before you go out and look for somebody."
"Credibility doesn't just bounce right back," he said. "You have to look at the organization and their objectives and priorities. You have to decide if you are on the right line. Then you have to decide if you're looking for the right person."....

Plasterer spoke against Holbrook's spending of EDC money in November, when the county council decided to cut the group's budget by about $100,000. The county council has authority over the EDC's budget, which this year is almost $900,000.
Plasterer said Wayne County needs to continue to have an economic development outreach program, but now is a good time to make changes to make the organization as effective as possible.
"I think there is certainly an opportunity at this point to look at the program," Plasterer said. "I'm talking specifically about council's approach to economic development. I expect we will look at the financial side, in terms of how we approach the budget process and how we talk about salaries."......

REFER
Inside
* Don Holbrook's written response
* Potential lawsuits remain up in the air
* EDC board chairman Dick Hamm's statement
Page A2
* Our view: Time to get back to the economic development tasks at hand
* Don Holbrook: `UnChristian treatment' closes life chapter
* Wayne Co. Commissioners' `flip-flop' was a show of leadership

As we can see from the teaser's I am posting there is much more! Please consider going forth and paying for the archived material to get the rest of the story!

Holbrook doesn't rule out lawsuit
Palladium - Item - Richmond, Ind.

Author:	Mary Sell
Date:	Feb 1, 2006

EDC officials think they're safe from potential lawsuits but Don Holbrook is keeping his options open.
Holbrook, president of the Economic Development Corporation until he was fired Tuesday......
"I'm not going to comment on what my next actions are," he said. "I don't disqualify anything. I haven't seen how the board is going to officially handle our separation. I'm going to see what happens in the next couple of days."

Holbrook wouldn't say whether he's considering legal action against the board.
Under his contract with the EDC, Holbrook can be fired without cause, but will be paid six months of his salary, which is $107,100 annually.....

"He can do whatever he wants," Hamm said when asked if he was concerned about legal ramifications.

WAYNE COUNTY
Palladium - Item - Richmond, Ind.

Author:	Rebecca Helmes
Date:	Feb 2, 2006

....A Richmond businessman told the Wayne County Council on Wednesday that efforts should be made to recover county funds paid to a headhunter who helped in the search for a president for the Economic Development Corporation of Wayne County.
That's a post Don Holbrook held until Tuesday, when he was fired by unanimous vote of the EDC board of directors.
At their meeting Wednesday, Wayne County Council members unanimously supported the EDC's dismissal of Holbrook.
Richmond resident and businessman Mike Doherty told council members sweeping changes were needed, calling the EDC controversy and president's firing part of a larger, systemic problem that exists within how the EDC is organized and run......

"Oversight and operational parameters were not in place at the EDC," Doherty said.
He called for tougher scrutiny on the part of the board.....

He said the people in charge of corporations like Enron, Tyco and WorldCom were comprised of boards of directors that didn't know what was occurring.
He suggested a lawsuit be filed against the headhunter, who suggested Wayne County hire Holbrook, for possibly concealing parts of his past.
The EDC paid $40,000 to Joan Jorgenson Consulting during its search for a president in 2004.
He urged the county not to hurry in its replacement of Holbrook.
Council President Jeff Plasterer said elected officials would keep Doherty's comments in mind.
"Mr. Doherty made some good points this morning and we will be looking at the process of the EDC and trying to determine changes, if any, are necessary," Plasterer said.
Council Vice President Myron Moyer said potential changes to the EDC could be more oversight of the board or the board could have more responsibility to residents. He also said elected officials could exercise more control over the board....

Councilman Tony Gillam said council expressed concern four months ago about how the EDC was spending money and tried to keep it fiscally responsible.
"The community needs to heal now," Gillam said.
In their support of the EDC board vote to fire Holbrook, council in a statement read by Plasterer said:
"The turmoil surrounding the EDC and its president causes us to conclude that the agency cannot effectively serve the vital role that it must serve in helping to shape our county's economic future without a change in leadership. Thus, we support the EDC board's decision to terminate Mr. Holbrook."
The language was similar to a resolution presented last week by Wayne County commissioners that called for Holbrook's dismissal.
The statement by the council cited "numerous contacts from citizens expressing concern over the perceived lack of effective governance and fiscal restraint exercised by the EDC Board of Directors and its president."....

High hopes follow Dinkle
Paladium - Item - Richmond, Ind.

Author:	BILL ENGLE
Date:	Dec 3, 2006

County officials agree that Jim Dinkle brings a lot to his new job as president and CEO of the Economic Development Corporation of Wayne County.
They point to the 46-year-old Dinkle's experience in both the private and public sector, his work in both rural and urban settings and his knowledge of the area.
How could he fail? they ask.
But they know that Dinkle, who starts Monday, faces challenges that are economic, global and historical.
.....about 10 months after an ugly spat split the EDC's board and led to the firing of his predecessor.
Still, he is confident he can mend fences and make a difference.
"It was a tumultuous time. That's my understanding," Dinkle said. "But my philosophy is the proof is in the pudding. If within one or two years I can show some results, then I can prove myself."
"Having successes to point to at the end of the day, that's what people will judge me on," he said.
That's the attitude that Dinkle brings to Wayne County. A Kentucky native and a 1982 University of Kentucky graduate, Dinkle has 20 years of economic development experience,...

But Dinkle knows difficult tasks lay ahead. His plan is to be mobile, visible, available.
"I can be successful by getting out in the community, getting to know people, developing economic development allies with chambers, elected officials and utilities," he said. "But you also have to get out in the county and meet with companies, learn of their expansion plans and the problems they're experiencing."
That struck a positive chord with Jeff Plasterer, president of the Wayne County Council and the council's liaison to the EDC board. Plasterer was one of several county officials to criticize the spending habits of Dinkle's predecessor, Don Holbrook.
"Communication is an immediate goal," Plasterer said. "Mr. Dinkle suggested to us that he would be very active in the community, which his predecessor was not. And he agreed to make it a priority to meet with leaders in all the communities that contribute to the consolidated EDIT (Economic Development Income Tax) fund."
His predecessor, Holbrook, was fired in January after EDC board members questioned his spending. There were also charges that Holbrook falsified his resume, threatened to sue a former employer and one of the EDC board members, and that he introduced a company that, he said, planned to build a $25 million dairy processing operation in Wayne County this year.
That dairy processing project remains an embarrassing puzzle.
The spat led to three board members quitting and some members of the Wayne County Commissioners and Council asking that Holbrook be replaced.
But Dinkle and Plasterer said that much of the damage has been repaired by the solid job interim president Bill Martus has done.
"I know what happened before and I know there is some fence-mending still ahead," Dinkle said. "But I don't consider it an uphill battle and that's because of the work Bill Martus has done. Bill Martus and Dick Hamm as well as other board members have done a good job in communicating outside the EDC."

Many believe Dinkle is just the person to continue some of the recent EDC successes...

Dinkle will make $95,000 annually. Holbrook was due to make $107,000 prior to being fired.
A 2005 study by the Ball State University Bureau of Business Research revealed that 70 percent of the state's economic development professionals made less than $75,000 per year.
So Dinkle is above the curve. He has a lot to prove but he welcomes the challenge.
"Of course we can compete but there is competition," Dinkle said. "My role as I see it is to go out and cultivate leads and prospects for new businesses to locate in Wayne County. But equally important is the retention and expansion of the existing businesses we have here."
"We can succeed here, absolutely," Dinkle said. "The growth potential here is exciting. I intend to hit the ground running."
Many business and community leaders welcome Dinkle.
"I certainly congratulate anybody coming into that position," said Richmond businessman Bob Van Pelt. "I'm not an adversary of the EDC. I think the Holbrook thing needed attention and people got together and gave it their attention and now it's time to move forward."

Things are obviously going swimmingly with that fraud Holbrook out of the picture!

http://www.iedconline.org/?p=Board

Don Allen Holbrook is no longer listed as a board member of the IEDC / International Economic Development Council.

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I WONDER HOW HE IS GOING TO DIG OR EXCAVATE WHEN HE WILL BE IN A PIN STRIPE SUIT WITH A NUMBER ATTACHED????????

I don't know where you are from, fjjm303, but I believe here in Texas, with good behavior, the TDC allows inmates to work on farms, hoeing potatoes and such. (This could substitute quite nicely for digging.) If allowed his extremely FAT (thrown in for good MEASURE for gASSbags buddy, Mr. Yodel) briefcase full-o-bullshit, Don, (ASSuming he was prosecuted), could quickly ascend to the rank of Head Potatoe Excavator!! Boy, wouldn't Mr. PotatoeHead be proud!!!

Holbrook no longer listed as a Board Member of the IEDC ? As it should be. Congratulations, Soapboxmom

Originally Posted by pantherdadX2

I don't know where you are from, fjjm303, but I believe here in Texas, with good behavior, the TDC allows inmates to work on farms, hoeing potatoes and such. (This could substitute quite nicely for digging.) If allowed his extremely FAT (thrown in for good MEASURE for gASSbags buddy, Mr. Yodel) briefcase full-o-bullshit, Don, (ASSuming he was prosecuted), could quickly ascend to the rank of Head Potatoe Excavator!! Boy, wouldn't Mr. PotatoeHead be proud!!!

I live in Pahrump, NV and trying to put this asshole in jail. I am friends with SBM

Although I've never met you, fjjm303, or Soapboxmom, a friend of the taxpayer and one willing to take a stand and speak out against the disgusting waste of taxpayers hard EARNED money by people such as that humongous bag of noxious gas, Don Holbrook, is a friend of mine. If not for that idiots rantings on the Kingwood Underground, threatening anyone who dared comment or formulate an opinion of the Supreme Lord and Master of the Internet, I more than likely would have forgotten about this a long time ago. My beef was with others in the NCISD. I met Frank "the Bank" McCrady, President of the EMCID, approximately 3 yrs. ago , and didn't think much about it until the first article about the questionable spending of the EMCID came out in the Tribune. It was when I saw Holbrook's comments on the Facebook page and after his threats on the Underground that I made a decision to follow this soap opera to the bitter end. I've never watched over 5 min. of a soap opera in my life, but this one's too good to pass up. A while back, my youngest son, whom I met Frank through, as he was friends with his son, told me Frank was actually a real nice guy. After gathering the info. so graciously provided by SBM about Holbrooks sordid past, and especially after reading his quote "people unwilling to comprehend the protocol of economic development and business in our modern-day scenario", one has to wonder if this isn't the very same quote Holbrook used on his latest unwitting victims, Frank McCrady, the EMCID, and ultimately, the taxpayers of EMC. Just what IS this protocol, Sir gASSbag? Stuff thy piehole and the pieholes of thy family and stuff thy pockets until they're overflowing from the taxpayers trough and TO HELL WITH THE TAXPAYERS? I thinkest Not, Black Knight!!! This is the very same protocol that is bringing our once-great Nation down (modern- day scenenario) at this very moment. If Holbrook ends up in jail, fjjm303, there will be absolutely NO tears shed here, but one WILL hear the sound of the worlds smallest violin playing in the distance.

I went to the Town Board meeting to explain this and they said it was a personal attack on Holbrook. They obviously have your own interpretations of the public’s right to know and participate in

community discussions. This Board has reduced public comment to a meaningless moment in

Town meetings. They have limited the public’s ability to speak and then ignored them when

they speak .. to the point most are completely discouraged and have stopped attending meetings.

Now the Town Board is being asked to throw another $65,000 of public money at a consultant to

create a taxing district. Remember the County has already said no to the any project that involves

Mr. Holbrook. He is the consultant for Front Site and this Private- Public Partnership.

Of course the Ad Hoc committee (which Mr. Kohbarger insists does not exist) comprised of

members unknown have met on days, at times and places unknown and given phantom

recommendations on this project. It is my understanding though Front Site is represented on that

Committee and that is an obvious conflict of interest as Front Site will benefit from any project.

Moreover, they are going forward with the very people who lied about Don Holbrook’s

continued involvement despite news pictures of him with Town Board members and the Town

Manager. The now bankrupt EarthQuest Park project in Houston is being investigated by the FBI

as well as the Montgomery County Texas District Attorney and the Texas Rangers for improper

expenditures, over-spending. Front Site’s consultant is part of this ongoing investigation. The

bond of Eight Millions for the EarthQuest project has turned into a nightmare for the taxpayers

of that Improvement District. They are required to paid back Twenty-One Million because of the

lack of fiscal responsibility. One more point which could be coincided a conflict of interest is

that Mr. Mike Meacher, CEO of Front Site Resorts donated a One Hundred dollar donation to the

reelection campaign of a Board member of the East Montgomery County Improvement District

in Texas.

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
ANSWER TO AMENDED COMPLAINT
AND COUNTERCLAIM OF DON
ALLEN HOLBROOK, LLC FOR
ANTICIPATORY BREACH OF
CONTRACT AND DECLARATORY
JUDGMENT TO PROTECT TRADE
SECRETS AND/OR CONFIDENTIAL
INFORMATION BELONGING TO
DON ALLEN HOLBROOK, LLC
Defendant Don Allen Holbrook, LLC (“Don Allen Holbrook, LLC”), now states for its
Answer to the Amended Complaint filed by the City of Huber Heights, Ohio (the “City”) as
follows:
1. Don Allen Holbrook, LLC admits the allegations in paragraph 1 of the Amended
Complaint.
2. Don Allen Holbrook, LLC admits that it is an Arizona limited liability company,
has its principal place of business at 9200 Dalmahoy Place, Las Vegas, NV, 89145, and also
admits that it is registered with the Ohio Secretary of State as a foreign limited liability company.
3. Don Allen Holbrook, LLC admits the allegations in paragraph 3 of the Amended
Complaint.
4. Don Allen Holbrook, LLC admits that it sent a letter dated November 2, 2011, to
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, October 09, 2012 2:55:04 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17589721
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2
Gary Adams, now the former City Manager, which letter is attached as Exhibit 1 to the Amended
Complaint and is 8 pages with Addendum A and Addendum B on page 8, admits that Exhibit 1
speaks for itself, states that Plaintiff’s characterization of the document is inaccurate and
incomplete, and denies the remaining allegations in paragraph 4 of the Amended Complaint.
5. Don Allen Holbrook, LLC admits that Exhibit 1 speaks for itself, that Plaintiff’s
characterization of the document is inaccurate and incomplete, that Plaintiff has not accurately
quoted from Exhibit 1, and denies the remaining allegations in paragraph 5 of the Amended
Complaint.
6. Don Allen Holbrook, LLC admits that Exhibit 1 speaks for itself, that Plaintiff’s
characterization of the document is inaccurate and incomplete, and denies the remaining
allegations in paragraph 6 of the Amended Complaint.
7. Don Allen Holbrook, LLC admits that Exhibit 1 speaks for itself, that Plaintiff’s
characterization of the document is inaccurate and incomplete, denies the remaining allegations
in paragraph 7 of the Amended Complaint, and further states that the Agreement conditioned this
4 to 6 week time frame on Don Allen Holbrook, LLC receiving assistance from the City Staff:
“This scope of work would take approximately 4-6 weeks and would require the
assistance of the City Staff and collaboration of the current developer to provide
information and collaborate on conceptual development strategies.”
8. Don Allen Holbrook, LLC admits that Exhibit 1 speaks for itself, that Plaintiff’s
characterization of the document is inaccurate and incomplete, denies that Exhibit 1 has an
Appendix A, but states that it has an Addendum A and Addendum B, and denies the remaining
allegations in paragraph 8 of the Amended Complaint.
9. Don Allen Holbrook, LLC admits that on December 12, 2011, the City passed
Resolution No. 2011-R-5559 (“Resolution”), which was adopted with a unanimous vote on an 3
“Emergency” basis authorizing the City Manager to enter into an economic development
business case analysis with Don Allen Holbrook, LLC for the following: (1) to enter into an
Agreement with Don Allen Holbrook, LLC and to pay an amount not to exceed $39,500.00,
including expenses; and (2) to accept Addendum A of the Agreement and to pay an amount not
to exceed $26,500.00, including expenses, for a total amount authorized to be paid by the
Resolution of $66,000.00; and denies the remaining allegations in paragraph 9 of the Amended
Complaint.
10. Don Allen Holbrook, LLC admits the allegations in paragraph 10 of the Amended
Complaint.
11. Don Allen Holbrook, LLC admits that the City paid the first and second
installment payments totaling $23,300.00 and $30,500.00 under the terms of the Agreement,
states that Invoices marked as Exhibits 3 and 4 were created by Don Allen Holbrook, but that it
appears that the City has added various printed stamps and dates, handwritten checkmarks and
initials that were not on the original Invoices, and that the City approved each of these Invoices
for payment by reason of the following: (1) Exhibit 3 is marked “OK” by a person with the
initials “DJ” with 2 handwritten checkmarks and has a stamp showing that it was “AUDITED”
by “DJ” on “DEC 21 2011”; and (2) Exhibit 4 has the initials “G.D.A.” with a handwritten
checkmark and the date “3-1-12” with a handwritten checkmark, and has a stamp showing that it
was “AUDITED” by someone whose initials are illegible on “MAR 01 2012” and “AUDITED”
by “DJ” on “MAR 2 2012”, denies the remaining allegations in paragraph 11 of the Amended
Complaint.
12. Don Allen Holbrook, LLC admits that it submitted an interim report before the
City made the final payment, denies the remaining allegations in paragraph 12 of the Amended 4
Complaint, and further admits that the former City Manager, Gary Adams, directed Trisha
Reents to find appropriate alternative sites, directed Donnie Jones to work with Don Allen
Holbrook, LLC on the incentives and financing models so that they can create a possible project
business case conclusion for the final report, and, on or about March 5, 2012, Don Allen
Holbrook, LLC informed the City that Don Allen Holbrook, LLC needed more clarification from
the City Staff on the email sent to Mr. Jones dated March 1, 2012, but to which Don Allen
Holbrook, LLC received only a 2 word reply from Mr. Jones: “Got it”; Don Allen Holbrook,
LLC sent another email on March 5, 2012 to Mr. Jones stating in part: “I want to incorporate
your thoughts into the final report, which I need to finish by mid-week to turn in next week.
Drop me an email or give me a call . . . .”, but Don Allen Holbrook, LLC received no
substantive response from Mr. Jones, and denies the remaining allegations in paragraph 12 of the
Amended Complaint.
13. Don Allen Holbrook, LLC denies the allegations in paragraph 13 of the Amended
Complaint and states that any failure to conform to industry standards, if any, is a direct result of
the City’s prior failure to cooperate, collaborate, and provide necessary feedback on the
incentives and financing concept from the City Staff needed for the final report, specifically, the
failure of Mr. Jones to respond to emails from Don Allen Holbrook, LLC, from March 1, 2012,
March 5, 2012, which would require Don Allen Holbrook, LLC to prepare a separate addendum
to incorporate these concepts into a final report or would require an amended report.
14. Don Allen Holbrook, LLC admits the allegations in paragraph 14 of the Amended
Complaint and admits that by withholding this payment the City materially breached the
Agreement by refusing to make the agreed upon payment authorized by the Resolution and
breached the Agreement by failing to assist and collaborate on the report as stated in the 5
Agreement and denies the remaining allegations in paragraph 14 of the Amended Complaint.
15. As to the allegations in paragraph 15 of the Complaint, Don Allen Holbrook, LLC
incorporates by this reference each and every response to the allegations in the preceding
paragraphs of the Amended Complaint.
16. Don Allen Holbrook, LLC denies the allegations in paragraph 16 of the Amended
Complaint and further states that the City materially breached the Agreement before it alleges
that Don Allen Holbrook, LLC allegedly breached the Agreement.
17. Don Allen Holbrook, LLC denies the allegations in paragraph 17 of the Amended
Complaint.
18. Don Allen Holbrook, LLC states that paragraph 18 of the Amended Complaint is
a rhetorical paragraph and requires no response.
19. Don Allen Holbrook, LLC denies the allegations in paragraph 19 of the Amended
Complaint, denies that it or that Don Allen Holbrook was in the State of Ohio on August 16,
2011, denies that it or Mr. Holbrook participated in any meeting with anyone from the City of
Huber Heights, whether by telephone or video-conference, on August 16, 2011, and therefore
denies that it or Mr. Holbrook made any representations to anyone with the City of Huber
Heights on August 16, 2011.
20. Don Allen Holbrook, LLC denies the allegations in paragraph 20 of the Amended
Complaint, denies that it or Mr. Holbrook was in the State of Ohio on August 16, 2011 or on
November 2, 2011, and denies that it or Mr. Holbrook participated in any meeting with anyone
from the City of Huber Heights, whether by telephone or video-conference, on August 16, 2011
or on November 2, 2011, and therefore denies that it or Mr. Holbrook made any representations
to anyone with the City of Huber Heights on August 16, 2011 or on November 2, 2011.6
21. Don Allen Holbrook, LLC denies the allegations in paragraph 21 of the Amended
Complaint.
22. Don Allen Holbrook, LLC denies the allegations in paragraph 22 of the Amended
Complaint.
23. Don Allen Holbrook, LLC denies the allegations in paragraph 23 of the Amended
Complaint.
24. Don Allen Holbrook, LLC denies the allegations in paragraph 24 of the Amended
Complaint.
25. Don Allen Holbrook, LLC states that paragraph 18 of the Amended Complaint is
a rhetorical paragraph and requires no response.
26. Don Allen Holbrook, LLC admits that it is in the business of acting as an
economic developer and denies the remaining allegations in paragraph 26 of the Amended
Complaint.
27. Don Allen Holbrook, LLC admits that it has a pecuniary interest in the Agreement
that is attached as Exhibit 1 to the Amended Complaint and denies the remaining allegations in
paragraph 27 of the Amended Complaint.
28. Don Allen Holbrook, LLC denies the allegations in paragraph 28 of the Amended
Complaint and denies that it made any misrepresentations or supplied false and misleading
information to anyone with Huber Heights at any time, including but not limited to August 16,
2011 or November 2, 2011.
29. Don Allen Holbrook, LLC denies the allegations in paragraph 29 of the Amended
Complaint and denies that it made any misrepresentations to anyone with Huber Heights at any
time, including but not limited to August 16, 2011 or November 2, 2011.7
30. Don Allen Holbrook, LLC denies the allegations in paragraph 30 of the Amended
Complaint.
31. Don Allen Holbrook, LLC denies the allegations in paragraph 31 of the Amended
Complaint.
32. Don Allen Holbrook, LLC denies each and every allegation in the Amended
Complaint, but for the allegations specifically admitted to above.
AFFIRMATIVE DEFENSES
33. The City fails to state any claims in its Amended Complaint upon which relief can
be granted.
34. The City fails to state a claim for breach of contract in its Amended Complaint
because Don Allen Holbrook, LLC fulfilled all of its contractual obligations under the
Agreement between the parties to the best of its abilities given the material prior breach by the
City in its failure to perform under the express terms of the Agreement.
35. The City fails to state a claim for breach of contract in its Amended Complaint
against Don Allen Holbrook, LLC because the City is estopped by its own prior material breach
of the Agreement before any alleged or purported breach by Don Allen Holbrook, LLC, by
failing to meet its express contractual obligations, namely, that the scope or work “would require
the assistance of the City Staff and collaboration of the current developer to provide information
and collaborate on conceptual development strategies.” See Exhibit 1 to the Amended
Complaint.
36. The City fails to state a claim for breach of contract in its Amended Complaint by
failing to pay Don Allen Holbrook, LLC the third installment payment of $12,200.00 when due
as agreed upon in the Agreement and as authorized by the Resolution, and materially breached 8
the Agreement between the parties before the City alleges that Don Allen Holbrook, LLC
breached the Agreement.
37. The City fails to state a claim for breach of contract in its Amended Complaint by
requesting a refund of monies paid to Don Allen Holbrook, LLC when the express terms of the
Agreement include no provisions allowing for any refunds of payments made, thereby the City
materially breached the Agreement between the parties.
38. The City fails to state a claim for breach of contract in its Amended Complaint
because, upon information and belief, it appears that the City has wrongfully misappropriated
information that is confidential and/or constitutes trade secrets of Don Allen Holbrook, LLC
after the City failed to make full payment under the terms of the Agreement, thereby the City
materially breached the Agreement between the parties and has given such confidential
information and/or trade secrets to a third party and so is estopped from claiming any breach in
the first place.
39. The City fails to state a claim for breach of contract in its Amended Complaint
because it failed to fulfill its implied contractual duty of good faith and fair dealing with Don
Allen Holbrook, LLC.
40. The City is barred from alleging any tort claims against Don Allen Holbrook,
LLC because the City fails to allege that Don Allen Holbrook, LLC owed the City any duty of
care.
41. The City is barred from alleging any tort claims against Don Allen Holbrook,
LLC because the City fails to plead the material elements of its tort claims, including but not
limited to allegations that Don Allen Holbrook, LLC made alleged representations to anyone
with the City on August 16, 2011 or on November 2, 2011, when neither Don Allen Holbrook, 9
LLC nor Mr. Holbrook were in the State of Ohio on or about those dates or participated in any
meetings with anyone from the City by any means on or about those dates.
42. The City is barred from alleging a claim for fraudulent inducement because it fails
to plead fraud with particularity as required by Civ.R. 9(B) and is specifically barred because
neither Don Allen Holbrook, LLC nor Mr. Holbrook were in the State of Ohio on or about
August 16, 2011 or November 2, 2011 nor did Don Allen Holbrook, LLC or Mr. Holbrook
participate in any meetings with anyone from the City by any means on or about those dates.
43. The City is barred from alleging a claim for negligent misrepresentation because
it fails to allege any affirmative statement that was made by Don Allen Holbrook, LLC upon
which the City allegedly justifiably relied, fails to allege when such statement was said, fails to
allege to whom such statement was said, and fails to allege where such statement was said.
44. The City’s claims for breach of contract, fraudulent inducement, and negligent
misrepresentation constitute frivolous conduct under R.C. 2323.51(A)(2) because these claims (i)
obviously serve merely to harass or maliciously injure Don Allen Holbrook, LLC or are for
another improper purpose; (ii) they are not warranted under existing law, cannot be supported by
a good faith argument for an extension, modification, or reversal of existing law and cannot be
supported by a good faith argument for the establishment of new law; and/or (iii) the allegations
have no evidentiary support or, if so specifically identified, are not likely to have evidentiary
support after a reasonable opportunity for further investigation or discovery based on the facts
that (a) any material breach of the Agreement by the City preceded any alleged breach by Don
Allen Holbrook, LLC; and (b) neither Don Allen Holbrook, LLC nor Mr. Holbrook were in the
State of Ohio on or about August 16, 2011 or November 2, 2011; and therefore, that Don Allen
Holbrook, LLC will file a motion under R.C. 2323.51(B) seeking an award of all court costs, its 10
reasonable attorney’s fees, and all other reasonable expenses incurred in connection with this
civil action.
45. The City has failed to join necessary parties under Civ.R. 19 that, upon
information and belief, tortiously interfered with the Agreement between the parties.
46. Don Allen Holbrook, LLC reserves its rights to assert other affirmative defenses
that may become known through the course of discovery in this case.

COUNTERCLAIM AGAINST THE CITY OF HUBER HEIGHTS:
COUNT ONE: ANTICIPATORY BREACH OF CONTRACT
47. Pursuant to R.C. 2744.09(A), municipal corporations are liable in civil actions
that seek to recover damages for contractual liability.
48. Don Allen Holbrook, LLC proposed to perform work for the City, which the City
accepted by a Resolution on an “Emergency” basis (see Exhibit 2 attached to Amended
Complaint), adopted with a unanimous vote from the City Council, and which Agreement (see
Exhibit 1 attached to Amended Complaint), was accepted by and signed by the former City
Manager, Gary Adams.
49. The Resolution expressly states that the “City Manager is hereby authorized to
enter into an agreement with Don Allen Holbrook, LLC substantially in the form attached hereto
as Exhibit A (the “Agreement”) for an amount not to exceed $39,500.00 including expenses.”
See Exhibit 2 to the Amended Complaint.
50. The Resolution further states that the “City Manager is further authorized to
accept Addendum A of the Agreement regarding a retail competitive landscape analysis for an
additional amount not to exceed $26,500.00 including expenses.” See Exhibit 2 to the Amended
Complaint.
51. The Agreement states that 3 payments will be invoiced in a total amount of 11
$66,000.00, of which the City has only paid $53,800.00 leaving an outstanding balance of
$12,200.00 owed, thereby breaching the Agreement.
52. The Agreement expressly states that in order to perform an economic
development business case analysis in 4 to 6 weeks, it was necessary to require the assistance of
the City Staff and collaboration of the current developer to provide information and collaborate
on conceptual development strategies. See Exhibit 1 to the Amended Complaint.
53. The Agreement expressly states that the “recommended scope of work” included
an “independent SWOT analysis of the current project from a regional perspective and coupled
with City Council expectations for competing for future economic development growth.” See
Exhibit 1 to the Amended Complaint.
54. The Agreement states that the recommended scope of work . . . . would require
the assistance of the City Staff and collaboration of the current developer to provide information
and collaborate on conceptual development strategies.” See Exhibit 1 to the Amended
Complaint.
55. Contrary to this express statement in the Agreement, on or about January 11,
2012, Don Allen Holbrook, LLC had a meeting with the City Staff to discuss the scope of work
under the Agreement and was told by the City Staff not to talk to William Jump, a real estate
developer and owner of DEC Investment Group, which, upon information and belief, owns real
estate in Huber Heights, and not to worry about the developer review part of the Agreement,
but to focus on the entertainment, recreation, and leisure aspect to attract people to the City.
56. On or about January 24, 2012, Don Allen Holbrook, LLC, contacted Trisha
Reents, Economic Development Assistant with the City, by email dated, to discuss economic
development funding tools and concepts with her and also contacted Donnie Jones by email, the 12
Assistant City Manager, to get his input on various incentives and financing models.
57. On or about January 31, 2012, in a conference call with the City Staff, Don Allen
Holbrook, LLC discussed site requirements and the City Staff stated no disagreement with the
discussion during the conference call.
58. The former City Manager, Gary Adams, directed Ms. Reents to look for
alternative sites to Mr. Jump’s property and directed Mr. Jones to work with Don Allen
Holbrook, LLC on the incentives and financing models, which Mr. Jones stated he would do.
59. At a meeting on February 14, 2012, Don Allen Holbrook, LLC told the City Staff
that their collaboration and feedback was needed to run incentive and hybrid financing concepts.
60. In an email dated February 29, 2012 to Don Allen Holbrook, LLC, Mr. Adams
said that he had been contacted by a reporter in a city near Houston, Texas, asking if the City had
a contract with Don Allen Holbrook, LLC and Mr. Adams said that it was a “strange
conversation”, but that he was not concerned about it because it did not pertain to the City.
61. In an email dated March 1, 2012 from Don Allen Holbrook, LLC to Mr. Jones,
Don Allen Holbrook, LLC sought to open a discussion with Mr. Jones about finance models,
assumptions, approximate costs, and other factors to be considered for financing issues.
62. Don Allen Holbrook, LLC received no substantive response from Mr. Jones to
numerous phone calls and emails to address the economic business case analysis for the final
report.
63. On March 9, 2012, the Dayton Daily News published a story that on or about
March 16, 2012, Mr. Adams would resign as City Manager after only 10 months in that position.
64. Upon information and belief, on or before March 14, 2012, defamatory, untrue,
derogatory, and false postings from internet bloggers about Don Allen Holbrook, LLC were 13
distributed and circulated to the City Staff and members of the City Council without any notice
to Don Allen Holbrook, LLC.
65. At a meeting on March 14, 2012 between the City and Don Allen Holbrook, LLC,
Mark Campbell, a member of the City Council, said that the City no longer wanted a relationship
with Don Allen Holbrook, LLC, did not believe that the City had received any value for the
monies paid, and demanded a full refund of all monies paid.
66. At the meeting on March 14, 2012, Don Allen Holbrook, LLC, unaware of the
defamatory and derogatory material being circulated, immediately offered to address any specific
dissatisfaction and offered to provide additional information and clarification on the findings,
conclusions, and offered to provide next step recommendations within the original scope of work
to continue to move the project forward.
67. Mr. Campbell said again that the City wanted all of its money back without giving
Don Allen Holbrook, LLC any opportunity to remedy any alleged dissatisfaction, without any
specific explanation, and threatened to take legal action within 48 hours.
68. No one else from the City said anything during the meeting.
69. On or about March 15, 2012, it was learned from Mayor Ron Fisher that Acting
City Manager James Borland gave Mr. Campbell copies of internet research on Don Allen
Holbrook and that Mr. Campbell gave copies to Mayor Fisher.
70. Upon learning later that defamatory and derogatory internet postings may have
wrongfully contributed to the City’s change in position without notice to Don Allen Holbrook,
LLC, Don Allen Holbrook, LLC sent a litigation hold letter to counsel for the City and also made
a public records request of the City asking the right to inspect and make copies of any
documents: (1) relating to Don Allen Holbrook, LLC, Don Allen Holbrook, and/or to the 14
Economic Development Business Case Analysis performed by Don Allen Holbrook, LLC,
including all correspondence, electronic correspondence, documentation of conversations,
meetings, notes, memoranda or other written documentation; and (2) between any member of the
City Council, the City Manager, Donnie Jones, any staff person employed by the City in
connection with Don Allen Holbrook, LLC, Don Allen Holbrook, and/or the Economic
Development Business Case Analysis performed by Don Allen Holbrook, LLC.
71. Although the City provided Don Allen Holbrook, LLC with electronic copies of
documents purportedly responding to the public records request, the City failed to provide any
records relating to any contact by a reporter in a city near Houston, Texas, asking Mr. Adams if
the City had a contract with Don Allen Holbrook, LLC and failed to provide any records from
any internet sites or bloggers exchanged between members of the City Council, the City
Manager, Donnie Jones, or any staff person employed by the City relating to Don Allen
Holbrook, LLC, Don Allen Holbrook, and/or the Economic Development Business Case
Analysis performed by Don Allen Holbrook, LLC.
72. Only after the City filed this lawsuit and after Don Allen Holbrook, LLC made a
request for production of records, did the City produce a copy of an article downloaded from the
internet site of a Nevada community newspaper republishing allegations from a community
newspaper in Texas, known as The Tribune, about Don Holbrook and a project known as
EarthQuest, in New Caney, Texas, with yellow highlighting on parts of the text in the article
produced by the City.
73. Should it be learned through the course of these proceedings that the City
willfully withheld information that was the subject of a public records request or that the City has
spoliated or taken other steps to erase, delete, or hide evidence relating to any telephone calls 15
from the reporter or information from internet bloggers and websites, Don Allen Holbrook, LLC
will seek leave of this Court to supplement its Counterclaim to include a claim of spoliation of
evidence, punitive damages, and attorney’s fees and costs in this action.
74. As a direct result of the failure of Mr. Jones to respond to Don Allen Holbrook,
LLC’s email seeking input on financing models, as a direct result of Council Member Mark
Campbell demanding a refund of the first two installment payments, when no such language is
included in the Agreement, as a direct result of Mr. Campbell refusing to give Don Allen
Holbrook, LLC any opportunity to remedy any alleged dissatisfaction, as a direct result of Mr.
Campbell refusing to tell Don Allen Holbrook, LLC any basis for the City’s change in position,
and as a direct result of learning that the City performed internet research without giving Don
Allen Holbrook, LLC any opportunity to respond to anything alleged in the internet article, the
City breached the Agreement between the parties, injuring Don Allen Holbrook, LLC in the
minimum amount of $12,200.00 to be proven at trial.
COUNT TWO: DECLARATORY JUDGMENT TO PROTECT
TRADE SECRETS AND/OR CONFIDENTIAL INFORMATION
BELONGING TO DON ALLEN HOLBROOK, LLC
75. Don Allen Holbrook, LLC incorporates by this reference each and every
allegation in the preceding paragraphs as if fully rewritten.
76. Don Allen Holbrook, LLC undertook confidential development work with the
City relating to a current project in order to fully analyze the economic development incentives
currently in place and that could be enhanced to attract additional investments into the project
area. See Exhibit 1 to the Amended Complaint.
77. Exhibit 1 to the Amended Complaint expressly states that the “final analysis
would either recommend or not the expansion of the project to include further aesthetic and 16
thematic attraction components” that could be developed and presented as part of a major project
enhancement to the current development and the merits of utilizing a specific company for such
an undertaking and the associated process and timeline “for such a further engagement or not”.
See Exhibit 1 to the Amended Complaint.
78. An actual and justiciable controversy has arisen and now exists between the
parties concerning whether or not, if it is determined that Don Allen Holbrook, LLC has not
breached the Agreement and the City has breached the Agreement, if the City has any right to the
information in the report submitted to it by Don Allen Holbrook, LLC without the City making
the final payment, and whether or not the City has misappropriated confidential information
and/or trade secrets that it has acquired through improper means and that it may disclose or use
or may have already disclosed or used without the express permission of Don Allen Holbrook,
LLC, when such confidential information and/or trade secrets derive independent economic
value, actual or potential, from not being generally known or readily ascertainable by proper
means by other persons who can obtain economic value from its disclosure or use and that is the
subject of efforts by Don Allen Holbrook, LLC that are reasonable under the circumstances to
maintain its secrecy.
79. Upon information and belief, Don Allen Holbrook, LLC has reason to believe that
the City may have or has already used and/or disclosed the confidential information and/or trade
secrets in the report or may have or has plans to use and/or disclose the confidential information
and/or trade secrets with others for the City’s economic gain at the expense of Don Allen
Holbrook, LLC and at the expense of the reputation of Don Allen Holbrook, LLC based on an
article that appeared in the Dayton Daily News on Saturday, May 26, 2012, a copy of which is
attached hereto as Exhibit A, based on information appearing in the newspaper article about the 17
project “not [being] another Austin Landing or The Greene Towne Center” and including
“opportunities such as ‘themed dining’ and a resort-oriented hotel”, which were part of the report
that Don Allen Holbrook, LLC provided to the City and for which he has not been fully
compensated.
80. Upon information and belief, the City has used and/or disclosed the confidential
information without having paid Don Allen Holbrook, LLC according to the terms of the
Agreement, demands an accounting of all economic gains enjoyed by the City from any
misappropriated confidential information and/or trade secrets belonging to Don Allen Holbrook,
LLC, and as a direct result Don Allen Holbrook, LLC has been damaged in an amount that is
unknown at this time, but believed to be in excess of $25,000.00.
WHEREFORE, Don Allen Holbrook, LLC prays for the following:
a. Don Allen Holbrook, LLC asks this Court to dismiss the City’s Amended
Complaint with prejudice at its sole expense and to charge all costs to Plaintiff;
b. on its Counterclaim, Don Allen Holbrook, LLC asks this Court to grant judgment
in its favor that the City has breached the Agreement and owes the balance of the $12,200.00, per
the terms of the Agreement; further, Don Allen Holbrook, LLC asks this Court to require the
City to disclose how any and all confidential information and/or trade secrets that are the
property of Don Allen Holbrook, LLC have been used or disclosed, to whom it has been
disclosed, and to provide an accounting of all economic gains enjoyed by the City from any 18
misappropriated confidential information and/or trade secrets; for its attorney’s fees and costs;
and for such further legal and equitable relief as this Court deems just.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system on this 9th
day of October, 2012, upon the following:
L. Michael Bly, Esq.
Joshua M. Kin, Esq.
PICKREL, SCHAEFFER & EBELING CO.
2700 Kettering Tower
Dayton, OH 45423
Attorneys for Plaintiff
City of Huber Heights, Ohio
Adam R. Webber, Esq.
FALKE & DUNPHY, LLC
30 Wyoming Street
Dayton, OH 45409
Kevin W. Kita, Esq.
SUTTER O'CONNELL & FARCHIONE
1301 E. 9th Street
3600 Erieview Tower
Cleveland, OH 44114
Attorneys for Third-Party Defendant Heather
Dobrott and Cynthia Calvert, Individually and
as Editor, Publisher, Chief Executive Officer
The Tribune a.k.a. Ourtribune.com
Third-Party Defendant:
Frank Maurizio
581 China Street
Pahrump, NV 89048-0782
s/Sue Seeberger

Don Allen Holbrook's attorney wench is still over the edge with her latest response and amended counterclaim against Huber Heights :

.....60. In an email dated February 29, 2012 to Don Allen Holbrook, LLC, Mr. Adams said that he had been contacted by a reporter in a city near Houston, Texas, asking if the City had a contract with Don Allen Holbrook, LLC and Mr. Adams said that it was a “strange conversation”, but that he was not concerned about it because it did not pertain to the City....

If Craig Malisow and his paper the Houston Press are the lynchpin of the conspiracy theory and as she has claimed all along published defamatory statements over the phone, then why were Craig Malisow and the Houston Press dismissed from the lawsuit? My good man was obviously the only contact to the city at that juncture and very little was published by the other named parties.

The astute people with Huber Heights probably spent a few dollars and downloaded all those scathing articles I have shared from published in Red Wing and Wayne County, purchased stacks of court records from Holbrook's many suits and bankruptcies and gasp argh, Googled the clown.

Does that creep Holbrook really think he is going to be able to stop people from talking, researching and discussing his antics. One would think he learned his lesson after his last bitter and controversial departures from economic developer jobs.

64. Upon information and belief, on or before March 14, 2012, defamatory, untrue, derogatory, and false postings from internet bloggers about Don Allen Holbrook, LLC were distributed and circulated to the City Staff and members of the City Council without any notice to Don Allen Holbrook, LLC.

All the postings from the various named parties including the John and Jane Doe taxpayers being attacked by this creep are facts, truth and opinions. Holbrook has yet to find false statements of fact made by anyone. The fact Holbrook doesn't like what is said does not make the statements actionable. I can guarantee that Holbrook is going to go down in flames on these spurious arguments he and his attorney wench are making. I will not stand by while he tries to chill free speech. I will be blogging about whatever I wish and he won't be getting editorial approval, much less notice!

65. At a meeting on March 14, 2012 between the City and Don Allen Holbrook, LLC, Mark Campbell, a member of the City Council, said that the City no longer wanted a relationship with Don Allen Holbrook, LLC, did not believe that the City had received any value for the monies paid, and demanded a full refund of all monies paid.

The city's concluding they were ripped off has nothing to do with bloggers and journalists, who were publishing to the general public. It has to do with Holbrook's work product. Judging from his history this is certainly not a surprise!

66. At the meeting on March 14, 2012, Don Allen Holbrook, LLC, unaware of the
defamatory and derogatory material being circulated, immediately offered to address any specific dissatisfaction and offered to provide additional information and clarification on the findings, conclusions, and offered to provide next step recommendations within the original scope of work to continue to move the project forward.
67. Mr. Campbell said again that the City wanted all of its money back without giving
Don Allen Holbrook, LLC any opportunity to remedy any alleged dissatisfaction, without any
specific explanation, and threatened to take legal action within 48 hours.

Again, clown boy not liking what is said does not make it actionable. He had better find those false statements of fact he is basing this suit on or be prepared for this to blow up in his face!

72. Only after the City filed this lawsuit and after Don Allen Holbrook, LLC made a
request for production of records, did the City produce a copy of an article downloaded from the internet site of a Nevada community newspaper republishing allegations from a community newspaper in Texas, known as The Tribune, about Don Holbrook and a project known as EarthQuest, in New Caney, Texas, with yellow highlighting on parts of the text in the article produced by the City.

Why did Holbrook and his wench dismiss without the ability to refile against the Nevada paper (The Pahrump Valley Times) if they were the ones that published this stuff? If his case against them is so weak he dropped it before they could even answer, Holbrook must be terrified he will get a sound beating in court. Who files against numerous parties he will be forced to dismiss before they answer? What a complete clown!!!

It is time his legal adventures be put to an end and he face massive sanctions for abusing the court system. There are people that legitimately need legal help and here he is wasting the court's time with these ridiculous, garbage filings.

Soapboxmom

65. Has ANYONE Holbrook worked (lol) for, i.e. taxpayer(s) believed they've gotten thier moneys worth?

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CITY OF HUBER HEIGHTS OHIO,
Plaintiff,
-vs-
DON ALLEN HOLBROOK, L.L.C., et al.,
Defendants.
CASE NO. 2012 CV 02947
JUDGE MICHAEL L. TUCKER
FIAL PRETRIAL ORDER
Pursuant to the pretrial scheduling conference held in this case, it is hereby ORDERED that the
following deadline dates be established. Terms, conditions, and requirements regarding the established
deadlines are set forth in Rule 2.01, Section V.D.2. of the Local Rules of Practice and Procedures for the
General Division of the Montgomery County Common Pleas Court.
DISCOVERY DEADLINES:
November08, 2012 PLAINTIFF(S)
DISCLOSURE OF EXPERTS’ (PDE)
December 24, 2012 DEFENDANT(S)
DISCLOSURE OF EXPERTS (DDE)
April 22, 2013 COMPLETION OF ALL
DISCOVERY (COD)
April 22, 2013 FILING DEADLINE FOR
MOTIONS TO ADD A NECESSARY
PARTY (E.G. SUBROGATED INSURERS,
ETC.)
MOTIONS FOR SUMMARY JUDGMENT:
April 22, 2013 FILING DEADLINE (SJ)
RESPONSE FILED WITHIN 14 DAYS OF
MOVANT’S FILING
Montgomery County Common Pleas Court
General Division
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, October 15, 2012 4:49:25 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17604850
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2
MOVANT’S REPLIES FILED WITHIN 7
DAYS OF RESPONDENT’S FILING
February 19, 2013 DEADLINE FOR
FILING SETTLEMENT REPORT;
TRIAL MATERIALS EXCHANGE:
April 26, 2013 DEADLINE FOR TRIAL
MATERIALS EXCHANGE (DTME)
May 03, 2013 DEADLINE FOR
OBJECTIONS TO TRIAL
MATERIALS (DOTM)
May 03, 2013 DEADLINE FOR FILING
JOINT PRETRIAL STATEMENT (JPTS)
April 23, 2013 DEADLINE FOR FILING
DAUBERT CHALLENGES IS TEN
WORKING DAYS PRIOR TO FINAL
PRETRIAL CONFERENCE (DC)
PERPETUATION OF TRIAL TESTIMONY:
May 06, 2013 PLAINTIFF(S) DEADLINE
FOR TAKING OF PERPETUATION
DEPOSITIONS (PDPD)
May 13, 2013 DEFENDANT(S) DEADLINE
FOR TAKING OF PERPETUATION
DEPOSITIONS (DDPD)
May 16, 2013 DEADLINE FOR FILING OF
PERPETUATION DEPOSITIONS IS
THREE WORKING DAYS PRIOR TO
TRIAL (DPD)
May 10, 2013 FINAL PRETRIAL
CONFERENCE AT
4:00 pm IN CHAMBERS (FP)
WEEK OF May 20, 2013 AT 8:30 A.M.
JURY TRIAL (JT)
IT IS FURTHER ORDERED as follows:
FINAL PRETRIAL CONFERENCE
This case is scheduled for final chambers pretrial conference on May 10, 2013 at 4:00 pm.
FAILURE TO APPEAR AT THE FINAL PRETRIAL CONFERENCE OR TRIAL, OR
FAILURE TO HAVE A WELL INFORMED SUBSTITUTE AVAILABLE, WILL RESULT I 3
DISMISSAL OF THE ABSENT PARTIES' CLAIMS FOR FAILURE TO PROSECUTE UNDER
CIVIL RULE 41(B)(1), OR, IF APPROPRIATE, THE CASE WILL PROCEED WITHOUT THE
ABSENT PARTY OR COUNSEL. COUNSEL AD/OR PARTIES WHO FAIL TO APPEAR MAY
ALSO BE SUBJECT TO OTHER APPROPRIATE SANCTIONS.
TRIAL DATE
This case is scheduled for a jury trial for the week of May 20, 2013 at 8:30 a.m. on a specific date
determined by the Court. Jury lists and jury questionnaires will be available to counsel in Jury Services after
2:00 p.m. on the Friday prior to the trial date. For possible early procurement of the list and questionnaires,
please call 225-4704.
SO ORDERED:
JUDGE MICHAEL L. TUCKER
This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the
filing to the e-Filing account "Notifications" tab of the following case participants:
L. MICHAEL BLY
(937) 223-1130
Attorney for Plaintiff, City Of Huber Heights Ohio
SUE SEEBERGER
(937) 291-8646
Attorney for 3rd Party Plaintiff/Defendant, Don Allen Holbrook LLC
KEVIN WILLIAM KITA
(216) 928-2200
Attorney for 3rd Party Defendant, Heather Dobrott
ADAM R WEBBER
(937) 222-3000
Attorney for 3rd Party Defendant, Heather Dobrott
ANDREW J REITZ
(937) 227-3716
Attorney for 3rd Party Defendant, Craig Malisow, Houston Press, and Pahrump Valley Times
ROBERT P BARTLETT
(937) 227-3707
Attorney for 3rd Party Defendant, Craig Malisow, Houston Press, and Pahrump Valley Times
FRANK MAURIZIO
(775) 209-5898
Attorney for 3rd Party Defendant, Frank Maurizio
ANN M. SCOTT, Bailiff (937) 225-4448
Copies of this document were sent to all parties listed below by ordinary mail:
CYNTHIA CALVERT, INDIVIDUAL
1036 FIRST ST SUITE C
HUMBLE, TX 77338
3rd Party Defendant 4
CYNTHIA CALVERT EDITOR PUBLISHER CHIEF EXECUTIVE OFFICER
THE TRIBUNE
1036 FIRST ST SUITE C
HUMBLE, TX 77338
3rd Party Defendant
TRIBUNE
1036 FIRST ST - SUITE C
HUMBLE, TX 77338
3rd Party Defendant
JOHN AND OR JANE DOES
UNKNOWN ADDRESSES
DAYTON, OH 45422
3rd Party Defendant
DOE INC AND OR DOE LLC
UNKNOWN ADDRESSES
DAYTON, OH 45422
3rd Party Defendant General Division
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422
Case Title: CITY OF HUBER HEIGHTS OHIO vs DON ALLEN
HOLBROOK LLC
Case Number: 2012 CV 02947
Type: Final Pretrial Order
So Ordered
Michael L. Tucker
Electronically signed by mtucker on 2012-10-15 page 5 of 5

3 of these defendants have been dismissed by that chicken Holbrook and the rest of us are likely to be out once the judge makes his rulings on a slew of motions. Has Holbrook come out of his coma and realized what is coming? He will be spending tens of thousands of dollars over the next months fighting this case and in the public eye to boot! All of the discovery required will be voluminous and I could have a front row seat! Just think of the juicy stuff to come!

Soapboxmom

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BankCashNow --- 22 hours ago - quote - hide comments Hello Texans,

I have been following this Holbrook vs Dobrott case and will be reporting on it soon at my site. Both have ethics issues, but it appears that Heather Dobrott is committing many illegal cyber acts. So I believe Don Holbrook will win this case as well as the one he is filing in Texas very soon my investigation has revealed.

See you on the right side. KU Live!

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Don Allen Holbrook has the scammer / spammers cheering him on. What a boost for his reputation that will be!!!! Just Google this guys phone # and get ready for a laugh!!!

Soapboxmom

BankCashNow --- 9 min ago - quote - hide comments problems without the scammer / spammers jumping to his defense!


Be Careful Soapbox, I don't appreciate being labeled a scammer by you and will be sending your comments to the local Sheriff as well as my attorney.

I may even pay you a visit. Your work as caused many suicides and hurt people financially and emotionally.

You're as bad as some of the people you chase and harass. This is what happens from people like your kind.
B.C. victim of cyber-bullying commits suicide - thestar.com

BankCashNow --- 15 min ago - quote - hide comments CashDude is the braintrust of the century.

Here you go again attacking another forum member with insults I guess the admin will warn you again or ban you. I wonder how the Ohio Judge will feel when he sees another lawsuit against you here in Texas that i am going to file

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---

This message was sent to you at soapboxmom@hotmail.com regarding: Daily-Pay-Secret Message Sender Info: MARTIN WILSON ( Martin@DailyPaySecret.com ) Martin Wilson | 2300 McDermott #200-325 | Plano, TX | 75025 | United States

What an honor for Mr. Wilson. His threats earned him his own thread!!!

http://www.realscam.com/f11/martin-w...ret-more-1683/

Doesn't Don Holbrook attract just the most charming folks!!!!

Soapboxmom

BankCashNow --- 11 min ago - quote - hide comments Perhaps, the Harvard Law Site will clarify a few things for you.


Your dreams mean nothing and I have done my research. I even have a picture of your home if you want to call it that. The young woman you caused to take her life is the reason why people like you need to be penalized. local, state and federal authorities think you're a sick person. Mr Holbrook should prevail and embarrass you publicly. Any viewers here can voice their opinion about Heather Dolbrott in the comments section of the many stories online of this tragic suicide caused by internet bullies like Heather and others she works with.

Originally Posted by Soapboxmom

BankCashNow --- 9 min ago - quote - hide comments problems without the scammer / spammers jumping to his defense!


Be Careful Soapbox, I don't appreciate being labeled a scammer by you and will be sending your comments to the local Sheriff as well as my attorney.

I may even pay you a visit. Your work as caused many suicides and hurt people financially and emotionally.

You're as bad as some of the people you chase and harass. This is what happens from people like your kind.
B.C. victim of cyber-bullying commits suicide - thestar.com

Like to see proof of that lie.

Originally Posted by Soapboxmom

BankCashNow --- 15 min ago - quote - hide comments CashDude is the braintrust of the century.

Here you go again attacking another forum member with insults I guess the admin will warn you again or ban you. I wonder how the Ohio Judge will feel when he sees another lawsuit against you here in Texas that i am going to file

How does he know you have been warned at all?
Why isn't it done already? By both cowardly parties?

Originally Posted by Soapboxmom

BankCashNow --- 11 min ago - quote - hide comments Perhaps, the Harvard Law Site will clarify a few things for you.


Your dreams mean nothing and I have done my research. I even have a picture of your home if you want to call it that. The young woman you caused to take her life is the reason why people like you need to be penalized. local, state and federal authorities think you're a sick person. Mr Holbrook should prevail and embarrass you publicly. Any viewers here can voice their opinion about Heather Dolbrott in the comments section of the many stories online of this tragic suicide caused by internet bullies like Heather and others she works with.

*yawn* these guys need a new schtick. When is this 'embarrassing' going to actually happen? Hope he brings the proof you 'made' someone commit suicide to court.

Hey SBM,
This guy Martin Wilson looks like another scammer like blowfish holbrook. By the way, the Town and County went forward with the Front site deal.

Developers for EarthQuest, Friendswood progress with plans
www.yourhoustonnews.com
The sign displaying the design plans for the highly contested EarthQuest Park near Roman Forest Blvd. has faded such as the community’s hope for the park to come to fruition.


201Like · · Share

• Tony Reyna likes this.
• 
  Mike Anderson Some positive signs of progress for EarthQuest. These statements give me more hope. - In regards to financing for EarthQuest, they are in a better economic climate than they were a year ago which is also a favorable step for the project. “We are moving forward and are excited the reality of things finally progressing. Once we gain site control, we will go from there,” Brown said.
  June 19 at 10:05am · Like
• 
  Michael Mahle kinda sounds like they are trying to get it financed by getting another feasibility study done. Maybe they are looking at owning it all in the long run. Would also look good to investors as well. Either way it looks as if they are willing to put up their own money to get it going. Thats always a good sign. Sounds more and more like its gonna be built rather than not.
  June 20 at 7:33pm via mobile · Like
• 
  Mike Anderson It's definitely a step in the right direction. Anything could still happen, but the best thing this project has going for it is that there is still a bunch of people relentlessly pushing it along. Despite all the recent negative publicity and a rather vocal, misguided group of internet people ready to abandon ship, a core group of experienced business professionals seem determined to see this thru to completion come hell or high water. I support them 100%.
  June 21 at 9:25am · Like
• 
  Michael Mahle Once the park gets built noone will realy care how it got done. All the millions of people coming to it will have never have even heard of the haters. Their time on this is coming to an end and they are just gonna have to find something else to hate on. Or as they would call it looking out for our best interests.lol im glad to see that chris brown and frank mccrady have some backbone. The haters try to pump people up to do their dirty work. If they didnt come accross as so bitter and hatefull more people might actualy buy into what they are selling.
  June 21 at 11:15am via mobile · Like · 1
• 
  Michael Mahle contour has been granted 90 days to come up with a good business plan. If they dont then front site is next in line to put a gun range there.
  June 25 at 2:48pm via mobile · Like
• 
  Michael Mahle sounds like contour has been given all the rites they were looking for. Woohoo! Chris brown was said to be excited to finaly be able to move foward with the project.
  June 25 at 2:51pm via mobile · Like
• 
  Mike Anderson Michael, where did you hear this news. Can you post any links? Thanks.
  June 25 at 4:23pm · Like
• 
  Mike Anderson Forced to retire, EMCID board passes payments, proposals before losing seats - Monday, June 25, 2012 - Copyright 2007 Ourtribune.com I found the link.Forced to retire, EMCID board passes payments, proposals before losing seats - Monday, June 25, 2012
  ourtribune.comThe Tribune is a locally owned weekly newspaper for the Atascosita, Humble and Kingwood Texas area.
  
  
  
  
  
  
  June 25 at 5:14pm · Like
• 
  Mike Anderson “The three biggest obstacles we’ve had so far are site control, option control and intellectual property,” said Brown while speaking to the board. “We’ve finally managed to handle all of these, so we’re excited to finally move forward.” Brown made very few references to EarthQuest’s financing during the meeting.
  June 25 at 5:27pm · Like
• 
  Michael Mahle thanks for posting that mike. Im not sure how to post them. I dont think sbm has posted it yet but when she does i have a feeling she will put a negative spin on it. Sounds like the board and contour narrowly dodged a bullet and now have a real chance at getting it done.
  June 25 at 6:14pm via mobile · Like
• 
  Michael Mahle It amazes me that some people gripe about the park not getting built but they are the same ones who are trying their best to make sure it doesnt. Doesnt make one bit of sense to me.
  June 25 at 6:18pm via mobile · Like
• 
  Mike Anderson Some of those comments on the other FB are downright stupid. It's like no one took the time to read any of the articles but just had to comment anyway. The last couple of articles to come out have CLEARLY indicated that the park is moving forward, yet all I see (besides Michael's postings) is people crying that the park will never be built. It's like the twilight zone over there. I guess that is what you get when a project FB page is run by someone who DOESN'T want the project to happen. That in itself is about as weird as it gets. One of the things I will be really looking forward to if the project ever breaks ground is an OFFICIAL FB page run by the project developers - like the Pleasure Pier FB page is. Then you would be getting official updates by people who really know what's going on.
  June 26 at 1:55pm · Like
• 
  Michael Mahle Yea their a bit cookoo over there on the other site. Sbm wrote something about there being fireworks and i dont think she meant for the grand opening of the park although maybe she should have. I dont think any of them even take the time to read the articles. I think they just go along and believe what she tells them. So sad that propaganda feeds on the weak minded.
  June 26 at 11:55pm via mobile · Like · 1
• 
  John Fleming What's the updates this summer?
  July 7 at 7:08pm · Like
• 
  Michael Mahle I went to last nights e.m.c.i.d. Metting and nothing was discussed about eartquest so i take it as no news is good news. I will try to go to the next two monthly meetings. Should find out something then. Seemed like alot of tension between the new and old board members.
  July 13 at 11:22am via mobile · Like · 3
• 
  Mike Anderson Thank you for the update Michael.
  July 13 at 12:15pm · Like · 1
• 
  Tony Reyna Yes thanks for the update
  July 13 at 1:06pm via mobile · Like
• 
  Michael Mahle still not a word on the park yet. Man the suspense is killing me.lol no updates on the other site other than about holbrook.
  August 9 at 11:05pm via mobile · Like
• 
  John Fleming What's the meaning on Raised over Economics?
  August 11 at 10:21am · Like
• 
  John Fleming Anything in particular, there hasn't been any updates of this since end of july barely!
  September 9 at 12:11pm · Like

• This is from the Earthquest page on Facebook that I do not own and control. It has a whopping 10 likes mind you and basically no traffic. Notice after the FBI started investigating (and many of us in the know were biting our tongues until the Tribune made it public) is around the time Mike Anderson fell silent. He hasn't posted since July.
  
  Frank McCrady is a total bumpkin and is desperately hoping Chris Brown of Contour Entertainment will magically get this dino disaster funded. Of course, the Earthquest models are in the cases and all talk about this has virtually ended as the FBI and other authorities are currently looking into this. Why would any investor touch this with a ten foot pole? Imagine the possibility that Don Holbrook will be raising hell and filing suit to get more money out of this if anyone with any money should step forward. What a circus!!!
  
  Soapboxmom

EarthQuest

May 7



Don Lessum wrote this at the Houston Press comments page. - The last part is VERY encouraging!
As the creator EarthQuest sustainability theme park, and the knucklehead whose misadventures start off this very-well written piece on the many problems afflicting the park, I did want to make clear the distinction betw
een those project-stalling actions that were numb-skulled or self-serving, and those that may have been criminal.
There's been way too much blustering and stone-walling going on from the project principals and employees, which doesn't help clarify matters. But in short, some of us were simply misguided and have nothing to show for it - I'd include myself and science advisor Dr. Matt Gardner among those. Many others made a lot of money and delivered nothing. East Montgomery County's development organization spent a lot of taxpayer money without doing proper homework on the project team. Don Holbrook, the economic developer whose record is questioned here, made a good deal of money and is owed more, but actually did his job of getting the government interested in supporting the project very well. So by the standards of that profession, he is entitled to what he earned.
The rest of us, taxpayers and myself included, are still hoping this all pans out.
But the developers, Marlin/Atlantis may have criminally misrepresented their ownership of the land, and misappropriated bond funds from County citizens. I'm hoping that continued investigative sleuthing and perhaps government investigation will bring answers to what became of that money.
Meanwhile, oddly enough, the EarthQuest project is in a better place than it ever was. The company purchasing the land from Marlin/Atlantis is apparently open to supporting the project and the concept developers at Contour Entertainment are honestly trying to broker a funding deal from investors internationally. I wish them luck and I wish some good news for us all.





1015Like · · Share

• 5 people like this.
• 
  Mike Anderson EarthQuest is in a better place than it ever was? That really does sound encouraging coming from Don Lessum. I am glad to hear that the company purchasing the land (I guess he is referring to Lennar) is open to supporting the project.
  May 7 at 2:45pm · Like · 1
• 
  John Fleming I hope so, & what do mean by lennar, & what's is it about?
  May 7 at 6:39pm · Like
• 
  Mike Anderson Supposedly, Lennar Homes, a home builder won the right to purchase the land that EQ will be built on. Don Lessum wrote in his comment on the Houston Press message board that Lennar Homes is open to supporting the concept. My guess is that Lennar Homes will build homes on the land east of HWY 59 and eventually allow Contour to purchase the land West of 59 where the park will be. If you look at the original master plan almost all the property east of 59 was always planned to be environmental friendly housing and retail development. Frank McCrady said in a few months ago that he expected a different home builder (D.R. Horton) to close on the property, but that there was going to be a special provision that would allow the west side of the property to be sold to Contour to develop the theme park. I am glad to hear that the company that will actually purchase the land from Marlin/Atlantis is open to supporting EQ.
  May 7 at 7:48pm · Like · 1
• 
  John Fleming If not, where will earthquest go, or happen?
  May 7 at 9:54pm · Like · 1
• 
  Mike Anderson I read in an article a few months ago that Contour Entertainment's first choice was the land that Marlin/Atlantis will be turning over to Lennar, BUT if it could not be attained, there were several other nearby tracts of land they were looking at. They did not say where those other tracts of land are. Everything is very much up in the air right now. Some people think there is no hope at all that this project will happen, but I am NOT one of them. I think if you look hard enough, read every article available, follow various internet discussion boards and are able to keep the FACTS separated from OPINIONS, you can get enough information that indicates that there is still a strong effort to get this park built.
  May 7 at 10:02pm · Like · 1
• 
  James Martin This is really interesting. I hope it all works out. I want this park to be built.
  May 8 at 5:36pm · Like
• 
  Michael Mahle thats great to hear! Bad press was making it seem like it was doomed. Guess they have their own agenda. As best i can recall the land wouldnt be available for actual purchase until sometime in june due to bankruptcy so hopefully by then someone will have a more definative plan of action.
  May 8 at 8:28pm via mobile · Like
• 
  Mike Anderson I think it could go either way. But it is too early to give up on this project. Every time anyone associated with EQ speaks about the project, they talk as if the project is still moving forward. The ones who keep saying that the project will never be built are always people who have never actually worked on the project. I think it is a good sign when people who are associated with the project still think it there is a good chance that the project will be built.
  May 8 at 8:53pm · Like · 3
• 
  Michael Mahle Just hope that the potential investers know that the majority of citizens support it and dont get scared away by the naysayers tactics of trying to stir up bad press and give the illusion that the public is against it. Seems like the other sites that use the name of the park are against it rather than for it.
  May 8 at 9:18pm via mobile · Like · 1
• 
  Mike Anderson The EarthQuest Adventures Houston face book page is now controlled by a woman who has always spoken against the project. It is controlled by someone named 'soapboxmom' on many other forums discussing the park. I have heard her call the project 'stupid' and a waste of money. She took over that page from the person who started it, because he lost interest. Now that page is nothing but her own personal war with Don Holbrook who is one of the developers. It is not really about earthquest anymore. Every time I would write a post in favor of the park and pointing out reasons and quotes from developers saying the park was moving forward she would delete it. So I will only post on this Earthquest page now.
  May 8 at 9:54pm · Like · 1
• 
  John Fleming So it's about the more files of millions of dollars, bankruptcy notes, & all it talks about is scam!
  May 9 at 6:30am · Like · 1
• 
  Tony Reyna So what chance do we see this park being built.
  May 15 at 8:27pm via mobile · Like

Lessem may not have checked out Holbrook very carefully. Judging from Holbrook's firings amid great controversy and rather spotty history as far as the projects (remember the 100s of successful projects and 50,000 jobs he claims he created, but won't verify), Lessem may be giving him too much credit.

I have never been against the park. I am against tax dollars being wasted. The original interactive dino museum, IMAX theater and dino dig etc. planned by Don Lessem was reasonable. The blown up Holbrook creation that is now on paper and models in travel cases has never passed the sniff test. The taxpayers were taking tremendous risk in a deal that never had any serious investors lined up before millions of dollars were blown.

Of course, these project supporters that were vigorously attacking me for asking questions and exposing the problems with this deal have fallen silent. The numerous law enforcement agencies poking around is certainly due to more than my skepticism!

Soapboxmom