48.
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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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 next step recommendations within the original scope of work to continue to
move the project forward.
55. 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.
56. No one else from the City said anything during the meeting.
57. 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
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.
58. 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.
59. 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
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.
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Originally Posted by pantherdadX2
Don Holbrook @9thTemplar 
Don Holbrook @9thTemplar
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