TAWAS CITY – On Tuesday, Dec. 23, 2025, a pre-trial hearing was held via video conferencing at the Iosco County 81st District Court in Tawas City. Participants in the hearing included the defendants, Laurie and Roger Rice, who own the AuSable River Queen; Alcona County Probate Judge Laura A. Frawley; and Consumers Energy (CE) Attorney Daniel El-Sibai.
(Courthouse staff explain that Frawley was the judge drawn pursuant to the local administrative order regarding civil cases, for which 50% are assigned to the circuit court judge, and 50% to the Alcona County probate judge).
The case involves work authorized and performed by CE, following the sinking of the AuSable River Queen in Foote Site Pond on March 11, 2025 – which has been reported on previously in this publication – and the daily costs associated with the removal of the vessel from the pond through March 20, 2025, as well as its subsequent removal from Foote Site Park on July 31, 2025.
According to CE Media Relationship Specialist Brian Wheeler, the company filed the case to recover costs related to the AuSable River Queen, “so that Consumers Energy customers aren’t financially responsible.
“The EPA [U.S. Environmental Protection Agency] had responded to the site and required Consumers Energy to support the cleanup to prevent any further environmental harm,” he explained. “These costs were for the vessel’s removal so that additional environmental harm was prevented.”
The Rices were representing themselves at the recent hearing, without legal counsel. Frawley informed the defendants that because the action against them involves the AuSable River Queen as a corporation, “the state of law is that a corporation cannot be represented by a non-attorney.”
Frawley added that the pre-trial motion by El-Sibai asked the court to reject what the Rices submitted as answers to the case, and to issue a default judgment.
Frawley asked L. Rice if she understood the implications of a default judgment, to which she answered affirmatively.
L. Rice then asked the judge for more time to secure legal counsel. According to L. Rice, she has had a very difficult time finding an attorney who does not have a relationship with CE, but did find one who might represent her.
She stated that the potential attorney’s current schedule conflicted with the timing of the pre-trial hearing, and asked for more time to meet with prospective legal counsel after the holidays, in order to provide discovery information crucial to her case.
El-Sibai stated that he was amenable to L. Rice’s request but asked for a default ruling now, to keep the case moving forward.
Frawley replied that she would delay the motion until Jan. 5, 2026, at 2:30 p.m., to give the Rices an opportunity to secure legal counsel. She emphasized to L. Rice the importance of having legal counsel present at the Jan. 5 meeting.
During the December hearing, El-Sibai also asked if Frawley was going to set a scheduling order that day. The judge responded that she would discuss that matter when they reconvene in January.
Total costs associated with the case were to be presented and discussed, as well, at the hearing which was set for this Monday. (Given that it was scheduled after this week’s publication went to print, more details will be provided in a future edition).
https://www.iosconews.com/oscoda_press/news/article_ae71663f-a9f0-413a-ac9b-8e79027fdd45.html
