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Legal claims in ORU case going forward
By APRIL MARCISZEWSKI World Staff Writer
Published:
4/2/2008 2:50 AM
Last Modified: 4/2/2008 2:50 AM
See more coverage of the ORU lawsuit, other documents, slide shows and videos:
www.tulsaworld.com/orulawsuit
At a hearing, the judge said she will review requested documents.
Most legal claims in a lawsuit against Oral Roberts University are going forward, a judge decided Tuesday.
Tulsa County District Judge Rebecca Brett Nightingale also said she will review documents requested by the former professors who sued before distributing them to those involved in the lawsuit.
Nightingale considered several requests by ORU and other defendants, including three requests to dismiss the lawsuit, during the case's second court hearing.
Former ORU professors Tim and Paulita Brooker -- along with professor John Swails, who settled his portion of the case in January -- first filed the lawsuit in October, claiming that they had wrongfully lost their jobs.
In November, the Brookers subpoenaed Sam Douglass, a pilot, for aircraft records involving ORU and the Oral Roberts Evangelistic Association; Jerry Isaacs, ORU's security director, for records of who entered the on-campus presidential housing compound; and Lee Belmonte, a private investigator, for documents and materials related to a report of the president's family's alleged wrongdoing.
The Brookers allege that they lost their jobs because they turned over the report to ORU leaders.
Nightingale stopped the subpoena against Belmonte, saying, "The truth of that report is completely irrelevant as to what the plaintiffs are required to prove."
The judge allowed the other subpoenas to go forward and scheduled the documents to be due to her by April 16.
She will scan them and then pass along relevant documents to those involved in the lawsuit. The lawyers will mark documents, such as tax re turns, financial information and personnel and medical records, as confidential and make the remaining documents public.
Paul Boudreaux, an attorney for the Brookers, said the information about who entered the Roberts' compound and who flew on the ORU plane could support the Brookers' claim that there was a conspiracy against them.
Claims
dismissed
:
Also Tuesday, Nightingale dismissed breach-of-contract claims against former ORU President Richard Roberts and ORU administrators Wendy Shirk and Jeff Ogle because, she said, any actions those officials would have taken would have been as ORU or Oral Roberts Evangelistic Association employees.
ORU and the evangelistic association employed the Brookers, not the administrators as individuals, she said.
Breach-of-contract claims against ORU and the Oral Roberts Evangelistic Association are going forward.
Nightingale dismissed claims that ORU and the Oral Roberts Evangelistic Association allegedly interfered with the Brookers' contracts because organizations cannot interfere with contracts of which they are a part. Interference claims continue against Roberts, Shirk and Ogle.
Nightingale dismissed legal claims of libel against all of the defendants. She also dismissed Oral Roberts Ministries as a defendant. She agreed with defense lawyers that Oral Roberts Ministries is a trade name for the Oral Roberts Evangelistic Association and cannot be sued. The evangelistic association, however, is still a defendant.
April Marciszewski 581-8475
april.marciszewski@tulsaworld.com
By APRIL MARCISZEWSKI World Staff Writer
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85
comments have been made on this story so far. Tell us what you think below!
Reporting Comments
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, please help us by clicking the "Report this Comment" link next to a comment. That will alert the web staff to review the comment. Thank you. --
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Report Comment
Eleanor
, (4/2/2008 8:42:43 AM)
"Nightingale stopped the subpoena against Belmonte, saying, "The truth of that report is completely irrelevant as to what the plaintiffs are required to prove."
^^^^^^^^
This makes total sense to me.
Report Comment
SRV
, (4/2/2008 9:50:23 AM)
Sam Kinison would have had a field day with this mess! Sam, we miss ya!
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 10:09:27 AM)
Sam Kinnison's parents were the pastors of Beams of Light Tabernacle, now called "Beams of Light Family Church."
--
I did not care for him; but, he was very much like Dan "Larry the Cable Guy" Whitney is of today. Whitney makes fun of Christians although his family were Christians. When he makes fun of Christians, he stupidly/ignorantly adds, "Lord, I apologize for that." One does not apologize for something rehearsed in advance.
--
Speaking of Whitney, while he was raised on a farm, he is not a Southeastern USA redneck because he is from Iowa.
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 10:19:59 AM)
It is interesting for the past several decades, ORU's security directors have been members of local Assemblies of God and also plain clothes detectives with the Tulsa Police Department.
--
While I only saw Jerry Isaacs at the AG where I was a member for several years before moving to California, I knew Larry Johnson and his family also since they were members of the AG I attended before I went to ORU and had originally became a member of in 1960.
--
Johnson, in his judgmental mind, had every person whom he arrested, already convicted, sentenced to prison or to death before they had even gone to trial. He did not care if the actual evidence proved otherwise; he already had his mind made up.
--
His younger brother, John, is an ORU graduate and his mother was an employee of OREA in the Prayer Tower for a very long time.
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 10:30:10 AM)
I hope that as a result of the trial that the current ORU Board of Trustees stop Richard and Lindsay Roberts from even using ORU's TV production facilities, its local TV station (KGEB) and the cable netword, Golden Eagle Broadcasting for their fundraising.
--
I seriously doubt if the Robertses have even told their listeners that they are no longer a part of ORU and the Prayer Tower is not their property either. But, they still use the ORU Prayer Tower Logo constantly in the lower left hand corner of the screen for the fund-raising broadcasts.
Report Comment
dtaylor
, (4/2/2008 11:32:12 AM)
Shed some light on this for us, please.
Those in the know.
This is looking like a systematic breakdown.
Report Comment
dtaylor
, (4/2/2008 11:34:04 AM)
Is this coming down to massive leakage?
Or can that be stopped as well?
Report Comment
SRV
, (4/2/2008 12:09:04 PM)
#6: Sam was one of the funniest comedians ever. I appreciated his humor when it came to religion. I and many miss him dearly.
Report Comment
Whodat
, (4/2/2008 12:43:17 PM)
Now that the personal breach of contract claims against RR, Ogle and Shirk have been dismissed, this case is now ripe for settlement. The only deep-pocket defendant left is ORU/OREA. Look for the case to settle after the discovery is exchanged. Both sides will be able to assess the strength of their potential proofs and should be able to start serious financial discussions.
Report Comment
Eleanor
, (4/2/2008 1:04:45 PM)
I agree with the comments in # 12. The chance of a "wrongful termination" suit actually spending time in court is about 1 in a million. The most that anyone gets in that type of case is 1 year's salary, & even that is considered an extremely good award.
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 1:05:06 PM)
Only folks who do not like Jesus the Christ think the anti-Christ and anti-Christian jokes are funny.
--
Sam Kinnison was a back-slidden hypocrite.
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 1:09:12 PM)
Oh, it is okay to make fun of people's religious traditions which are not even supported by the scriptures. The "Word of Faith" name it and claim it doctrine preached by Richard and Lindsay Roberts is not supported by the Scriptures.
--
Mr. and Mrs. Richard Roberts are guilty of misusing funds which were supposed to have gone to ORU and not their own pockets nor to support their rich lifestyles.
Report Comment
John
, Broken Arrow (4/2/2008 1:45:36 PM)
If all that was offered was one year's salary to settle I would let it go to trial and let the jury decide. This is big business against two innocent individuals. Juries tend to think in seven figures, and if they believe the act was instigated by a corrupt religious figure there is more chance they will price it into the millions. If it goes to trial ORU also runs the risk that there are a couple of anti-ORU, or anti-fundamentalist hidden away on the jury, and ready to make a statement. I think this will settle for significant dollars.
Report Comment
Joe-Allen Doty
, Tulsa, OK (4/2/2008 2:06:38 PM)
Since Oral Roberts University is no longer under the control of the Oral Roberts Evangelistic Association, the re-organized ORU with Mart Green as the Chair of the Board of Trustees, should not be involved in the lawsuit.
--
Only those who were involved with ORU and OREA before ORU changes were made should be named in the lawsuit. That includes each and everyone of the members of the now-defunct ORU Board of Regents who allowed Richard and Lindsay Roberts to get ORU in debt.
--
Former board regents, Kenneth Copeland and George Pearsons, his son-in-law, are still in unresolved trouble with the United States Government.
Report Comment
CM
, Tulsa (4/2/2008 3:12:36 PM)
15. 4/2/2008 1:09:12 PM, Joe-Allen Doty, Tulsa, OK
The "Word of Faith" name it and claim it doctrine preached by Richard and Lindsay Roberts is not supported by the Scriptures.
________________________________________________-
Hahahaha...You wish! Please do take the time to study all the scriptures related to calling those things that be not as though they were ...and life and death being in the power of the tongue. You will be shocked that you have actually prophesied the negative things of your life into existence. Believe that or not, that is your choice.
Luv,
Mom
Report Comment
Eleanor
, (4/2/2008 3:26:20 PM)
Joe Allen, you say in #17, that some are in trouble with the US Gov't. Don't you think that senator should also look into Barack Obama's preacher, Rev. Wright? The tapes of many of his sermons' preaching politics & regarding candidates, whether they are any good or not, was preached from his pulpit on Sunday mornings. It's a very serious problem, also, & not allowed for non profit churches.
Report Comment
dtaylor
, (4/2/2008 3:38:06 PM)
12. 4/2/2008 12:43:17 PM, Whodat
Beautimous.
Report Comment
Sam
, Dirksville, TX (4/2/2008 3:44:09 PM)
Raw eggs make a very poor packing material
Report Comment
Brilliant Sam, Podunk
, (4/2/2008 3:48:56 PM)
Should we be taking notes?
Report Comment
Capt. Kirk,Sanctitude,OK
, (4/2/2008 4:00:11 PM)
Huevos Rancheros slide down rather easy.
Report Comment
Bobby, Dallas TX
, (4/2/2008 4:05:35 PM)
If you're going to San Francisco,
be sure to wear a flower in your hair.
Report Comment
Fifty Dollar Fine
, (4/2/2008 4:20:50 PM)
" Nightingale dismissed legal claims of libel against all of the defendants. She also dismissed Oral Roberts Ministries as a defendant. She agreed with defense lawyers that Oral Roberts Ministries is a trade name for the Oral Roberts Evangelistic Association and cannot be sued. The evangelistic association, however, is still a defendant. "
This paragraph is music to the ears.
Now watch all the hayseeds cry "activist judges!!"
Report Comment
Fifty Dollar Fine
, (4/2/2008 4:24:44 PM)
#18 CM - "Please do take the time to study all the scriptures related to calling those things that be not as though they were ...and life and death being in the power of the tongue. You will be shocked that you have actually prophesied the negative things of your life into existence."
You ought to know about "calling things that be not as though they were"...why do you and your little "prayer warrior" gossip site post libel about people, under the guise of praying for them?
You know what I'm talking about. Don't make me have to post a public correction to the numerous lies you "prayer warriors"/liars posted about me over there.
Report Comment
Fifty Dollar Fine
, (4/2/2008 5:03:48 PM)
#19 Rumor monger - "The tapes of many of his sermons' preaching politics & regarding candidates, whether they are any good or not, was preached from his pulpit on Sunday mornings."
How many of those tapes have you seen?
Report Comment
Eleanor
, (4/2/2008 5:23:21 PM)
Fifty Dollar Fine, I have seen two of them. One was from December, 2007.
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