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Lawyer: No settlement talks in ORU lawsuit
 
By APRIL MARCISZEWSKI World Staff Writer
Published: 4/23/2008  1:28 AM
Last Modified: 8/18/2008  11:48 AM

Complete Coverage: Read the latest ORU stories, view the lawsuit and other documents and watch slide shows and video.




A report that two former professors suggested $2.5 million is wrong, he said.



Two former professors and the defendants they sued -- including Oral Roberts University -- are not in settlement discussions, a defense attorney said Tuesday, despite a published report that the professors had suggested a $2.5 million settlement.

The Associated Press -- citing anonymous sources and the demand letter from lawyers for former professors Tim and Paulita Brooker -- reported Tuesday that the university asked the Brookers to propose a settlement amount and that the Brookers' attorneys suggested $2.5 million -- $1.5 million for Tim Brooker and $1 million for Paulita Brooker.

The AP quoted the demand letter as saying: "We understand that settlements of litigation are always negotiable. However, please be advised that unless the plaintiffs receive very substantial counter-offers, they will not further negotiate these demands."

John H. Tucker, an attorney for ORU and other defendants, responded to the report by saying that no settlement discussions are occurring.

Gary Richardson, an attorney
for the Brookers, did not return a telephone call late Tuesday afternoon. Participants in the lawsuit are barred from talking about the case outside of court, based on a judge's gag order. As a result, ORU spokesman Jeremy Burton would not comment.

ORU Interim President Ralph Fagin said last week that ORU was not in active mediation but that the university hoped to consider options "at any time."

Board of trustees Chairman Mart Green said then that ORU was willing to work on a settlement and "do what's reasonable and fair."

The Brookers have sued ORU; school administrators; former regents; and the Oral Roberts Evangelistic Association and its governing board for wrongful termination and other claims.

Professor John Swails was a plaintiff in the case until he settled in January and was rehired by ORU.

The case has gone to court twice, with Tulsa County District Judge Rebecca Nightingale most recently allowing two of three subpoenas to go forward. The allowed subpoenas requested documents -- due to the court last week -- from ORU's security director, about who came and went from former ORU President Richard Roberts' on-campus housing compound, and from a pilot, about ORU and Oral Roberts Evangelistic Association flights.

Nightingale said in court April 1 that she would pass relevant documents -- such as any information related to the Brookers' claim that the defendants conspired against them -- on to the lawsuit's participants.

The case is next scheduled to go to court May 2.




April Marciszewski 581-8475
april.marciszewski@tulsaworld.com



By APRIL MARCISZEWSKI World Staff Writer

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Fish, Grand Lake (4/23/2008 5:02:46 AM)
Oral Roberts has a long history of settling out of court. Go back and read news accounts in the Tulsa World and in the Tulsa Tribune about Oral's legal troubles. He convinced the gullible that they were healed and they injured themselves because of that false belief. The injured hired an attorney and then Oral settled. Settlement is on the table. Settlement will prevent public disclosure.
Report Comment
Henry, Tulsa (4/23/2008 8:21:16 AM)
The Brookers really have no case here. If they had actually been fired they would have some ammo. In reality, the only thing that happened is their contracts were not renewed. If they are offered a free tank of gas as settlement, they should take it.
Report Comment
John, Broken Arrow (4/23/2008 8:39:30 AM)
2. 4/23/2008 8:21:16 AM, Henry, Tulsa – If you were right the judge would have dismissed the lawsuit. It was not dismissed, even though ORU’s attorneys filed a motion to that effect. That means there is evidence to take the matter to trial.
Report Comment
Henry, Tulsa (4/23/2008 8:44:47 AM)
Good point, John. You may be right. However, the fact that they were not terminated seems to be a detriment to their "unlawful termination" suit. All of the pilot's records, though incriminating personally to the Roberts, have no relevance to the case at hand. These records will smear the Roberts but will ultimately have no bearing on the Brookers claim that they were unlawfully terminated.
Report Comment
Iziekiel, Heaven (4/23/2008 9:18:36 AM)

When do we get on the the Main Event, the Randi Miller-ORU campaign finance match?

Probably should at least start before the November elections.

Report Comment
John, Broken Arrow (4/23/2008 9:50:49 AM)
Judge Nightingale issued a subpoena for pilot documents so they must have some bearing on the lawsuit. If any of the requested documents have no bearing on the claim ORU’s attorneys will object to their production and the judge will decide, after she hears arguments from both sides. She is not going to require ORU to produce any documents that do not have a bearing on the case.
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Pelagius, Norman (4/23/2008 10:03:43 AM)
#3 and #4, Henry and John, I think a lot of the validity of the lawsuit will stem from whether or not the Bookers felt they had to leave because they were going to be scapegoated over that mayoral election deal or punished if they didn't participate. As far as I understood the original complaint, some people felt muscled to provide students and involve themselves in a campaign, violating ORU's tax-exempt status; but when push came to shove, the people requiring that involvement would blame the Bookers and Swails and others. If they were threatened that their contracts wouldn't be renewed if they didn't go along, and they refused to go along, that might at least have some claim to wrongful termination....

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Pelagius, Norman (4/23/2008 10:04:19 AM)
#3 and #4, Henry and John, I think a lot of the validity of the lawsuit will stem from whether or not the Bookers felt they had to leave because they were going to be scapegoated over that mayoral election deal or punished if they didn't participate. As far as I understood the original complaint, some people felt muscled to provide students and involve themselves in a campaign, violating ORU's tax-exempt status; but when push came to shove, the people requiring that involvement would blame the Bookers and Swails and others. If they were threatened that their contracts wouldn't be renewed if they didn't go along, and they refused to go along, that might at least have some claim to wrongful termination....

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Joe-Allen Doty, Tulsa, OK (4/23/2008 10:23:40 AM)
This is a revised version of the TW Article, "Attorney: No ORU settlement discussions occuring," which was put online yesterday evening.
--
Let's hope this discussion can remain at the mature level since the Tulsa World has added the paragraph above the Comment boxes.
--
I believe that Mart Green will try to do what he said as quoted in the article above. I sort of think that since the old ORU Board of Regents, especially the Word of Faith preachers, ought to have money collected in their own private funds to pay the full amount.
--
I write that because they let Richard Roberts get ORU $52 million in debt while they were on the board.
Report Comment
Joe-Allen Doty, Tulsa, OK (4/23/2008 10:31:32 AM)
When Richard Roberts endorsed Randi Miller, he did not merely tell a news reporter that he was going to vote for her; he announced as the President of Oral Roberts University, he was endorsing her and that was at a press conference.
--
It is one thing for the head of a tax-exempt organization to state, as an individual he is going to vote for a certain politician; but, it is another thing for him to make an official announcement at a press conference or even from a pulpit in a Church.
Report Comment
Walkingstick, Sand Springs (4/23/2008 12:04:29 PM)
When doty pleads for us to keep the discussion at a mature level,,he really means that no one should disagree with him, or take a position he doesn't agree with.
Report Comment
Jay, Tulsa (4/23/2008 3:06:50 PM)
The ongoing debate on this case is an excellent example of why the framers of our Constitution elected to form a Republic and not a Democracy. Many continue to report on facts that they don't know. I don't know who Henry is, but "his" facts are correct. Dr. Mrs. Brooker's contract was simply not going to be renewed and Dr. Tim reacted. Granted, most insiders believe there was pressure by the former President in the matter, the bottom line is wrongful termination or whistle blowing does not apply. First the plaintiffs must make a case there was credible evidence against the Roberts and ORU, or that the University believed the allegations made by the Brookers was credible and damaging. The Plaintiffs must also deminstrate their was action taken against them in retribution for their efforts to expose what was thought to be damaging information. Then intent must be demonstrated, along with actual injury. When somene reacts emotionally to an adverse employment separation, the public nature of the action does not necessarily imply the defendent employer acted improperly. The Brookers are now dragging down a wonderful University and are hurgting the students and faculty. They should settle.

As for knucklehead view that ORU has a history of past settlements demonstrating conspiracies all the way back to Oral, if they are so secret, how do you even know they exist?

Report Comment
John, Broken Arrow (4/23/2008 3:37:42 PM)
Jay, If they settle everyone will believe the university did something wrong. That will go to drag down the university. If ORU is so innocent they should fight on to an acquittal and prove their innocence.
Report Comment
jd, Tulsa (4/23/2008 4:26:00 PM)
What a bunch of sleezy scammers. Where are all the Roberts' groupies now???
Report Comment
Pelagius, Norman (4/23/2008 6:37:46 PM)
#12, Jay, Tulsa, Oklahoma is a right-to-work state, and so people can be terminated or non-renewed for no reason at all. But that doesn't stop the place where I work, and places where I have worked in the past, from gathering data and a paper trail on the detrimental work record of people they terminate for fear of lawsuits. If ORU didn't believe the statements by the plaintiffs were credible and damaging, why did they get the gag order? If the Brookers were wrong, why did Richard Roberts resign? I agree with John, #13, from Broken Arrow. IF the university settles, there will always be a question mark about whether they did something wrong, or if they are trying keep some facts out of court or the public. If they are innocent and have nothing to hide and there is no wrongful termination, they should just fight for acquittal.

#4, Henry, I don't know the context for your comment about the pilot's records. I know the Roberts were accused of using the jet for personal purposes and calling the trip a crusade or a fund-raiser or something like that, but how do the pilot's records fit? But I did think the Brookers' case has to do with more than just their claim of wrongful termination?

Report Comment
Gail, Tulsa, Ok (4/23/2008 7:24:36 PM)
I am a member of several blog/opinion websites in various countries. It is interesting when they find I live in the Tulsa, Oklahoma area they often ask about ORU.

All do not perceive ORU as corrupt, but do believe Richard and Lindsey Roberts are corrupt. I think that is very interesting.
Report Comment
National Inquirer, Anonymous Sources (4/23/2008 7:37:27 PM)
"The Associated Press -- citing anonymous sources and the demand letter from lawyers for former professors Tim and Paulita Brooker"

-----------------------------------------------

There we go with the anonymous sources again!
No credibility in this newspaper.
Just yellow journalism and tabloid news.
I might as well buy the National Inquirer.
Report Comment
mary green, (4/23/2008 10:17:24 PM)
Dave may be but Mart is...
Report Comment
Henry, Tulsa (4/23/2008 11:01:38 PM)
Albeit brief, I think this is the most level-headed discussion regarding ORU on this board that I have seen since this scandal came out. I don't know exactly who is right or what combination of facts is entirely correct, but I appreciate everyone's feedback and thoughts.
Report Comment
WHAT IN THE WORLD, TULSA (4/24/2008 4:13:36 AM)
What's up with this? I just got an Email telling me to watch Richard Roberts on TBN Friday and it came from this email address: Oral Roberts Ministries [prayer@oru.edu]

I thought the school and the ministry were now separate. Evidently someone forgot to tell Oral Roberts Ministries!!
Report Comment
Anonymous Sources, Full of Shame (4/24/2008 10:58:58 AM)
to 17. 4/23/2008 7:37:27 PM, National Inquirer, Anonymous Sources
"The Associated Press -- citing anonymous sources and the demand letter from lawyers for former professors Tim and Paulita Brooker"

---------------------------------------

Who are these anonymous sources?
Don't have any shame anymore?

Report Comment
WOO HOO - CHECK THIS OUT, (4/24/2008 11:28:53 AM)
Go to the ORU edu website and check out the financial tax returns for the year 2006-2007.
Report Comment
Pelagius, Norman (4/24/2008 6:01:00 PM)
#19, Henry, I agree. Too bad this version of the story didn't go up on the front page.

It has been so long since the initial allegations came out that it is hard to keep track of what these rulings on subpoeanas and the other evidence means.

#20, What In The World, the truth is always in the IT applications, isn't it? Thanks for sharing that one....
Report Comment
Firstsai, University of Kansas (4/24/2008 10:13:12 PM)
A settlement is ALWAYS on the table, even if it's only a wink and a nod. The attorneys have to weigh the length of an expensive trial and the bad publicity against what it would cost to make this thing go away. If I'm right about these Elmer Gantry wannabes they will block everything they can until they get their own golden parachutes packed.
Report Comment
philip demichele, croydom (4/26/2008 10:46:21 PM)
no matter what they done they are still rakeing in the money
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