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this

Barkett
JERRY
.j~ JOHN
VI.
action
DOE
COttlmS
DOE
and
BURD,
4)

S)
2)

3)
1)
bas
William
IN
NOS.
NOS.
b~
Defendant
Plaintiff
Plamtiff, THE
The
"Does) and Def~
NOW
allegeasfollows:

This
LORI COLE, an
ad$
Defendants,
I-57,
a
1-57,
indiviwaJ,
rcsidmt
C.
DISTRICI'
Court
giving
Plaintiff,
Jary
M~
individuals,
individuals
Lori
.
Burd
of
rise
Cole
Tulsa
Jerry
of
COURT
to
(hereinaft«
the
(hereinafter
has jurisdiaion
this
Jane Doe Nos.
County,
B\n"d
firm
-57
action
OF
'(hereinafter
avm
by
)
)
)

)
)
)
)

)
)
)
)

GRAVES.&;
PETmON

State
"Mr.
TULSA
~
and
"Colej
through
of
Bmd~')
the parties
Oklahoma;
BARkETr,
COUNn
"Jane
is
in
Case
now
Tulsa
is
his
actiOnbasbem a residentof OsagecOunty,State of Oklahoma;
Does")
now
and
No.
attorneys
and venue
County.
PLL~ t
.

OKLAB~
and
at
CJ
arc
all
at
Oklahoma.
of
and
times
now
aU
Judge RONALD

is properly
,
~d
.relevantto dJisactionhavebem residentsof Tulsa County. Stateof Oklahoma;
times
for
L.
and
relevant
JURY TRIAL DEMANDED

his
SHAFFER
A TrORNEY LIEN CLAIMED

I ~CT
lodged.
at
Michael
c
.

relevant
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all
,
LED
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to
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tim~
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~u:iI
this
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of
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to
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(,..)
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action againstthe'DefendantsLori Colc, JohnDoe Nos. 1-57 and JaneDoe Nos. 1-57,stateand

On information and belief, DefendantsJohn Doe Nos. I-57 (hereinafter"John

:;';!
Pi
e::a
JUN1 3 2006

or-;
J
~ ~
-

~
FACTUAL

StJMMARY
6)

Plaintiff
Mr.
Burd
is
the
Sperry
Public
Schools
superintendent
and
has
been
an
Oklahoma educator in ~cess of thirty years;

7)
Defendant
Co1e
is
the
parent
of
one
or
more
children.
who
attend
school
in
the
SperryPublic Schools;

8)
On
infonnanon
and
beljef,
Defendants
1ohn
Does
and
Jane
Does
are
parents,
teachers,school administratorsand/or other interestedpersonsof stud"entsin the SperryPublic

Schools;
In ..or around April, 2006 Co1ebegan a personal inquiry of the . speriy Public
9)

School'sbusinesspractices,including,,butnot limited to requestingcopiesof specific documents

outlining schooldistrict cxpendinn-es;

10) Nothing
containoo
in
those
documents
show
or
suggest
any
wrongdoing
wha~
11)
On
informatiOn
and
belief
~
or
8rol.1Ild
April,
2006,
Cole,
John
Does
and
Jane
Does
designed,
set
up
and
now
maintain
a
message
board
for
the
pmpose,
in
large
part,
to
discussMr. Surd both personallyand professionally;

12) Message board'participantspost messages,chat and othc:'Wisecommunicateto

third partiesunderalias"screennames"or "chat naxnes";


On
or
about
May
3,
2006
Cole
attended
an
elementary
booster
club
meeting
and
short1yafttr the meeting adjournedCol~, speakingin a group of p3IUlts, falsely and recklessly
accus~
Mr.
Burd
of
embcz:;ding
school
funds;
In or aro\Uldthis samenme period from April, 2006 through the presentCole,
J
obn
Does
and
J
me
Does
have
posted
and
continue
to
post
messages
communicattng
to
thiId
2
partiesfalse andreck1essstatcmcntsand accusations

directed
at
Mr.
Burd
of
criminal
acts
and/or
omissions in bis duties as StJperlntendent;

FIRST
CAUSE
OF
ACTION
(Slander Per Quod -12 0.8. §1442~

d
seq.)
DEFENDANT LORI COLE

PIaintiffre-pleads the allegationscontainedin paragraphs1 through 14 as though

fully setforth haein;


Co1e
made
false
statements
to
third
parties
a~ing
Mr.
Burd
of
committing
the
criine of embezzlement;
Cole
made
these
statements
knowi1lg'
them
to
be
untrue
and/or'
with
~ess
disregardfor the tnrth;

18) Cole madethesestatementswillfully in a wantonandoppressivemanner;

The statementsmadeby Coie arenot privileged;


As
a
direct
result
of
Cole's
defamatory
statements
Mr.
Burd
has
suffered
damages
ill an amo\mt in excessof $10,000.00;

WHEREFORE,
Plaintiff
Burd
prays
for
a
judgment
against
Defendant
Cole,
for
damages
in
an
alnount
in
~cess
of
$1
0,000.00
together
with
interest
and
costs
oftbis
action,
and
for
an
award
of
punitive
daxnages
in
.excess
of
$10,000.00
to
apprise
the
parties
and
the
communitYat large that the acts and/oromissions of the Defendantare not acceptable
in a

civilized community,
8nd
such
other
and
further
relief
to
which
Bm'd
may
be
entitled.
SECONDCAUSE OF ACTION
(SlanderPer Se-12 O-S.§1442,efssq-)
DEFENDANT LORI COLE

21) Plaintiff ~pleads the allegationscontainedin paragraphs1 through 20 as though


ful1y
set
~rth
herein;
3
communicates
civilizm
communi~
for
an
DEFENDANT
award
oomm1mity,
30)
24)
23)

2S)
conscious
at
falsestat~ents
to
Defendants
Cole)s
large of
Cole
Cole
Cole
regarding
third
punitive
,made
fuIly set forth h,erein;
made
at
that
.
and
pam
LORI
statements
the
such
Mr.
Plaintiff
the
John
WHEREFORE,
es
false
these
time
damages
false
COLE,
Burd;
acts
other
Does
statements
THIRD
Plaintiff re-pJeads
she
. (Libel
statements
had
statem
and/or
B\1rd
made
and
disregardfor Hurd' s righ~;

and
DEFENDANTS
in and
further
CAUSE
Cl
excess
.prays
Jane
continue
themwith recklessdisregardfor the truth;

omissions
these
to
ts
WIllfully
to his office, professiOIlt trade and business;

,
regarding third
Does
relief
4
statements
for
of
OF
parties
to
Cole.s statementsarenot privilegoo;

$10,000.00
mamtain,
in
a
of
to have
ACTION
JOHN
judgment
Mr.
a
which
the
wanton
Cole's statemen~ constituteslanderper se;

accusing
an
knew
B
Defendant
urd
injurious
~cipate
DOES
Burd
to
;
them
and
against
Mr.
apprise
may
AND
oppressive
Per Quod - 12O.S.§I441,et seq.)
to Burd
affect
are
be
in,
be
Defendant
JANE
the
not
entitled.
post
of
Ulrtrue
on
a
parties
acceptable
Bmd
crime;
manner,
smtements
DOES
and/or
Cole,
in
and
.

respect
.

and
made
in
and
the
for
in
a
the allegationscontained .in paragraphs 1 through 27 as though

otherwise,COJmDunica~to third partieson a messageboard for purposes,at leastin part, to post


damagesin an axriountin excessof $10,000.00togetherwith interestand costsof this action,and

On infonnanon and belief, Cole participates, posts statementsand otherwise


The
false
statements
expose
and
subject
Mr.
Burd
to
public
hatred,
contempt,
ridicule
and
tend
to
deprive
him
of
public
confidence
and
thereby
injure
him
in
his
occupation;
Thesewritten statementsarenot privilegro;

The authors of the statements know or should have known the statements to be
false
and/or
the
statements
w~
and
continue
to
be
made
with
reckless
disregard
for
the
troth;
As a direct reSultof the statementspostooon the messageboard by Defendants

John and Jane Does Mr. Burd has suffei-eddBmagesin excessofSIO)OOO.OO;

WHEREFORE,
P1aintiff
Burd
prays
for
a
judgment
against
Defendant
Cole,.
fOr
damagesin an aDlountin excessof S10.000.00togetherwith interestand costsof this action,and
for
an
awaJd
of
punitive
damages
in
excess
of
$10,000.00
to
apprise
the
parties
and
the
communityat large that the acts and/oromissionsof the Defendantare not acceptable
in a

civilizedcommunity,andsuchotherandfurtherreliefto which Burd may be entitioo.

CAUSE OF ACfI9N
FOURm
(Libel Per Se- 12O.S.§1441~et seq.) .

DEFENDANT LORI COLE,


DEFENDANTS
JOHN
DOES
AND
JANE
DOES
Plaintiff re-pleadsthe allegationscontainedin paragraphs1 through 34 as though

fully set forth herein;


Defendants
John
and
Jane
Does
maintain,
participate
in,
post
statements
and
oth~se communicate to third parties on a messageboardfor PUIpOses,
at leastin part,false

statements
regar~ Mr. B~;

37) . On infonnationand belief, Cole participates,posts statementsand otherwise


communicates
to
thUd
pnes
false
statemmts
regarding
Mt.
BUId,;
;
The
false
statements
expose
and
subject
Mr.
Burd
to
public
ha~
contempt,
ridiCllle andtend to deprivehim of public confidenceandtherebyinjure him in his occupation;

.5
Thesewrittcn andpublishedstatementsarenot privileged;

The
authors
of
the
statements
know
or
should
have
known
the
statements
to
be
disregardfor thetroth;
reck1ess
false
and/or
the
statements
were
and
continue
to
be
made
with
WHEREFORE,
Plaintiff
Burd
prays
for
a
judgment
against
Defendant
Cole,
for
damagesin an amo\mt in excessof$10,OOO.OO
together with interest and costs of this action, and

for an awardof punitive damagesin excessof $10,000.00to apprisethe parnesand the

oommunity at large that the acts and/oromissionsof the Defendantare not acceptable
in a
civilized
community,
and
such
other
and
fW'th«
relief
to
which
BUI"d
may
be
entitled.
GRA
VFS
&
BARKEIT.
PLLC
By:
w(
f::r
Daniel
B.
C. OBA
19.349
Michael
L.
Barkett,
William
McLain,
Boulder Towers, Suite 1010
1437 South Boulder
TuIsa.
OK
74119
(918) 582 6900
(918) 582 6907 (t)

Attorneysfor PlaintijJ',Jerry Burd.