this Barkett JERRY
VI.
.j~
JOHN
action
DOE
COttlmS DOE
and
4) 2)
BURD,
"Does) and Def~
allegeasfollows:
LORI COLE, an
actiOn bem a residentof Osage bas cOunty, State of Oklahoma;
.relevantto dJisactionhavebem residents Tulsa County. Stateof Oklahoma; of
S)
3) 1)
bas William NOS. NOS. b~ Defendant Plaintiff
Plamtiff,
IN
The
NOW
Defendants,
This
ad$ I-57,
THE
indiviwaJ,
a 1-57,
rcsidmt C.
Court
giving Jary Plaintiff, M~ individuals, Lori individuals Burd of rise Cole Tulsa of Jerry to (hereinaft« (hereinafter the
DISTRICI'
.
COURT
Jane Doe Nos.
has jurisdiaion
this County, B\n"d firm -57 action '(hereinafter by
avm
PETmON
GRAVES.&; State "Mr. ~ and "Colej through of Bmd~') Oklahoma; BARkETr, "Jane is in now Tulsa is his Does") now and attorneys County. PLL~ and at arc all at Oklahoma. times and of now aU ~d times for and relevant his at Michael ': ",-' ~' relevant
OF
) ) ) ) ) ) ) ) ) ) )
TULSA
the parties
;""'.
' 'ca~ , all
COUNn
Case
JURY TRIAL DEMANDED
A TrORNEY LIEN CLAIMED
and venue
".
No.
.
t OKLAB~ CJ
Judge RONALD
is properly
,
L.
SHAFFER
lodged.
I
~CT
c
.
LED
.
-tim~ '~
to
~I;'"
this
~u:iI
N
to
of
L.
(,..) ~
~
action againstthe'Defendants Lori Colc, JohnDoe Nos. 1-57 and JaneDoe Nos. 1-57,stateand
On information and belief, DefendantsJohn Doe Nos. I-57 (hereinafter"John
JUN1 3 2006
~J ,
~
:;';! -
~
e::a
Pi
or-; J
~
FACTUAL
Mr. Burd is the Sperry StJMMARY Public Schools superintendent and has been Co1e is the parent of one or more children. who attend school in the an
6)
Oklahoma educator in ~cess of thirty years;
7)
SperryPublic Schools; 8)
On infonnanon and beljef, Defendants 1ohn Does and Jane Does are parents,
teachers,school administratorsand/or other interested personsof stud"ents the SperryPublic in
Schools;
9)
In ..or around April, 2006 Co1ebegan a personal inquiry of the . speriy Public
School'sbusiness practices,including,,butnot limited to requestingcopiesof specific documents outlining schooldistrict cxpendinn-es;
10)
wha~
Nothing
Defendant
Plaintiff
~
containoo
in
those
documents
show
or
suggest
any
11)
Does designed,
On
informatiOn
and
belief
~
or
8rol.1Ild
April,
2006,
Cole,
John
Does
wrongdoing
and
set
up
and
now
maintain
a
message
board
for
the
pmpose,
in
large
part,
Jane
discussMr. Surd both personallyand professionally;
12)
Message
board'participantspost messages, chat and othc:'Wise communicateto
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
to
partiesfalse andreck1ess statcmcnts and accusations
directed
at
Mr.
Burd
of
criminal
acts
omissions in bis duties as StJperlntendent;
FIRST CAUSE OF ACTION
(Slander
Per Quod
-12
0.8.
§1442~
d
DEFENDANT
LORI COLE
PIaintiffre-pleads the allegationscontained paragraphs1 through 14 as though in 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 madethesestatements willfully in a wantonandoppressive manner; The statements madeby 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,
damages in an alnount in ~cess Plaintiff Burd prays for a judgment against Defendant Cole, for of $1 0,000.00 together with interest and costs oftbis action, daxnages in .excess of $10,000.00 to apprise the parties and and for an award of punitive
seq.)
and/or
communitY large that the acts and/oromissions at
civilized community,
8nd such other and further relief
of the Defendant not acceptable a are in
to which Bm'd may be entitled.
SECOND CAUSE OF ACTION
(SlanderPer Se-12 O-S.§1442,efssq-) DEFENDANT LORI COLE
21)
ful1y set ~rth herein;
Plaintiff ~pleads the allegationscontainedin paragraphs1 through 20 as though
3
the
communicates
civilizm communi~ for
an
DEFENDANT
award
falsestat~ents
24) 23) 2S)
oomm1mity, at
30)
Defendants large Cole of Cole)s Cole punitive ,made that at and LORI statements the such the Plaintiff
to
regarding
Cole
fuIly set forth h,erein;
third
made
pam
Mr.
WHEREFORE,
John
es
these
false
time
damages
false COLE,
Burd; acts
other
Does
Plaintiff re-pJeads .
THIRD
statements
. (Libel
had
she
statements
statem
and/or
B\1rd
conscious disregard Hurd' s righ~; for
made
and
and DEFENDANTS
in
and
Cl excess
CAUSE
further
Jane
.prays
themwith recklessdisregardfor the truth;
continue
omissions
these
to
ts
to his office, professiOIlt trade and business;
WIllfully
,
regarding
third
Does
Cole.s statements not privilegoo; are
Cole's statemen~ constitute slanderper se;
Per Quod - 12O.S.§I441,et seq.)
relief
the allegationscontained .in paragraphs 1 through 27 as though
otherwise,COJmDunica~ third partieson a message to board for purposes,at leastin part, to post
damages an axriount excess $10,000.00 in in of togetherwith interestand costsof this action,and
On infonnanon and belief, Cole participates, posts statementsand otherwise
4
of for OF mamtain, $10,000.00 a of ACTION to JOHN judgment which the Defendant ~cipate DOES Burd to against apprise may AND are in, be Defendant JANE post entitled. not the acceptable parties smtements DOES Cole,
statements
parties
to
in
have
Mr.
a
wanton
accusing
an
knew
B
urd
injurious
;
them
and
Mr.
oppressive
to
Burd
affect
be
Ulrtrue
of
on
a
Bmd manner, crime;
and/or
in
.
and respect
.
and
made
in
and
the
for
in
a
The
false
statements
expose
and
subject
Mr.
Burd
to
public
hatred,
ridicule
and
tend
to
deprive
him
of
public
confidence
and
thereby
injure
him
in
his
Thesewritten statements not privilegro; are
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 statements postooon the message board by Defendants
John and Jane Does Mr. Burd has suffei-eddBmages excessofSIO)OOO.OO; in
WHEREFORE,
P1aintiff
Burd
prays
for
a
judgment
against
Defendant
occupation;
Cole,.
contempt,
damages an aDlountin excess S10.000.00togetherwith interestand costsof this action,and in of
for an awaJd of punitive damages in excess of $10,000.00 to apprise the parties and the
communityat large that the acts and/oromissions the Defendant not acceptable a of are in civilizedcommunity, suchotherandfurtherreliefto which Burd may be entitioo. and
CAUSE OF ACfI9N (Libel Per Se- 12O.S. §1441~et seq.) DEFENDANT LORI COLE,
FOURm DEFENDANTS JOHN DOES
.
AND
JANE
Plaintiff re-pleadsthe allegationscontained paragraphs1 through 34 as though in 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, leastin part,false at
statements regar~ Mr. B~;
37)
communicates
. On infonnationand belief, Cole participates, posts statements otherwise and
to thUd pnes false statemmts regarding Mt. BUId,; ; The false statements expose and subject Mr. Burd to public ha~
DOES
ridiCllle andtend to deprivehim of public confidence therebyinjure him in his occupation; and
.5
contempt,
fOr
Thesewrittcn andpublishedstatements not privileged; are
The authors of the statements know or should have known the statements to be
reck1ess disregard thetroth; for
against Defendant Cole, for
false
and/or
the
statements
were
and
continue
to
be
made
WHEREFORE,
Plaintiff
Burd
prays
for
a
damagesin an amo\mt in excessof$10,OOO.OO together with interest and costs of this action, and
for an awardof punitive damages excessof $10,000.00 apprisethe parnesand the in to
oommunity
at large that the acts and/oromissions the Defendant not acceptable a of are in
community, and such other and fW'th« relief to which BUI"d may be entitled. GRA VFS & BARKEIT.
civilized
judgment
with
By:
w(
Daniel
Michael
B.
C.
McLain, Barkett, 74119
OBA 19.349
Suite 1010
William
Boulder
Towers,
1437 South Boulder
TuIsa.
(918) 582 6900 (918) 582 6907 (t)
Attorneys PlaintijJ',Jerry Burd. for
6
OK
L.
f::r
PLLC