The plaintiffs in the lawsuit regarding the Robertson Foundation, the $550 million endowment for the Wilson School, received an extension until tomorrow to respond to the defendants' motion to dismiss the suit, which was filed in early November.
The judge in the case, Neil Shuster, was also injured in a recent car accident, which might delay hearings, University Vice President and Secretary Thomas Wright '62 said.
Robertson family members filed a complaint in July in New Jersey Superior Court, alleging that the University attempted to take control of the separate endowment. The foundation was established in 1961 with a $35 million gift from Marie and Charles Robertson '26. The family members who brought the suit wish to reclaim the funds and donate them to another public service school.
The defendants in the case, including the University, President Tilghman and the three other University-appointed members of the Robertson Foundation board, filed a motion to dismiss the suit on Nov. 4. A tentative hearing was scheduled for Dec. 6, but the plaintiffs asked for and received an extension until tomorrow to file papers in opposition to the motion. The defendants will be given until March 14 to reply, and a hearing will be scheduled subsequently, said Douglas Eakeley, who is representing the defendants.
Judge Neil Shuster, who is hearing the case, was hit by a car while crossing a road a week and a half ago and sustained serious injuries, including broken bones, Wright said. This might lead to delays in the case, he added.
One of the plaintiffs in the case, John Robertson, a brother of lead plaintiff William Robertson '72, died two weeks ago with his wife in an accident aboard his boat in Florida.
They died after inhaling noxious fumes in the hold of the boat, Wright said. John Robertson had little involvement with the foundation or the University, Wright said. "I do not think his tragic death will have an effect on the lawsuit," he added.
One of the reasons that the plaintiffs were given additional time to file papers in opposition was to give them the opportunity to conduct depositions and to review foundation records, Eakeley said.
The plaintiffs deposed Wright, secretary and treasurer of the foundation, on Jan. 14 and 15.
Both sides recently also deposed Gen. Andrew J. Goodpaster GS '50, a foundation board member from 1961 to 2002. Goodpaster resigned from the board shortly before the lawsuit was filed, Eakeley said.
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