The judge hearing the Robertson Foundation suit yesterday set June 4 as the date to hear arguments about whether the case should proceed.
In a two-hour hearing at the New Jersey State Superior Court yesterday, Judge Neil Shuster also said he will rule within a week on three petitions University lawyers made for increased confidentiality in the case and a delay in further evidence gathering.
Relatives of Charles '26 and Marie Robertson, who donated the $35 million in 1961 to set up a foundation in their name to fund the Wilson School, sued the University, the foundation, President Tilghman and three University-appointed foundation trustees in July.
The relatives allege that University officials were trying to transfer control of the foundation's now $550 million endowment to the University's investment company, trying to commingle the foundation's endowment with the University's and failing to attract students who become government officials in international affairs.
The University had asked the court to throw out the case in December, but a decision was delayed when Judge Shuster was hurt in a car accident.
Today, the Robertson Foundation will meet in Princeton for its annual board meeting, though it has had regular meetings throughout the year. Lawyers for both sides are expected to attend, but the meeting will focus on issues from graduate admissions to new courses, said Thomas Wright '62, University vice president and secretary and who sits on the foundation board.
During yesterday's hearing, the sides sparred on two main issues, said Douglas Eakeley, who is representing the University in the case.
First, Eakeley said, the University asked the court to keep most of the documents involved in the case confidential — meaning the documents will still be available to each side but not to the public.
Second, Eakeley said, he asked the Court to delay entering the phase of the case in which the sides gather documents, depositions and other materials until the judge decides whether the Robertson family may sue at all.
"We do not believe that the plaintiffs have established the right to sue the foundation," Eakeley said, adding that yesterday's requests were "a very normal part of a case."
Eakeley said there has been "a fair amount" of dialogue between the two sides outside the courtroom, including at events like today's foundation board meeting.
"We're holding regular meetings of the Robertson Foundation trustees and there's going to be one tomorrow in which we're going ahead with the business of the Robertson Foundation," Wright said. "Some aspects of that go ahead pretty well. Some parts of it not so well."
Wright expects today's meeting to focus on issues of admissions, placement, new courses, the master's in public administration program and other topics.
Robertson family lawyers could not be reached.
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