Defendant's Attorney: Luttrell, Pendarvis & Rawlinson, Norman, for respondent, Sarkeys Foundation.

Description: Norman, Oklahoma civil litigation lawyers represented Plaintiff, who sued Defendants on a breach of charitable trust theory.

Petitioner, Independent School District No. 40, Cleveland County (School District), brought suit in the District Court of Cleveland County against Sarkeys Foundation, a charitable trust, and other named corporate entities and individuals (Foundation),1 [569 P.2d 1002] actual respondents as opposed to trial court against whom the Writ of Prohibition is sought. That suit was brought in the form of a class action for all beneficiaries of the charitable trust. It principally sought to prevent a transaction or transactions alleged to involve the sale of the major assets of the charitable trust to the detriment of the class beneficiaries. On filing suit, plaintiff School District immediately sought discovery through service of interrogatories on certain defendants and issuing of subpoenas as to other defendants for the taking of depositions. Foundation defendants attacked School District's standing to bring the action through the filing of motions to dismiss, demurrers, and motions for summary judgment. On motions of Foundation defendants, trial court stayed any discovery proceedings by School District until trial court had resolved the issue as to School District's standing.

¶2 Petitioner School District brings this original action asking this court to assume original jurisdiction and issue Writ of Prohibition against the trial court to prevent staying of discovery proceedings. Merits of the litigation are not before this court in this original action, nor is there any determination as to the issue of standing.

Petitioner, Independent School District No. 40, Cleveland County (School District), brought suit in the District Court of Cleveland County against Sarkeys Foundation, a charitable trust, and other named corporate entities and individuals (Foundation),1 [569 P.2d 1002] actual respondents as opposed to trial court against whom the Writ of Prohibition is sought. That suit was brought in the form of a class action for all beneficiaries of the charitable trust. It principally sought to prevent a transaction or transactions alleged to involve the sale of the major assets of the charitable trust to the detriment of the class beneficiaries. On filing suit, plaintiff School District immediately sought discovery through service of interrogatories on certain defendants and issuing of subpoenas as to other defendants for the taking of depositions. Foundation defendants attacked School District's standing to bring the action through the filing of motions to dismiss, demurrers, and motions for summary judgment. On motions of Foundation defendants, trial court stayed any discovery proceedings by School District until trial court had resolved the issue as to School District's standing.

¶2 Petitioner School District brings this original action asking this court to assume original jurisdiction and issue Writ of Prohibition against the trial court to prevent staying of discovery proceedings. Merits of the litigation are not before this court in this original action, nor is there any determination as to the issue of standing.

Outcome: ¶12 Jurisdiction assumed; Stay Order dissolved; and Writ of Prohibition granted.

¶13 All of the Justices concur.

Plaintiff's Experts:

Defendant's Experts:

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