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Case 4:18-cv-00099-GKF-FHM Document 28 Filed in USDC ND/OK on 04/05/18 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA

THE T
THE HOMAS L. PEARSON
THOMAS PEARSON AND
T
THE PEARSON FAMILY
HE PEARSON FAMILY MEMBERS
MEMBERS FOUNDATION,
FOUNDATION,

Plaintiff and Counterclaim
Defendant,

v.
V.

T
THE UNIVERSITY OF CHICAGO,
HE UNIVERSITY CHICAGO,

Defendant and Counterclaimant.

AND
AND No. 18-cv-99-GKF-FHM
JURY TRIAL DEMAND
T
THE UNIVERSITY OF CHICAGO,
HE UNIVERSITY CHICAGO,

Counterclaimant and Defendant,

v.

THE T
THE HOMAS L. PEARSON
THOMAS PEARSON AND
T
THE PEARSON FAMILY
HE PEARSON FAMILY MEMBERS
MEMBERS FOUNDATION,
FOUNDATION,

Counterclaim Defendant and
Plaintiff,

T
THOMAS PEARSON,
HOMAS L. PEARSON,

Counterclaim Defendant.

DEFENDANT UNIVERSITY OF CHICAGO’S
CHICAGO'S ANSWER

Defendant University of Chicago (“the University”) answers the complaint of Plaintiff
("the University")

The Thomas L. Pearson and The Pearson Family Members Foundation (“the Foundation”) as set
("the Foundation")

forth below. To the extent not specifically admitted, the University denies all allegations in the

complaint.

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Nature of the Case

1.
1. The University admits that, subject to the April 3, 2015 Grant Agreement by and

among The Thomas L. Pearson and The Pearson Family Members Foundation, the University of

Chicago, and Thomas L. Pearson (the "Grant
“Grant Agreement"),
Agreement”), the Foundation pledged to contribute

$100 million to the University and the University agreed to establish The Pearson Institute for

the Study and Resolution of Global Conflicts and The Pearson Global Forum. The University is

without knowledge or information sufficient to form a belief as to the truth of the allegations

contained in the second sentence of Paragraph 1 and therefore denies them, and denies all other

allegations in Paragraph 1.

2.
2. The University admits that it, the Foundation, and Thomas Pearson agreed to the

terms of the Grant Agreement, and denies the allegations in Paragraph 2 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

3.
3. Denied.

4. Denied.

5.
5. Denied.

6.
6. The University admits that the Foundation paid $11.0 million in 2015, $11.0

million in 2016, nothing in 2017, and $900,000 in 2018. The University admits that the

Foundation’s complaint seeks the return of those payments. The University denies the
Foundation's

Foundation is entitled to the return of these funds or any other relief, and denies all other

allegations in Paragraph 6.

Parties

7. On information and belief, the University admits the allegations in Paragraph 7.

8.
8. Admitted.

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Jurisdiction, Venue and Governing Law

9.
9. Admitted.

10.
10. The University admits that, as stated in Section 10.4 of the Grant Agreement, the

parties have agreed that the United States District Court in the Northern District of Oklahoma

shall be the exclusive venue for any litigation, special proceeding or other proceeding between

the parties that may arise out of, or be brought in connection with or by reason of, the Grant

Agreement.

11.
11. Admitted.

Factual Allegations

12.
12. The University admits that in January 2014, the Pearsons and the University

discussed a large grant from the Foundation related to global conflict, denies that the concept for

the Institute originated with the Pearsons, and is without knowledge or information sufficient to

form a belief as to the truth of the remaining allegations in Paragraph 12 and therefore denies

them.

13.
13. The University is without knowledge or information sufficient to form a belief as

to the truth of the allegations in Paragraph 13 and therefore denies them.

14.
14. The University admits that the parties executed the Grant Agreement on April 3,

2015, after months of discussions and negotiations. The University is without knowledge or

information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 14

and therefore denies them.

15.
15. The University admits that Paragraph 15 accurately quotes a selected portion of

the mission statement of the Institute and Forum, as stated in Section 1.2 of the Grant

Agreement. The University denies all other allegations in Paragraph 15 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

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16.
16. The University admits that it was obligated to perform under the terms of the

Grant Agreement, denies the allegations in Paragraph 16 to the extent they mischaracterize, vary

from, or are otherwise inconsistent with the terms of the Grant Agreement, and denies all other

allegations in Paragraph 16.

17.
17. The University admits that the Grant Agreement obligated the University to

appoint an Institute Director as described in Section 3.2 of the Agreement, and that the due date

for this appointment is September 1, 2016, with a one-year cure period ending on September 1,

2017, as set forth in Exhibit A of the Agreement.

18.
18. The University admits that Section 3.2 of the Grant Agreement describes the

Institute Director, and denies the allegations in Paragraph 18 to the extent they mischaracterize,

vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

19.
19. Denied.

20. The University admits that in June 2016, it appointed Professor James Robinson

to the position of The Reverend Dr. Richard L. Pearson Professor of Global Conflict Studies and

Faculty Director, The Pearson Institute for the Study and Resolution of Global Conflicts, which

is the Institute Director as defined by Section 3.2(a) of the Grant Agreement. The University

admits that the second sentence in Paragraph 20 selectively quotes from a June 2, 2016, press

release; that press release further states that, effective July 1, 2016, Professor Robinson will be

faculty director and The Reverend Dr. Richard L. Pearson Professor of Global Conflict Studies,

which is the Institute Director as defined by Section 3.2(a) of the Grant Agreement.

21. Denied.

22. Denied.

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23. The University admits that in or around August 2017 it made changes to the

Institute’s Institute’s website, like Section 3.2(a) of the Grant Agreement,
Institute's website and that the Institute's

“Institute Director"
uses the terms "Institute Director” and "Faculty
“Faculty Director"
Director” interchangeably to describe Professor

Robinson’s position with the Institute. The University denies all other allegations in Paragraph
Robinson's

23.

24. The University admits that, as stated in Section 5.1(a) of the Grant Agreement, the

University will keep the Donor reasonably informed of its progress in recruiting the initial and

any subsequent Institute Director, Forum Executive Director, and the Faculty Chairs in the

Pearson Institute. The University denies the allegations in Paragraph 24 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

25. Denied.

26. Denied.

27. The University admits that the 2015–2016
2015-2016 Annual Report refers to Professor

“Faculty Director,"
Robinson as the "Faculty Director,” a term used interchangeably with "Institute
“Institute Director"
Director” in

Section 3.2(a) of the Grant Agreement. The University denies all other allegations in Paragraph

27.

28. The University admits that, as stated in Section 3.2(a) of the Grant Agreement, the

Institute Director shall be selected by the Dean of the Harris School to hold a named

professorship in the Harris School to be designated as "The
“The Reverend Dr. Richard L. Pearson

Professor of Global Conflict Studies and Faculty Director, The Pearson Institute for the Study

Conflicts,” that Institute Director James Robinson holds that position,
and Resolution of Global Conflicts,"

and that Section 3.4(a) creates three chaired faculty positions (The Ramalee E. Pearson Professor

of Global Conflict Studies, The Philip K. Pearson Professor of Global Conflict Studies, and The

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David L. Pearson Professor of Global Conflict Studies). The University is without knowledge or

information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 28

and therefore denies them, and denies all other allegations in Paragraph 28.

29. Denied.

30.
30. The University admits that three of the four chaired professorships have been

filled. The University denies all other allegations in Paragraph 30.

31.
31. Denied.

32.
32. Denied.

33.
33. The University admits that, as stated in Section 5.1(a) of the Grant Agreement, the

University will keep the Donor reasonably informed of its progress in recruiting the initial and

any subsequent Institute Director, Forum Executive Director, and the Faculty Chairs in the

Pearson Institute. The University denies the allegations in Paragraph 33 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement,

and denies all other allegations in Paragraph 33.

34.
34. Denied.

35.
35. The University admits that, as stated in a recital to the Grant Agreement, the

Forum is to be established for the purpose of concentrating on outward-facing and externally-

focused activities such as conferences, awards and related events advocating the application of

the Pearson Institute’s
Institute's research findings and bringing together leading scholars and policy

makers from around the world to ensure the regular exchange of ideas and to maximize the

potential for impact in preventing and resolving violent conflicts and informing policy relating

thereto. The University denies the allegations in Paragraph 35 to the extent they mischaracterize,

vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

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36.
36. Admitted.

37.
37. Denied.

38.
38. Paragraph 38 contains characterizations, legal arguments, or conclusions of law to

which no response is required. To the extent a response is required, the University denies the

allegations in Paragraph 38.

39.
39. Paragraph 39 contains characterizations, legal arguments, or conclusions of law to

which no response is required. To the extent a response is required, the University denies the

allegations in Paragraph 39.

40. The University admits that Exhibit A of the Grant Agreement sets a due date of

March 31, 2017 for the University to create the first definitive operating plan and budget, and a

one-year cure period ending March 31, 2018. The University denies the allegations in Paragraph

40 to the extent they mischaracterize, vary from, or are otherwise inconsistent with the terms of

the Grant Agreement.

41. The University admits that it delivered the operating plan and budget to the

Foundation on March 31, 2017, and delivered revisions to the budget after March 31, 2017. The

University denies all other allegations in Paragraph 41.

42. The University admits that, as stated in Section 3.1(f) of the Grant Agreement, the

Pearson Institute shall be a component part of the Harris School unless the University later

determines that the Institute should no longer be situated within the Harris School. The

University denies all other allegations in Paragraph 42.

43. Denied.

44. Denied.

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45. The University admits that, as set forth in Exhibit C of the Grant Agreement,

Masters of Public Policy students and Ph.D. students will be eligible to be "Pearson
“Pearson Fellows"
Fellows”

“Pearson Scholars”
and "Pearson Scholars" respectively, and it is within the University's
University’s authority to administer

these scholarships. The University denies the allegations in Paragraph 45 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement,

and denies all other allegations in Paragraph 45.

46. Denied.

47. Denied.

48. The University admits that it is within its authority under the Grant Agreement to

create and develop the academic curriculum for the Institute, and denies all other allegations in

Paragraph 48.

49. Denied.

50.
50. Denied.

51.
51. Denied.
[1]
53.
53.E11 The University admits that in May 2014 it announced that Daniel Diermeier
The

would be Dean of the Harris School of Public Policy, effective September 1, 2014, and denies all

other allegations in Paragraph 53.

54.
54. The University admits that in March 2016 it announced that Daniel Diermeier

would be appointed Provost, effective July 1, 2016.

55.
55. The University admits that an interim Dean was appointed to serve as Dean of the

Harris School after Daniel Diermeier was appointed Provost. The University denies all other

allegations in Paragraph 55.

1
1 The Foundation’s complaint does not include Paragraph 52.
Foundation's
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56.
56. Denied.

57.
57. The University admits that the Pearsons and the University had discussions about

possible amendments to the Grant Agreement, denies that the Grant Agreement was ever

amended, and denies all other allegations in Paragraph 57.

58.
58. Denied.

59.
59. Denied.

60.
60. The University admits that Exhibit A of the Grant Agreement sets a due date of

September 1, 2017 for the University's
University’s appointment of the final faculty chair position, and a cure

period that ends on September 1, 2019.

61.
61. The University admits that it has not yet appointed the final faculty chair, and

denies all other allegations in Paragraph 61.

62.
62. The University admits that, as stated in Section 5.1(b) of the Grant Agreement, it

shall deliver annual written reports to the Foundation, and denies the allegations in Paragraph 62

to the extent they mischaracterize, vary from, or are otherwise inconsistent with the terms of the

Grant Agreement.

63.
63. Denied.

64.
64. Denied.

65.
65. The University admits that it has not hired a Grants Administrator because the

function has been accomplished by available University resources.

66.
66. The University admits that the Initial Operating Plan set forth in Exhibit C of the

Grant Agreement estimates that the University would develop strategies for additional

fundraising between September 1, 2016, and June 30, 2017, and denies the allegations in

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Paragraph 66 to the extent they mischaracterize, vary from, or are otherwise inconsistent with the

terms of the Grant Agreement.

67.
67. Denied.

68.
68. The University admits that Section 5.1(c) of the Grant Agreement states that the

University agrees to cause the Dean of the Harris School and the Institute Director of the Pearson

Institute to meet at least semi-annually with the Donor. The University denies the allegations in

Paragraph 68 to the extent they mischaracterize, vary from, or are otherwise inconsistent with the

terms of the Grant Agreement.

69.
69. Denied.

70. The University admits that Section 5.1(d) of the Grant Agreement states that the

University shall extend invitations to the Donor, its officers and its designated representatives for

events and activities taking place at the Pearson Institute or the Pearson Forum, and denies the

allegations in Paragraph 70 to the extent they mischaracterize, vary from, or are otherwise

inconsistent with the terms of the Grant Agreement.

71. The University admits that the Institute held numerous events during the 2016-
2016–

Institute’s website, and that the University
2017 school year, that events have been posted on the Institute's

extended invitations to the Pearson family to some events during the 2016-2017
2016–2017 and 2017-2018
2017–2018

school years. The University denies all other allegations in Paragraph 71.

72. The University admits that Section 3.1(b) of the Grant Agreement provides that

within 30 days of learning that the University has failed to meet any Founding Obligation or has

breached any Maintenance Obligation, the University shall report to the Foundation such failure

or breach and the plan and timetable for curing that failure or breach. The University denies the

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allegations in Paragraph 72 to the extent they mischaracterize, vary from, or are otherwise

inconsistent with the terms of the Grant Agreement.

73. Denied.

74. The University admits Section 4.3 of the Grant Agreement provides that the

University shall create and maintain a website dedicated solely to the Institute, which shall

promote the purpose, mission and activities of the Institute, including the Forum, and shall

launch such website no later than September 1, 2016. The University denies the allegations in

Paragraph 74 to the extent they mischaracterize, vary from, or are otherwise inconsistent with the

terms of the Grant Agreement.

75. The University admits that the Institute’s
Institute's website launched in the Spring of 2017,

and denies all other allegations in Paragraph 75.

76. The University admits that Section 4.4 of the Grant Agreement provides that the

University will develop and consult with the Donor regarding a logo for the Institute and Forum

University’s Visual Identity standards, as in effect from time to time, which
consistent with the University's

shall be subject to the reasonable approval of the Donor, and that the Initial Operating Plan set

forth in Exhibit C of the Grant Agreement estimated that the University would create visual

identity, branding, and signage for Pearson Institute and Pearson Forum temporary space

between July 2015 and June 2016. The University denies the allegations in Paragraph 74 to the

extent they mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant

Agreement.

77. The University admits that an identity and branding plan for the Institute and

Forum were completed in the summer of 2016 and admits that the New Jersey Ad Club

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conferred certain awards for "The
“The Pearson Institute Visual Style Guide"
Guide” and the "The
“The Pearson

Institute Brand Book."
Book.” The University denies all other allegations in Paragraph 77.

78.
78. Denied.

79.
79. The University admits that it appointed two University leaders to the Advisory

Council and that Section 3.5(a) of the Grant Agreement provides that the Advisory Council will

provide advice to the Dean of the Harris School and to the Institute Director regarding the

Pearson Institute and the Pearson Forum and that the Advisory Council will provide advocacy

and philanthropic support for the Institute and Forum. The University denies the allegations in

Paragraph 79 to the extent they mischaracterize, vary from, or are otherwise inconsistent with the

terms of the Grant Agreement, and denies all other allegations in Paragraph 79.

80.
80. The University admits that Section 3.5(a) of the Grant Agreement provides that

the Advisory Council will provide advocacy and philanthropic support for the Institute and

Forum, denies the allegations in Paragraph 80 to the extent they mischaracterize, vary from, or

are otherwise inconsistent with the terms of the Grant Agreement, and denies all other

allegations in Paragraph 80.

81.
81. Denied.

82.
82. Denied.

Count I
(Breach of Contract)

83.
83. The University incorporates by reference its answers to Paragraph 1-82
1–82 above as

if fully set forth herein.

84.
84. Paragraph 84 contains characterizations, legal arguments, or conclusions of law to

which no response is required.

85.
85. Denied.

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86.
86. Denied.

87.
87. The University denies the allegations in Paragraph 87 and in the Prayer for Relief,

and denies that the Foundation is entitled to any relief.

Count II
(Breach of Fiduciary Duty)

88.
88. The University incorporates by reference its answers to Paragraph 1-87
1–87 above as

if fully set forth herein.

89.
89. Paragraph 89 contains characterizations, legal arguments, or conclusions of law to

which no response is required. To the extent a response is required, the University denies the

allegations in Paragraph 89.

90.
90. Denied.

91.
91. Denied.

92.
92. Denied.

93.
93. Denied.

94.
94. Denied.

95.
95. The University denies the allegations in Paragraph 95 and in the Prayer for Relief,

and denies that the Foundation is entitled to any relief.

Count III
(Fraudulent Concealment)

96.
96. The University incorporates by reference its answers to Paragraph 1-95
1–95 above as

if fully set forth herein.

97.
97. Denied.

98.
98. Denied.

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99.
99. The University admits that since his June 2016 appointment to the position of The

Reverend Dr. Richard L. Pearson Professor of Global Conflict Studies and Faculty Director, The

Pearson Institute for the Study and Resolution of Global Conflicts, which is the Institute Director

as defined by Section 3.2(a) of the Grant Agreement, Professor Robinson's
Robinson’s position has

remained unchanged. The University denies all other allegations in paragraph 99.

100.
100. Denied.

101.
101. The University admits that, as stated in Section 5.1(a) of the Grant Agreement, the

University will keep the Donor reasonably informed of its progress in recruiting the initial and

any subsequent Institute Director, Forum Executive Director, and the Faculty Chairs in the

Pearson Institute. The University denies the allegations in Paragraph 101 to the extent they

mischaracterize, vary from, or are otherwise inconsistent with the terms of the Grant Agreement,

and denies all other allegations in Paragraph 101.

102.
102. Denied.

103.
103. Denied.

104.
104. Denied.

105.
105. Denied.

106. The University denies the allegations in Paragraph 106 and in the Prayer for
106.

Relief, and denies that the Foundation is entitled to any relief.

Count IV
(Breach of Duty of Good Faith and Fair Dealing)

107.
107. The University incorporates by reference its answers to Paragraph 1-106
1–106 above as

if fully set forth herein.

108.
108. Paragraph 108 contains characterizations, legal arguments, or conclusions of law

to which no response is required.

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109.
109. Denied.

110. The University denies the allegations in Paragraph 110 and in the Prayer for
110.

Relief, and denies that the Foundation is entitled to any relief.

Count V
(Anticipatory Repudiation)

111.
111. The University incorporates by reference its answers to Paragraph 1-110
1–110 above as

if fully set forth herein.

112.
112. The University admits that Exhibit A of the Grant Agreement states that the due

date for the first Pearson Forum is October 31, 2018, with a cure period that ends on October 31,

2020. The University denies the allegations in Paragraph 112 to the extent they mischaracterize,

vary from, or are otherwise inconsistent with the terms of the Grant Agreement.

113.
113. Denied.

114.
114. Denied.

115. The University denies the allegations in Paragraph 115 and in the Prayer for
115.

Relief, and denies that the Foundation is entitled to any relief.

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AFFIRMATIVE DEFENSES

The University pleads the following affirmative defenses based on the information

available to it at this time. The University reserves the right to amend its Answer and to add

additional defenses not presented here, including but not limited to those defenses revealed

during discovery. Without admitting or acknowledging that the University bears the burden of

proof as to any of the following, based upon information and belief, the University asserts the

following:

First Defense
(Failure to State a Claim)

116.
116. As detailed in the University's
University’s Motion to Dismiss for Failure to State and Claim

Foundation’s claims are barred in whole or in part because each
and accompanying brief, the Foundation's

fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6).

Second Defense
Foundation's Failure to Perform)
(The Foundation’s

117.
117. The Foundation's
Foundation’s claims are barred in whole or in part by failure to perform its

obligations under the Grant Agreement.

118.
118. The Foundation has not given timely notice of some or all of the alleged breaches.

119.
119. As detailed in the University's
University’s counterclaim, the Foundation and Thomas L.

Pearson have materially breached the Grant Agreement by failing to pay the installment payment

due on June 30, 2017.

120.
120. The Foundation's
Foundation’s failure to perform excuses any claimed nonperformance of the

University’s obligations under the Grant Agreement.
University's

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Third Defense
(Limitations of Liability)

121.
121. The Foundation's
Foundation’s claimed damages are limited in whole or in part by provisions

limiting liability in the Grant Agreement.

122.
122. Article 6 contains provisions limiting the University's
University’s liability under the

Agreement.

123.
123. Among other limitations, Section 6.4 of the Grant Agreement permits the

Foundation to demand a full refund only after the Foundation terminates the Agreement based on

breach of a Founding Obligation.

124.
124. Among other limitations, Section 6.6 of the Grant Agreement prohibits the

Foundation from seeking other remedies available under applicable law for the University's
University’s

alleged wrongdoing until after the expiration of specified time periods.

Fourth Defense
Foundation’s Unclean Hands)
(The Foundation's

125.
125. The Foundation's
Foundation’s claims are barred in whole or in part by the doctrine of unclean

hands.

126.
126. As detailed in the University's
University’s counterclaim, the Foundation has materially

breached the Grant Agreement by failing to pay the installment payment due on June 30, 2017.

127.
127. The Foundation's
Foundation’s uncured material breach of the Grant Agreement leaves it with

unclean hands, precluding some or all of the relief sought in the Foundation's
Foundation’s complaint.

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Fifth Defense
(The Foundation’s
Foundation's Acquiescence and Waiver)

128.
128. The Foundation has acquiesced to some or all conduct alleged to be a breach of

the Grant Agreement and has waived its claims in whole or in part, including but not limited to

the following.

129.
129. With respect to the appointment of the final faculty chair, the Foundation agreed

that the appointment need not be made by September 1, 2017, as set forth in the Grant

Agreement.

130.
130. With respect to the appointment of a Grants Administrator, the Foundation agreed

that the University could perform the grant-related functions and the Institute therefore did not

need to hire and fund this position.

131.
131. Institute’s website, the parties agreed to extend the time
With respect to the Institute's

allotted for the website launch. The parties also mutually agreed to Timothy Pearson's
Pearson’s request to

take a substantial role in the project.

132.
132. With respect to the Institute's
Institute’s logo, the parties mutually agreed to Timothy

Pearson’s request to take a substantial role in the project after the Foundation, through Thomas
Pearson's

and Timothy Pearson, rejected the University's
University’s proposed logos.

133.
133. With respect to the first annual Forum, the Foundation proposed and agreed that

the due date for the first Forum should be postponed by one year until October 31, 2019.

Sixth Defense
(Estoppel)

134.
134. The doctrine of estoppel bars the Foundation's
Foundation’s claims in whole or in part.

135.
135. The Foundation was aware of and acquiesced to conduct it complains of in its

complaint.

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136.
136. The University relied on the Foundation's
Foundation’s acquiescence to this conduct and

adjusted its behavior accordingly.

137.
137. The Foundation is estopped from pursuing claims related to the conduct to which

it acquiesced.

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Dated: April 5, 2018 Respectfully submitted,

/s/ Jeffrey A. Hall
/s/
Jeffrey A. Hall
Rebecca Weinstein Bacon
Taylor A.R. Meehan
BARTLIT
BARTLIT BECK
BECK HERMAN
HERMAN PALENCHAR
PALENCHAR
&S COTT LLP
SCOTT
54 West Hubbard Street, Suite 300
Chicago, Illinois 60654
t: (312) 494-4440
f: (312) 494-4440
jeffrey.hall@bartlit-beck.com
rweinstein.bacon@bartlit-beck.com
taylor.meehan@bartlit-beck.com

Andrew C. Baak
BARTLIT
BARTLIT BECK
BECK HERMAN
HERMAN PALENCHAR
PALENCHAR
&SSCOTT
COTT LLP
1801 Wewatta Street, Suite 1200
Denver, Colorado 80202
t: (303) 592-3100
f: (303) 592-3140
andrew.baak@bartlit-beck.com

And

William S. Leach, OBA #14892
Jessica L. Dickerson, OBA #21500
McAfee & Taft, a Professional Corporation
Williams Center Tower II
Two West Second Street, Suite 1100
Tulsa, Oklahoma 74103
Telephone: (918) 587-0000
Facsimile: (918) 599-9317
Email: bill.leach@mcafeetaft.com
jessica.dickerson@mcafeetaft.com

Counsel for Defendant,
The University of Chicago

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Case 4:18-cv-00099-GKF-FHM Document 28 Filed in USDC ND/OK on 04/05/18 Page 21 of 21

CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of April, 2018, I electronically transmitted the
attached document to the Clerk of Court using the ECF System for filing. Based on the records
currently on file, the Clerk of Court will transmit a Notice of Electronic Filing to the following
registrants:

P. Scott Hathaway
Isaac R. Ellis
4000 One Williams Center
Tulsa, Oklahoma 74172
Attorneys for Plaintiffs

/s/ Jeffrey A. Hall
/s/
Jeffrey A. Hall

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