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Kirk of the Hills - Legal Documents

DateDocument as PDFas Text (html)
2006 Aug 16 Petition to the Court Combined Petition & Response
2006 Dec 18 Eastern Oklahoma Presbytery's Response Combined Petition & Response
2007 Jan 22 Kirk's Motion for Summary Judgment with Exhibits MSJ + Exhibits
2007 Feb 05 Eastern Oklahoma Presbytery's Request for Documents RFD
2007 Mar 06 EOP's Administrative Report of Kirk of the Hills AC Reports (n/a yet)

Kirk of the Hills News Links

Blog 07Mar08 07Feb01 06Dec27 06Oct27 06Oct24 06Sep18 06Sep15 06Aug31 06Aug28 06Aug17 06Apr12

NOTE: List of Churches leaving/left PCUSA, etc. blog: PCUSA Troubles

EOP's Request for Documents

Defendant Eastern Oklahoma Presbytery's First Interrogatories

and First Request for Production of Documents to Plaintiff

Pursuant to 12 O.S. §§ 3233 and 3235, Defendant Eastern Oklahoma Presbytery ("EOP") hereby submits its First Set of Interrogatories and First Request for Documents to Plaintiff Kirk of the Hills Corporation. Plaintiff's responses to these Interrogatories and Request for Production of Documents are to be served upon EOP's counsel in accordance withe the Oklahoma Discovery Code with thirty (30) days after the date of service of these Interrogatories and Request for Production. EOP requests that Plaintiff produce and permit EOP to inspect and copy the below-described documents which are in Plaintiff's possession, custody or control on the 9th day of March, 2007, at 10:00 am, at the offices of Crowe & Dunlevy, 321 South Boston, Suite 500, Tulsa, Oklahoma, or at such time and location as the parties agree.


Definitions

  1. The term "you" and "your" shall refer to Kirk of the Hills Corporation and all affiliated organizations or entities, any predecessors in interest, and all of the present officers, employees, directors, agents, accountants, investigators, attorneys, or other representatives or persons authorized to act on their behalf.
  2. The term "document" shall be synonymous in meaning and equal in scope to the usage of that term in 12 O.S. § 3234 and shall include every kin of physical representation, recording, communication or data, including without limitation, all materials and tangible objects conveying or carrying any kind of meaning whether in graphic form for visual inspection or in machine-readable form, including every kind of written, printed, typed or graphic matter, including film, microfilm, magnetic or other visual or sound recordings or electronic communications, however produced or reproduced. "Documents" shall include all documents as defined above in your possession, custody or control or subject to your custody or control, available to you wherever such documents are located, including without limitation, documents submitted to your accountants, or attorneys or submitted by your accounts, or attorneys to you.
  3. The term "factual basis" means all statements, actions, documents, or other factual matters which may either directly or inferentially support the belief, contention, opinion or conclusion with regard to which the factual basis is requested to be given. An interrogatory requesting you to state the "factual basis" of a given subject means to give a detailed statement, separately itemizing each evidentiary fact of which you are aware and intend to prove at trial in support of the belief, contention, opinion, or conclusion for which the factual basis is requested. "Factual basis" does not refer to ultimate or conclusory facts, but to each and every evidentiary fact giving rise to your belief, contention, opinion or conclusion.
  4. The term "person" means an individual, corporation, partnership, association or any other organization or entity, including governmental entities, domestic or foreign.
  5. The term "identify" or "identity," in reference to a natural person, means to give the full legal name and the present or last known business and home address and phone numbers of the individual whose identity is sought.
  6. The term "identify" or "identity," in reference to a corporation, partnership, or other entity, means to give the full name of the entity, its present or last known address and telephone number of its officers, agents, employees or other representatives who are knowledgeable regarding the subject matter of the interrogatory in which the corporation, partnership or other entity is requested to be identified.
  7. The term "communication" means any oral or written communication or contact between two or more persons, including without limitation, written contact by such means as letter, memorandum, telegram, telex, handwritten notes, electronic mail or other communications via computers, and oral contact, heard or overhead by such means as telephone calls, face-to-face discussions, meeting, radio conversations, and every other mode of transferring thought or ideas between persons.
  8. The term "Tract A" means the real property located in Tulsa County which is described and identified as Tract A in Plaintiff's Motion for Summary Judgment filed January 22, 2007
  9. The term "Tract B" means the real property located in Tulsa County which is described and identified as Tract B in Plaintiff's Motion for Summary Judgment filed January 22, 2007
  10. The term "Tract C" means the real property located in Tulsa County which is described and identified as Tract C in Plaintiff's Motion for Summary Judgment filed January 22, 2007
  11. The term "Personal Property" means all the personal property you claim owership of and for which you sekk a declaratory judgment in Plaintiff's Motion for Summary Judgment filed January 22, 2007
  12. The term "relating to" shall mean, in whole or in part, referring to, constituting, concerning, containing, mentioning, embodying, discussing, reflecting, dealing with, analyzing, or otherwise pertaining to the subject matter of the interrogatory or document request.

Instructions

  1. Unless otherwise specifically stated, any word written in the singular shall also be construed as plural and any word written in the plural shall also be construed as singular. Where necessary to facilitate complete answers, references to one gender shall also include the other, references to the past tense shall also include the present and vice versa. Use of the word "including" or any form thereof shall be construed without limitation.
  2. Where interrogatories or document requests cannot be answered in full, they shall be answered or responded to as completely as possible, and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and whatever knowledge, information or belief is possessed with respect ot each unanswered or incompletely answered interrogatory or document request.
  3. In the event that you object to producing any document or responding to any interrogatory hereunder on the ground that such document or answer is protected by any privilege, you shall provide, with respect to each such document or answer, the following information:
    1. the privilege claimed;
    2. the name(s) of the author(s), the person(s) to whom the document or communication was directed and the name(s) of all other persons known to have received or reviewed the document or known to have participated in the communication;
    3. the general subject matter of the document or communication; and
    4. the date of the document or communication.
  4. Where facts set forth in your answers or responses or portions thereof are supplied upon information and belief, rather than actual knowledge, so state and specifically describe or identify the source of such information and belief. If any estimate can reasonable be made in place of unknown information and belief. If any estimate can be reasonably be made in place of unknown information, and describe the basis upon which the estimate is made. If you cannot answer an interrogatory in full or respond in full to a document request after exercising due diligence to secure the information requested, so state and answer to the fullest extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the answered portion.
  5. These interrogatories and document requests shall be deemed continuing pursuant to 12 O.S. § 3326(E) and require, without further request from EOP, additional and supplemental answers from you if, at any time between the time the answers to these interrogatories and document requests are served and the time of trial, you obtain or acquire from any source any additional knowledge, information, or belief pertaining to the subject matter of any interrogatory or document request.
  6. Unless otherwise specified in a particular interrogatory or request for production, the time period covered by these discovery requests shall be from January 1, 1961 to the present.

Interrogatories

Interrogatory No 1: Identify all members of Kirk of the Hills, United Presbyterian, and all predecessor churches and successor churches (including Kirk of the Hills Presbyterian Church; Kirk of the Hills, United Presbyterian, Tulsa Oklahoma; Kirk of the Hills Church) as of each of the following dates:

  1. January 1, 2005;
  2. January 1, 2006;
  3. August 1, 2006; and
  4. January 1, 2007

Interrogatory No 2: Identify each and every item of personal property of which you claim ownership and for which you seek a declaratory judgment in Plaintiff's Motion for Summary Judgment filed January 22, 2007.

Interrogatory No 3: State the factual basis for you assertion that neither EOP nor Presbyterian Church (U.S.A.) has any authority over or interest in Tract A, Tract B, Tract C and the Personal Property.

Interrogatory No 4: State the factual basis for you assertion that the authority over or interest in Tract A, Tract B, Tract C and the Personal Property of EOP or Presbyterian Church (U.S.A.) in accordance with the Book of Order has been renounced or terminated.

Interrogatory No 5: Identify each and every lender or entity that has a mortgage, pledge, security interest, or collateral interest covering, in whole or part, Tract A, Tract B, Tract C and the Personal Property.

Interrogatory No 6: Identify each and every person who has, or claims to have, a legal or beneficial interest in Tract A, Tract B, Tract C and the Personal Property and identify the interest or claimed interest each person has or asserts.


Request for Production

Request No. 1 All documents identified in response to your answers to interrogatories, with each document segregated as to the relevant interrogatory.

Request No. 2 All documents reviewed or referred to in preparing your answers to interrogatories

Request No. 3 All documents relating to or reflecting your acquisition and financing of Tract A.

Request No. 4 All documents relating to or reflecting your acquisition and financing of Tract B.

Request No. 5 All documents relating to or reflecting your acquisition and financing of Tract C.

Request No. 6 All documents relating to or reflecting your acquisition and financing of Personal Property.

Request No. 7 All documents relating to or reflecting communication of any kind between you and Eastern Oklahoma Presbytery concerning Tract A, Tract B or Tract C during the period from January 1, 1961 to August 31, 2006.

Request No. 8 All documents relating to or reflecting communication of any kind between you and United Presbyterian Church in the U.S.A. concerning Tract A, Tract B or Tract C during the period from January 1, 1961 to August 31, 2006.

Request No. 9 All documents relating to or reflecting communication of any kind between you and Presbyterian Church (U.S.A.) concerning Tract A, Tract B or Tract C during the period from January 1, 1961 to August 31, 2006.

Request No. 10 All documents relating to or reflecting communication of any kind between you and Presbytery of Tulsa concerning Tract A, Tract B or Tract C during the period from January 1, 1961 to August 31, 2006.

Request No. 11 All title insurance policies, title opinions and other documents relating to or reflecting the ownership of legal and equitable title to Tract A.

Request No. 12 All title insurance policies, title opinions and other documents relating to or reflecting the ownership of legal and equitable title to Tract B.

Request No. 13 All title insurance policies, title opinions and other documents relating to or reflecting the ownership of legal and equitable title to Tract C.

Request No. 14 Any and all correspondence or documents reflecting communication between you and Eastern Oklahoma Presbytery during the period from January 1, 2001 to the present date.

Request No. 15 Any and all correspondence or documents reflecting communication between you and Presbyterian Church (U.S.A.) during the period from January 1, 2001 to the present date.

Request No. 16 Your Certificate of Incorporation in 1961 and any and all amendments of the Certificate of the Certificate of Incorporation.

Request No. 17 Your Articles of Incorporation in 1961 and any and all amendments and restatements of the Articles of the Certificate of Incorporation.

Request No. 18 Your Bylaws as adopted in 1961 and any and all amendments and restatements of the Bylaws.

Request No. 19 Any current and former employment agreements between Kirk of the Hills Corporation and Tom Gray.

Request No. 20 Any current and former employment agreements between Kirk of the Hills Corporation and Wayne Hardy.

Request No. 21 All documents reflecting, identifying or listing the members of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 22 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 23 All documents reflecting, identifying or listing the elders of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 24 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 25 All documents reflecting, identifying or listing the directors of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 26 All documents reflecting, identifying or listing the officers of the Kirk of the Hills Corporation from January 1, 1961 to the present date.

Request No. 27 All documents reflecting, identifying or listing the members of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 28 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 29 All documents reflecting, identifying or listing the elders of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 30 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 31 All documents reflecting, identifying or listing the directors of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 32 All documents reflecting, identifying or listing the officers of the Kirk of the Hills Church from January 1, 1961 to the present date.

Request No. 33 All documents reflecting, identifying or listing the members of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 34 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 35 All documents reflecting, identifying or listing the elders of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 36 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 37 All documents reflecting, identifying or listing the directors of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 38 All documents reflecting, identifying or listing the officers of the Kirk of the Hills Presbyterian Church, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 39 All documents reflecting, identifying or listing the members of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 40 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 41 All documents reflecting, identifying or listing the elders of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 42 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 43 All documents reflecting, identifying or listing the directors of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 44 All documents reflecting, identifying or listing the officers of the Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 1961 to the present date.

Request No. 45 All documents reflecting, identifying or listing the members of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 46 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 47 All documents reflecting, identifying or listing the elders of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 48 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 49 All documents reflecting, identifying or listing the directors of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 50 All documents reflecting, identifying or listing the officiers of the Kirk of the Hills United Presbyterian Church in the U.S.A. from January 1, 1961 to the present date.

Request No. 51 All documents reflecting, identifying or listing the members of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 52 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 53 All documents reflecting, identifying or listing the elders of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 54 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 55 All documents reflecting, identifying or listing the directors of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 56 All documents reflecting, identifying or listing the officers of the Kirk of the Hills, United Presbyterian from January 1, 1961 to the present date.

Request No. 57 All documents reflecting, identifying or listing the members of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 58 All documents reflecting, identifying or listing the shareholders of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 59 All documents reflecting, identifying or listing the elders of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 60 All documents reflecting, identifying or listing the trustees of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 61 All documents reflecting, identifying or listing the directors of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 62 All documents reflecting, identifying or listing the officers of the Kirk of the Hills Foundation from January 1, 1961 to the present date.

Request No. 63 All minutes, memoranda or reports of any meeting of the Session of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 64 All minutes, memoranda or reports of any meeting of the Congregation of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 65 All minutes, memoranda or reports of any meeting of the Shareholders of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 66 All minutes, memoranda or reports of any meeting of the Elders of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 67 All minutes, memoranda or reports of any meeting of the Trustees of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 68 All minutes, memoranda or reports of any meeting of the Officers of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 69 All minutes, memoranda or reports of any meeting of the Directors of the Kirk of the Hills Presbyterian Church from January 1, 2001 to the present date.

Request No. 70 All minutes, memoranda or reports of any meeting of the Session of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 71 All minutes, memoranda or reports of any meeting of the Congregation of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 72 All minutes, memoranda or reports of any meeting of the Shareholders of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 73 All minutes, memoranda or reports of any meeting of the Elders of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 74 All minutes, memoranda or reports of any meeting of the Trustees of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 75 All minutes, memoranda or reports of any meeting of the Officers of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 76 All minutes, memoranda or reports of any meeting of the Directors of the Kirk of the Hills Corporation from January 1, 2001 to the present date.

Request No. 77 All minutes, memoranda or reports of any meeting of the Session of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 78 All minutes, memoranda or reports of any meeting of the Congregation of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 79 All minutes, memoranda or reports of any meeting of the Shareholders of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 80 All minutes, memoranda or reports of any meeting of the Session of the Elders of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 81 All minutes, memoranda or reports of any meeting of the Trustees of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 82 All minutes, memoranda or reports of any meeting of the Officers of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 83 All minutes, memoranda or reports of any meeting of the Directors of the Kirk of the Hills, United Presbyterian or Kirk of the Hills, United Presbyterian, Tulsa, Oklahoma from January 1, 2001 to the present date.

Request No. 84 All minutes, memoranda or reports of any meeting of the Session of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 85 All minutes, memoranda or reports of any meeting of the Congregation of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 86 All minutes, memoranda or reports of any meeting of the Shareholders of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 87 All minutes, memoranda or reports of any meeting of the Elders of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 88 All minutes, memoranda or reports of any meeting of the Trustees of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 89 All minutes, memoranda or reports of any meeting of the Officers of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 90 All minutes, memoranda or reports of any meeting of the Directors of the Kirk of the Hills Church from January 1, 2001 to the present date.

Request No. 91 All documents relating to the granting of a mortgage, pledge, or security interest in and to Tract A by Kirk of the Hills Corporation, or its predecessor in interest, during the period from January 1, 1961 to the present date.

Request No. 92 All documents relating to the granting of a mortgage, pledge, or security interest in and to Tract B by Kirk of the Hills Corporation, or its predecessor in interest, during the period from January 1, 1961 to the present date.

Request No. 93 All documents relating to the granting of a mortgage, pledge, or security interest in and to Tract C by Kirk of the Hills Corporation, or its predecessor in interest, during the period from January 1, 1961 to the present date.

Request No. 94 All documents relating to the granting of a mortgage, pledge, or security interest in and to Personal Property by Kirk of the Hills Corporation, or its predecessor in interest, during the period from January 1, 1961 to the present date.


Certificate of Service

This is to certify that on this 5th day of February, 2007, true and correct copies of the within and forgoing document where hand delivered to: ...

Thursday, March 22, 2007

RFD document as text DONE

Ready for corrections!

1 comment:

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