Discovery process begins in lawsuit
by Alana Abramson
Staff writer
News | 10/20/09
Posted online at 4:10 AM EST on 10/20/09
The first hearing for the lawsuit concerning the Rose Art Museum took place last Tuesday, during which Judge Jeremy A. Stahlin ruled that the plaintiffs had legal standing to proceed with their case and begin the discovery process.
The attorney general has also obtained a civil investigative demand to investigate all University documents pertaining to the Rose, Edward T. Dangel, the lawyer for the plaintiffs, said in a phone interview with the Justice.
Emily LaGrassa, the communications director for Attorney General Martha Coakley, wrote in an Oct. 13 e-mail to the Justice that Stahlin has allowed the plaintiffs to remain a part of the lawsuit in order to show that "their gifts to the Rose should be returned to them under theories known as equitable reversion and fraud."
The lawsuit, filed on July 27 by Rose overseers Jonathan Lee, Meryl Rose and Lois Foster, seeks to maintain the Rose collection by stating that the University's decision to close it and sell its paintings would violate museum ethical codes.
The lawsuit also states that the University's decision violates its commitment to the Rose family to maintain the museum solely as a public museum.
Two trial dates were set at the hearing for June 29 and July 1, 2010, LaGrassa wrote in her Oct. 13 e-mail.
LaGrassa confirmed in an e-mail to the Justice that the attorney general's office requested and received a civil investigative demand at the hearing on Tuesday, which opened the office's official investigation into the University's possible sale of art.
LaGrassa wrote that Brandeis is cooperating with this investigation and that she could not comment further.
Lee explained last week after the hearing that such an investigation enabled the attorney general's office to obtain all documents pertaining to the Rose and that the University would have to contact the office to give them a minimum of 30 days' notice before selling art.
Dangel said that he considers this investigation a significant event in the case.
The attorney general has also obtained a civil investigative demand to investigate all University documents pertaining to the Rose, Edward T. Dangel, the lawyer for the plaintiffs, said in a phone interview with the Justice.
Emily LaGrassa, the communications director for Attorney General Martha Coakley, wrote in an Oct. 13 e-mail to the Justice that Stahlin has allowed the plaintiffs to remain a part of the lawsuit in order to show that "their gifts to the Rose should be returned to them under theories known as equitable reversion and fraud."
The lawsuit, filed on July 27 by Rose overseers Jonathan Lee, Meryl Rose and Lois Foster, seeks to maintain the Rose collection by stating that the University's decision to close it and sell its paintings would violate museum ethical codes.
The lawsuit also states that the University's decision violates its commitment to the Rose family to maintain the museum solely as a public museum.
Two trial dates were set at the hearing for June 29 and July 1, 2010, LaGrassa wrote in her Oct. 13 e-mail.
LaGrassa confirmed in an e-mail to the Justice that the attorney general's office requested and received a civil investigative demand at the hearing on Tuesday, which opened the office's official investigation into the University's possible sale of art.
LaGrassa wrote that Brandeis is cooperating with this investigation and that she could not comment further.
Lee explained last week after the hearing that such an investigation enabled the attorney general's office to obtain all documents pertaining to the Rose and that the University would have to contact the office to give them a minimum of 30 days' notice before selling art.
Dangel said that he considers this investigation a significant event in the case.
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