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Below is the Order of the Court.
1 2 3 4 5 6 7 8 9 10 In re: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Upon the motion, dated June 12, 2012 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of
EX PARTE - ORDER GRANTING MOTION TO TRANSFER - 1
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_________________________ Karen A. Overstreet U.S. Bankruptcy Judge

(Dated as of Entered on Docket date above)
_________________________________________________________________
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO EX PARTE - ORDER GRANTING MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)
THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S. and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

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Washington to the United States Bankruptcy Court for the Southern District of New York; and upon the memorandum of law, dated June 12, 2012 in support thereof; and authorities and argument that have been presented to this Court; and it appearing to the Court that the Motion is one properly brought under the provisions of 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure; and it further appearing that the transfer of the abovecaptioned adversary proceeding will facilitate the economical and efficient administration of the Debtors estate; and good cause appearing therefore; it is hereby ORDERED, ADJUDGED, AND DECREED that the clerk of the court is hereby
9 directed to transfer above-captioned adversary proceeding from the United States Bankruptcy 10 11 12 13 14 15 Presented by: 16 17 18 19 20 21 22 23 24 25
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Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division). Nothing in this Order prevents the debtor or any other party from filing a motion to remand this adversary proceeding. \\\ End of Order \\\
PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle

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1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants. THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs,
THE HONORABLE KAREN A. OVERSTREET
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO DECLARATION OF NO OBJECTION
I, MICHAEL A. PATTERSON, states and declares as follows: 1. I am over eighteen (18) years of age, competent to testify, and make this
declaration based on my personal knowledge or well informed belief. I am an attorney of record for Corporation of the Catholic Archbishop of Seattle in the above-referenced matter.
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DECLARATION OF NO OBJECTION - 1
192201.doc PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

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2.
As required by Rule 9013-1(f) of the Local Bankruptcy Rules for the Western
District of Washington, I further state: a. The Archdioceses Motion to Transfer Related Cases from the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) was served on June 12, 2012. b. No objection to the Archdioceses Motion was timely received.
I hereby certify under penalty of perjury of the laws of the State of Washington that the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

foregoing is true and correct.
DATED this 25th day of September, 2012. PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone:(206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com
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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO CERTIFICATE OF SERVICE
I hereby certify that on September 25, 2012, I served the foregoing Order Granting Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated:
25
CERTIFICATE OF SERVICE - 1

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Attorneys for Plaintiffs Michael T. Pfau Pfau Cochran Vertetis Amala PLLC Columbia House 403 Columbia Street, Suite 500 Seattle, WA 98104 Facsimile: (206) 623-3624 Telephone: (206) 462-4335 Attorneys for Debtor Scott S. Markowitz Tarter Krinsky & Drogin LLP 1350 Broadway, 11th Floor New York, NY 10018 Facsimile: (212) 216-8001 Telephone: (212) 216-8000 Congregation of Christian Brothers Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804 Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Brother Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
___/s/ Lee P. Gray__________________ Lee P. Gray Patterson Buchanan Fobes & Leitch, Inc., P.S.
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U.S. Bankruptcy Court, Washington Western LIVE Database V4.2
https://ecf.wawb.uscourts.gov/cgi-bin/DktRpt.pl?813767475640092-L_1_0-1
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U.S. Bankruptcy Court Western District of Washington (Seattle) Adversary Proceeding #: 12-01397-KAO
Assigned to: Karen A. Overstreet Demand: Nature[s] of Suit: 01 Determination of removed claim or cause
Date Filed: 05/23/12
Plaintiff ----------------------R.A.
represented by Jason P Amala Pfau Cochran Vertetis Amala 701 5th Avenue Suite 4730 Seattle, WA 98104 206-462-4339 Email: jason@pcvalaw.com Michael T Pfau Pfau Cochran Vertetis Kosnoff, PLLC 403 Columbia St Ste 500 Seattle, WA 98104 206-462-4335 Email: michael@pcvalaw.com
Plaintiff ----------------------D.S.
represented by Jason P Amala (See above for address) Michael T Pfau (See above for address)
Plaintiff ----------------------J.D.
represented by Jason P Amala (See above for address) Michael T Pfau (See above for address)
V. Defendant ----------------------Corporation of the Catholic Archbishop of Seattle, a sole corporation represented by Karen A Kalzer Patterson Buchanan Fobes Leitch & Kalzer 2112 3rd Avenue Suite 500 Seattle, WA 98121 206-462-6700 Fax : 206-462-6701 Email: kak@pattersonbuchanan.com Michael A Patterson Patterson Buchanan Fobes Leitch & Kalzer 2112 Third Avenue, #500 Seattle, WA 98121 206-462-6701 Fax : 206-462-6700 Email: map@pattersonbuchanan.com
Defendant
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----------------------Congregation of Christian Brothers
represented by Congregation of Christian Brothers PRO SE
Defendant ----------------------Congregation of Christian Brothers-North American Province dba Western Province dba Eastern Province dba American Province
represented by Congregation of Christian Brothers-North American Province PRO SE
Cross-Claimant ----------------------Corporation of the Catholic Archbishop of Seattle, a sole corporation represented by Michael A Patterson (See above for address)
V. Cross Defendant ----------------------Congregation of Christian Brothers
represented by Congregation of Christian Brothers PRO SE
Cross Defendant ----------------------Congregation of Christian Brothers-North American Province
represented by Congregation of Christian Brothers-North American Province PRO SE
Filing Date
Docket Text Adversary case 12-01397. Notice of Removal of Case 12-2-08141-7 from King County Superior Court to the United States Bankruptcy Court, Western District of Washington. Fee Amount $ 293 (Attachments: # 1 Exhibit A) Nature of Suit: (01 (Determination of removed claim or cause)) (Patterson, Michael) (Entered: 05/23/2012 at 13:23:21) Receipt of filing fee for Notice of Removal of Case(12-01397-KAO) [notice,1358] ( 293.00). Receipt number 15554482. Fee amount $ 293.00. (U.S. Treasury) (Entered: 05/23/2012 at 13:25:11) 2 ORDER in Removed Action. (JLB) (Entered: 05/25/2012 at 13:48:46) Affidavit of Service of Notice of Removal (Related document(s)1 Notice of Removal of Case)... Filed by Michael A Patterson of Patterson Buchanan Fobes Leitch & Kalzer on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 05/25/2012 at 13:57:53) BNC Certificate of Notice (Related document(s)2 Order GENERIC). Notice Date 05/27/2012. (Admin.) (Entered: 05/27/2012 at 21:35:36) Answer to Complaint and, Crossclaim by Corporation of the Catholic Archbishop of Seattle against Congregation of Christian Brothers, Congregation of Christian Brothers-North American Province.. Filed by Michael A Patterson of Patterson Buchanan Fobes Leitch & Kalzer on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 05/30/2012 at 15:48:00) Affidavit of Service (Related document(s)5 Answer to Complaint, Crossclaim)... Filed by Michael A Patterson of Patterson Buchanan Fobes Leitch & Kalzer on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 05/30/2012 at 15:50:39) Motion to Transfer Adversary Case to Another District from the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of NY (White Plains Division) with Notice of Hearing. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle The Hearing date is set for 7/6/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206. Response due
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by 6/29/2012. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Pleading Memorandum of Law# 4 Notice of Hearing # 5 Proposed Order) (Patterson, Michael) (Entered: 06/12/2012 at 10:58:38) Report of Proceedings in Removed Action. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit Certification of Counsel) (Patterson, Michael) (Entered: 06/13/2012 at 11:31:20) Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Patterson, Michael. Related document 7 (Entered: 07/02/2012 at 12:02:02) Submitted But Not Entered (Related document(s)7 Motion to Transfer Adversary Case to Another District). (Attachments: # 1 Exhibit - Motion to Transfer Adversary Case to Another District # 2 Exhibit - Motion to Transfer Adversary Case to Another District # 3 Proof of Service - Motion to Transfer Adversary Case to Another District) (RQC) (Entered: 07/03/2012 at 16:34:30) Scheduling Order--ORDER Setting a Hearing on Motion to Transfer Adversary Case to Another District (Related document(s)7 Motion to Transfer Adversary Case to Another District). The Hearing date is set for 7/20/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206.. (RQC) (Entered: 07/03/2012 at 16:36:52) Minutes. Hearing Not Held. Scheduling order entered on 7-3-2012 (related document(s): 7 Motion to Transfer Adversary Case to Another District from the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of NY (White Plains Division) with Notice of Hearing. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle) Continued Hearing scheduled for 07/20/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206. (PAJ ) (Entered: 07/05/2012 at 11:06:51) BNC Certificate of Notice (Related document(s)11 Scheduling Order). Notice Date 07/05/2012. (Admin.) (Entered: 07/05/2012 at 21:37:08) Affidavit of Service of Court's Scheduling Order (Related document(s)11 Scheduling Order). Proof of Service. Filed by Michael A Patterson of Patterson Buchanan Fobes Leitch & Kalzer on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 07/06/2012 at 12:40:58) Letter To and Subject: Request for Continuance (Related document(s)11 Scheduling Order). Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 07/12/2012 at 13:31:38) ORDER Continuing Hearing (Related document(s) 7 Motion to Transfer Adversary Case to Another District). The Hearing date is set for 8/31/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206.. (JPK) (Entered: 07/13/2012 at 14:23:44) Affidavit of Service of Court Order Continuing Hearing (Related document(s)15 Scheduling Order). Proof of Service. Filed by Michael A Patterson of Patterson Buchanan Fobes Leitch & Kalzer on behalf of Corporation of the Catholic Archbishop of Seattle. (Patterson, Michael) (Entered: 07/17/2012 at 14:46:11) Minutes. Hearing Not Held. (related document(s): 7 Motion to Transfer Adversary Case to Another District filed by Corporation of the Catholic Archbishop of Seattle) Michael A Patterson Continued Hearing scheduled for 08/31/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206. (PAJ ) (Entered: 07/19/2012 at 10:03:59) Minutes. Hearing Not Held. (related document(s): 7 Motion to Transfer Adversary Case to Another District from the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of NY (White Plains Division).. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle, 11 Scheduling Order) Continued Hearing scheduled for 08/31/2012 at 09:30 AM at Judge Overstreet's Courtroom, U.S. Courthouse, Room 7206. (PAJ ) (Entered: 07/19/2012 at 10:39:48) Notice to Court of Intent to Argue. Date of Hearing: 8/31/2012. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle. (Related document(s)7 Motion to Transfer Adversary Case to Another District, 15 Scheduling Order). (Patterson, Michael) (Entered: 08/27/2012 at 11:04:47) Notice to Court Requesting Continuance of Hearing on Motion - from: Date of Hearing: 08/31/2012 at 9:30 am. to: 9/28/2012 at 9:30 am. Filed by Michael A Patterson on behalf of Corporation of the Catholic Archbishop of Seattle. (Related document(s)7 Motion to Transfer Adversary Case to Another District, Minutes Hearing Held, Minutes Hearing Held, Notice to Court of Intent to Argue). (Patterson, Michael) (Entered: 08/27/2012 at 15:05:07) Minutes. Hearing Not Held. (related document(s): 15 ORDER Continuing Hearing (Related document(s) 7 Motion to Transfer Adversary Case to Another District) Continued Hearing scheduled for 09/28/2012 at 09:30 AM at Judge
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Notice of
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NOTICE OF REMOVAL - 1
12-2-08141-7 SEA 185112.doc PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820 (RDD) Southern District of New York (Jointly Administered)
THE CHRISTIAN BROTHERS INSTITUTE, et al.. Debtors. R.A., D.S., and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) NOTICE OF REMOVAL
TO: THE CLERK OF THE COURT, UNITED STATES BANKRUPTCY COURT, WESTERN DISTRICT OF WASHINGTON
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AND TO: COUNSEL FOR ALL PARTIES IN THE ABOVE-CAPTIONED STATE COURT CIVIL ACTION AND TO: THE CLERK OF THE COURT, SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY Pursuant to 28 U.S.C. 1452(a), 157(a), and 1334, Rule 9027 of the Federal Rules of Bankruptcy Procedure, Rule 101(e) of the Local Civil Rules of the United States District Court for the Western District of Washington, and Local Bankruptcy Rule 9027-1 of the United States Bankruptcy Court for the Western District of Washington, the defendant in the abovecaptioned action, Corporation of the Catholic Archbishop of Seattle (Archdiocese), by counsel, hereby submits this notice of removal, and in support thereof, respectfully states as follows: 1. On April 28, 2011 (the Petition Date), The Christian Brothers Institute and
The Christian Brothers of Ireland (collectively, Debtors) each filed cases under title 11 of chapter 11 of the U.S. Code in the United States Bankruptcy Court for the Southern District of New York. (Chapter 11 Case No. 11-22820, Jointly Administered (Honorable Robert D. Drain)).
16 2. 17 R.A., D.S., and J.D. v. Corporation of the Catholic Archbishop of Seattle, et al., Case No. 12-218 19 20 21 22 23 24 25

After the Petition Date, a state court civil action (the Civil Action) captioned
08141-7 SEA, was filed in the Superior Court of the State of Washington, King County (the State Court). 3. Pursuant to Bankruptcy Rule 9027(a)(1), a copy of process and pleadings in the
Civil Action is annexed hereto as Exhibit A. Further, in accordance with Bankruptcy Rules 9027(b) and 9027(c), the Archdiocese will serve a copy of this Notice of Removal on all parties to the Civil Action and will file a copy of this Notice of Removal with the clerk for the Superior Court of the State of Washington, for the County of King.
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4.
The Civil Action, including all claims and causes of action asserted therein, is
not a civil proceeding before the United States Tax Court or a civil action to enforce a government units police or regulatory power. 5. The Civil Action was brought by the above-captioned plaintiffs who seek
damages against the Archdiocese and other various Christian Brothers entities that are in some way affiliated and/or related to one or both of the Debtors. These damages are based upon alleged tortious conduct committed by individuals affiliated with the Debtors. 6. Currently pending before the U.S. Bankruptcy Court for the Southern District of
New York are four separate actions filed by other plaintiffs against the Archdiocese; Congregation of the Brothers of the Christian Schools of Ireland; Congregation of the Christian Brothers; Congregation of Christian Brothers of Ireland; Congregation of Christian BrothersBrother Rice Province; Eastern Province-Congregation of Christian Brothers f/k/a Congregation of Christian Brothers-North American Province; Congregation of Christian Brothers-North American Province a/k/a Western Province; and Christian Brothers Institute. These actions are K.A., et al. v. Corporation of the Catholic Archbishop of Seattle, et al., King County Case No. 09-2-39247-1 filed as Adversary Proceeding No. 11-08321 (RDD), L.W., et
16 al. v. Corporation of the Catholic Archbishop of Seattle, et al., King County Case No. 09-217 23995-9 filed as Adversary Proceeding No. 11-08317 (RDD), F.C. et al. v. Corporation of the 18 19 20 21 22 23 24 25 Catholic Archbishop of Seattle, et al., King County Case No. 11-2-40601-6 SEA, filed as Adversary Proceeding No. 12-08239 (RDD), and W.D. v. Corporation of the Catholic Archbishop of Seattle, et al., King County Case No. 11-2-40600-8 SEA, filed as Adversary Proceeding No. 12-08238 (RDD). 7. The Civil Action is a civil proceeding relating to the Debtors Chapter 11 case
and, thus, removal of the Civil Action to the Bankruptcy Court is authorized by 28 U.S.C. 1452, 1334, and 157. The U.S. Bankruptcy Court for the Southern District of New York has jurisdiction over the causes of action asserted in the Civil Action under 28 U.S.C. 1334.

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These claims are related to the Debtors bankruptcy case. See Calumet Natl Bank v. Levine, 179 B.R. 117, 120 (N.D. Ind. 1995) (stating that [a] proceeding is related to a bankruptcy case when it may potentially affect the bankruptcy estate.) 8. Further, the Civil Action is related to the Debtors Chapter 11 case, within the
meaning of 28 U.S.C. 1334, because the claims asserted and the relief sought therein interfere with the Debtors ability to reorganize and will directly affect any distribution to creditors in the Debtors Chapter 11 case. 9. Pursuant to 28 U.S.C. 1452, removal to this Court is proper because it is the
district court for the district where [plaintiffs] civil action is pending. The Bankruptcy Court is a unit of the District Court and pursuant to Local Rule 101(e) of the U.S. District Court for the Western District of Washington, removal to the Bankruptcy Court is proper. 10. The Civil Action is related to the Debtors Chapter 11 case and constitutes a
core proceeding within the meaning of 28 U.S.C. 157(b)(2)(A) and (B). 11. This Notice of Removal is filed within thirty (30) days after receipt of a copy of
the Complaint setting forth the claim or cause of action seeking to be removed. Removal is in accordance with Rule 9027 of the Federal Rules of Bankruptcy Procedure. 16 12. 17 18 19 20 21 22 23 24 25

Consent of co-defendants, if any, is not necessary for removal under 28 U.S.C.
1452. See Cal. Pub. Empl. Ret. Sys. V. Worldcom, Inc., 368 F.3d 86 (2nd Cir. 2004). WHEREFORE, the Archdiocese removes the Civil Action pending in the State Court under Case No. 12-2-08141-7 SEA to the U.S. Bankruptcy Court for the Western District of Washington and should be referred to the U.S. Bankruptcy Court for the Southern District of New York.
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DATED this 23 day of May, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S.
By: /s/ Michael A. Patterson__________ Michael A. Patterson, WSBA No. 7976 map@pattersonbuchanan.com Karen A. Kalzer, WSBA No. 25429 kak@pattersonbuchanan.com 2112 Third Avenue, Suite 500 Seattle, WA 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Attorneys for the Corporation of the Catholic Archbishop of Seattle Party-In-Interest
12-2-08141-7 SEA 185112.doc
PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

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11-22820-rdd DocMay 25, 2012 05/23/12 Entered 10/10/12 13:39:23 Entered on Docket 460-3 Filed Removed Action - Doc. 2 Pg 1 of 2
Order in
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

_________________________________________________________________
Karen A. Overstreet Bankruptcy Judge United States Courthouse 700 Stewart Street, Suite 6301 Seattle, WA 98101 206-370-5330 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE
In re The Christian Brothers Institute, et al, Case No. 11-22820 (RDD) (U.S. Bankruptcy Court for the Southern District of New York)
18 19 20 21 22 23 24 25 26 27 Order - 1 28
Debtor(s). R.A., D.S. J.D., Adv. No. 12-01397
Plaintiffs, v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian BrothersNorth American Province, a/k/a Western Province, a/k/a Eastern
ORDER IN REMOVED ACTION
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Order in
1 2 3 4 5 6 7 8
Province, a/k/a American Province; Defendants.
To: Counsel filing notice of removal in the above-captioned matter You have filed a notice of removal seeking to remove the case entitled R.A., D.S., and J.D. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers-North American Province a/k/a Western Province, a/k/a Eastern Province a/k/a American Province, pending in the Superior Court of the
9 10 11 12 13 14 15 16 17 18
State of Washington for King County, case no. 12-2-08141-7 SEA, to this Court. Removal of an action is subject to Fed.R.Bankr.P. 9027 and Rule 9027-1, Local Bankruptcy Rules Western District of Washington. NOW, THEREFORE, it is hereby ordered as follows: 1. You are required to serve the notice of removal on all parties to the removed action, pursuant to Fed.R.Bankr.P. 9027(b). Proof of such service shall be filed with this Court by no later than Wednesay, June 6, 2012. The proof of service shall indicate the (i) name and address of each party to the removed action; and (ii) whether each party has been served with process in
19 20 21 22 23
the removed action. If service has not been perfected prior to removal, you must request a summons to be issued by this Court. See Fed.R.Bankr.P. 9027(f). 3. Local Bankruptcy Rule 9027-1(c) requires you to file a Report of Proceedings with this Court within 20 days of the notice of removal.
24 25 26 27 Order - 2 28
///END OF ORDER///
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Affidavit of
1 2 3 4 5 6 7 8 In re: 9 10 11 12 13 14 15 16 17 18 19 20 21 \\ 22 23 24 25
AFFIDAVIT OF SERVICE - 1
12-2-08141-7 SEA 185855 PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820 (RDD) Southern District of New York (Jointly Administered) Adversary Proceeding No. 12-01397-KAO No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) AFFIDAVIT OF SERVICE
THE CHRISTIAN BROTHERS INSTITUTE, et al. Debtors. R.A., D.S., and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
\\ \\ \\
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Affidavit of
1 2 3 4 5 6 COUNTY OF KING STATE OF WASHINGTON )
AFFIDAVIT OF SERVICE
ss.; )
Lee P. Gray, being duly sworn, affirms, deposes and says: I am over the age of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
12-2-08141-7 SEA 185855 PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

eighteen years, I am employed by Patterson Buchanan Fobes Leitch & Kalzer, P.S., Inc. and I am not a party to the action herein. On May 25, 2012 I caused to be served true copies of the Notice of Removal by causing true and correct copies to be served via First Class Mail upon those parties as listed on the attached service list. /s/ Lee P. Gray______________ Lee P. Gray
Sworn to before me this 25nd day of May, 2012 /s/ Jan Smith______________ Jan Smith Notary Public, State of Washington No. 41607 Qualified in Pierce County Commission Expires November 21, 2013
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12-2-08141-7 SEA 185855
Service List R.A., D.S., and D.J., c/o Michael Pfau Pfau Cochran Vertetis Amala 403 Columbia Street, Suite 500 Seattle, WA 98104 Congregation of Christian BrothersNorth American Province A/K/A Western Province A/K/A Eastern Province A/K/A American Province c/o Br. Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201 The Honorable Mary Yu King County Superior Court 516 3rd Ave, Room C-203 Seattle, WA 98104
Congregation of Christian Brothers c/o Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804

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United States Bankruptcy Court Western District of Washington
BNC
R.A., Plaintiff Corporation of the Catholic Archbishop o, Defendant

District/off: 0981-2 User: judyb Form ID: pdfltd
Adv. Proc. No. 12-01397-KAO
CERTIFICATE OF NOTICE
Page 1 of 2 Total Noticed: 2 Date Rcvd: May 25, 2012
Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on May 27, 2012. aty +Michael Pfau, Pfau Cochran Vertetis Kosnoff, PLLC, 701 Fifth Avenue, Suite 4730, Seattle, WA 98104-7074 Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. ust +E-mail/Text: USTPREGION18.SE.ECF@USDOJ.GOV May 26 2012 01:21:35 United States Trustee, 700 Stewart St Ste 5103, Seattle, WA 98101-4438 TOTAL: 1 dft dft ***** BYPASSED RECIPIENTS (undeliverable, * duplicate) ***** Congregation of Christian Brothers Congregation of Christian Brothers-North American TOTALS: 2, * 0, ## 0 Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP.
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.
Date: May 27, 2012
Signature:
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District/off: 0981-2
User: judyb Form ID: pdfltd
Page 2 of 2 Total Noticed: 2
Date Rcvd: May 25, 2012
The following persons/entities were sent notice through the courts CM/ECF electronic mail (Email) system on May 25, 2012 at the address(es) listed below: Jason P Amala on behalf of Plaintiff D.S. jason@pcvalaw.com, cariana@pcvalaw.com;angela@pcvalaw.com;bernadette@pcvalaw.com Karen A Kalzer on behalf of Defendant Corporation of the Catholic Archbishop of Seattle kak@pattersonbuchanan.com, axf@pattersonbuchanan.com Michael A Patterson on behalf of Defendant Corporation of the Catholic Archbishop of Seattle map@pattersonbuchanan.com, lpg@pattersonbuchanan.com TOTAL: 3
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BNC
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

_________________________________________________________________
In re The Christian Brothers Institute, et al, Case No. 11-22820 (RDD) (U.S. Bankruptcy Court for the Southern District of New York)
18 19 20 21 22 23 24 25 26 27 Order - 1 28
Debtor(s). R.A., D.S. J.D., Adv. No. 12-01397
Plaintiffs, v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian BrothersNorth American Province, a/k/a Western Province, a/k/a Eastern
ORDER IN REMOVED ACTION
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Province, a/k/a American Province; Defendants.
To: Counsel filing notice of removal in the above-captioned matter You have filed a notice of removal seeking to remove the case entitled R.A., D.S., and J.D. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers-North American Province a/k/a Western Province, a/k/a Eastern Province a/k/a American Province, pending in the Superior Court of the
9 10 11 12 13 14 15 16 17 18
State of Washington for King County, case no. 12-2-08141-7 SEA, to this Court. Removal of an action is subject to Fed.R.Bankr.P. 9027 and Rule 9027-1, Local Bankruptcy Rules Western District of Washington. NOW, THEREFORE, it is hereby ordered as follows: 1. You are required to serve the notice of removal on all parties to the removed action, pursuant to Fed.R.Bankr.P. 9027(b). Proof of such service shall be filed with this Court by no later than Wednesay, June 6, 2012. The proof of service shall indicate the (i) name and address of each party to the removed action; and (ii) whether each party has been served with process in
19 20 21 22 23
the removed action. If service has not been perfected prior to removal, you must request a summons to be issued by this Court. See Fed.R.Bankr.P. 9027(f). 3. Local Bankruptcy Rule 9027-1(c) requires you to file a Report of Proceedings with this Court within 20 days of the notice of removal.
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///END OF ORDER///
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Answer and
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
HONORABLE KAREN A. OVERSTREET UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
ANSWER AND CROSS-CLAIMS Defendant, Corporation of the Catholic Archbishop of Seattle (Archdiocese), a corporation sole, and in answer to Plaintiffs Complaint for Damages, hereby admits, denies and alleges as follows:
Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered)
No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO
I. INTRODUCTION 1.1 In answer to Paragraph 1.1 of Plaintiffs Complaint, regarding claims of sexual
abuse, defendant Archdiocese is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same. Defendant Archdiocese specifically denies
DEFENDANT ARCHDIOCESES ANSWER, AFFIRMATIVE DEFENSES AND CROSS-CLAIMS -1

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custody and control of these individuals or that any Christian Brother was acting under supervision or control of the Archdiocese. 1.2 In answer to Paragraph 1.2 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations stated therein and therefore denies the same. 1.3 In answer to Paragraph 1.3 of Plaintiffs Complaint, defendant Archdiocese
admits it owned portions of Briscoe Memorial School (Briscoe). Defendant Archdiocese further admits that it entered into an agreement with the Christian Brothers (the Christian
9 Brothers as used herein is a collective reference to the following organizations: Congregation 10 11 12 13 14 15 16 17 18 directed to defendant Archdiocese, the Archdiocese makes no answer thereto. 19 20 21 22 23 24 25
12-2-08141-7 SEA 185470.doc
of Christian Brothers, Congregation of Christian Brothers-North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province) regarding Briscoe; the terms for such speak for themselves. In answer to the remaining allegations in Paragraph 1.3 of Plaintiffs Complaint, defendant Archdiocese is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same. 1.4 In answer to Paragraph 1.4 of Plaintiffs Complaint, defendant Archdiocese
denies the allegations stated therein. To the extent the allegations in Paragraph 1.4 are not
1.5
In answer to Paragraph 1.5 of Plaintiffs Complaint, defendant Archdiocese
denies the allegations stated therein. To the extent the allegations in Paragraph 1.5 are not directed to defendant Archdiocese, the Archdiocese makes no answer thereto. \\ \\

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1 2 3 4 5 6 7 8 2.3 9 10 11 12 13 14 15 16 17 18 2.1
II. PARTIES In answer to Paragraph 2.1 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. 2.2 In answer to Paragraph 2.2 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. In answer to Paragraph 2.3 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. 2.4 In answer to Paragraph 2.4 of Plaintiffs Complaint, defendant Archdiocese
admits it is a sole, non-profit corporation with its principal place of business located in King County, Washington and it owned portions of Briscoe. In further answer, defendant
Archdiocese admits that it entered into an agreement with the Christian Brothers regarding control, management, and supervision of Briscoe, the terms for such speak for themselves. As to the remainder of the allegations contained in Paragraph 2.4, the terms and phrases owned, operated, managed and controlled call for legal conclusions, and as such are referred to the
19 20 21 22 23 24 25

Court, and therefore, defendant Archdiocese makes no answer thereto. As to any remaining allegations contained in paragraph 2.4, defendant Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same.
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2.5
The allegations contained in Paragraph 2.5 of Plaintiffs Complaint are not
directed to this defendant and as such, this defendant makes no answer thereto. To the extent any allegations in Paragraph 2.5 are directed to defendant Archdiocese, it is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same. 2.6 The allegations contained in Paragraph 2.6 of Plaintiffs Complaint are not
directed to this defendant and as such, this defendant makes no answer thereto. To the extent any allegations in Paragraph 2.6 are directed to defendant Archdiocese, it is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same.
9 2.7 10 11 12 13 14 15 16 17 18 III. JURISDICTION & VENUE 19 20 21 22 23 24 25

12-2-08141-7 SEA 185470.doc
The allegations contained in Paragraph 2.7 of Plaintiffs Complaint are not
directed to this defendant and as such, this defendant makes no answer thereto. To the extent any allegations in Paragraph 2.7 are directed to defendant Archdiocese, it is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same. 2.8 The allegations contained in Paragraph 2.8 of Plaintiffs Complaint are not
directed to this defendant and as such, this defendant makes no answer thereto. To the extent any allegations in Paragraph 2.8 are directed to defendant Archdiocese, it is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same.
3.1
admits that its primary administrative offices are located in King County, Washington. To the extent the allegations contained in Paragraph 3.1 of Plaintiffs Complaint calls for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. As to any remaining allegations contained in Paragraph 3.1, defendant Archdiocese is without

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knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. 3.2 To the extent the allegations contained in Paragraph 3.2 of Plaintiffs Complaint,
calls for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. As to any remaining allegations contained in Paragraph 3.2, defendant
Archdiocese is without knowledge or information sufficient to from a belief as to the truth of the allegations contained therein and, therefore, denies the same. IV. STATEMENT OF FACTS
9 4.1 10 11 12 13 14 15 16 17 18 legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer 19 20 21 22 23 24 25
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admits that the Diocese of Nisqually opened Briscoe Memorial School in roughly 1908 to care for needy and troubled orphans. 4.2 In answer to Paragraph 4.2 of Plaintiffs Complaint, defendant Archdiocese
admits the same. 4.3 In answer to Paragraph 4.3 of Plaintiffs Complaint, defendant Archdiocese
admits it entered into a contract with the Christian Brothers dated March 2, 1914, the document of which speaks for itself. To the extent the allegations contained in Paragraph 4.3 calls for a
thereto. To the extent any allegations in Paragraph 4.3 are directed to defendant Archdiocese, it is without knowledge or information sufficient to form a belief as to their truth and therefore denies the same. 4.4 In answer to Paragraph 4.4 of Plaintiffs Complaint, defendant Archdiocese
admits that it owned portions of Briscoe. Defendant Archdiocese admits that it entered into an

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agreement with the Christian Brothers regarding control, management, operation, and supervision of Briscoe, the terms for such speak for themselves. Defendant Archdiocese is prejudiced by the passage of time and the inability to obtain direct information from persons with knowledge of the truth of falsity of Plaintiffs allegations. Certain individuals with knowledge of the truth or falsity of Plaintiffs allegations are believed to be deceased. The Archdiocese is further prejudiced by the broad nature of the allegations that appear to span over a fifty (50) year period and, as such, defendant Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and,
9 therefore, denies the same. 10 11 12 13 14 15 16 17 18 without knowledge or information sufficient to form a belief as to the truth of the allegations 19 20 21 22 23 24 25
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4.5
admits it entered into a contract with the Christian Brothers regarding control, management, and supervision of Briscoe, the terms for such speak for themselves. As to any remaining allegations contained in Paragraph 4.5, defendant Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. 4.6 In answer to Paragraph 4.6 of Plaintiffs Complaint, defendant Archdiocese is
contained therein and, therefore, denies the same. In further answer, defendant Archdiocese is prejudiced by the passage of time, which precludes the Archdiocese from obtaining information from individuals with direct knowledge of the truth or falsity of Plaintiffs allegations. Certain individuals with knowledge of the truth or falsity of Plaintiffs allegations are believed to be deceased. The Archdiocese is further prejudiced by the broad nature of the allegations that

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appear to span over a fifty (50) year period. Additionally, the allegations contained therein are so vague that the Archdiocese lacks sufficient information to admit or deny the allegations, and therefore denies the same. To the extent the allegations contained in Paragraph 4.6 are not directed to defendant Archdiocese, the Archdiocese makes no answer thereto. 4.7 In answer to Paragraph 4.7 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. To the extent the allegations contained in Paragraph 4.7 are not directed to defendant Archdiocese, the Archdiocese makes no answer
9 thereto. 10 11 12 13 14 15 16 17 18 other evidence, such evidence speaks for itself. To the extent the allegations contained in 19 20 21 22 23 24 25
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4.8
In answer to Paragraph 4.8 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. In further answer, defendant Archdiocese is prejudiced by the passage of time, which precludes the Archdiocese from obtaining information from individuals with direct knowledge of the truth or falsity of Plaintiffs allegations. Certain individuals with knowledge of the truth or falsity of Plaintiffs allegations are believed to be deceased. To the extent factual allegations therein are derived from documents, testimony, or
Paragraph 4.8 are not directed to defendant Archdiocese, the Archdiocese makes no answer thereto. 4.9 In answer to Paragraph 4.9 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. To the extent factual allegations therein are

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derived from documents, testimony, or other evidence, such evidence speaks for itself. To the extent the allegations contained in Paragraph 4.9 are not directed to defendant Archdiocese, the Archdiocese makes no answer thereto. 4.10 In answer to Paragraph 4.10 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. To the extent factual allegations therein are derived from documents, testimony, or other evidence, such evidence speaks for itself. To the extent the allegations contained in Paragraph 4.10 are not directed to defendant Archdiocese,
9 the Archdiocese makes no answer thereto. 10 11 12 13 14 15 16 17 18 4.12 19 20 21 22 23 24 25


4.11
admits that a study was completed by a non-Archdiocesan public entity. As to the remainder of the allegations herein, the Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. In further answer, defendant Archdiocese is prejudiced by the passage of time, as individuals with direct knowledge of the truth or falsity of the remaining allegations are believed to be deceased. Any documents referenced by Plaintiffs speak for themselves. In answer to Paragraph 4.12 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. In further answer, defendant Archdiocese is prejudiced by the passage of time, as individuals with direct knowledge of the truth or falsity of the remaining allegations are believed to be deceased. Any documents referenced by Plaintiffs
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speak for themselves.
To the extent the allegations contained in Paragraph 4.12 are not
directed to defendant Archdiocese, the Archdiocese makes no answer thereto. 4.13 In answer to Paragraph 4.13 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same.
9 4.15 10 11 12 13 14 15 16 17 18 contained therein and, therefore, denies the same. 19 20 21 22 23 24 25


In answer to Paragraph 4.15 of Plaintiffs Complaint, defendant Archdiocese is
without knowledge or information sufficient to form a belief as to the truth of the allegations
V. CAUSES OF ACTION 5.1 In answer to Paragraph 5.1 of Plaintiffs Complaint, defendant Archdiocese
incorporates all relevant prior responses and, to the extent this paragraph requires any separate or additional response, denies the same.
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5.2
specifically denies the allegations therein. To the extent the allegations contained in Paragraph 5.2 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto. 5.3 In answer to Paragraph 5.3 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. To the extent the allegations contained in Paragraph 5.3 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto.
9 5.4 10 11 12 13 14 15 16 17 18 specifically denies the allegations therein. To the extent the allegations contained in Paragraph 19 20 21 22 23 24 25
DEFENDANT ARCHDIOCESES ANSWER, AFFIRMATIVE DEFENSES AND CROSS-CLAIMS - 10
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specifically denies the allegations therein. To the extent the allegations contained in Paragraph 5.4 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto. 5.5 In answer to Paragraph 5.5 of Plaintiffs Complaint, defendant Archdiocese
incorporates all relevant prior responses and, to the extent this paragraph requires any separate or additional response, denies the same. 5.6 In answer to Paragraph 5.6 of Plaintiffs Complaint, defendant Archdiocese
5.6 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto. 5.7 In answer to Paragraph 5.7 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. The Archdiocese further states that with regard to policies and procedures regarding the allegations of sexual abuse, the Archdiocese of Seattle

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was, and still is, a recognized leader among religious organizations in trying to protect and heal victims of such abuse and addressing concerns over detection of pedophilia. To the extent the allegations contained in Paragraph 5.7 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto. 5.8 In answer to Paragraph 5.8 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. 5.9 To the extent that the allegations in Paragraph 5.9 of Plaintiffs Complaint are
directed to defendant Archdiocese, defendant Archdiocese is without knowledge or information 9 sufficient to form a belief as to the truth of the allegations contained therein and, therefore, 10 11 12 13 14 15 16 17 18 incorporates all relevant prior responses and, to the extent this paragraph requires any separate 19 20 21 22 23 24 25

denies the same. To the extent the allegations contained in Paragraph 5.9 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto. 5.10 In answer to Paragraph 5.10 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. 5.11 In answer to Paragraph 5.11 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. 5.12 In answer to Paragraph 5.12 of Plaintiffs Complaint, defendant Archdiocese
or additional response, denies the same. 5.13 In answer to Paragraph 5.13 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the same. To the extent the allegations in Paragraph 5.13 are not directed to defendant Archdiocese, the Archdiocese makes no answer thereto.
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denies all the allegations therein. In addition, the terms and phrases, actual and apparent agents call for a legal conclusion, and as such, are referred to the Court and therefore, defendant Archdiocese makes no answer thereto. 5.15 In answer to Paragraph 5.15 of Plaintiffs Complaint, defendant Archdiocese
denies all the allegations therein. To the extent the allegations contained in Paragraph 5.15 call for a legal conclusion, defendant Archdiocese refers same to the Court and makes no answer thereto.
9 5.16 10 11 12 13 14 15 16 17 18 denies the same. 19 20 21 22 23 24 25

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incorporates all relevant prior responses and, to the extent this paragraph requires any separate or additional response, denies the same. 5.17 To the extent the allegations contained in Paragraph 5.17 of Plaintiffs
Complaint calls for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. To the extent the remaining allegations in Paragraph 5.17 are directed to defendant Archdiocese, defendant Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore,
5.18
To the extent the allegations contained in Paragraph 5.18 of Plaintiffs
Complaint call for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. Defendant Archdiocese specifically denies having any knowledge of the alleged violations of Chapter 9.68A RCW and therefore, denies having violated Chapter 9.68A RCW. Defendant Archdiocese further denies Plaintiffs are entitled to an award of

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attorneys fees and costs against defendant Archdiocese, pursuant to RCW 9.68A.130. To the extent the remaining allegations in Paragraph 5.18 are directed to defendant Archdiocese, the Archdiocese is without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, denies the same. 5.19 In answer to Paragraph 5.19 of Plaintiffs Complaint, defendant Archdiocese
incorporates all relevant prior responses and, to the extent this paragraph requires any separate or additional response, denies the same. 5.20 In answer to Paragraph 5.20 of Plaintiffs Complaint, defendant Archdiocese
9 specifically denies the allegations therein. To the extent the allegations contained in Paragraph 10 11 12 13 14 15 16 17 18 6.1 19 20 21 22 23 24 25
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5.20 call for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. 5.21 In answer to Paragraph 5.21 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein. To the extent the allegations contained in Paragraph 5.21 call for a legal conclusion, defendant Archdiocese refers the same to the Court and makes no answer thereto. VI. PRAYER FOR RELIEF In answer to Paragraph 6.1 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein, and further denies that Plaintiffs are entitled to the relief sought in their Prayer for Relief against defendant Archdiocese. 6.2 In answer to Paragraph 6.2 of Plaintiffs Complaint, defendant Archdiocese
specifically denies the allegations therein, and further denies that Plaintiffs are entitled to the relief sought in their Prayer for Relief against defendant Archdiocese.

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Defendant Archdiocese denies any allegations not expressly admitted herein. VII. AFFIRMATIVE DEFENSES
BY WAY OF FURTHER ANSWER and without waiving any allegations previously denied, the following affirmative defenses are asserted: 1. 2. 3. The Plaintiffs claims are barred by the applicable statute of limitations. The Plaintiffs claims are barred by the doctrine of laches. To the extent that the Plaintiffs allege inappropriate conduct by the alleged
Christian Brothers Perpetrators, any such acts were outside the scope of his duties, 9 responsibilities, and mission as a Christian Brother. 10 11 12 13 14 15 16 17 18 7. 19 20 21 22 23 24 25

4.
Damages, if any, sustained by the Plaintiffs were proximately caused by their
own actions or omissions so as to bar or reduce recovery herein. 5. Damages, if any, sustained by the Plaintiffs were proximately caused by persons
other than defendant Archdiocese and for whom defendant Archdiocese has no responsibility, either direct or vicarious. 6. Damages, if any, were caused in whole or in part by other non-parties at fault,
including the State of Washington and King County. Damages, if any, sustained by the Plaintiffs must be segregated from those
caused by the intentional misconduct of others. 8. 9. Plaintiffs have failed to mitigate their damages. Plaintiffs damages, if any, were proximately caused by an intervening cause,
which was the superseding cause of the alleged damages.
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10.
Plaintiffs have failed to join necessary parties without whom complete relief
cannot be granted. 11. Pursuant to the laws of the state of Washington, defendant Archdiocese is
entitled to an allocation of fault under the determination of proportionate share of entities/individuals causing damages if recovery is sought. 12. Plaintiffs claims touch on issues of the nature, extent and administration of the
religious ministry, including application of Canon Law to the service of priests and clergy and, therefore, are barred from consideration and/or are not actionable in this forum pursuant to the
9 mandates of the United States and Washington State Courts and additional provisions regarding 10 11 12 13 14 15 16 17 18 Constitution and United States Constitution. 19 20 21 22 23 24 25
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separation of church and state. 13. Plaintiffs have failed to state a claim against defendant Archdiocese upon which
relief can be granted. 14. In the event these Plaintiffs have filed a petition for bankruptcy, this State Court
has no jurisdiction over this claim. 15. 16. The imposition of punitive damages is not recognized under Washington law. The imposition of punitive damages would violate the Washington State
VIII. DEFENDANT ARCHDIOCESES CROSS-CLAIMS A. 1. FIRST CAUSE OF ACTION: FRAUD Defendant Archdiocese references the allegations set forth in Plaintiffs
Complaint, and incorporates all admissions, denials, and allegations in the Archdioceses Answer to Plaintiffs Complaint as set out in all the preceding paragraphs.

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2.
Representation of Existing Fact: The Christian Brothers repeatedly represented,
as fact, that they possessed no knowledge of alleged abusers who had previously engaged in sexual misconduct with children and/or of their dangerous propensities, yet were brought to work in the Seattle Archdiocese at Briscoe Memorial School. Defendant Christian Brothers acted in concert to conceal and suppress their knowledge concerning the known dangerous propensities of such alleged abusers. The Christian Brothers made false representations
regarding existing material facts to the Archdiocese, specifically including but not limited to the following:
9 2.1 10 11 12 13 14 15 16 17 18 Brothers concealed and suppressed that abuse or knowledge of the abusers dangerous 19 20 21 22 23 24 25
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In 1954, a Christian Brother who was believed to have abused children at Briscoe was allowed to remain at Briscoe where ten years later the Christian Brothers noted that this Brother should not be permitted to return and that he keeps certain boys with himself. The handling of this Brother was never shared with the Archdiocese.
3.
Materiality:
The Christian Brothers misrepresentations regarding their
knowledge and information that alleged abusers at Briscoe had previously engaged in sexual misconduct with children and/or knew of their dangerous propensities, and that the Christian
propensities, were material because the Seattle Archdiocese would not have entered into a joint defense agreement and/or would not have listed and provided for the Christian Brothers liability insurance coverage if they had known of this knowledge. 4. Falsity: The representation that the Christian Brothers possessed no knowledge
or additional information that showed the alleged abusers had either previously engaged in

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sexual misconduct with children and/or knew of the abusers dangerous propensities was false, as was the representation that the Christian Brothers had no evidence that showed they had concealed and suppressed the alleged abuse or knowledge. As the Archdiocese only learned after several lawsuits and numerous discovery productions, the Christian Brothers did in fact have this knowledge and information, but they simply chose not to disclose that information or knowledge prior to the Archdioceses agreement regarding settlements and liability insurance coverage. 5. Knowledge of Falsity: The Christian Brothers knew or should have known that
9 their representation that they had no knowledge or additional information that showed the 10 11 12 13 14 15 16 17 18 misrepresentations when the Archdiocese entered into their joint defense agreement with them 19 20 21 22 23 24 25
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alleged abusers had either previously engaged in sexual misconduct with children and/or knew of the abusers dangerous propensities was false. They also knew or should have known that their representation that they had no evidence showing that they had concealed and suppressed that sexual abuse and/or dangerous propensities was false. They knew or should have known that these representations were false because they produced evidence after the Archdiocese entered into a joint defense agreement and provided for liability insurance coverage. 6. Intent: The Christian Brothers intended that the Archdiocese rely upon their
and provided for liability insurance coverage because they knew that they would not agree to the split in monetary responsibility, the joint defense, or coverage of liability insurance if they maintained that they had no knowledge or information regarding the abusers previous alleged engagement in sexual misconduct with children or such dangerous propensities, and that no evidence existed regarding their concealment or suppression of that knowledge. The Christian

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Brothers intended that joint defense agreement terms and liability insurance coverage would reflect the statements that the Christian Brothers had no knowledge or information showing that the abusers had previously allegedly engaged in sexual misconduct with children or showed such dangerous propensities, and that they had no evidence showing that they had concealed and suppressed that knowledge. 7. Archdioceses Ignorance of Falsity: The Archdiocese had no idea that the
Christian Brothers were making false representations when they repeatedly indicated that they had no knowledge or information showing that the abusers had allegedly engaged in sexual
9 misconduct with children or showing such dangerous propensities, and that they had no 10 11 12 13 14 15 16 17 18 dangerous propensities, as well as their concealment and suppression, and the Archdioceses 19 20 21 22 23 24 25
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evidence that showed the Christian Brothers had concealed and covered-up that alleged misconduct. This is particularly true where the Archdiocese did not have access to the internal records of the Christian Brothers and such evidence should have been produced upon requested discovery. 8. Archdioceses Reliance on the Truth of the Representations: The Archdiocese
relied upon the Christian Brothers to truthfully represent what knowledge and information they possessed regarding the abusers previous alleged sexual misconduct with children or such
reliance caused them to enter into a joint defense agreement and provide for liability insurance coverage. 9. Archdiocese had a right to rely upon the Christian Brothers: The Archdiocese
had a right to rely upon the Christian Brothers to truthfully represent what knowledge or information they possessed regarding the abusers previous alleged sexual misconduct with

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children or such dangerous propensities, as well as their concealment and suppression of such knowledge or information, because the Archdiocese had a agreement with the Christian Brothers to operate Briscoe (a school within the Seattle Archdiocese), the Archdiocese did not have access to the Christian Brothers internal records, such evidence should have been produced upon requested discovery, and the Christian Brothers were in the best position to assert the existence or non-existence of that knowledge or information. The Archdiocese had no way of knowing that the statements and representations of the Christian Brothers were misleading and fraudulent.
9 10. 10 11 12 13 14 15 16 17 18 11. 19 20 21 22 23 24 25

Consequent Damage:
As discussed above, the Archdiocese has suffered
damages because of the misrepresentations by the Christian Brothers. The Archdiocese was damaged because the misrepresentations of the Christian Brothers caused them to enter into a joint defense agreement and provided for the Christian Brothers liability insurance coverage they had no idea that knowledge or information existed that the abusers allegedly previously engaged in sexual misconduct with children and/or possessed such dangerous propensities and that the Christian Brothers concealed and suppressed this knowledge and information. B. SECOND CAUSE OF ACTION: CONTRIBUTION Defendant Archdiocese references the allegations set forth in Plaintiffs
Complaint, and incorporates all admissions, denials, and allegations in the Archdioceses Answer to Plaintiffs Complaint as set out in all the preceding paragraphs. 12. At all times material to Plaintiffs Complaint, defendant Archdiocese owned
portions of Briscoe Memorial School which the Christian Brothers had sole possession and
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management of said property as well as full control over the conduct and operation pursuant to a written agreement. 13. Many or all of the alleged acts or omissions giving rise to the allegations in
Plaintiffs Complaint occurred at or near Briscoe Memorial School. 14. Pursuant to RCW 4.22.040, a right of contribution exists between two or more
parties who are jointly and severally liable upon the same indivisible claim for the same injury or harm. 15. Accordingly, the Christian Brothers are, or may be liable to the Archdiocese for
9 all or part of the claims asserted against the Archdiocese in the above-captioned action. 10 11 12 13 14 15 16 17 18 Archdiocese delivered real property to the Christian Brothers as a Foundation for the 19 20 21 22 23 24 25
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16.
Pursuant to the above statute, defendant Archdiocese is entitled to contribution
from defendant Christian Brothers for any judgment assessed against it in this case, as well as any other losses, attorney fees, court costs, experts costs, litigation expenses, and any other expenses incurred by defendant Archdiocese as a result of the plaintiffs claims alleged in the Complaint. C. 17. THIRD CAUSE OF ACTION: CONTRACTUAL INDEMNITY By Agreement dated March 1914, the circumstances under which Defendant
undertaking and management of, among other things, what eventually became the Briscoe Memorial Home and Training School for Orphan Boys is set out. 18. Pursuant to the 1914 Agreement, the Christian Brothers had sole possession and
management of the property as well as full control over the conduct and operation of the Briscoe School.

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19.
Pursuant to Paragraph 6 of the Agreement, the Christian Brothers agreed to pay,
among other things, any expenses incurred in the carrying on of said orphanage and school and all other expenses incurred in the conduct or operation of said Foundation. Paragraph 6 goes on to state that the Christian Brothers of Ireland shall at all times indemnify first parties [Archdiocese] against all such indebtedness, liens, taxes, assessments, charges, and expenses. 20. This cross-claim is based on the indemnity provision of the Agreement which
requires that the Christian Brothers of Ireland, without qualification, indemnify defendant Archdiocese from claims of the very nature set out in Plaintiffs Complaint.
9 21. 10 11 12 13 14 15 16 17 18 23. 19 20 21 22 23 24 25

Co-defendant
Christian
Brothers
owes
defendant
and
cross-claimant
Archdiocese, indemnity for any and all losses, awards, judgments, attorneys fees and litigation expenses caused defendant Archdiocese for defending against plaintiffs claims in this action, and making this cross claim. D. 22. FOURTH CAUSE OF ACTION: EQUITABLE INDEMNITY Defendant Archdiocese references the allegations set forth in Plaintiffs
Complaint, and incorporates all admissions, denials, and allegations in the Archdioceses Answer to Plaintiffs Complaint as set out in all the preceding paragraphs herein. At all times material to Plaintiffs Complaint, parts of Briscoe were owned by
defendant Archdiocese and operated by the Christian Brothers pursuant to a written agreement. 24. Many or all of the alleged acts or omissions giving rise to the allegations in
Plaintiffs Complaint occurred at or near Briscoe.
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25.
Pursuant to the doctrine of equitable indemnity, a party may recover a damages
award of attorney fees expended as a result of being brought into litigation solely because of the actions of others. Manning v. Loidhamer, 13 Wn. App. 766, 538 P.2d 136 (1975). 26. Accordingly, the Christian Brothers are, or may be liable to the Archdiocese for
all or part of the claims asserted against the Archdiocese in the above-captioned action. 27. The acts or omissions of defendant Christian Brothers as herein alleged exposed
defendant Archdiocese to litigation in the present case. Pursuant to the doctrine of equitable indemnity, defendant Archdiocese is entitled to indemnity and/or contribution from defendant
9 Christian Brothers for any judgment assessed against it in this case, as well as any other losses, 10 11 12 13 14 15 16 17 18 2. 19 20 21 22 23 24 25
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attorney fees, court costs, expert costs, litigation expenses, and any other expenses incurred by defendant Archdiocese as a result of the plaintiffs claims alleged in the Complaint. IX. PRAYER FOR RELIEF ON CROSS-CLAIMS
Defendant Archdiocese requests that judgment be entered on its cross-claims as follows: 1. Awarding defendant Archdiocese damages on its cross-claims in an amount to
be established at trial; Awarding defendant Archdiocese its costs and attorney fees; and Awarding defendant Archdiocese any further relief which the Court finds
3.
appropriate, equitable or just. \\ \\ \\


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X. RESERVATION OF RIGHTS This defendant reserves the right to amend its Answer by way of adding affirmative defenses, counterclaims, cross-claims, or third-party claims as the existence of such claims is discovered in the future. XI. DEFENDANTS PRAYER FOR RELIEF WHEREFORE, having fully answered Plaintiffs Complaint, this defendant prays for judgment as follows: 1. For dismissal of the cause of action asserted against this defendant with prejudice;
9 2. For an award of attorneys fees, cists, and expenses incurred herein by this 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

defendant to the fullest extent allowed by law; and 3. For such further and other relief as the court may deem just and equitable.
DATED this 30th day of May, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S.
By:______/s/ Michael A. Patterson____________ Michael A. Patterson, WSBA No. 7976 Karen A. Kalzer, WSBA No. 25429 Of Attorneys for Defendant Corporation of the Catholic Archbishop of Seattle
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Affidavit of
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
HONORABLE KAREN A. OVERSTREET UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO No. 12-2-08141-7 SEA Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered)
AFFIDAVIT OF SERVICE
STATE OF WASHINGTON ) ss.; COUNTY OF KING )
Lee P. Gray, being duly sworn, affirms, deposes and says: I am over the age of 23 24 25 eighteen years, I am employed by Patterson Buchanan Fobes Leitch & Kalzer, P.S., Inc. and I am not a party to the action herein. On May 30, 2012 I caused to be served true copies of the
AFFIDAVIT OF SERVICE- 1
12-2-08141-7 SEA 12-01397-KAO PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

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Affidavit of
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Answer and Cross-Claims by causing true and correct copies to be served via First Class Mail upon those parties as listed on the attached service list. /s/ Lee P. Gray______________ Lee P. Gray
Sworn to before me this 30th day of May, 2012 /s/ Jan Smith______________ Jan Smith Notary Public, State of Washington No. 41607 Qualified in Pierce County Commission Expires November 21, 2013
12-2-08141-7 SEA 12-01397-KAO

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Affidavit of
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12-2-08141-7 SEA 12-01397-KAO
Service List R.A., D.S., and D.J., c/o Michael Pfau Pfau Cochran Vertetis Amala 403 Columbia Street, Suite 500 Seattle, WA 98104 Congregation of Christian BrothersNorth American Province A/K/A Western Province A/K/A Eastern Province A/K/A American Province c/o Br. Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201
Congregation of Christian Brothers c/o Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804

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Motion to
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MOTION TO TRANSFER- 1
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Judge: Karen A. Overstreet Chapter: 11 Hearing Location: U.S. Courthouse Seattle, WA Hearing Date: July 6, 2012 Hearing Time: 9:30 A.M. Response Date: June 29, 2012
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)
THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
The Corporation of the Catholic Archbishop of Seattle, a Party-in-Interest (hereinafter Archdiocese) by and through its counsel, Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S., respectfully states as follows:

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1.
On April 28, 2011 (the Petition Date), The Christian Brothers Institute and
The Christian Brothers of Ireland, Inc., the debtors and debtors-in-possession (the Debtors) filed a voluntary petition for reorganization under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101, et seq. (the Bankruptcy Code). The Debtors Chapter 11 case is pending in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) before the Honorable Robert D. Drain under case number 11-22820 (RDD). 2. Pursuant to 28 U.S.C. 157(b)(5) and the order of reference, dated July 10, 1984
9 (Ward, C.J.) (the Order of Reference) issued by the United States District Court for the 10 11 12 13 14 15 16 17 18 (the Order of Reference) issued by the District Court, all bankruptcy cases are automatically 19 20 21 22 23 24 25
The Related Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington, to the following adversary proceedings pending before this Court: ECF Docket No. 1 in Adv. Pro. 12-01396 (KAO) and ECF Docket No. 1 in Adv. Pro. 12-01397 (KAO). 2 The Transferred Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington and transferred to the Bankruptcy Court pursuant to 28 U.S.C. 1404 and 1412 to the following adversary proceedings now pending before the Bankruptcy Court: WAWD Adv. Pro. 11-01483/SDNY Adv. Pro. 11-08317, WAWD Adv. Pro. 11-01484/SDNY Adv. Pro. 11-08319, WAWD Adv. Pro. 11-01485/SDNY Adv. Pro. 1108320, WAWD Adv. Pro. 11-01486/SDNY Adv. Pro. 11-08321, WAWD Adv. Pro. 12-01112/SDNY Adv. Pro. 12-08238, WAWD Adv. Pro. 12-01111/SDNY Adv. Pro. 12-08239. PATTERSON BUCHANAN MOTION TO TRANSFER- 2
FOBES LEITCH & KALZER, INC., P.S. 188548.doc 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

Southern District of New York (the District Court), the Archdiocese hereby moves to transfer all personal injury tortclaims that are related to the Debtors Chapter 11 case (collectively, the Related Cases) from this Court 1 to the Bankruptcy Court because (a) the United States District Court for the Southern District of New York (the District Court) is the district court in which the bankruptcy case is pending, (b) other related cases have been previously removed and transferred from this Court to the Bankruptcy Court (collectively, the Transferred Cases) 2, (c) pursuant to the order of reference, dated July 10, 1984 (Ward, C.J.)
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referred to the Bankruptcy Court and (d) the Bankruptcy Court is the home court for the Debtors Chapter 11 case. The Related Cases currently pending in this Court are: Case Caption R.A., D.S. and J.D. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Case No. Adv. Pro. 12-01397 (KAO) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) District United States Bankruptcy Court for the Western District of Washington
B.L. and B.S. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers North American Province a/k/a/ Western Province a/k/a Eastern Province a/k/a American Province; Christian Brothers Institute of California; Christian Brothers Institute of Michigan
Adv. Pro. 12-01396 (KAO) No. 12-2-08139-5 SEA (Removed from the Superior Court of the State of Washington, King County)
United States Bankruptcy Court for the Western District of Washington
3.
The Related Cases are all personal injury/tort cases where plaintiffs are all
making claims (collectively, the Claims) that, at some time in the past, they were sexually abused or otherwise injured by one or more persons allegedly associated with the Debtors. The
19 20 21 22 23 24 25 Debtors potential liability with regard to similar personal injury/tort claims has caused it to seek protection under the Bankruptcy Code. 4. The Transferred Cases currently pending in the Bankruptcy Court are: Case Caption L.W., T.J., H.W. and H.V. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of
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Case No. SDNY Adv. Pro. 11-01483 (RDD)
District United States Bankruptcy

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Christian Brothers Brother Rice Province, Eastern American ProvinceCongregation of Christian Brothers, f/k/a Congregation of Christian Brothers North American Province; and Christian Brothers Institute, a New York not for profit corporation
WAWD Adv. Pro. 11-01483 (TWD) No. 11-2-40601-6 SEA (Removed from the Superior Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western District of Washington)
Court for the Southern District of New York
R.P. v. Congregation of Christian Brothers Brother Rice Province, Eastern American Province-Congregation of Christian Brothers, f/k/a Congregation of Christian Brothers North American Province; and Christian Brothers Institute, a New York not for profit corporation
SDNY Adv. Pro. 11-01484 (RDD) WAWD Adv. Pro. 11-01483 (TWD) No. 08-2-43603-9 SEA (Removed from the Superior Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western District of Washington)
United States Bankruptcy Court for the Southern District of New York
G.W., A.C., P.C., D.C. and T.M. v. Congregation of Christian Brothers Brother Rice Province, Eastern American Province-Congregation of Christian Brothers, f/k/a Congregation of Christian Brothers North American Province; and Christian Brothers Institute, a New York not for profit corporation
SDNY Adv. Pro. 11-01485 (RDD) WAWD Adv. Pro. 11-01483 (TWD) No. 09-2-11108-1 SEA (Removed from the Superior Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W.D. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers North American Province a/k/a/ Western Province a/k/a Eastern Province a/k/a American Province; Christian Brothers Institute of California; Christian Brothers
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District of Washington)
K.A. and J.S. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers Brother Rice Province, Eastern of American Province-Congregation Christian Brothers, f/k/a Congregation of Christian Brothers North American Province; and Christian Brothers Institute, a New York not for profit corporation; and Congregation of Christian Brothers, a worldwide organization
SDNY Adv. Pro. 11-01486 (RDD) WAWD Adv. Pro. 11-01483 (TWD) No. 09-2-39247-1 SEA (Removed from the Superior Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western District of Washington)
F.C., B.C., D.K., J.S., J.M., and M.Y. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian Brothers; Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province
SDNY Adv. Pro. 12-08239 (RDD) Adv. Pro. 12-01111 (TWD) No. 11-2-40601-6 SEA (Removed from the Superior Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western District of Washington)
Adv. Pro. 12-08238 (RDD) Adv. Pro. 12-01112 (TWD) No. 11-2-40600-8 SEA (Removed from the Superior

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Institute of Michigan
Court of the State of Washington, King County and Transferred from the United States Bankruptcy Court for the Western District of Washington)
5.
The Transferred Cases are also all personal injury/tort cases where plaintiffs are
all making claims that, at some time in the past they were sexually abused or otherwise injured by one or more persons allegedly associated with the Debtors. The Debtors potential liability with regard to the Claims has caused it to seek protection under the Bankruptcy Code. 6. Under 28 U.S.C. 157(b)(2)(B), the Bankruptcy Court has jurisdiction over the
10 11 12 13 14 15 16 17 18 Claims for all purposes except for trial, and would facilitate the Debtors reorganization efforts. 19 7. 20 21 22 23 24 25
188548.doc PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

Transferred Cases, the Related Cases and the Claims alleged therein for the purposes of core proceedings, e.g., allowance or disallowance of a claim, and estimate of the claims for purposes such as determining the feasibility of a reorganization. See Robert v. Johns-Manville Corp., 45 B.R. 823, 825-26 (S.D.N.Y. 1984). The District Court, however, retains jurisdiction over the Related Cases regarding the liquidation or estimation of the Claims for purposes of distribution in the Debtors Chapter 11 case. 28 U.S.C. 157(b)(2)(B). Granting the
Archdioceses motion would result in unified jurisdiction by the Bankruptcy Court over the
In the Transferred Actions, Debtors, defendant North American Province
(NAP) and the Archdiocese are named defendants in those civil actions originally filed in King County Superior Court, alleging childhood sexual abuse at Briscoe Memorial School and ODea High School. In the course of such actions, Debtor Christian Brothers Institute (CBI) seems to distinguish CBI from NAP. Debtor CBI has asserted that CBI was not responsible for
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the operation of Briscoe or ODea, but that NAP was. Prior motions have sought the dismissal of CBI as a defendant but not NAP. 8. Based on the above conflicting positions, the issue of the relationship between
defendant NAP and Debtor CBI is currently being addressed by the Honorable Robert D. Drain for the SDNY Bankruptcy Court and has been identified from the beginning of the Debtors Chapter 11. See excerpts of proceedings before Judge Drain attached hereto as Exhibit A. Judge Drain is looking at which entity is really just a pseudonym for the debtor, or legally might be responsible for the debtor or not and recognizes that it needs to be dealt with in a
9 definitive way. Id. 10 11 12 13 14 15 16 17 18 case and the B.L. et al. v. Congregation of Christian Brothers et al. cases before this court. A 19 20 21 22 23 24 25 copy of Judge Dores May 1, 2012 Orders granting the Archdioceses Motion to Transfer these cases with the same Christian Brothers entities is attached as Exhibit B. 11. This motion is supported by the concurrently filed exhibits, memorandum in 9. Since the Debtors Chapter 11 case is pending before the Honorable Robert D.
Drain in New York, and no bankruptcy case is pending in Seattle, it would promote judicial economy for this Court to transfer venue of the Related Cases to Judge Drain in White Plains, New York. Judge Drain would then hear any motions for remand filed by any party. 10. The Archdiocese moved this court to transfer the F.C. et al. v. Congregation of
Christian Brothers et al. and W.D. v. Congregation of Christian Brothers et al. as recently as February 17, 2012. These two cases had the same Christian Brothers entities at issue in this
support, as well as the pleadings and other records on file with the Court. \\ \\

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DATED this 12th day of June, 2012.
PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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CERTIFICATE OF SERVICE I hereby certify that on June 12, 2012, I served the foregoing Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated: Attorneys for Plaintiffs Michael T. Pfau Pfau Cochran Vertetis Amala PLLC Columbia House 403 Columbia Street, Suite 500 Seattle, WA 98104 Facsimile: (206) 623-3624 Telephone: (206) 462-4335 Attorneys for Debtor Scott S. Markowitz Tarter Krinsky & Drogin LLP 1350 Broadway, 11th Floor New York, NY 10018 Facsimile: (212) 216-8001 Telephone: (212) 216-8000 Congregation of Christian Brothers Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804 Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Brother Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201 (Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
___/s/ Lee P. Gray__________________ Lee P. Gray Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S.

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1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants. THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S. and J.D., Plaintiffs,
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)
I. INTRODUCTION The Corporation of the Catholic Archbishop of Seattle, a Party-in-Interest (hereinafter Archdiocese), has filed two motions (the Motions) to transfer all personal injury tortclaims that are related to the above-captioned Chapter 11 case (collectively, the
MEMORANDUM IN SUPPORT OF MOTION TO TRANSFER - 1
RA Memo of Law re M to Trans 061212.doc PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

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Related Cases) from this Court 1 to the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), as permitted by 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules). 2 Transfer of the Related Cases to the Bankruptcy Court is appropriate because (a) the United States District Court for the Southern District of New York (the District Court) is the district court in which the bankruptcy case is pending, (b) other related cases have been previously removed and transferred from this Court to the Bankruptcy Court (collectively, the Transferred Cases) 3, (c) pursuant to the Order of Reference, dated July 10, 1984 (Ward, C.J.) (the Order of Reference) issued by the District Court, all bankruptcy cases are automatically
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
The Related Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington, to the following adversary proceedings pending before this Court: ECF Docket No. 1 in Adv. Pro. 12-01396 (KAO) and ECF Docket No. 1 in Adv. Pro. 12-01397 (KAO). 2 In the alternative, the Archdiocese respectfully requests that this Court submit proposed findings of fact and conclusions of law and a proposed order to the United States District Court for the Western District of Washington transferring the Related Cases to the United States Bankruptcy Court for the Southern District of New York, White Plains Division. 3 The Transferred Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington and transferred to the Bankruptcy Court pursuant to 28 U.S.C. 1404 and 1412 to the following adversary proceedings now pending before the Bankruptcy Court: WAWD Adv. Pro. 11-01483/SDNY Adv. Pro. 11-08317, WAWD Adv. Pro. 11-01484/SDNY Adv. Pro. 11-08319, WAWD Adv. Pro. 11-01485/SDNY Adv. Pro. 1108320, WAWD Adv. Pro. 11-01486/SDNY Adv. Pro. 11-08321, WAWD Adv. Pro. 12-01112/SDNY Adv. Pro. 12-08238, WAWD Adv. Pro. 12-01111/SDNY Adv. Pro. 12-08239. 4 For a complete description of the pending Transferred Cases please see pages 3-6 of the Archdioceses Motion to Transfer Related Cases from the Western District of Washington. PATTERSON BUCHANAN MEMORANDUM IN SUPPORT OF MOTION TO FOBES LEITCH & KALZER, INC., P.S. TRANSFER - 2
RA Memo of Law re M to Trans 061212.doc 2112 Third Avenue, Suite 500 Seattle WA 98121 Tel. 206.462.6700 Fax 206.462.6701

referred to the Bankruptcy Court and (d) the Bankruptcy Court is the home court for The Christian Brothers Institutes (the Debtor) Chapter 11 case. The Related Cases currently pending in this Court are: the above captioned action and R.A. et al. v. Congregation of Christian Brothers et al. There are six Transferred Cases currently pending in the Southern District of New York Bankruptcy Court. 4
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The general venue rule creates a presumption that litigation related to a bankruptcy case should occur in the court in which the bankruptcy case is filed (i.e., the so-called home court). See e.g., Gulf States Exploration Co. v. Manville Forest Products Corp. (In re
Manville Forest Products Corp.), 896 F.2d 1384, 1390-91 (2d Cir. 1990); PermaLife Products, LLC v. TSJ Dirt, LLC (In re PermaLife Products, LLC), 432 B.R. 503, 516 (Bankr. D.N.J. 2010); Oglebay Norton Company v. Port (In re Onco Invest. Co.), 320 B.R. 577, 580 (Bankr. D. Del. 2005). The presumption protects a debtor from defending actions in different forums and ensures that administration of the debtors estate is not disrupted by conflicting orders
9 entered by different courts. The most important factor in considering a motion for change of 10 11 12 13 14 15 16 17 18 Chapter 11 case, including such matters as allowance or disallowance of a claim, and 19 20 21 22 23 24 25 estimation of the Claims for purposes such as determining the feasibility of a reorganization. See Robert v. Johns-Manville Corp., 45 B.R. 823, 825-26 (S.D.N.Y. 1984). The District Court however, retains jurisdiction over the Related Cases regarding the liquidation or estimation of the Claims for purposes of distribution in the Debtors Chapter 11 case. 28 U.S.C. venue to a home court is whether the adversary proceeding may have an impact on economical and efficient administration of the estate. In re Harnischfeger Industries, Inc., 246 B.R. 421, 437 (Bankr. N.D. Ala. 2000) (most important factor); In re Enron Corp., 274 B.R. 327, 348 (Bankr. S.D.N.Y. 2002) (most important factor). Under 28 U.S.C. 157(b)(2)(B), the Bankruptcy Court has jurisdiction over the Related Cases and the Claims (defined below) alleged therein, just as this Court found that it did for the Transferred Cases, for purposes of core proceedings, e.g., general administration of the
157(b)(5)(B). Granting the motion would result in unified jurisdiction by the Bankruptcy Court over the claims for all purposes except for trial.

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II. FACTUAL BACKGROUND On April 28, 2011 (the Petition Date), the Debtor filed a voluntary petition for reorganization under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101, et seq. (the Bankruptcy Code). The Debtors Chapter 11 case is pending in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) before the Honorable Robert D. Drain under case number 11-22820 (RDD). Prior to the Petition Date, the Debtor, along with the Archdiocese and other Christian Brothers defendants, settled several lawsuits and attempted to reach a global resolution of the
9 Related Cases through mediation. Despite these attempts the Debtor was unable to reach a 10 11 12 13 14 15 16 17 18 some of its assets in an orderly fashion to resolve all claims in a fair manner. 19 20 21 22 23 24 25 As set forth above, after the Petition Date, the Archdiocese removed the Related Cases to this Court. Removal was appropriate because: (a) the Claims were asserted against Christian Brothers entities that are in some way affiliated and/or related to the Debtor; (b) the Claims were not exempt from removal; and (c) this Court has subject matter jurisdiction over the removed claims pursuant to 28 U.S.C. 1452 and 1334. The Claims raise federal questions and are related to Debtors bankruptcy proceeding. See Calumet Natl Bank v. Levine, 179

resolution of the Related Cases. As a result, and according to the Debtor, the proceedings in the Transferred Cases continued to drain the Debtors limited resources. The Debtor states that, because a single substantial jury verdict or settlement could leave Debtor without the financial ability to resolve the Claims set forth in the Transferred Cases or the claims of other legitimate claimants, such as the Related Cases, the Debtor was required to commence its Chapter 11 case. To accomplish a global resolution of the claims of all legitimate claimants, including the Claims set forth in the Related Cases, the Debtor asserts that it will be required to liquidate
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B.R. 117, 120 (N.D. Ind. 1995) (stating that related to jurisdiction includes tort claims that might result in a substantial judgment against [the debtor] and, in turn, a claim against the bankruptcy estate). III. ARGUMENT A. Venue of the Related Cases is Proper in the Bankruptcy Court Pursuant to 28 U.S.C. 157(b)(5) The Debtors Chapter 11 is currently pending before the Bankruptcy Court, which, by virtue of 28 U.S.C. 1334(a) and the Order of Reference, has exclusive jurisdiction over the Debtors Chapter 11 case. Under 28 U.S.C. 157(b)(5), venue is proper in the district court in the district in which the bankruptcy case is pending. 5 This Court should, therefore, centralize the Related Cases, with the Transferred Cases, in the Bankruptcy Court. As the Second Circuit has observed, Congress enacted section 157(b)(5) to expand the District Courts venue-fixing powers with an eye to centralizing the adjudication of a bankruptcy case. Murray v. Pan Am. World Airways (In re Pan Am Corp.), 16 F.3d 513, 516 (2d Cir. N.Y. 1994); See also Lindsey
15 16 17 18 19 20 21 22 23 24 25
5
v. OBrien, Tanski, Tanzer & Young Health Care Providers (In re Dow Corning Corp.), 86 F.3d 482, 497 (6th Cir. 1996) (recognizing that 157(b)(5) transfers harmonize with the oftstated goal of centralizing the administration of a bankruptcy estate); Calumet Natl Bank, 179 B.R. at 121 ([A] purpose behind section 157(b)(5) is making it possible for a single forum to oversee the many claims and proceedings that might arise in or affect a bankruptcy case.). Here, centralization of the Related Cases, with the Transferred Cases, in the Bankruptcy Court will promote the efficient administration and resolution of the Debtors Chapter 11 case,
Under 28 U.S.C. 157(b)(5), trial may alternatively had in the district court in the district in which the claim arose. Nevertheless, apart from trial, the Bankruptcy Court has jurisdiction over the Related Cases, including all pretrial matters. PATTERSON BUCHANAN MEMORANDUM IN SUPPORT OF MOTION TO FOBES LEITCH & KALZER, INC., P.S. TRANSFER - 5

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as well as the Related Cases. If the Related Cases are not transferred, this Court will be required to oversee the extensive discovery and pretrial matters associates with those Cases, and will likely be required to work in tandem with the Bankruptcy Court in conjunction with the Bankruptcy Courts administration of the Debtors Chapter 11 case. Such dual
administration will waste judicial time and effort, increase attorneys fees and expenses, and result in a decreased distribution to creditors. Under 28 U.S.C. 157(b)(5), the District Court has the exclusive authority to determine the trial venue for any personal injury tort claims involving Debtor because it is the district
9 court in which the bankruptcy case is pending. 6 See also A.H. Robins Co. v. Piccinin, 788 10 11 12 13 14 15 16 17 18 19 practice will likely consume estate assets that would otherwise be available for creditors. Just 20 21 22 23 24 25
6
F.2d 994, 1010 (4th Cir. 1986) (Unquestionably the district court in this [bankruptcy] case had the power under the statute to fix the trial venue in its district for all the Dalkon Shield cases.) B. Transfer of the Related Cases will Promote Efficiency Transfer of the Related Cases to the Bankruptcy Court will allow the Bankruptcy Court to oversee discovery and all pretrial matters through the lodging of pretrial orders. This oversight will considerably reduce duplicative discovery expenses and efforts by the Debtor, the Archdiocese, other Christian Brothers defendants, other claimants, and the federal court system. The Debtor has stated that duplicative depositions, other discovery, and motion
like the Transferred Cases, transfer of the Related Cases will prevent the unnecessary travel and related expenses of the Debtors members for duplicative discovery requests or other court
28 U.S.C. 157(b)(5) states that [t]he district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. PATTERSON BUCHANAN MEMORANDUM IN SUPPORT OF MOTION TO FOBES LEITCH & KALZER, INC., P.S. TRANSFER - 6

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proceedings. Virtually all of the Debtors books and records are located in the Southern District of New York, as are the Debtors members. Also like the Transferred Cases, transfer of the Related Cases will allow the Bankruptcy Court to streamline pretrial procedure in a way that could not otherwise be accomplished with four separate discovery proceedings on different timetables in this Court. Administration of the Related Cases in the Bankruptcy Court will also prevent the entry of inconsistent orders regarding discovery or other issues. Transfer also helps prevent inconsistent legal rulings. For example, the same substantive law will be applied in each of the Related cases,
9 along with the Transferred Cases, with respect to issues such as damages, statutes of 10 11 12 13 14 15 16 17 18 Because mediation or other means of alternative dispute resolution of the Claims will be 19 20 21 22 23 24 25 helpful if not necessary to the efficient resolution of this Chapter 11 case, consistency is vital to the equitable treatment of all legitimate claimants. If litigation of the Related Cases is allowed to proceed independently, the Related Cases may be at procedurally distinct junctures, or be subject to disparate legal rulings. Moreover, if alternative dispute resolution proceedings are commenced separately and on different timetables, independent litigation of the Related Case would likely give one set of plaintiffs superior leverage relative to other plaintiffs.

limitations, and the viability of negligent supervision claims.
Some plaintiffs may claim
repressed memories, and the lack of science supporting the admissibility of such testimony must be tested through pre-trial Daubert hearings. See Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993); In re Young Broad, Inc., 430 B.R. 99, 121 (Bankr. S.D.N.Y. 2010). The existence of these legal issues and others creates a compelling need for consideration of the pretrial portions of the Related Cases in the Bankruptcy Court.
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The Fourth Circuits decision in A.H. Robins Co., Inc. v. Piccinin, 788 F.2d 994 (4th Cir. 1986), is instructive on the issue of transferring related-to personal injury cases. In A.H. Robins, the debtor sought protection under Chapter 11 of the Bankruptcy Code to stem the mounting tide of claims and suits related to the Dalkon Shield, a birth control product sold by A.H. Robins between 1971 and 1974. Pursuant to the debtors motion and 28 U.S.C.
157(b)(5), the district court ordered that the personal injury actions relating to the Dalkon Shield would be tried in the district court in which the bankruptcy proceeding was pending. Id.
Two parties appealed the order. The Fourth Circuit held that the purpose of [28 U.S.C. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 157(b)(2)(B) excepts from the definition of core proceedings personal tort claims against the debtor. The

157(b)(5) wasto centralize the administration of the estate and to eliminate the multiplicity of forums for the adjudication of parts of a bankruptcy case. Id. at 1011 (quoting 130 Cong. Rec. H. 7492, June 29, 1984, reprinted in 1984 U.S. Code Cong. & Adm. News at 579). In particular, the Fourth Circuit expressly held that there are very real considerations that support a centralization of all the [personal injury] claims[.] Id. As the Fourth Circuit explained: The single focal point of this proceeding is the development of a reasonable plan of reorganization for the debtor, one which will work a rehabilitation of the debtor and at the same time assure fair and non-preferential resolution of the Dalkon Shield claims. . . . These Dalkon Shield claims . . . represent what are characterized in the Act as contingent or unliquidated claims. . . . Ordinarily such claims would be estimated by the bankruptcy court as a core proceeding. . . for purpose of allowance if failure to do so would unduly delay the administration of the case.. . . That duty of estimation in a proper case under section 502(c) is not a permissive one; it is a mandatory obligation of the bankruptcy court. This customary process of estimation of contingent claims is, however, different where the unliquidated, contingent claims are personal injury tort claims.
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bankruptcy court thus is without authority under the Act over the liquidation or estimation of contingent or unliquidated personal injury or wrongful death claims against the estate for purposes of distribution under Title 11 . . . It will be observed, however, that the statute denies authority to the bankruptcy court to estimate contingent claims only if the purpose is to make a distribution of the assets of the debtor; the statute does not in express terms deny to the bankruptcy court the authority, or relieve it of the duty, to estimate the contingent personal injury claims for purposes of determining the feasibility of a reorganization. And such has been the construction of the statute which has been adopted by the courts which have had to face the issue[.] Id. at 1011-12 (citations omitted, emphasis in original). Additionally - and again with import for the various Related Cases and Transferred Cases here - the Fourth Circuit observed that the personal injury cases plainly had the potential to diminish the debtors assets, thereby unnecessarily depriving claimants of recovery. The court further noted the realities of modern litigation and in particular that [p]re-trial discovery under modern federal practice has become a monster on the loose . . . . " Id. at 1013,
14 15 16 17 18 19 20 21 22 23 against non-debtor defendants which are related to a debtor's bankruptcy case); In re Federal 24 25

quoting JohnsManville Corp. v. the Asbestos Litigation Group (In re Johns-Manville Corp.), 40 B.R. 219, 224 (S.D.N.Y. 1984). The financial burden of that monster could be Id. The Fourth Circuit's
considerably reduced if duplicative discovery was avoided.
approach has been followed by various other courts. See, e.g., In re Dow Corning Corp., 187 B.R. 919, 932 (E.D. Mich. 1995) (For the purpose of determining the trial venue of the breast implant cases or furthering the estimation process, the Court transfers the claims against the Debtor Dow Corning to this Court.); Lindsey, 86 F.3d at 497 (reversing the district court and finding that 28 U.S.C. 157(b)(5) permitted the district court to fix venue for cases pending
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Press Co., 117 B.R. 942, 950 (Bankr. N.D. Ind. 1989) (following A.H. Robins and transferring to Indiana a personal injury case pending in California). If, in future proceedings in this Chapter 11 case, events transpire that require any of the Related Cases (together with any co-defendants) to proceed to trial, any individual party could request that such Related Case be transferred from the Bankruptcy Court to the district in which the Claim arose. See A.H Robins, 788 F.2d at 1011 (And there are very real considerations that support a centralization of all the Dalkon Shield claims, at least at first, in the district court having jurisdiction of the bankruptcy.); In re Dow Corning Corp., 187 B.R. at 932 ([T]he
9 Court will not rule on the trial venue issue, at this time but will make that determination 10 11 12 13 14 15 16 17 18 Bankruptcy Court, at least at first, id., the Archdiocese respectfully requests that this Court 19 20 21 22 23 24 25 enter an order transferring the Related Cases to the Bankruptcy Court, or, in the alternative, issue findings of fact and recommendations to the District Court for the Western District of Washington to enter a corresponding order. \\ \\ \\

following the close of the estimation process.). At the close of the estimation process, all parties will be able to evaluate whether they oppose or join such a future motion to transfer trial venue to the district court in which the claim arose. Such a determination, however, need not be made during the initial stage of this Chapter 11 case, when the focus must be on the efficient administration of the Debtors Chapter 11 case. IV. CONCLUSION Because efficiency is best achieved by this Courts transfer of the Related Cases to the
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DATED this 12th day of June, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone:(206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com

RA Memo of Law re M to Trans 061212.doc

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CERTIFICATE OF SERVICE I hereby certify that on June 12, 2012, I served the Memorandum of Law in Support of Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated: Attorneys for Plaintiffs Michael T. Pfau Pfau Cochran Vertetis Amala PLLC Columbia House 403 Columbia Street, Suite 500 Seattle, WA 98104 Facsimile: (206) 623-3624 Telephone: (206) 462-4335 Attorneys for Debtor Scott S. Markowitz Tarter Krinsky & Drogin LLP 1350 Broadway, 11th Floor New York, NY 10018 Facsimile: (212) 216-8001 Telephone: (212) 216-8000 Congregation of Christian Brothers Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804 Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Brother Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201 (Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)

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NOTICE OF MOTION TO TRANSFER - 1
188551.doc
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO NOTICE OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)
PLEASE TAKE NOTICE that the Corporation of the Catholic Archbishop of Seattles motion to transfer venue of the above-referenced adversary proceeding to the United States Bankruptcy Court for the Southern District of New York, White Plains Division;

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JUDGE: PLACE: DATE: TIME:
Karen A. Overstreet U.S. Courthouse, Seattle, WA Courtroom 7206 July 6, 2012 9:30 A.M.
IF YOU OPPOSE the Motion, you must file your written response with the Clerks Office of the Bankruptcy Court and deliver copies to the undersigned counsel for the Corporation of the Catholic Archbishop of Seattle NOT LATER THAN THE RESPONSE DATE, which is June 29, 2012. If you file a response, you are also required to appear at the
9 hearing. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may, in its discretion GRANT THE MOTION PRIOR TO THE HEARING WITHOUT FURTHER NOTICE, and strike the hearing. DATED this 12th day of June, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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CERTIFICATE OF SERVICE I hereby certify that on June 12, 2012, I served the Notice of Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated: Attorneys for Plaintiffs Michael T. Pfau Pfau Cochran Vertetis Amala PLLC Columbia House 403 Columbia Street, Suite 500 Seattle, WA 98104 Facsimile: (206) 623-3624 Telephone: (206) 462-4335 Attorneys for Debtor Scott S. Markowitz Tarter Krinsky & Drogin LLP 1350 Broadway, 11th Floor New York, NY 10018 Facsimile: (212) 216-8001 Telephone: (212) 216-8000 Congregation of Christian Brothers Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804 Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Brother Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201 (Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)

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ORDER - 1

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO ORDER GRANTING MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)
CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
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Upon the motion, dated June 12, 2012 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York; and upon the memorandum of law, dated June 12, 2012 in support thereof; and authorities and argument have been presented to this Court; and it appearing to the Court that the Motion is one properly brought under the provisions of 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure; and it further appearing that the transfer of the abovecaptioned adversary proceeding will facilitate the economical and efficient administration of
9 the Debtors estate; and good cause appearing therefore; it is hereby 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ORDER - 2

ORDERED, ADJUDGED, AND DECREED that the above-captioned adversary proceeding is hereby transferred from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division). Dated: July ____, Seattle, WA
__________________________________________ THE HONORABLE KAREN A. OVERSTREET UNITED STATES BANKRUPTCY JUDGE
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Report of
1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants. THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs,
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO REPORT OF PROCEEDINGS
The Corporation of the Catholic Archbishop of Seattle, a Party-in-Interest (hereinafter Archdiocese) by and through its counsel, Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S. pursuant to 9027-1(c) of the Local Bankruptcy Rules for the Western District of Washington, hereby files this Report of Proceedings. Although the reason the removed
proceedings are in this Court is that the Federal Rules of Bankruptcy Procedure require removal of a state court proceeding to be in a district court where the state court is located, in an
REPORT OF PROCEEDINGS - 1

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abundance of caution, the Archdiocese is filing this Report of Proceedings while its Motion to Transfer this case from the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) is pending with this court. Below are the operative pleadings and Exhibits attached as required by Rule 9027-1(c): Exhibit A Date 03/08/2012 through 05/25/2012 03/08/2012 03/08/2012 03/08/2012 03/08/2012 03/08/2012 Document Docket for State Court Action: King County Superior Court No. 12-2-08141-7 Complaint Summons Order Setting Civil Case Schedule Case Information Cover Sheet Jury Demand
B C D E F
The Certification of Counsel as required under CR 101(b) of the Local Rules for the Western District of Washington is also attached as an exhibit to this Report of Proceedings. 13 14 15 16 17 18 19 20 21 22 23 24 25

DATED this 13th day of June, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone:(206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com
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CERTIFICATE OF SERVICE I hereby certify that on June 13, 2012, I served the foregoing Report of Proceedings, with attachments on counsel and the parties by the below method indicated: Attorneys for Plaintiffs Michael T. Pfau Pfau Cochran Vertetis Amala PLLC Columbia House 403 Columbia Street, Suite 500 Seattle, WA 98104 Facsimile: (206) 623-3624 Telephone: (206) 462-4335 Attorneys for Debtor Scott S. Markowitz Tarter Krinsky & Drogin LLP 1350 Broadway, 11th Floor New York, NY 10018 Facsimile: (212) 216-8001 Telephone: (212) 216-8000 Congregation of Christian Brothers Jack Mostyn 33 Pryer Terrace New Rochelle, NY 10804 Congregation of Christian Brothers North American Province a/k/a Western Province a/k/a Eastern Province a/k/a American Province Brother Daniel Casey 7412 Monroe Avenue Elizabeth, NJ 07201 (Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)

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1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
CERTIFICATION OF COUNSEL - 1
189251.doc
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 12-01397-KAO CERTIFICATION OF COUNSEL
I, MICHAEL A. PATTERSON, as required by Rule 9027-1(c) of the Local Bankruptcy Rules for the Western District of Washington and CR 101(b) of the Local Rules for the Western District of Washington, hereby verify that the Report of Proceedings, filed on June 13,

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2012, contains true and complete copies of all operative pleadings and the docket in the state court action. DATED this 13th day of June, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone:(206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com
CERTIFICATION OF COUNSEL - 2
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Received

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PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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2.

DATED this 2nd day of July, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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I hereby certify that on July 2, 2012, I served the foregoing Order Granting Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated:
25

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(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
192219.doc

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11-22820-rdd Docket460-11 2012 05/23/12 Entered 10/10/12 13:39:23 Entered on Doc July 3, Filed But Not Entered - 10 Pg 1 of 7
Submitted
Submitted But Not Entered.
1 2 3 4 5 6 7 8 9 10 In re: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants. THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S. and J.D., Plaintiffs,
______________________ Karen A. Overstreet U.S. Bankruptcy Judge

By separate order, the Court has set a hearing on this motion for July 20, 2012 at 9:30 a.m.
_______________________________________________________________
Upon the motion, dated June 12, 2012 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of

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Submitted
Submitted But Not Entered.
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PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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Submitted
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2.

DATED this 2nd day of July, 2012. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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I hereby certify that on July 2, 2012, I served the foregoing Order Granting Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated:
25

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Submitted
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(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
192219.doc

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Scheduling
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_________________________________________________________________
In re THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtor(s). R.A., D.S. AND J.D., Plaintiffs, vs.
Chapter 11 Case No. 11-22820 (RDD) Southern District of New York (Jointly Administered)
No. 12-2-08141-7 SEA Adv. No. 12-01397-KAO ORDER SETTING A HEARING ON MOTION TO TRANSFER ADVERSARY CASE TO ANOTHER DISTRICT
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Order - 1
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This matter came before the Court on June 12, 2012, on the Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S.
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Bankruptcy Court for the Southern District of New York (White Plains Division) (the Motion to Transfer) filed by the Corporation of the Catholic Archbishop of Seattle (Archdiocese). The Motion to Transfer appears to have been properly served and no opposition has been filed. The Archdiocese appears to have complied with this Courts local rules in uploading its proposed order granting the Motion to Transfer. There is no evidence, however, to convince the Court that
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it has subject matter jurisdiction over the underlying state court action between the plaintiffs and defendants identified above under 11 U.S.C. 1334(c) , that venue is proper under 28 U.S.C. 1409, or that removal of the underlying state court action to this Court was proper under 28 U.S.C. 1452. The Archdiocese removed the underlying state court case, filed in King County
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Washington on March 8, 2012 (the State Court Action), on the ground that it is related to the bankruptcy proceedings of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (collectively, the Debtors), which are pending in the Bankruptcy Court for the Southern District of New York (the New York Bankruptcy Proceeding). The Debtors,
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however, are not defendants in the State Court Action and there is no evidence that the Archdiocese, the plaintiff in the State Court Action, or any of the other defendants in the State Court Action has filed a proof of claim against the Debtors in the New York Bankruptcy Proceeding. The New York Bankruptcy Proceeding was commenced on April 28, 2011, prior to the filing of the State Court Action, so the Debtors would have been protected by the stay as of
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the time the State Court Action was filed. The Court can only surmise that the reason why the plaintiff in the State Court Action did not name the Debtors as defendants and why the
Order - 2
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Archdiocese has not named the Debtors as additional defendants herein is because the New York Bankruptcy Proceeding preceded the State Court Action. There is no evidence before the Court to establish that the Archdiocese sought relief from stay to join the Debtors in the State Court Action. The Archdiocese contends that the judge in the New York Bankruptcy Proceeding is
6 7 8 9 10 11
looking at which entity is really just a pseudonym for the debtor, or legally might be responsible for the debtor and that the judge recognizes that [this issue] needs to be dealt with in a definitive way. Motion to Transfer at p. 7. The excerpts of proceedings from New York, however, which are attached to the Motion to Transfer as Exhibit A, do not reference any specific matter now pending in the New York Bankruptcy Proceeding to address issues of
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relation between various possible defendants in the State Court Action and the Debtors. In fact, in cases pending before Judge Dore in the Western District of Washington, the Debtors opposed similar motions to transfer cases filed by the Archdiocese, contending that the Debtors are separate entities from the defendants named in this and the other actions. See W.D. v.
17 18 19 20 21 22
Corporation of the Catholic Archbishop of Seattle, et al., Adv. No. 12-01112-TWD (W.D. Wash.).1 No party opposes the Motion to Transfer. However, issues of subject matter jurisdiction cannot be waived. Accordingly, the Court may not grant the Motion to Transfer until it is convinced that it has the requisite subject matter jurisdiction.
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1
NOW, THEREFORE, it is HEREBY ORDERED as follows: 1. A hearing on the Motion to Transfer will be held at 9:30 a.m. on July 20, 2012, in
courtroom 7206, 700 Stewart Street, Seattle, WA.
The mere fact that Judge Dore determined that cases pending before him should be transferred to the Southern District of New York does not require this Court to similarly transfer this case.
Order - 3
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2.
The Archdiocese must appear at the hearing on July 20, 2012, and show cause why the
State Court Action should not be remanded to the state court pursuant to 28 U.S.C. 1447(c). 3. The Archdiocese shall serve a copy of this Order on the Debtors and on all parties served
with the Notice of Removal filed in this case not later than July 6, 2012, and file proof of such service with the Court.
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///END OF ORDER///
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United States Bankruptcy Court Western District of Washington
BNC
R.A., Plaintiff Corporation of the Catholic Archbishop o, Defendant

District/off: 0981-2 User: renatoc Form ID: pdfltd
Adv. Proc. No. 12-01397-KAO
CERTIFICATE OF NOTICE
Page 1 of 2 Total Noticed: 1 Date Rcvd: Jul 03, 2012
Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Jul 05, 2012. aty +Michael Pfau, Pfau Cochran Vertetis Kosnoff, PLLC, 701 Fifth Avenue, Suite 4730, Seattle, WA 98104-7074 Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center. NONE. TOTAL: 0 ***** BYPASSED RECIPIENTS ***** NONE. Addresses marked + were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. TOTAL: 0
I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciarys privacy policies.
Date: Jul 05, 2012
Signature:
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BNC
District/off: 0981-2
User: renatoc Form ID: pdfltd
Page 2 of 2 Total Noticed: 1
Date Rcvd: Jul 03, 2012
The following persons/entities were sent notice through the courts CM/ECF electronic mail (Email) system on July 3, 2012 at the address(es) listed below: Jason P Amala on behalf of Plaintiff D.S. jason@pcvalaw.com, cariana@pcvalaw.com;angela@pcvalaw.com;bernadette@pcvalaw.com Karen A Kalzer on behalf of Defendant Corporation of the Catholic Archbishop of Seattle kak@pattersonbuchanan.com, axf@pattersonbuchanan.com Michael A Patterson on behalf of Cross-Claimant Corporation of the Catholic Archbishop of Seattle map@pattersonbuchanan.com, lpg@pattersonbuchanan.com TOTAL: 3
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11-22820-rdd Docket460-132012 Filed 05/23/12 Entered 10/10/12 13:39:23 Entered on Doc July 3, Certificate of Service - Below12 the Order of the Court. Doc. is Pg 3 of 6
BNC
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

_________________________________________________________________
No. 12-2-08141-7 SEA Adv. No. 12-01397-KAO ORDER SETTING A HEARING ON MOTION TO TRANSFER ADVERSARY CASE TO ANOTHER DISTRICT
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Order - 1
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BNC
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This matter came before the Court on June 12, 2012, on the Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S.
3 4 5 6 7 8
Bankruptcy Court for the Southern District of New York (White Plains Division) (the Motion to Transfer) filed by the Corporation of the Catholic Archbishop of Seattle (Archdiocese). The Motion to Transfer appears to have been properly served and no opposition has been filed. The Archdiocese appears to have complied with this Courts local rules in uploading its proposed order granting the Motion to Transfer. There is no evidence, however, to convince the Court that
9 10 11 12 13 14
it has subject matter jurisdiction over the underlying state court action between the plaintiffs and defendants identified above under 11 U.S.C. 1334(c) , that venue is proper under 28 U.S.C. 1409, or that removal of the underlying state court action to this Court was proper under 28 U.S.C. 1452. The Archdiocese removed the underlying state court case, filed in King County
15 16 17 18 19
Washington on March 8, 2012 (the State Court Action), on the ground that it is related to the bankruptcy proceedings of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (collectively, the Debtors), which are pending in the Bankruptcy Court for the Southern District of New York (the New York Bankruptcy Proceeding). The Debtors,
20 21 22 23 24 25
however, are not defendants in the State Court Action and there is no evidence that the Archdiocese, the plaintiff in the State Court Action, or any of the other defendants in the State Court Action has filed a proof of claim against the Debtors in the New York Bankruptcy Proceeding. The New York Bankruptcy Proceeding was commenced on April 28, 2011, prior to the filing of the State Court Action, so the Debtors would have been protected by the stay as of
26 27 28
the time the State Court Action was filed. The Court can only surmise that the reason why the plaintiff in the State Court Action did not name the Debtors as defendants and why the
Order - 2
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Archdiocese has not named the Debtors as additional defendants herein is because the New York Bankruptcy Proceeding preceded the State Court Action. There is no evidence before the Court to establish that the Archdiocese sought relief from stay to join the Debtors in the State Court Action. The Archdiocese contends that the judge in the New York Bankruptcy Proceeding is
6 7 8 9 10 11
looking at which entity is really just a pseudonym for the debtor, or legally might be responsible for the debtor and that the judge recognizes that [this issue] needs to be dealt with in a definitive way. Motion to Transfer at p. 7. The excerpts of proceedings from New York, however, which are attached to the Motion to Transfer as Exhibit A, do not reference any specific matter now pending in the New York Bankruptcy Proceeding to address issues of
12 13 14 15 16
relation between various possible defendants in the State Court Action and the Debtors. In fact, in cases pending before Judge Dore in the Western District of Washington, the Debtors opposed similar motions to transfer cases filed by the Archdiocese, contending that the Debtors are separate entities from the defendants named in this and the other actions. See W.D. v.
17 18 19 20 21 22
Corporation of the Catholic Archbishop of Seattle, et al., Adv. No. 12-01112-TWD (W.D. Wash.).1 No party opposes the Motion to Transfer. However, issues of subject matter jurisdiction cannot be waived. Accordingly, the Court may not grant the Motion to Transfer until it is convinced that it has the requisite subject matter jurisdiction.
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1
NOW, THEREFORE, it is HEREBY ORDERED as follows: 1. A hearing on the Motion to Transfer will be held at 9:30 a.m. on July 20, 2012, in
The mere fact that Judge Dore determined that cases pending before him should be transferred to the Southern District of New York does not require this Court to similarly transfer this case.
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BNC
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2.
The Archdiocese must appear at the hearing on July 20, 2012, and show cause why the
State Court Action should not be remanded to the state court pursuant to 28 U.S.C. 1447(c). 3. The Archdiocese shall serve a copy of this Order on the Debtors and on all parties served
with the Notice of Removal filed in this case not later than July 6, 2012, and file proof of such service with the Court.
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///END OF ORDER///
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Affidavit
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192962
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON Chapter 11 Case No. 11-22820-RDD Southern District of New York (Jointly Administered) No. 12-2-08141-7 SEA Adv. Pro. 12-01397-KAO CERTIFICATE OF SERVICE vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN PROVINCE a/k/a EASTERN PROVINCE a/k/a AMERICAN PROVINCE, Defendants.
THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.A., D.S., and J.D., Plaintiffs,
I hereby certify that on July 6, 2012, I served the foregoing Order Setting a Hearing On Motion to Transfer Adversary Case to Another District on counsel and the parties by the below method indicated:

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(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
192962

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Order
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_________________________________________________________________
No. 12-2-08141-7 SEA Adv. No. 12-01397-KAO ORDER CONTINUING HEARING ON MOTION TO TRANSFER ADVERSARY CASE TO ANOTHER DISTRICT
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Order
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This matter came before the Court on July 13, 2012, on the Defendants, Corporation of the Catholic Archbishop of Seattle (Archdiocese), letter filed by counsel, Michael Patterson,
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requesting to continue the hearing date set for the Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) (the Motion to Transfer) (Dkt. 14). The letter requests the hearing for the Motion to Transfer be continued from July 20, 2012 to August 31, 2012 in order to allow an opportunity for additional evidence to be obtained for the
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Court in connection with the Motion to Transfer. The Court finds that it is reasonable to continue the hearing. NOW, THEREFORE, it is HEREBY ORDERED as follows: 1. A hearing on the Motion to Transfer will be held at 9:30 a.m. on August 31, 2012, in

15 16 17 18 19
2.
The Archdiocese must appear at the hearing on August 31, 2012, and show cause why
the State Court Action should not be remanded to the state court pursuant to 28 U.S.C. 1447(c). 3. The Archdiocese shall serve a copy of this Order on the Debtors and on all parties served
with the Notice of Removal filed in this case not later than July 20, 2012, and file proof of such
20 21 22 23 24 25 26 27 28
service with the Court. ///END OF ORDER///
Order - 2
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Affidavit
1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
I hereby certify that on July 17, 2012, I served the foregoing Order Continuing Hearing on Motion to Transfer Adversary Case to Another District on counsel and the parties by the below method indicated:

Case 12-01397-KAO
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Affidavit
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)

Case 12-01397-KAO
Doc 16
Filed 07/17/12
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Pg. 2 of 2
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Doc 460-18 Filed 05/23/12 Entered 10/10/12 13:39:23 Statement - Doc. 17 Pg 1 of 2
Joint
1 2 3 4 5 6 7 In re: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
I hereby certify that on July 17, 2012, I served the foregoing Order Continuing Hearing on Motion to Transfer Adversary Case to Another District on counsel and the parties by the below method indicated:

Case 12-01397-KAO
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Pg. 1 of 2
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Joint
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)

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Doc 460-19 Filed 05/23/12 Entered 10/10/12 13:39:23 UNSIGNED Order - Doc. 18 Pg 1 of 7
Received
192191.doc

Case 12-01397-KAO
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Filed 09/25/12
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Received
1 2 3 4 5 6 7 8
192191.doc
PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. By:______s/ Michael A. Patterson_____________ Michael A. Patterson, WSBA No. 7976 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle

Case 12-01397-KAO
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Received
25

Case 12-01397-KAO
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Received
1 2 3 4 5 6 7 8 9
2.

DATED this 25th day of September, 2012. PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. Attorneys for Party-in-Interest Corporation of the Catholic Archbishop of Seattle
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Received
Case 12-01397-KAO Doc 18-2 Filed 07/02/12 Ent. 07/02/12 12:02:02 Pg. 1 of 1 Case 12-01397-KAO Doc 9-2 Filed 09/25/12 Ent. 09/25/12 12:31:02 Pg. 1 of 1
11-22820-rdd
Received
I hereby certify that on September 25, 2012, I served the foregoing Order Granting Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) on counsel and the parties by the below method indicated:
25

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Received
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
(Via Regular Mail)
___/s/ Lee P. Gray__________________ Lee P. Gray Patterson Buchanan Fobes & Leitch, Inc., P.S.
192219.doc

Case 12-01397-KAO
Doc 18-3
Filed 09/25/12
Ent. 09/25/12 12:31:02
Pg. 2 of 2

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11-22820-rddon Docket September 26, 2012 Entered 10/10/12 13:39:23 Doc 460 Filed 05/23/12 Entered Pg 1 of 7

Below is the Order of the Court.

_________________________ Karen A. Overstreet U.S. Bankruptcy Judge

Ent. 09/26/12 16:56:37

Entered 10/10/12 13:39:23 Pg 2 of 7

Ent. 09/26/12 16:56:37

THE HONORABLE KAREN A. OVERSTREET

Ent. 09/26/12 16:56:37

Entered 10/10/12 13:39:23 Pg 4 of 7

foregoing is true and correct.

Ent. 09/26/12 16:56:37

THE HONORABLE KAREN A. OVERSTREET

Ent. 09/26/12 16:56:37

Entered 10/10/12 13:39:23 Pg 7 of 7

(Via Regular Mail)

(Via Regular Mail)

(Via Regular Mail)

(Via Regular Mail)

Ent. 09/26/12 16:56:37

U.S. Bankruptcy Court, Washington Western LIVE Database V4.2

Date Filed: 05/23/12

U.S. Bankruptcy Court, Washington Western LIVE Database V4.2

----------------------Congregation of Christian Brothers

represented by Congregation of Christian Brothers-North American Province PRO SE

V. Cross Defendant ----------------------Congregation of Christian Brothers

represented by Congregation of Christian Brothers PRO SE

Cross Defendant ----------------------Congregation of Christian Brothers-North American Province

represented by Congregation of Christian Brothers-North American Province PRO SE

U.S. Bankruptcy Court, Washington Western LIVE Database V4.2

U.S. Bankruptcy Court, Washington Western LIVE Database V4.2

PACER Service Center

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Consent of co-defendants, if any, is not necessary for removal under 28 U.S.C.

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