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Michael A. Patterson, Esq.

NYSBA Reg. No. 3615283
PATTERSON BUCHANAN FOBES LEITCH
& KALZER, INC. , P. S.
2112 Third Avenue, Suite 500
Seattle, Washington 98121
Telephone: (206) 462-6700
Facsimile: (206) 462-6701

-and-

Ford Elsaesser, Esq.
Idaho State Bar #2205
ELSAESSER JARZABEK ANDERSON ELLIOTT
& MACDONALD, CHTD.
102 South Euclid, Suite 307
P. O. Box 1049
Sandpoint, Idaho 838764
Telephone: (208) 263-8517
Facsimile: (208) 263-0759



UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK


In re:

The Christian Brothers Institute, et al,

Debtors.

Chapter 11

Case No. 11-22820 (RDD)
(Jointly Administered)


MOTION FOR PARTIAL RECONSIDERATION
OF THE CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE
PARTY-IN-INTEREST FOR RECONSIDERATION
OF ORDER DIRECTING BANKRUPTCY RULE 2004
EXAMINATIONS AND PRODUCTION OF DOCUMENTS;
MOTION TO QUASH SUBPOENA; AND
MOTION FOR PROTECTIVE ORDER

The Corporation of the Catholic Archbishop of Seattle, a Party-in-Interest (hereinafter
Archdiocese) hereby moves for relief as follows:
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I. That the Court reconsider, in part, its order granting relief under Rule 2004 of the
Federal Rules of Bankruptcy Procedure entered on November 29, 2011, (Doc. 168), granting
authorization to the Debtors and affiliates of the Debtors, the Debtors being the Christian
Brothers Institute (CBI) and Christian Brothers of Ireland (CBoI), and in particular, the
production of alumni directories of certain listed high schools contained in said motion (Doc.
167);
II. That the Court quash the subpoena, in part, with regard to certain directories
information requested; and
III. Pursuant to Bankruptcy Rule 7026, that the Court grant a protective order with
regard to said directories information, as set out below.
CERTIFICATE OF CONFERENCE
With regard to the limitation on production sought herein, the Archdiocese has met and
conferred with counsel for the Debtors, and has exchanged proposals in good faith to resolve this
matter, short of hearing. As of the date of this motion, such efforts have been unsuccessful. The
Archdiocese will endeavor to continue to confer with Debtors counsel to resolve this matter
prior to hearing.
I. MOTION FOR PARTIAL RECONSIDERATION OF BR 2004
ORDER, ENTERED BY COURT ON NOVEMBER 28, 2011 (Doc. 168)

On November 22, 2011, the Debtor filed Debtors Motion For Entry of an Order Pursuant
to Fed.R.Bankr.P.2004 Directing Production of Documents and Authorizing Issuance of
Subpoenas to Obtain Alumni Directories (Doc. 167) for production of certain documents by a
large number of high schools, including ODea High School, a high school in Seattle,
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Washington, owned by the Archdiocese. Prior to any opportunity to object to said motion, the
motion was granted in summary fashion on November 29, 2011 (Doc. 168).
Although a formal subpoena has not yet been received by the Archdiocese, it is
anticipated that one will be served upon the Archdiocese or its attorneys and agents requiring
production of all directories of alumni of ODea High School (hereinafter ODea). ODea
has been in operation since 1923.
The Archdiocese recognizes in the context of the pending Chapter 11 matter, the
relevance of contact information for alumni of ODea for periods of time in which alleged,
known, or suspected clergy associated with the Debtors, or entities under the control of or related
to the Debtors, were employed at ODea. The Archdiocese does not object, subject to a
reasonable protective order, to providing such information to the Debtors. The Archdiocese does
object, however, to providing any listing or directory of all known alumni of ODea where said
alumni attended ODea during a time period during which clergy employed by the Debtors or
related entities of the Debtors were employed or otherwise serving at ODea.
After receiving the order of November 29, 2011 (Doc. 168), the Archdiocese has
endeavored to limit the production to the Debtors of such alumni information to those periods
during which there are credible allegations of abuse, or during those periods when Christian
Brothers clergy otherwise alleged to have been involved in such abuse elsewhere served at
ODea.
The Archdiocese also has requested that the production of such alumni information be
held and maintained on a confidential basis, unless and until the Debtors seek and this Court
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orders that notice be given to said parties, and that the identity of such alumni, other than such
notices as may be approved, be kept strictly confidential.
The Debtors counsel and counsel for the Archdiocese conferred on these matters by
telephone on Monday, December 5, 2011, and exchanged the correspondence set out as follows:
Exhibit Aletter from Michael Patterson to Scott Markowitz, dated December 5, 2011;
Exhibit Bletter from Nicole Brodie Jackson to Scott Markowitz, attaching draft
proposed Stipulation and Order Regarding the Production and Exchange of Information of ODea
High School Alumni Directories, dated December 7, 2011;

Exhibit Cpreliminary response from Debtors counsel, Scott Markowitz, dated
December 9, 2011, indicating that the Debtors will insist upon production of all ODea alumni
information.

II. ARGUMENT

As this Court is aware from prior proceedings, the Archdiocese has been joined as an
additional defendant in lawsuits commenced in King County, Washington, in which the Debtors,
parties related to the Debtors, and the Archdiocese have been named defendants. Numerous
cases have been settled, and as the Court is also aware, the Archdiocese is the owner of certain
policies of insurance in which the Debtors, parties related the Debtor, and the Archdiocese, are
insured. Most recently, on November 23, 2011, at least seven new lawsuits were filed against the
Archdiocese, and parties related to the Debtors, such as the Congregation of Christian Brothers,
North American Province (hereinafter CCB-NAP). This Court will ultimately have to deal
with the issue with regard to CCB-NAP and other related Christian Brothers entities that are not
filed as Debtors in this case, particularly with regard to insurance policies in which the Debtors
has an alleged interest, as an alleged additional insured.
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The Archdiocese argues that no purpose would be served in sending notice to alumni who
attended ODea during years in which no abuse is alleged; no alleged abuser served in any
capacity at ODea; and no reasonable suspicion or investigation has disclosed any indication that
such abuse occurred involving employees of the Debtors or parties related to the Debtors.
Sending notice to alumni who attended ODea during such periods, without any justifiable
reason, would create confusion and intrude upon the privacy of such alumni, with no basis or
probable cause to do so. Absent some indicia of such abuse having taken place or a further
indication that a Christian Brother serving at ODea had otherwise been credibly alleged to have
been involved with abuse elsewhere, there is simply no relevance to such alumni information.
Finally, the Archdiocese with regard to alumni who did attend ODea during relevant
periods, a protective order is necessary with regard to such information so that it is kept strictly
confidential until such time as a proposed method and procedure of noticing such alumni is
sought as part of an overall notice procedure, at which time the Archdiocese could be heard with
regard to said process.
III. NO PREJUDICE

The Archdiocese argues that no prejudice will be suffered by the Debtors by limiting and
restricting the production of alumni information as requested by the Archdiocese as to the
relevant years.
IV. REQUEST FOR RELIEF

The Archdiocese has complied with the meet and confer provision required under FRCP
Rule 26, as adopted by BR 7026. The Archdiocese had no prior ability to object to the full scope
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of the BR 2004 order previously entered by the Court. The Archdiocese respectfully requests
that the scope of the production sought by subpoena under said BR 2004 order be limited, and
that a protective order be entered as follows:
1) That alumni directory information provided to the Debtors be provided on a
confidential basis to the Debtors counsel for those student-years during which
credible allegations of abuse have been made, as well as for those student-years when
members or employees of the Debtors or entities related to the Debtors who have
otherwise been credibly alleged to be abusers served at ODea;
2) That the alumni information so provided be kept strictly confidential and not be
published or made public in any manner, except as may be further ordered by this
Court; and
3) That to the extent such alumni information is intended to be used by the Debtors
under any proposed noticing procedure or practice, that the Archdiocese have a
further opportunity to be heard concerning same prior to any such actual noticing
utilizing the produced alumni information.
NOTICE
15. Notice of this Motion has been given: a) to the U. S. Trustee; b) to counsel to the
Debtors; c) to all parties listed on the matrixes of creditors provided by the Debtors in these
cases; d) to all parties filing an notice of appearance in these cases as of the date hereof; and e) to
the Committee herein and its counsel.
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WHEREFORE, the Archdiocese respectfully requests that this Court (i) enter an order
substantially in the form attached hereto as Exhibit B, granting the relief sought herein; and (ii)
grant such other and further relief to the Archdiocese as the Court may deem proper.
Respectfully submitted this _13
th
day of December, 2011.

/s/ Michael A. Patterson
Michael A. Patterson
Nicole Brodie Jackson
Karen A. Kalzer
Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S.
2112 Third Avenue, Suite 500
Seattle, Washington 98121
Telephone: (206) 462-6700
Facsimile: (206) 462-6701
map@pattersonbuchanan.com
nbj@pattersonbuchanan.com
kak@pattersonbuchanan.com

-and-

/s/ Ford Elsaesser
Ford Elsaesser, Esq., Pro Hac Vice
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
102 South Euclid Avenue, Suite 307
P. O. Box 1049
Sandpoint, Idaho 83864
Telephone: (208) 263-8517
Facsimile: (208) 263-0759
ford@ejame.com

Attorneys for the Corporation of the Catholic Archbishop
of Seattle Party-in-Interest
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PATTEHSON BUClli\Ni\N
FOBES LEITCH & KALZlm, INC.,
TOLL mH': (BOO) 'In3!! J!)

;>.lkhacl A. l'altcrsllllt
Patricia K. BlIchnllun-'
DUllCml K. Fobes"
P. E. L\!itch'
Karcn A Kalzer'
DOIl<lld F. Austin".
YUSIl1CCII M, J\hdulluh
Murk A. Andcrson
Erin C. BnrmhyA
Dmlicl P. Crowller
Admn G. Cull'
J. DeLisa'
VIA EN/All AND U.S. lV/AlL
1'vll'. Scott Markowitz
Tarler Krinsky & Drogin LLP
1350 Broadway
New York, NY ) 0018
SEAnu: OFFICE
WnshfflHIHn Uil 19.1
(206) ,1fl2'(i700 FAX (20(l) .1(;2,1)701
Joseph P. Dcrrig
I'nnl Euwnnls-Kcvill
Rhimulll M. Frol1uplcl
Annll I,!. Chllaviz
Onik'u I. (Jjllium"ll
Sorult E. I'lcincmnrl''''
December 5, 2011
Tholllas E.!'>'!. 1I11110n-0
Nicole B. Jacksllu*
Scall D. Jucksoll
Scoll I. Jamieson
Miclmcl T. Kitson
lirik M. Lllihn
1\lldrcw S. Kmnins
A Also adllliued in Cnlif(lfl1in
o Also ill f).C.
i\lso ndillined Ilildflhl)
Also ndll1i1\ed in l\,l:trylnnd
Re: Christian Brothers Bankruptcy
Dcar Scott:
PORTL\XD orFlfT
1 (}O 1 SW Fifth Ave. '1 1 ill Fk){)!
Portland. ()t(';HW) 97204
2005400 FAX 2DDMOI
Dunicl O. Uoyd*
Saruh S. Mack"
Angela N. M<lTshluin'
Keith I\. Talbot
Kristina n. Terrien
BrYll1l T. Terry
Katharine M. Tylcc
Also in MassacliusclI'I
Also llllinincrl in Michi[tJlII
t Also mltuittcd in New Yorl;
AlsII nlimillcd in Oregon
II Also ;nlmil1cd ill U.S Y1IWn I.(mlds
As discllssed during om telephone conversation today, in order to further limit the
subpoenas requesting alumni directories from O'Dea High School, the Archdiocese hereby
provides you with the inJhrmatiol1 pertaining to the relevHnt years that the rll]eged abusers served
at O'Dea.
YClll'S at O'Dea
1954-l963
1967- 197 J
1972-1977
1972-198J
1974-1978
Ahuscr(s)
Kealy
Brouillette
Dunne
Palilucc1
Courtney
Additionally, consistent wilh Olll' conversation, the Archdiocesewol1ld like to work with
YOll in reaching an agreemcnt to limit the subpoenas for alumni directorics consistent with the
above-specified years and prohibit dissemination olltside of the bankruptcy litigation of those
alumni directories received. In the event we nrc unable to reach such an agreement, the
Archdiocese will seek a protective order covering the same. 'I'hank you in advance for your
cooperation with these issues. If you have any further queslions or comments, pJease do not
hesitate to contact me.
J 5500lLdoc
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Mr Scott >"1' k . < ., lY ,w ()wlt'l.
Dcccrnbor 5, 2011 '
Pagc2
MAPlNBJ/nbj
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PATTERSON BUCHANAN
FOBES LEITCH & KALZER, INC., P.S.
TOLL FREE (800) 7223815
www.pattarsonbuchanan.com
Michael A. Patterson*t
Patricia K. Buchanan*
Duncan K. Fobes*
Charles P. E. Leitch'
Karen A. Kalzer'
Donald F. Austin".
Yasmeen M. Abdullah
Mark A. Anderson
Erin C. Barmbyll
Daniel P. Crowner
Adam G. Cuff
Amy J. Delisa'
VIA EMAIL & U.S. MAIL
Mr. Scott Markowitz
Tarter Krinsky & Drogin LLP
1350 Broadway
New York, NY 10018
SEATTLE OFFICE
2112 Third Ave, Suite 500
Seattle, Washington 98121
MAIN (206) 4626700 FAX (206) 462-6701
Joseph P. Derrig
Paul Edwards-Kevin
Rhiann!l M. Fronapfel
Anna H. Galaviz
Onik'a I. Gilliam"#
Sarah E. Heineman":'
December 7, 2011
Thomas E.M. Hutton'0
Nicole B. Jackson
Sean D. Jackson
ScottI. Jamieson
Michael T. Kitson
Erik M. Laiho
Andrew S. Kamins
II Also admitled in California
o Also admitted in D.C.
Also admitted in Idaho
Also admitted in Maryland
Re: Christian Brothers Bankruptcy
Dear Mr. Markowitz:
PORTLAND OFFICE
1001 SW Fifth Ave, 11 th Floor
Portland, Oregon 97204
MAIN (503) 200-5400 FAX (503) 200-5401
Daniel G. Lloyd
Sarah S. Mack'
Angela N. Marshlain*
Keith A. Talbot
Kristina B. Terrien
Bryan T. Terry
Katharine M. Tylee
Also admitted in Massachuselts
.:. Also admitted in Michigan
t Also admitled in New York
+ Also admitted in Oregon
# Also admitted in u.s. Virgin Islands
Pursuant to previous discussions and correspondence, please find attached our proposed
Stipulation and Order Regarding the Production and Exchange of Information of O'Dea High
School Alumni Directories,
If you have any further questions or comments, please do not hesitate to contact Michael
Patterson at (206) 462-6702 or myself at (206) 462-6709.
NBJ/nbjlaxf
Enclosure(s)
cc: Michael A. Patterson
Karen A. Kalzer
I 55425.doc
Very truly yours,
~ 6 ~
Nicole Brodie Jackson
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
THE CHRISTIAN BROTHERS' INSTITUTE, et aI.,
Debtor(s)
Chapter 11
Case No. 11-22820 (RRD)
(Jointly Administered)
STIPULATION AND ORDER REGARDING THE PRODUCTION AND EXCHANGE
OF INFORMATION OF O'DEA HIGH SCHOOL ALUMNI DIRECTORIES
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys that the following procedures, practices and limitations shall govern the production and
exchange of all documents, testimony, and other information produced, given or exchanged in
connection with the discovery directed by the United States Bankruptcy Court, Southern District
of New York, Honorable Robert D. Drain (the "Court") in connection to the Order Granting
Debtor's Motion for Entry of an Order, Pursuant to Fed. R. Bankr. P. 2004, Directing Production
of Documents (Docket No. 168) (the "Order") ("Confidential Information") in the above-
referenced jointly administered chapter 11 bankruptcy case (the "Bankruptcy") as follows:
CONFIDENTIAL INFORMATION
1. All Confidential Information obtained through the discovery process in this
Bankruptcy connected to the Order shall be shared only with the following recipients: (i) debtors
and debtors-in-possession; (ii) counsel for the debtors and debtors-in-possession; (iii) debtors'
expelis; and (iii) staff employed by counsel to assist in this Bankruptcy. Apart from the debtors
and debtors-in-possession, debtors' and debtors-in-possession's counsel, and debtors' experts,
documents produced in response to the Order shall not be used for any purposed other than
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litigation of this Bankruptcy. Oral or actual dissemination of this information or any of the facts
contained within any document, material, or information to any member of the public; any
member of the media including radio, television, print, digital, optical, or otherwise via
computer, telephone, facsimile, or any other communication medium; or any person not
otherwise specifically authorized herein, is STRICTLY PROHIBITED.
2. All persons authorized to obtain access to Confidential Information, or any copies
thereof, shall store such information, and any and all reports or notes made thereof, in a safe
place and shall take precautions to ensure that all copies, or the information contained therein, are
not disseminated to persons other than those specifically authorized herein.
3. Nothing herein shall affect or restrict any party's or person's right to object to any
discovery request, including the right to assert that no discovery should be had of certain
documents or information whether by deposition or production, on the grounds recognized at CR
26. Those grounds include but are not limited to constitutional, statutory, or common law
privileges or protections.
4. It shall be the obligation of all counsel, upon hearing of any breach or threatened
breach of this Order by any person, to promptly notify counsel for the opposing pmiy of such
breach or threatened breach.
5. The provisions of this Stipulation shall not be terminated at the conclusion of this
Bankruptcy. Absent any court order to the contrary, within 30 days after the effective date of a
plan of reorganization confirmed pursuant to a final, non-appealable order of the COUli, counsel
shall return all Confidential Information and copies thereof to counsel for the Corporation of the
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Catholic Archbishop of Seattle, or, in lieu thereof, certify in writing that such material has been
destroyed.
6. Anyone who has access to the above-referenced insurance policies pursuant to this
Stipulation and who violates the terms of this Stipulation by disclosing or revealing said policies,
reproductions thereof or analysis or reports based upon such policies, shall be subject to COUli
action enjoining the same and shall be liable for actual damages sustained by the producing pmiy
as a result of violations of this Stipulation and any attorney's fees and costs in seeking relief.
LIMITATION OF SUBPOENAS TO O'DEA HIGH SCHOOL
7. Documents requested in the subpoenas served upon O'Dea High School pursuant
to the Order shall be limited to the following years: 1954-1963; 1967-1981.
DATED New York, New York
December _, 2011
TARTER KRINSKY & DROGIN LLP
Attorneys for The Christian Brothers'
Institute, et aI., Debtors and Debtors-in-
Possession
By ______________________________ _
Scott S. Markowitz
1350 Broadway, 11 th Floor
New York, NY 10018
(212) 216-8000
SO ORDERED
this __ day of December, 2011
HONORABLE ROBERT D. DRAIN
UNITED STATES BANKRUPTCY JUDGE
3
PATTERSON BUCHANAN FOBES
LEITCH & KALZER, INC., P.S.
Attorney for Corporation of the Catholic
Archbishop of Seattle, Party-in-Interest
By __________________________ __
Michael A. Patterson
2112 Third Avenue, Suite 500
Seattle, WA 98121
(206) 462-6700
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Nicole B. Jackson
From: Michael A. Patterson
Sent:
To:
Friday, December 09, 2011 4:02 PM
Nicole B. Jackson
Cc: Karen A. Kalzer
Subject: FW: Christian Brothers Bankruptcy
-----Original Message-----
From: Scott Markowitz [mailto:SMarkowitz@tarterkrinsky.com]
Sent: Friday, December 09, 2011 11:40 AM
To: Michael A. Patterson
Cc: Anthony Dougherty
Subject: RE: Christian Brothers Bankruptcy
Mike, I will send you a more formal response but we cannot agree to limit the request as you
propose in your letter for two primary reasons. First, the state of Washington does not have
a statute of limitations. Second, the list you provided is much different than our list and
we have several additional brothers who were accused of sexual abuse. It would seem that you
would have the same goal as we do to make sure that when we conclude the ch 11 process that
all claims will be barred and we don't want to litigate if we gave proper notice
-----Original Message-----
From: Rebecca L. Walker [mailto:rlw@pattersonbuchanan.com] On Behalf Of Michael A. Patterson
Sent: Monday, December 05, 2011 8:04 PM
To: Scott Markowitz
Subject: Christian Brothers Bankruptcy
Scott:
Attached please find my letter to you regarding the Christian Brothers Bankruptcy.
Kind regards,
Rebecca L. Walker on behalf of Michael A. Patterson
Rebecca L. Walker
Executive Assistant to Michael A. Patterson and Board of Directors Patterson Buchanan
Fobes Leitch & Kalzer, Inc., P.S.
2112 Third Ave., Suite 500 1 Seattle, WA 98121
i 206.462.6745 1 800-722-3815 1 Fax 206.462.67011 rlw@pattersonbuchanan.com
1001 SW Fifth Ave., 11th Floor 1 Portland, OR 97204
1 503-200-5400 1 Fax 503-200-54011 rlw@pattersonbuchanan.com CONFIDENTIALITY NOTICE: This
email message may be protected by the attorney/client privilege, work product doctrine or
other confidentiality protection. If you believe that it has been sent to you in error, do
not read it. Please reply to the sender that you have received the message in error, then
delete it. Thank you.
Circular 230 Disclosure Notice: To ensure compliance with Treasury Department rules
governing tax practice, we inform you that any advice contained herein (including in any
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attachment) (1) was not written and is not intended to be used, and cannot be used, for the
purpose of avoiding any federal tax penalty that may be imposed on the taxpayer, and (2) may
not be used in connection with promoting, marketing or recommending to another person any
transaction or matter addressed herein.
Confidentiality Disclosure: The information in this email and in attachments is confidential
and intended solely for the attention and use of the named addressee(s). This information may
be subject to legal professional or other privilege or may otherwise be protected by work
product immunity or other legal rules. It must not be disclosed to any person without our
authority. If you are not the intended recipient, or a person responsible for delivering it
to the intended recipient, you are not authorized to disclose, and must not disclose, copy)
distribute) or retain this message or any part of it.
This email is an informal communication that is not meant to be legally binding upon the
sender unless expressly noted to the contrary.
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