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Hearing Date: October 25, 2011 at 10:00 a.m. Objection Date: October 18, 2011 PACHULSKI STANG ZIEHL & JONES LLP 10100 Santa Monica, Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 James I. Stang, Esq. (admitted pro hac vice) -and780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Ilan D. Scharf, Esq. Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc. 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)
NOTICE OF HEARING ON MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER PURSUANT TO BANKRUPTCY RULE 2004 AUTHORIZING EXAMINATIONS AND PRODUCTION OF DOCUMENTS PLEASE TAKE NOTICE that a hearing (the Hearing) on the Motion of the Official Committee of Unsecured Creditors for Entry of an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examinations and Production of Documents (the Motion) filed herewith by The Official Committee of Unsecured Creditors (the Committee) of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (CBOI and, collectively with CBI,
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the Debtors), will be held before the Honorable Robert D. Drain, at the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), 300 Quarropas Street White Plains, NY 10601-4140, Room No. 118 on October 25, 2011 at 10:00 a.m. PLEASE TAKE FURTHER NOTICE that responses, if any, to the Motion must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court, and shall be filed with the Bankruptcy Court electronically in accordance with General Order M-399 (General Order M-399 can be found at www.nysb.uscourts.gov, the official website for the Bankruptcy Court), and shall be served in accordance with General Order M-399 and any further Order of the Bankruptcy Court upon the undersigned, with a copy delivered to Chambers, so as to be received no later than October 18, 2011. Only those responses made in writing and timely filed and received will be considered at the Hearing. Any such response must state with specificity the reason or reasons why the relief requested in the Motion should not be granted.
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Dated: New York, New York September 28, 2011
PACHULSKI STANG ZIEHL & JONES LLP
/s/ Ilan D. Scharf Ilan D. Scharf, Esq. 780 Third Avenue, 36th Floor New York, NY 10017-2024 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 -andJames I. Stang, Esq. (admitted pro hac vice) 10100 Santa Monica Blvd., Suite 1100 Los Angeles, California 90067-4100 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc.
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Hearing Date: October 25, 2011 at 10:00 a.m. Objection Deadline: October 18, 2011
PACHULSKI STANG ZIEHL & JONES LLP 10100 Santa Monica, Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 James I. Stang, Esq. (admitted pro hac vice) -and780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Ilan D. Scharf, Esq. Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and Christian Brothers of Ireland, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Chapter 11 In re: Case No. 11-22820 (RDD) THE CHRISTIAN BROTHERS INSTITUTE, et al., (jointly administered) Debtors.
MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER PURSUANT TO BANKRUPTCY RULE 2004 AUTHORIZING EXAMINATIONS AND PRODUCTION OF DOCUMENTS TO: THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE The Official Committee of Unsecured Creditors (the Committee) of The Christian Brothers Institute (CBI) and Christian Brothers of Ireland, Inc. (CBOI and, collectively with CBI, the Debtors) in the above-captioned cases (the Cases) under chapter 11 of Title 11 of the United States Code (the Bankruptcy Code), by and through its undersigned counsel, hereby moves (the Motion) this Court for entry of an order pursuant to Rule 2004 of the
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Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) authorizing the examination pursuant to Bankruptcy Rule 2004 of the Debtors and certain entities affiliated, related or associated with the Debtors. In support of the Motion, the Committee respectfully states as follows: PRELIMINARY STATEMENT 1. The Committee seeks information from the Debtors and affiliated, related,
or associated parties, as authorized by Bankruptcy Rule 2004, about the acts, conduct, property, liabilities, and financial condition of the Debtors. The Committee seeks information in order to assess, among other things, (a) the formation and organization of the Debtors and their affiliated, related, or associated entities, (b) the value of the Debtors assets, (c) any material assets that the Debtors may have transferred to a third party, (d) whether the Debtors made in any voidable transfers, (e) whether any entities hold property for the benefit of the Debtors, (f) the property of the Debtors estates, (g) the Discovery Parties (as defined below) financial information, including information that provided the basis for the Debtors Statements of Financial Affairs and Schedules of Assets and Liabilities, (h) insurance policies that may benefit the Debtors and their estates, (i) any other sources of recovery that may be available to satisfy creditors claims, and (j) the scope of the Debtors potential liabilities (collectively, the Investigation Matters). The Committee seeks such information in order to carry out its duties under section 1103 of the Bankruptcy Code and to work to maximize unsecured creditors recoveries in these cases. 2. Through this Motion, the Committee seeks entry of an order, pursuant to
Bankruptcy Rule 2004 authorizing the Committee to issue subpoenas to six entities: (a) CBI; (b) CBOI; (c) Christian Brothers Foundation; (d) Community Support Corporation; (e) Edmund Rice Christian Brothers North American Province; and (f) Mount Sion Community, Inc. (collectively, the Discovery Parties). The Discovery Parties are each affiliated with, associated 2
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with, or related to the Debtors and are likely to have information related to the Investigation Matters. RELEVANT FACTS1 A. Background 3. On April 28, 2011 (the Petition Date), each of the Debtors commenced
their Chapter 11 cases (the Cases) by filing a voluntary petition for relief under Chapter 11 of Title 11, United States Code (the Code). Pursuant to 1107(a) and 1108 of the Bankruptcy Code, the Debtors continue to operate as debtors in possession. 4. CBI alleges that it is a domestic not-for-profit 501(c)(3) corporation
organized under 102(a)(5) of the New York Not-for-Profit Corporation Law. CBOI alleges that it is a domestic not-for-profit 501(c)(3) corporation organized under the Not-for-Profit Corporation Law of the State of Illinois. The Debtors allege that they were formed, for the purposes of, among other things, establishing, conducting and supporting Catholic elementary schools. The Debtors state that their immediate need for relief before this court stems from the fact that the [Debtors] have been named in numerous sexual abuse lawsuits which are alleged to have occurred between approximately 30 to 50 years ago primarily in Washington State and St. Johns Newfoundland, Canada. Local Rule 1007-2 Affidavit of Brother Kevin Griffith (the Griffith Aff.) dated April 28, 2011 [Docket No. 2] at 5. 5. On May 2, 2011, the Court entered an order consolidating the Debtors
Cases for administrative purposes only [Docket No. 8]. No trustee or examiner has been appointed in the Cases.
All facts described herein are on information and belief unless otherwise stated. In addition, as noted below, the Committee has received little information from the Debtors thus far in these Cases. As such, the Committee reserves the right to modify, clarify, or amend any factual assertions in this Motion.
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6.
On May 11, 2011 the United States Trustee for Region 2 (the U.S.
Trustee) appointed six members to the Committee. On May 23, 2011, the U.S. Trustee appointed a seventh member to the Committee. The Committee is comprised of seven individuals who are plaintiffs in cases pending against at least one of the Debtors in either Washington State or Canada. B. The Congregation of Christian Brothers 7. The Congregation of Christian Brothers (the Congregation) is a Catholic
religious order founded in 1802. The Congregation is a canonical organization set up by the Roman Catholic Church as a teaching order under the church.2 The Congregations members are referred to as brothers. The brothers are not ordained priests,3 but take vows of poverty, chastity, and obedience.4 The Committee understands that the Congregations religious mission is primarily focused on youth education. The Congregation has delineated various geographic provinces throughout the world, including North America, in which the Congregation operates.5 The Congregation has had a continuous presence in North America since approximately the early twentieth century.6 Prior to approximately 1966, the Congregation had one North American Province (the Old NAP) operating in the United States and Canada. By the early 1960s, the Congregation divided its North American Province into three provinces: the Eastern American
2
See Transcript of 341 meeting held on June 28, 2011 (341 Tr.) at 23:13-16, attached hereto as Exhibit A. See also THE HONORABLE S.H.S. HUGHES, Q.C., ROYAL COMMISSION OF INQUIRY INTO THE RESPONSE OF THE NEWFOUNDLAND CRIMINAL JUSTICE SYSTEM TO COMPLAINTS , Vol. 1, p. 1 (May 31, 1991) (the Hughes Commission Report) (available at http://lewisday.ca/ldllf.files/pdf/Mt.Cashel vol1.pdf (last visited on September 22, 2011)); REPORT OF THE COMMISSION TO INQUIRE INTO CHILD ABUSE, 6.01 (May 2009) (available at http://www.childabusecommission.ie/rpt/01-06.pdf (last visited on September 22, 2011)) (the Abuse Commission Report).
3 4 5
See Hughes Commission Report at p. 5. See Abuse Commission Report at 6.87.
See Deposition of Br. Vincent McNally conducted on June 22, 2007 at 13:17 - 14:21 (the McNally Dep.), attached hereto as Exhibit B.
6
See Hughes Commission Report at p. 4 (The Congregation of Christian Brothers was first established on North America as a a separate province in New York in 1916); Griffith Aff. at 4 ([CBI] was formed in 1903).
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Province (the Eastern Province); the Western American Province (the Western Province); and the Canadian Province (collectively, with the Eastern Province and the Western Province, the Three Provinces).7 8. As of 2005, the Three Provinces merged into a single province (the 2005
Restructuring) called the Edmund Rice Christian Brothers North American Province (the New NAP).8 The New NAP is headed by a Provincial Leader and a Provincial Leadership Team of seven brothers (all of whom are also the directors or trustees of each of the Debtors). 9 C. The Congregations Civil Entities 9. There are contentions that the Congregations provinces in North America
are not recognized under civil law as entities that can hold property and enter into contracts under civil law.10 Like other U.S.-based dioceses and religious orders, the Congregation conducts its North American temporal affairs through civil entities. The Old NAP operated through debtor CBI.11 CBI continued as the civil entity for the Eastern Province after the Old NAP was split up.12 The Western Province operated through debtor CBOI after the Western Province was formed. CBI and CBOI currently own property that is used by brothers of the New NAP, and in the past was used by brothers of one or more of the three Provinces in North America. CBI and CBOI each also entered into contracts on behalf of or for the benefit of brothers and/or the Congregation in North America.
7
See Ex. B, McNally Dep. at 17:15-18:16; see also Motion of Corporation of The Catholic Archbishop of Seattle to Seek Determination of the Extent of 11 U.S.C. 362 Stay with Regard to Edmund Rice Congregation of Christian Brothers-North American Province (the Archdiocese Motion) [Docket No. 69] at p. 8.
8 9
See Ex. A, 341 Tr. at 32:12-21. See Ex. A, 341 Tr. at 22:20-23:5 and 38:20-39:11. See Archdiocese Motion at pp. 8-9; Ex. A, 341 Tr. at 87:14-17.
10 11
See Transcript of deposition of Brother Daniel J. Casey conducted on January 8, 2010 at 144:4-145:21, attached hereto as Exhibit C.
12
See Transcript of deposition of Br. Charles J. Avendano conducted on January 12, 2006 at 126:19-25, attached hereto as Exhibit D.
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10.
The Canadian Province utilized The Christian Brothers of Ireland in
Canada (CBIC) as its civil entity.13 CBIC was liquidated through a Canadian proceeding initiated in 1996 in the wake of claims resulting from sex abuse by brothers in the Mount Cashel Orphanage operated by CBIC and/or CBI in Newfoundland.14 11. Mount Sion Community, Inc. (Mount Sion) was founded as part of the
2005 Restructuring. The Debtors represent that Mount Sion was established to provide for the needs of the New NAPs Provincial Leadership Team.15 12. CBI has received cash transfers from Christian Brothers Foundation (the
Foundation) and the Foundation is listed as a creditor of CBI.16 Similarly, CBOI has received cash transfers from Community Support Corporation (CSC) and CSC is listed as a creditor of CBOI.17 Foundation and CSC are listed as creditors of CBI and CBOI, respectively, in each of the Debtors Schedules [Docket Nos. 35 and 37]. Upon information and belief, Foundation and CSC were established to provide support for the brothers of the Congregation in North America. D. Informal Discovery Efforts 13. Shortly after its appointment, the Committee informed the Debtors that it
would need information regarding the Investigation Matters. In that regard, the Committee sent an informal discovery request to the Debtors on July 21, 2011.18 On August 8, 2011, the Committee and the Debtors met and conferred regarding the information the Committee requested. At the August 8 conference, the Debtors committed to describe whether they had
13 14
See Rowland v. Vancouver College Ltd., 205 D.L.R. (4th) 193 at 9.
See generally, In the Matter of the Winding Up of the Christian Brothers of Ireland in Canada, 49 C.B.R. (4th) 12, 69 O.R. (3d) 507 (2004).
15 16 17 18
See Ex. A, 341 Tr. at 102:17-24. See CBIs Statement of Financial Affairs at Question No. 3 [Docket No. 36]. See CBOIs Statement of Financial Affairs at Question No. 3 [Docket No. 37]. See email from Ilan D. Scharf to Scott Markowitz dated July 21, 2011, attached hereto as Exhibit E.
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documents responsive to each of the Committees requests. The Debtors also committed to begin producing Investigation Material to the Committee starting with copies of documents that had already been produced by the Debtors or the Congregations Provinces in other litigations currently pending in Washington and Canada. The Debtors committed to produce such documents by the week of September 12, 2011.19 14. On September 7, 2011, the Debtors, the New NAP and the Committee
executed a confidentiality agreement (which the Debtors and the New NAP required prior to producing any documents). 15. To date, the Debtors have not provided a written response to the
Committees informal document request. On September 21, 2011, the Debtors produced certain documents requested by the Committee.20 The Debtors have provided (a) documents produced in other litigations, (b) an incomplete list of brothers accused of sexual abuse and (c) a list of U.S. schools and other institutions in which the Debtors operated. The lists of brothers and institutions was produced in connection with the Debtors and the Committees negotiations regarding procedures related to establishing a bar date to assert claims against the Debtors. 16. As such, the Committee is seeking authorization to seek information from
each of the Discovery Parties pursuant to Rule 2004. JURISDICTION 17. This Court has subject matter jurisdiction to consider this matter pursuant
to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. The statutory
19 20
See email from Scott Markowitz to Ilan D. Scharf dated September 12, 2011, attached hereto as Exhibit F. See letter from Scott Markowitz to Michael Dunn dated September 21, 2011, attached hereto as Exhibit G.
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predicate for the relief sought herein are sections 1103 and 1109(b) of the Bankruptcy Code and Bankruptcy Rule 2004. RELIEF REQUESTED 18. The Committee respectfully requests entry of an order pursuant to
Bankruptcy Rule 2004 authorizing the Committee to (a) issue subpoenas that direct production of Investigation Matters from each of the Discovery Parties, substantially in the forms annexed hereto as Exhibits H through M (the Requests), and (b) issue subpoenas for testimony related to the information sought in the Requests. BASIS FOR RELIEF 19. Bankruptcy Rule 2004 (a) provides that [o]n motion of any party in
interest, the court may order the examination of any entity. Bankruptcy Rule 2004(a). Bankruptcy Rule 2004 is primarily used for revealing the nature and extent of the bankruptcy estate, and for discovering assets, examining transactions, and determining what wrongdoing occurred. In re Kelton, 389 B.R. 812, 820 (Bankr. S.D. Ga. 2008); see also In re Lufkin, 255 B.R. 204, 208 (Bankr. E.D. Tenn. 2000) (purpose of Rule 2004 is to determine the condition, extent, and location of the debtors estate in order to maximize distribution to unsecured creditors) In re The Bennet Funding Group, Inc., 203 B.R. 24, 28 (Bankr. N.D.N.Y. 1996) (purpose of Rule 2004 is to assist in revealing the nature and extent of the estate, and to discover assets of the debtor which may have been intentionally or unintentionally concealed). Pursuant to Bankruptcy Rule 2004, a party in interest may seek both document and oral discovery related to acts, conduct, or property of the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtors estate, or to the debtors right to a discharge. Bankruptcy Rule 2004(b). Under Bankruptcy Rule 2004(c), the attendance of an entity for examination and the production of documents may be compelled 8
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in the manner provided in Rule 9016 for the attendance of witnesses at a hearing or trial. In turn, Bankruptcy Rule 9016 makes Rule 45 of the Federal Rules of Civil Procedure (governing subpoenas) applicable in cases under the Bankruptcy Code. Bankruptcy Rule 9016. 20. Unlike discovery under the Federal Rules of Civil Procedure (the Civil
Rules), discovery under Bankruptcy Rule 2004 can be used as a pre-litigation discovery device. In re Wilson, 2009 WL 304672, at *5 (Bankr. E.D. La. 2009). As such, a Bankruptcy Rule 2004 motion need not be tied to specific factual allegations at issue between parties. In re Symington, 209 B.R. 678, 683 (Bankr. D. Md. 1997) (Bankruptcy Rule 2004 permits examination of any party without the requirement of a pending adversary proceeding or contested matter). 21. Moreover, the scope of a Bankruptcy Rule 2004 examination is broader
than that of discovery under the Civil Rules or the Bankruptcy Rules governing adversary proceedings. In re Ecam Publications, Inc., 131 B.R. 556, 559 (Bankr. S.D.N.Y. 1991); see also In re Drexel Burnham Lambert Group, Inc., 123 B.R. 702, 711 (Bankr. S.D.N.Y. 1991) ([T]he scope of a Rule 2004 examination is very broad. Rule 2004 discovery is broader than discovery under the Federal Rules of Civil Procedure.). In fact, courts have recognized that Bankruptcy Rule 2004 examinations may be broad and unfettered, and can legitimately be in the nature of a fishing expedition. In re Countrywide Home Loans, Inc., 384 B.R. 373, 400 (Bankr. W.D. Pa. 2008). See also In re Lev, 2008 WL 207523, at *3 (Bankr. D.N.J. 2008); In re Bakalis, 199 B.R. 443, 447 (Bankr. E.D.N.Y. 1996); In re The Bennet Funding Group, Inc., 203 B.R. 24, 28 (Bankr. N.D.N.Y. 1996) (purpose of Rule 2004 is to assist in revealing the nature and extent of the estate, and to discover assets of the debtor which may have been intentionally or unintentionally concealed); In re Valley Forge Plaza Assocs., 109 B.R. 669, 674 (E.D. Pa.
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1990). Because the purpose of the Rule 2004 investigation is to aid in the discovery of assets, any third party who can be shown to have a relationship with the debtor can be made subject to a Rule 2004 investigation. In re Ionosphere Clubs, Inc., 156 B.R. 414, 432, (Bankr. S.D.N.Y. 1993), affd, 17 F.3d 600 (2d Cir. 1994). 22. The decision whether to authorize the requested discovery rests within the
sound discretion of the bankruptcy court. See, e.g., In re Hammond, 140 B.R. 197, 200 (Bankr. S.D. Ohio 1992). Courts authorize discovery under Bankruptcy Rule 2004 to assist in recovering assets for the benefit of a debtors creditors. See In re Vantage Petroleum Corp., 34 B.R. 650, 651 (Bankr. E.D.N.Y. 1983) (allowing discovery under Rule 2004 to help the debtor discover and recover assets for benefit of creditors of the debtor). 23. In addition, section 105(a) of the Bankruptcy Code authorizes the Court to
issue any order that is necessary or appropriate to carry out provisions of this title. The Committees investigation of the Potential Claims will, among other things, assist the Committee to fulfill its statutory duty to investigate the acts, conduct, assets, liabilities, and financial condition of the [D]ebtor[s]. 11 U.S.C. 1103(c)(2). The relief requested in this Motion will help the Committee perform this and other statutory functions more efficiently by reducing the burden and cost to the Court, the Committee, the Debtors and all other parties in interest in this case were the Committee to be required to move for entry of individual orders for each necessary request for discovery pursuant to Bankruptcy Rule 2004. Moreover, the substantive rights of any party to object to or modify the information requested by the Committee will not be reduced or expanded by the relief requested. 24. Here, the requested relief is well within the scope of Bankruptcy Rule
2004. The Committee seeks to maximize the amount of creditors recoveries in these cases. As
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such, the Committee needs the information it seeks from the Discovery Entities, including, information about (a) the formation and organization of the Debtors and their related entities, (b) the value of the Debtors assets, (c) any material assets that the Debtors may have transferred to a third party, (d) whether the Debtors engaged in any voidable transfers, (e) whether any entities hold property for the benefit of the Debtors, (f) the property of the Debtors estates, (g) the Discovery Parties financial information, including information that forms the basis for the Debtors Statements of Financial Affairs and Schedules of Assets and Liabilities, (h) insurance policies that may benefit the Debtors, (i) any other sources of recovery that may be available to satisfy creditors claims, and (j) the scope of the Debtors potential liability. 25. Based on the foregoing, the Court should enter an order authorizing the
Committee to issue subpoenas (a) seeking Investigation Material from the Discovery Parties and (b) testimony regarding the Investigation Material. NO PRIOR REQUEST 26. or any other Court. NOTICE 27. Notice of this Motion has been given to (a) the U.S. Trustee; (b) Counsel No prior request for the relief sought in this Motion has been made to this
to the Debtors; (c) all parties listed on the matrixes of creditors provided by the Debtors in these Cases; and (d) all parties that filed a notice of appearance in these Cases as of the date hereof. In light of the nature of the relief requested herein, the Committee submits that no other or further notice is required.
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WHEREFORE, the Committee respectfully requests that this Court: (i) enter an order substantially in the form attached hereto as Exhibit N, granting the relief sought herein; and (ii) grant such other and further relief to the Committee as the Court may deem proper. Dated: New York, New York September 28, 2011 PACHULSKI STANG ZIEHL & JONES LLP
/s/Ilan D. Scharf Ilan D. Scharf, Esq. 780 Third Avenue, 36th Floor New York, NY 10017-2024 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 -andJames I. Stang, Esq. (admitted pro hac vice) 10100 Santa Monica Blvd., Suite 1100 Los Angeles, California 90067-4100 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc.
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Exhibit A
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------X IN THE MATTER OF: Case No. 11-22820 Paul Schwartzberg THE CHRISTIAN BROTHERS INSTITUTE, ET AL. -------------------------------X 341 HEARING June 28, 2011 2:00 P.M. HELD AT: OFFICE OF THE UNITED STATES TRUSTEE New York, NY PAUL SCHWARTZBERG Trustee SCOTT MARKOWITZ, ESQ. Representing Christian Brothers JAMES STANG, ESQ. Representing the Official Committee MIKE PATTERSON, ESQ. Representing the Archdiocese of Seattle FATHER ROBERT HOTSER DARRYL COCHRAN, ESQ. Representing Mr. Robert Shanks MICHAEL PFAU, ESQ. Representing various creditors JEFF BODEN, ESQ. Representing various claimants
BEFORE:
APPEARANCES:
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EXAMINATION OF K. GRIFFITH BY J. STANG
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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
examination regarding what was going to happen today? A: Q: No. Um, actually one was cited by Mr. McNally and Did
Brothers of Ireland was signed by Patrick Hayes. you speak with Mr. Hayes? A: Q: No.
Did you review the monthly operating reports
before, uh, Mr. Hayes and Mr., uh, McNally signed them? A: I am--I am somewhat familiar with whats in
those reports, but, uh, I dont know that Id say I reviewed them. Q: Are you the person in, uh, c-, Christian
Brothers Institute whos most familiar with its assets and liabilities? A: Uh, Id say there are several of us who are
as familiar. Q: A: Team. Q: A: Could you identify them, please? Uh, Hugh ONeill, myself, Mary Lynch, Mark And who would they be? Well, the members of the Province Leadership
Murphy, Raymond Veracruzi [phonetic] and Dan Casey. Q: Is that true for the Institute and the
Ubiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524
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Brothers of Ireland? A: Q: A: Q: That is correct. Same people. Same people. Okay. Um, are you familiar with an entity For CBI and CBOI.
called the Congregation of Christian Brothers? A: Im familiar with the Congregation of I am a member.
Christian Brothers. Q: A: Q: A: What is it? What is it? Uh huh.
Its a canonical organization.
The
Congregation of Christian Brothers is a canonical organization set up by the Roman Catholic Church as a teaching order under the church. Q: A: Q: And where is it headquartered? Uh, Rome. Okay. And do you refer to it as the
congregation or as the curiae, or as something else? How should we refer to it today? A: Q: The Congregation. The Congregation. Um, is everyone who is a
Christian Brother--is that the right, uh, is that the right way of describing it or-Ubiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524
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A: Q:
[Interposing] Yes. Uh, is everyone whos a Christian Brother a
member of the Congregation? A: Everyone who is a Christian Brother is a
canonical member of the Congregation of Christian Brothers, yes. Q: When you say canonical member, do I need to
look to canon law to understand what that means? A: Well, I say it that way because its not a Its a canonical entity.
legal entity. Q:
Is there a civil law entity in the United
States, much like the Institute, which is a New York corporation, or the Brothers of Ireland, which I believe is now - - corporation, is there a similar kind of civil corporation for the Congregation itself? A: Q: A: Q: A: Q: Rome? A: Q: No, I have not. Have you ever, um, been missioned or tasked
No, there is not. Is there one in Italy? Not that Im aware of. Okay. Uh, how long have you been a brother?
Thirty-two years. Um, have you ever served the congregation in
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outside of the United States? A: No, I have not. Well, Ive never been Ive--Ive
assigned outside of the United States.
been two places outside of the United States for conferences. Q: A: Okay. But Ive never been missioned outside of the
United States, no. Q: Okay. Um, now, what is the relationship of
an entity that Ive come to know as the North American Province, to the congregation? A: The--the Congregation of Christian Brothers
is made up of the five provinces and one region. Again they are canonical entities. Edmund Rice
Christian Brothers North America is one of those five provinces. Q: Okay. And when you say that they are
canonical entities, the congregation is chartered somehow by the Holy See? Thats, uh, it exists by
virtue of the authority of the Holy See? A: Q: Correct. Okay. Are the Provinces created by the Holy
See, or are they created by the leadership of the congregation?

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A:
The leadership of the congregation, with
approval from the Holy See. Q: Okay. Um, what is the relationship of
Christian Brothers, Inc. to the North American Province? A: Christian Brothers, Inc. is a corporation. MR. MARKOWITZ: Wait. Wait. Just so
were clear, Christian Brothers, Inc., is that an entity? MR. STANG: sorry. I--Im--Im sorry. Im
I apologize.
Christian Brothers
Institute. Q: What is the relationship of Christian
Brothers Institute to the North American Province? A: Christian Brothers Institute is a corporation
of Edmund Rice Christian Brothers North America. Q: Its a--its a corporation of. Does--does
the Province own--I dont understand the of part. What does that mean, to be of the Province? MR. MARKOWITZ: If you dont know the
legal significance, then you dont know-Q: [Interposing] Well, well, just explain to me
what you meant by that. A: Well, its a corpor-, its a--its a-Ubiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524
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Christian Brothers Institute is a legal corporation with trustees. Q: Okay. And whats its relationship to the
North American Province? A: Q: Im not clear what the question is. Okay. Um--
TRUSTEE PAUL SCHWARTZBERG: [Interposing] He doesnt understand the question. Q: Province. A: Q: A: Q: --we have a canonical entity, which is the Uh, does it own any real estate? No. Does it own any personal property? Not that Im aware of. Okay. Um, so its basically a group of men
who work towards a common purpose or purposes? A: Q: A: Q: Its a-[Interposing] Is that a fair statement? Its a religious congregation. Okay. Um, the--the Christian Brothers
Institute, from its schedules, has real estate. A: Q: Province?

Correct. Okay. Is that real estate owned by the
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A:
That real estate is owned by Christian Its the corporation that owns
Brothers Institute.
that real estate is Christian Brothers Institute. Q: Okay. And the leadership of the Institute
are all members of the Christian Brothers prov-, uh, North American Province. A: Q: Correct. Okay. Can there be any leadership of
Christian Brothers Institute--I guess its a board or you called it a leadership team I think, you--you-A: [Interposing] The leadership team is the
canonical entity. Q: A: trustees. Q: Okay. And--and do you-Okay. Christian Brothers Institute is a--a legal
TRUSTEE PAUL SCHWARTZBERG: [Interposing] Can I--can I interrupt really quick? MR. MARKOWITZ: Yeah, I was going to--
TRUSTEE PAUL SCHWARTZBERG: [Interposing] Are there any creditors here that arent, uh, professionals, attorneys that have questions of Brother Griffith?
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just want to make sure those people dont get drowned out. Sir, did you-Now? Yeah, I--I
MR. ROBERT HOTSER:
TRUSTEE PAUL SCHWARTZBERG:
mean, this could--I--I see where this is going, so I wanted--I wanted people who are actual, uh, uh, um, to have an opportunity and not have to, uh, uh, if they dont want to sit through all, you know-MR. HOTSER: My name is Father Robert
Hotser and Im a creditor, uh, I just wanted-a housekeeping question. I didnt receive,
uh, information about this meeting today, and I am on the list of the - - creditors, and I was wondering why that would have happened. I notified the attorney for the Debtors, I notified the White Plains Clerk-TRUSTEE PAUL SCHWARTZBERG: [Interposing] That--that would have been the clerks office. The clerks office, uh,
note--uh, sent--would have sent out the Notices. MR. MARKOWITZ: schedules. It wasnt whats in our
I think hes in a--a potentially
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disputed claim. TRUSTEE PAUL SCHWARTZBERG: MR. MARKOWITZ: Oh, okay.
He may have filed a
proof of claim, but-TRUSTEE PAUL SCHWARTZBERG: [Interposing] Oh, oh, you filed a proof of claim or--or--if you werent listed in the Debtors schedules, original mailing matrix, thats who the clerks office would have sent out letters, uh, out--the notice out to. MR. MARKOWITZ: And I dont recall
getting a letter from - - . MR. HOTSER: Yes, I sent a letter to
you, Mr. Markowitz. MR. MARKOWITZ: recall. MR. HOTSER: And I asked you--I asked Okay. I dont--I dont
you to place me on any--any mailing list. MR. MARKOWITZ: a card or something? Okay. Well, do you have
Cause I dont recall
getting a letter, we can-MR. HOTSER: [Interposing] Sure. Okay.
TRUSTEE PAUL SCHWARTZBERG:
Before Mr. Markowitz leaves, make sure you

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q:
get, uh, give your, uh, okay. MR. HOTSER: I can send another copy of
the letter to you, if youd like. MR. MARKOWITZ: Either one, or give me a
card with your address. TRUSTEE PAUL SCHWARTZBERG: Okay. All Uh,
is there anybody else who has any? right, Mr. Stang, Im sorry, I-[Cross talk] TRUSTEE PAUL SCHWARTZBERG: okay, you-MALE VOICE: Ill wait.
Oh, oh, oh,
Ill wait. Okay. Okay.
TRUSTEE PAUL SCHWARTZBERG: Okay.
Um, in order to be on the Board of directors
of Christian Brothers Institute do you have to be a--a Christian Brother? A: Q: A: Did you have to be? Yes. No. There have been times when there have
been non-Christian Brothers who are Trustees of Christian Brothers Institute. Q: Was there ever a time when a majority of the
Board was other than Christian Brothers?

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A: Q: Ireland?
Not to my knowledge. Okay. How about, um, the Brothers of
Has there ever been a time, uh, do you have
to be a--a--a brother to be on their Board--on that Board? A: Q: A: Q: Do you have to be? Uh huh. No. Okay. Has there ever been a time when a
majority of the Board was not Christian Brothers? A: Uh, I do not--I do not know the past history
of Christian Brothers of Ireland, uh, when the--the, uh, the canonical entity restructured, I know youre aware that there were three provinces that became one province, Edmund Rice Christian Brothers North America, so prior to that, Christian Brothers of Ireland was not an entity that I would have been involved with, so I cant speak for their history, uh, I dont know who the trustees were from 1966 until 2005. Q: A: Q: A: 2005 is when the restructuring occurred? Correct. And youre familiar-[Interposing] My anUbiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524
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Q: A:
[Interposing] Im sorry. My understanding is that most of the time it
was--it was, uh, they were Christian Brothers, uh, I do not know whether there were non-Christian Brothers that were part of that. Q: Okay. Are you familiar with the history of
the Brothers of Ireland since the restructuring? A: Q: The Christian Brothers of Ireland? Yes. Uh, I--Im trying to come up with a
shorthand for-A: Q: A: Q: [Interposing] CBOI. CBOI. Okay. Are you familiar with the history of CBOI
since the-A: Q: A: Q: [Interposing] Yes. --restructuring? Correct. Okay. Um, so if Christian Brothers Institute
is, uh, owns real estate, we know that from the schedules, does it own that real estate to effectuate the mission of the Province? A: Q: And to provide housing for the Brothers. Which is part of its mission, I assume part
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of what pr-, uh, Christian Brothers do is take care of brothers. A: Well, when--when I hear the word mission I Uh, part
think of--of the work that the brothers do.
of the--part of what Christian Brothers Institute, the--the--the properties that we own, uh, uh, a great deal of the properties provide housing for the brothers. Q: So if there is any property that, um, is
owned by CBI, is it owned in connection with the purposes of the Province, be it its religious mission or its obligation to take care of brothers? A: Q: A: Q: Correct. Okay. Yes. Okay. Um, when you stood up and des-, And is the same true for CBOI?
described, um, the other cr-, the needs of, uh, the creditor structure, you referred to agreement--you referenced to a deficit in support for the retirement needs of--of brothers. Um, is there an agreement
between CBI and any other person or thing, or entity, for the maintenance and support of the brothers? A: Q: I do not know what your-[Interposing] Okay.
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A: Q:
--sure what your question is. Uh, if Im a retired brother and I have
housing needs, is it CBIs obligation to assist me in those housing needs? A: It is the obligation of Edmund Rice Christian
Brothers North America to provide those needs. Q: A: Q: A: Q: Is it the obligation of CBI? Not necessarily. It is the obligation of CBOI? Not necessarily. Okay. Uh, when you say not necessarily,
they--they could do it but they dont have to? A: Well, CB--yeah, CBI--CBI provides what--some
of the brothers live in residences that are not part of CBI or CBOI. Q: A: Thats what Im trying to say.
But those are-[Interposing] Some of the brothers--some of
the needs of the brothers for--for residential living, are not connected to CBI or CBOI. Q: Who pays the, uh, are they rented properties,
where they live? A: Uh, some of them are rented properties, some
of them are, uh, uh, you know, properties where theyre--theyre allowed to live without a rent.
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Q:
Does CBI provide rental payments for, uh,
brothers residential needs if theyre not residing at owned property? A: Q: Not always. Okay. Does it provide stipends or any form
of support to the owner of the property for the brothers who are living at properties not owned by CBI? A: Q: Not always. Okay. So it would be a gift from the
property owner where theyre living to let them live there, or--or the brothers, uh, Im sorry, let me get that. A: C--CBOI is--does not have a centralized
system for funding-Q: A: [Interposing] Uh huh. --so some of the brothers who, uh, would live
in, uh, some of the brothers who administer in schools, many of our residences are connected to the schools, so the school would provide for the living needs of the brothers. Q: A: Okay. The stipend and/or salary that a brother
might get from a given school, and CBOI, does not come
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to an--excuse me, in CBI, does not come to CBI, it goes to the community in which the brother lives. Q: A: Okay. And those communities are not part of
Christian Brothers Institute. Q: A: Q: Do brothers take an oath of poverty? A vow of poverty. I--Im sorry, a vow of poverty. You have to
say yes or no for the recording. A: Q: A: Q: A: Q: Yes. Okay. A vow of poverty. It just cant pick up the head shakes. Sorry. Okay.
Um, as part of the vow of poverty, is there a
promise or a vow that any of your personal property belongs to the congregation? A: Q: Correct. Okay. So the fact that someone might get
compensation from the school for services directly from a check from the school is simply a mechanical issue of how the money flows, because that money actually belongs to-A: [Interposing] The individual would not get a
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check from the school. lives will. Q:
The community in which he
The money--
[Interposing] But I thought there was an
instance where someone might get a check directly from the institution or-A: [Interposing] No, the money does not go
directly to a brother, it goes to the community in which the brother resides. Q: Okay. So, uh, sorry. Okay. So the checks
made out to, uh, XYZ Community House or XYZ Community - - to Brother Smith. A: Q: Thats the usual way of operating, yes. If a check were made out to Brother Smith,
hed have to account for it somehow to be--to--to his community? A: Ordinarily we would require that he, uh, sign
that check over to the community. Q: Okay. Um--
TRUSTEE PAUL SCHWARTZBERG: [Interposing] I dont want to cut you off cause I--again I want to give you some leeway, but again a lot of these kind of questions are more like deposition style, and I want you, to the extent you have things in
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the schedules or things that are more appropriate for a 341 meeting, uh, it would be good for you to get those out, because I want you to be able to get to those--heart of those questions. These are the kind of
questions that were - - deposition style than - - . MR. STANG: I have probably more
examination questions, but, uh-MR. MARKOWITZ: Well. MR. STANG: --deposition, but. [Interposing] Okay.
Um, you referred previously to a leadership Does that exist--that exists at the
congregation level? A: Q: On the canonical level. Okay. It also exists at the provincial le-,
at the Province level? A: Uh, the congregation has a leadership team, a
canonical leadership team. Q: A: Okay. The pro-, Edmund Rice Christian Brothers
North America has a province leadership team. Q: Okay. Are you a member of that province
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EXAMINATION OF K. GRIFFITH BY M. PATTERSON
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Q:
And you understand that you were the brother
that was designated to sign the agreement as representing the Congregation of Christian Brothers as to their interest in those insurance policies with the Archdiocese. A: As representing Edmund Rice Christian
Brothers North America. Q: A: America. Q: A: Q: Okay. Thats the name of the Province. And is it your statement that North American Okay. And the North American Province.
That is Edmund Rice Christian Brothers North
Province is not a civil, legal entity, is that correct? A: Q: correct? A: Q: Yes. Okay. And does that canonical en-, entity Correct. And that it is a canonical entity, is that
operate in Washington State? A: have-Q: [Interposing] Well-Ubiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street Suite 802, New York, NY 10007 Phone: 212-227-7440 * 800-221-7242 * Fax: 212-227-7524
When you say operate in Washington State we
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A: Q:
Edmund Rice Christian Brothers North America. Okay. And then there was a province
leadership team set up, is that correct? A: Uh, well, the--there--previously there were
three teams, one for each-Q: A: Q: A: Q: team. A: Q: A: [Interposing] Right. --of the Provinces. Im talking about the-[Interposing] And in 2005 there was one team. The provident--the providence leadership Were--were you on that team? Yes. Okay. And who else was on that team? Three from
Uh, there were nine of us - - in.
each of the former provinces. Q: Okay. And then, uh, an organization called
Mt. Sion Community, Inc. was formed, is that correct? MR. MARKOWITZ: A: Q: Yes. All right. And what was the purpose of that, Do you know the answer?
uh, entity, the Mt. Sion Community, Inc.? A: To provide for the needs of the providence
leadership team. Q: Okay. And then adding--
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SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY ---------------------------------------X R.E., R.P., G.S., J.B., A.W., L.W., M.B., M.M., and W.D., Plaintiffs,
5
- against -
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
ELLEN GRAUER COURT REPORTING CO. LLC 126 East 56th Street, Fifth Floor New York, New York 10022 212-750-6434 REF: 84646A Deposition of VINCENT McNALLY, pursuant to Notice, before Melissa Gilmore, a Notary Public of the State of New York. June 22, 2007 9:30 a.m. Defendants. NO.: 04-2-00112-9 SEA ---------------------------------------X 470 Park Avenue South New York, New York CORPORATION OF CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; and 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,
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McNALLY Rochelle, New York, have the resources necessary for the ministries that go on there for these brothers. And I oversee the -- the supports that are required of brothers who are retired but living in mission communities. They don't require the services at St. Joe's. And I also oversee the -- the supports that we would receive to enable these ministries to take place from brothers who are working in schools receiving a stipend for their work, and that really is on a monthly basis that we do that type of thing. So it would be some income work, some expense work in overseeing that operation, as well as retirement income that comes in in brothers' names. It doesn't go to them. It comes to the brothers for their support from social security. And as I said, most recently from the beginning, it's been pretty well property management. Q. Brother, could you briefly describe for us the functions of the Christian Brothers Institute?
13
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McNALLY that's possible. A. Well, we are in the Christian Brothers. We are in all the continents of the world, except Antarctica, and we would be organized because we are big that way in so many parts of the world. We would be -- our congregation would be broken down organizationally into provinces, and there would be our provinces and also regions. Regions are pretty well parts of the congregation that -- that can focus on the missions that are within that region, but they are not altogether ready to be independent as a province might be. It would need help like for pastoral visits of leadership. It would need some financial assistance as well, hence we have things like mission collections in our school for the region that is in Latin America, Peru, for example. We have leadership at all of these levels. Q. Have you finished? That's fine. A. Is that enough? Q. I don't want to cut you off. If you have finished your answer, I can ask more
15
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McNALLY A. Fundamentally, the institute exists for setting up and continuing the operations of schools. I think primarily it was set up for schools in the New York area, but from the time of that inception to the present, of course, we have set up schools and administered schools outside the New York City area. Q. Do you know how long the Christian Brothers Institute has been in existence? A. I think from the early to -- yeah, early 1900s. I'm not quite sure specifically. Q. Is it a corporate entity? A. Yes. Q. Do you know where it's incorporated? A. In New York State. Q. Could you briefly describe for me the organization of the congregation of Christian Brothers, as briefly as you can while still giving us sufficient detail? How is that for an assignment? A. Well, we are -Q. I don't mean to interpret. A. Sure. Q. Start at the top and work down, if
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McNALLY questions. A. Okay. Q. Is there an organization in Rome in connection with the congregation of Christian Brothers? A. Yes, we would have our -- well, we would have our leadership center would be based -- would be in Rome. It would be located there. Q. And there is a congregational leadership team in Rome; is that correct? A. Yes. Well, they would be based there. They pretty well spend their time mostly on the road visiting other parts of the congregation. Q. I will come back to the congregational leadership team in a moment. Let's focus on North America. Currently, is there a North American Province? A. Yes, there is. Q. Currently, how is the North American Province organized? A. We also have a leadership team. A province leadership team.
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McNALLY Q. Correct. And I will come back to that too. A. Okay. Q. Thanks. Let me try to help you, Brother, and I never mean to cut you off. A. That's okay. Q. Is the entire United States of America within one province of the Christian Brothers at the current time? A. Yes, the United States would be part of this one province. Q. Is the overall province, of which the United States is a part, that's the North American Province? A. I'm sorry, could you repeat that? Q. Yeah. There is a North American Province, correct? A. Yes. Q. And the United States is part of North American Province at the current time? A. Yes. Q. Is Canada also part of the North American Province currently?
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McNALLY And then it was even during our formation years, I think it was in 1964, the -what we call the eastern part of the province and the western part of the province became its own province. So in North America at one time there were three provinces. Q. Could you describe for us, beginning approximately 1964, what the Eastern Province consisted of, ballpark is fine? A. Okay. The ballpark analogy. In 1964 we were -- we, Christian Brothers, in the Eastern Province were in New York. We were in Massachusetts, New Jersey. That's as far as I can go right now on that one, as far as locations where we were. Q. How about the Western Province beginning around '64? A. I never really had much contact with the west other than Chicago comes to mind, of course, because there were fellows in my group who were from the Chicago area. Seattle comes to mind now. I'm thinking of schools now where my classmates came from. Those would be the places that I
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McNALLY A. Yes. Q. And what about Mexico, Latin America? A. We have no brothers in Mexico yet, but -- and Latin America is not really part of the North America Province organizationally, only in that relationship of region I mentioned earlier with the -- with the province. They require support, financial, and we operate that through missions, mission collections in school, for example, but -- and also pastoral visits would be made by the North America leadership team to Latin America. Q. Has the United States always been a single entity portion of the North American Province? A. No, it has not always been. Q. Can you describe the history for us? A. At one time we were much -- similar to the way we are now, one province in the United States and Canada. Then in 1962, I think it was Canada became it's own province. That was the year I joined the brothers. So I think I'm pretty sure that was the year.
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McNALLY would be sure of. If at some point in the conversation we have another place comes to mind, I would certainly mention that but... Q. Have you ever visited Seattle? A. Yes. Q. How often, if more than once? A. I would say it could have been three times. It may have been -- two times -- I know I have been there twice. There could have been three times. Q. Do you recall approximately when you visited Seattle? A. I think I visited in the early '80s. I was attending a leadership conference at the time and that's when I visited. I would say about the early '80s because I had just been named superior of a community, and they would have an orientation workshop for us and -along with people who had been newly appointed as principals. So that's where we gathered. Q. Is it fair to say you never visited the Briscoe School? A. We had a cookout there. I didn't visit the school, I apologize. We were at the
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Daniel J. Casey 01/08/10
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SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY No. 08-2-02340-9 SEA -------------------------------------X D.L., Plaintiff, -againstCORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; 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, and EDWARD G. COURTNEY, Defendants. -------------------------------------X January 8, 2010 New York, New York WITNESS: Brother Daniel J. Casey
Reported by:
Angela Castoro, RPR, CSR
701 5th Avenue, Suite 6630 Esquire Deposition Solutions

Seattle, Washington 98104 seattleclientcare@esquiresolutions.com
Telephone: 206-624-9099
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BROTHER CASEY 1:44 P.M. and this is tape number three of the videotaped deposition of Brother Daniel Casey. Q. Brother Casey, are you ready to continue? A. Yes. Q. Resuming after lunch break, you will recall Brother Casey before we broke for lunch I was asking you questions about Exhibit 5, which is a document you have authored, correct? A. Yes. Q. And I was asking you some questions about the Christian Brothers of Ireland Inc., a corporation whose board of directors you sit on and also the Christian Brothers Institute Inc.. I am going to refer to that as CBI. You will understand what I am referring to if I use those initials, correct? A. Yes. Q. And you said that you also sat on that corporation's board. Do you sit on the boards of any other corporations?
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BROTHER CASEY Incorporated. Q. What's their purpose or mission? A. The same thing as its operation handling finances. It is a corporation incorporated in Toronto. Q. Okay. What else? A. Those similar to CBI and Christian Brothers of Ireland, those are the operating corporations that I sit on, yes. Q. You refer to them as operating corporations. What do you mean by that? A. It is my word. Q. I just want to understand it and use -A. It handles the operation of financial operations of the leadership in brothers communities. Q. The Western Province was not a corporation, was it? A. No. Q. Okay. And the Eastern Province was not a corporation, was it? A. Correct, it was not. Q. Would it be a fair statement that
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BROTHER CASEY A. Right this very minute? Q. Let's say in the last ten years as part of your leadership work with the province. A. Many boards. I have sat on boards for school corporations. I sat on the board of directors for the Illinois Catholic Conference. I have sat on the board of directors for Pathways to Hope, a corporation in Illinois. I sat on the board of directors for a retirement corporation for religious in Illinois. I have sat on -- I currently sit on a housing corporation board of directors for -- whose mission is housing for brothers. I am sure I am leaving some out. Q. Any other -- do you sit on any other boards of directors of corporations that are incorporated to assist or work with the management of the Christian Brothers congregation, such as CBI or the Christian Brothers of Ireland, Inc.? Anything else? A. Yes. Q. Okay. What? A. St. Joseph's Province House
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BROTHER CASEY CBI and the Christian Brothers of Ireland Inc. are corporations set up to assist in the business operations of those geographical provinces? MS. CARR: Objection. Foundation. A. I was not part of setting up those corporations. Q. Was that part of their purpose as of the time that you sat on the boards of those corporations? A. Part of the purpose would be to -the finances of the brothers leadership and of the brothers communities, yes. Q. Was it just kind of the business arm of the province? MS. CARR: Objection. Foundation. And object to form. Q. They conduct business on part of the province? A. Yes. Q. And the brothers that work and live in the province? A. They handle the finances of the brothers who work and live in the province.
701 5th Avenue, Suite 6630 Esquire Deposition Solutions

Seattle, Washington 98104 seattleclientcare@esquiresolutions.com
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING
R.E., S.H., R.C., Plaintiffs, vs. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CHRISTIAN BROTHERS OF THE MIDWEST d/b/a CONGREGATION OF CHRISTIAN BROTHERS, an Illinois not for profit corporation, Defendants.
) ) ) ) ) No. 04-0-0112-9 SEA ) ) ) ) ) ) ) ) ) )
VIDEOTAPED DEPOSITION OF BROTHER CHARLES J. AVENDANO, VOLUME II January 12, 2006 Seattle, Washington
Byers & Anderson, Inc. Court Reporters/Video/Videoconferencing One Union Square 600 University St. Suite 2300 Seattle, WA 98101 (206) 340-1316 (800) 649-2034 2208 North 30th Street, Suite 202 Tacoma, WA 98403 (253) 627-6401 (253) 383-4884 Fax scheduling@byersanderson.com www.byersanderson.com
25th Anniversary 1980-2005
Brother Charles J. Avendano, Vol II January 12, 2006
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Q Okay. A And then in '66 or '67, we split the United States into two parts. Q The -- and the two parts were the Brother Rice province, which was the western province, and -- is it called the eastern province? A The eastern province. Q Is it called anything else? This is just for my own edification. A Not that I can recall. Q Is it called the St. Patrick's province or something like that? A I really can't recall. Q Okay. And then one final question on the splitting of the provinces. When did the eastern province headquarters move from West Park to New Rochelle, if you know. A I don't know the exact year. Q Okay. Do you know whether the Christian Brothers Institute's role changed in any way after the division of the North American province into two or three different provinces? A The Christian Brothers Institute, if I'm correct, was the legal corporate name, and that stayed with the eastern province. The Canadians would have had to
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A Yes.
1 2 MS. KALZER: Object to the form. 3 Q (By Mr. Pfau) Okay. Will you take a look at 4 Exhibit 81, please. 5 In -- this is a letter you received from Brother 6 J.C. Brickell -7 A Brickell. 8 Q Brickell, CFC. 9 Can you remind me what those initials stand for? 10 A Christianarium -11 Q It's Latin; correct? It's Latin? 12 A Latin. Christianarium fratrus -13 Q A/K/A Christian Brothers of Ireland? 14 A Yes. 15 Q All right. What does the title "consultor" mean? 16 A He was one of the advisors to the provincial. Q Okay. He's now writing you from Salinas, California. 17 18 Why is he -19 MR. GOLDSTEIN: I'm sorry. I must 20 be looking at the wrong exhibit. 21 MS. KALZER: Wrong one. 22 MR. PFAU: It's 81. 23 MR. GOLDSTEIN: Oh, okay. Sorry. 24 Go ahead. Q (By Mr. Pfau) You had previously been -- when you 25
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were at Briscoe, your superior was writing to you from New York; right? A Correct. Q Why is he writing to you from Salinas, California? A I think at this time we had -- we had split into two provinces. Q Do you recall when that occurred? A I don't. Q All right. Did it occur between the time you left Briscoe and either -- well, strike that. Did it occur during the time you were at Briscoe or during the time you were at -A It was at -Q -- Honolulu? A It was after. It was while I was in Honolulu. Q Okay. And it says, "Christian Brothers Brother Rice Provinciate." I thought the provincial after the split was located in Chicago. Am I incorrect? A No. Originally, they located in Salinas, California. Then they moved up to Vallejo and then Chicago. Q Okay. So when the North American province first split, did it split into three provinces or two? A I'm trying to think of when the Canadians split off. I think they split first.
develop their own corporate entity, and I assume we developed our own corporate entity in the west. Q Do you know that for a fact -A No. Q -- or are you assuming that? A I'm just assuming that's what happened. Q Are you aware -- in your many years as a brother of the western province, are you aware of any entity like Christian Brothers Institute that functions and serves the western province only? A I'm not sure. Q Okay. The -- back to Exhibit 81. You're being written by the new -- or the consultor, which is an assistant to the provincial; correct? A Right. Q And he is requesting your thoughts about the future of Briscoe. I assume he's doing that because you had been a superior for three years; right? A Correct. Q He states that "In addition, the change in the make-up of the student body from boys with one or more or both parents deceased, but otherwise normal to emotionally disturbed boys was carefully considered."
Brother Charles J. Avendano, Vol II January 12, 2006
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Exhibit E
11-22820-rdd Ilan D. Scharf

From: Sent: To: Cc: Subject: Attachments:
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Ilan D. Scharf Thursday, July 21, 2011 1:46 PM Scott Markowitz; Anthony Dougherty James Stang CBI\Document Request DOCS_NY-#24743-v3-CBI_2004_Subpoena.doc
Scott and Tony, Attached is a list of documents and information that we need from the Debtors and the North American Province. Wed like to tee this up for a consensual 2004 order. Please review and get back to us. Thanks, Ilan
Ilan D. Scharf Pachulski Stang Ziehl & Jones LLP 780 Third Avenue, 36th Floor New York, NY 10017-2024 Tel: 212.561.7700 | Fax: 212.561.7777 ischarf@pszjlaw.com www.pszjlaw.com
Los Angeles | San Francisco | Wilmington, DE | New York CONFIDENTIALITY This e-mail message and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail message, you are hereby notified that any dissemination, distribution or copying of this e-mail message, and any attachments thereto is strictly prohibited. If you have received this e-mail message in error, please immediately notify me by telephone and permanently delete the original and any copies of this email and any prints thereof. NOT INTENDED AS A SUBSTITUTE FOR A WRITING Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance and effect, absent an express statement to the contrary hereinabove, this e-mail message, its contents, and any attachments hereto are not intended to represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Pachulski Stang Ziehl & Jones LLP, any of its clients, or any other person or entity. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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Subpoena to The Christian Brothers Institute, Christian Brothers of Ireland, Inc. and Edmund Rice Christian Brothers North American Province EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
(as defined below) in your possession, custody, and control including all Documents in the possession, custody and control of your attorneys, investigators, experts, officers, trustees, members, directors, employees, agents, representatives, and anyone acting on Your behalf. B. The use of either the singular or plural shall not be deemed a limitation. The use
of the singular should be considered to include the plural and vice versa. C. The words and, or, and and/or are interchangeable and shall be construed
either disjunctively or conjunctively or both, as broadly as necessary to bring within the scope of the Request those responses that might otherwise be construed to be outside the scope. D. If You are unable to comply with a particular category(ies) of the requests below
and Documents responsive to the category are in existence, state the following information: 1. 2. 3. Document; 4. Document; 5. 6. The number of pages in the Document; The document control number, if any; The name, address, telephone number and title of each recipient of the The date of the Document; The type of Document (e.g., letter, memorandum, report, etc.); The name, address, telephone number and title of the author(s) of the
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7.
The present location(s) of the Document and the name, address and
telephone number of the person(s) who has (have) possession of the Document; 8. 9. A specific description of the subject matter of the Document; The reason why the Document cannot be produced or why you are unable
to comply with the particular category of request. E. You are under a continuing duty to timely amend your written response and to
produce additional Documents if you learn that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the Plaintiff during the discovery process or in writing. F. You are required to produce the full and complete originals, or copies if the
originals are unavailable, of each Document responsive to the categories below along with all non-identical copies and drafts in its or their entirety, without abbreviations, excerpts, or redactions. Copies may be produced in lieu of originals if the entirety (front and back where appropriate) of the Document is reproduced and the Responding Party or its authorized agent or representative states by declaration or affidavit under penalty of perjury that the copies provided are true, correct, complete, and an accurate duplication of the original(s). G. You are required to produce the Documents as they are kept in the usual course of
business or your operations, or to organize and label them to correspond with each category in these requests. H. You are required to produce Electronically Stored Information in searchable form
on DVDs or CD-ROMs. I. For Documents that are currently in paper format:
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1.
Documents must be scanned and produced electronically in single page
TIFF format with corresponding OPT file, DAT file, as well as OCR or extracted text and .lst file. 2. To the extent available, provide Beginning Production Number, Ending
Production Number, Folder information, custodian information and family information. J. For Documents that contain Electronically Stored Information, the following
guidelines are to apply: 1. Single page, Group IV TIFFs with links to native files (for Excel or
similar spread sheet or accounting files, at a minimum) with corresponding OPT file, DAT file, as well as OCR or extracted text and .lst file. 2. 3. 4. Maintain family integrity. Perform custodian-level reduplication. Concordance standard delimited DAT load file with the following
metadata fields: Beginning Production Number, Ending Production Number, Beginning Attachment Number, End Attachment Number, Family ID, Page Count, Custodian, Original Location Path, Email Folder Path, Document Type, Doc Author, Doc Last Author, Comments, Categories, Revisions, File Name, File Size, MD5 Hash, Date Last Modified, Time Last Modified, Date Created, Time Created, Date Last Accessed, Time Last Accessed, Date Sent, Time Sent, Date Received, Time Received, To, From, CC, BCC, Email Subject, Path to Native, Path to Full Text, Original Time Zone. 5. OCR or extracted text for all ESI: (a) Separate .txt files corresponding to
beginning production number of each document; (b) Separate .lst file for fulltext.
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6. time zone. K.
Process all data in GMT and provide a metadata field indicating original
If you withhold or redact a portion of any Document under a claim of privilege or
other protection, each such Document must be identified on a privilege log, which shall be produced contemporaneously with the non-privileged Documents responsive to this Request for Production, and which privilege log shall state the following information: 1. 2. 3. Document; 4. Document; 5. 6. 7. The number of pages in the Document; The document control number, if any; The present location(s) of the Document and the name, address and The name, address, telephone number and title of each recipient of the The date of the Document; The type of Document (e.g., letter, memorandum, report, etc.); The name, address, telephone number and title of the author(s) of the
telephone number of the persons) who has (have) possession of the Document; 8. A general description of the subject matter of the Document or the portion
redacted without disclosing the asserted privileged or protected communication; 9. 10. The specific privilege(s) or protection(s) that you contend applies. Unless otherwise specified, the relevant time period to which each
Request for Production relates is April 28, 2001 through the date You produce Documents responsive to the Requests.
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DEFINITIONS Unless otherwise stated, the following definitions shall apply to these Requests: 1. Bankruptcy Cases means and refers to the chapter 11 cases of CBI and
CBOI currently pending in the United States Bankruptcy Court for the Southern District of New York under the jointly administered cases captioned as In re The Christian Brothers Institute, et al., Case No. 11-22820 (RDD). 2. Bankruptcy Code means and refers to 11 U.S.C. 101 et seq. (as
amended from time to time). 3. Bequest or Bequeath means and refers to any giving or promise to
give any Property by way of a will, a living trust, or any other testamentary device, whether the Bequest is charitable, conditional, demonstrative, executory, general, pecuniary, residuary, or specific. 4. Brothers means and refers to current and former brothers, novitiates or
other members of the Congregation, including temporarily professed brothers and perpetually professed brothers. 5. CBI means and refers to The Christian Brothers Institute, a debtor in
the Bankruptcy Cases; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Upon information and belief, the term CBI refers to both the secular legal entity and the juridic person or religious entity. 6. CBOI means and refers to The Christian Brothers of Ireland, Inc., a
debtor in the Bankruptcy Cases; and Each of its predecessors and successors in interest; and
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Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, priests, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Upon information and belief, the term CBOI refers to both the secular legal entity and the juridic person or religious entity. 7. Communications means and includes all oral and written
communications of any nature, type or kind including, but not limited to, any Documents, telephone conversations, discussions, meetings, facsimiles, e-mails, pagers, memoranda, and any other medium through which any information is conveyed or transmitted. 8. Concerning means and includes relating to, constituting, defining,
evidencing, mentioning, containing, describing, discussing, embodying, reflecting, edifying, analyzing, stating, referring to, dealing with, or in any way pertaining to. 9. Congregation means and refers to the Congregation of Christian
Brothers or Congregatio Fratrum Christianorum; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. . 10. 11. individually. 12. Document is used herein in the broadest possible sense as specified in CSC means and refers to Community Support Corporation. Debtors means and refers to CBI and CBOI, collectively and
and interpreted under Rule 34 of the Federal Rules of Civil Procedure, and includes, without limitation, all originals and copies, duplicates, drafts, and recordings of any written, graphic or otherwise recorded matter, however produced, reproduced, or stored, and all writings as
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defined in Rule 1001 of the Federal Rules of Evidence, and all other tangible things by which human communication is transmitted or stored, meaning any kind of printed, recorded, graphic, or photographic matter, however printed, produced, reproduced, copies, reproductions, facsimiles, drafts and both sides thereof, including without limitation any kind of written, typewritten, graphic, photographic, printed, taped or recorded material whatsoever, regardless whether the same is an original, a copy, a reproduction, a facsimile, telex or telefax, and regardless of the source or author thereof, including without limitation, any writing filed for reporting or other purposes with any state, federal or local agency; notes; memoranda, including but not limited to memoranda of telephone conversations; letters; audited financial statements; unaudited financial statements; financial ledgers; intra-office or inter-office communications; circulars; bulletins; manuals; results of investigations; progress reports; study made by or for business or personal use; financial reports and data of any kind; working papers; contracts; agreements; affidavits; declarations; statements; bills; books of accounts; vouchers; transcriptions of conversations or tape recordings; desk calendars; bank checks; purchase orders; invoices; charge slips; receipts; expense accounts; statistical records; cost sheets; journals; diaries; time sheets or logs; computer data; job or transaction files; appointment books; books, records, and copies; electronic mail messages; extracts and summaries of other documents; drafts of any of the above, whether used or not; and any other writing or recording; computer and other business machine printouts, programs, listings, projections, as well as any carbon or photographic or copies, reproductions or facsimiles thereof and all copies which differ in any way from the original, including without limitation, all forms of electronic media, data, data storage and other forms of electronic or computer-stored or computer-generated communications, data, or representations. This includes, but is not limited to, such material in the
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form of Electronically Stored Information: that is, any data present in memory or on magnetic or optical storage media as an active file or files (readily readable by one or more computer applications or forensics software), saved in an archive, present as deleted but recoverable electronic files in memory or on any media, and, present in any electronic file fragments (files that have been deleted and partially overwritten with new data) from files containing such material. Where any otherwise duplicate document contains any marking not appearing on the original or is altered from the original, then such item shall be considered to be a separate original document. Any Document that contains any comment, notation, addition, insertion or marking of any type or kind which is not part of another Document, is to be considered a separate Document. The term Document shall also include any files that You or any other Person may identify as sub secreto, archival, secret, confidential, and/or protected or otherwise privileged or confidential pursuant to Canon Law or Your interpretation of Canon Law. 13. Electronically Stored Information or ESI means, without limitation,
all information contained on any computing device owned, maintained, or otherwise controlled by You, including, but not limited to, mainframe, desktop, laptop, tablet, or palmtop computers, network servers, telephone voicemail servers, employees employer-provided home computers, and the personal digital assistants (PDAs), digital cell phones, telephone answering machines, pagers, or other information-storing electronic devices of You and Your employees, or on associated external storage media, backup tapes, and other archival copies of same. Unless otherwise specified, documents, reports, and other Electronically Stored Information created using any version of Microsoft Word, Powerpoint, Excel, Visio, or Access, Word Perfect, Oracle, or any other Microsoft, Adobe, or other currently available off-the-shelf application
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shall be produced in native form; that is, the form in which the document is currently stored on whatever media it currently resides. The document should not be locked, resaved, restructures, scrubbed of unapparent or hidden content or any other data or metadata, but rather should be produced in a copy precisely reproducing its entire state as present in Your systems. Unless otherwise specified, electronic mail (e-mail) should be produced in native form; that is, in whatever database and/or file/directory structures are used by Your mail processing software. All metadata and other unapparent or hidden data related to mail messages shall be produced, including, but not limited to, any file attachments, message priority flags, message read/access timestamps, and, in the case of e-mail sent to distribution lists, information on the membership of such lists at the time the e-mail was sent. 14. 15. Each shall mean each and every. ERCB-NAP means and refers to Edmund Rice Christian Brothers North
American Province, including any prior entity(ies) or geographic division(s) through which the Congregation operated in North America, including without limitation (i) Congregation of Christian Brothers-North American Province; (ii) Congregation of Christian Brothers-Western American Province; (iii) Congregation of Christian Brothers-Eastern American Province; and (iv) Congregation of Christian Brothers-Canada and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 16. Foundation means and refers to the Christian Brothers Foundation,
referenced, among other places, at item 3 of CBIs SOFA and CBIs Schedule F and Each of its predecessors and successors in interest; and Each of its present and former officers, directors,
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trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 17. Operated Institution means and refers to any institution or facility,
including schools, orphanages and other educational facilities in which Brothers or the Responding Parties provided or performed any support or services, including financial support, administrative, teaching, management staffing or ministry and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 18. Person means and includes individuals and entities, civil or canonical,
including, but not limited to, communities, houses, ministries, regions, funds, missions, or apostolic institutions, as those terms are used under the laws of the Roman Catholic Church, for profit and not for profit corporations, partnerships, unincorporated associations, limited liability companies, trusts, firms, cooperatives, fictitious business names, educational institutions, governmental agencies whether local, state, or federal, and any and all of their agents, representatives, employees, predecessors, and/or any other Person acting on its/their behalf or subject to its/their control. 19. Property. 20. Petition Date means and refers to April 28, 2011, the date upon which Personal Property means and includes any Property that is not Real
Debtors each filed a voluntary petition under chapter 11 of the Bankruptcy Code.
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21.
Pledge means, and refers to, a promise, enforceable or not, of any
Person to provide Property of any kind. 22. Property means and includes any thing which may be owned whether
such thing is tangible or intangible, incorporeal, and/or real, including, but not limited to Real Property and Personal Property. 23. Real Property means and includes lands, tenements, and hereditaments,
and any fixtures thereto. 24. NAP. 25. Schedule means and refers to Each Debtors Schedules filed in the Responding Parties means and refers to Each of the Debtors and ERCB-
Bankruptcy Cases, including any and all amendments thereto. 26. SOFA means and refers to each Debtors Statement of Financial Affairs
filed in the Bankruptcy Cases, including any and all amendments thereto. 27. Summary means and refers to a listing of information requested in lieu
of producing all of the responsive Documents. 28. Visitor means and refers to any inspector or similar party who reviewed
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 29. You, Your, and Yours means and refers to the Responding Parties
separately and together.
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REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
limited to, constitutions, Acts of Chapter, charters, membership lists, lists of Brothers, membership directories, annual directories, directories of Brothers, Directory of Ministries, Educational Records, constitutions, articles of incorporation, certificates of incorporation, charters, articles, bylaws, statutes, norms, regulations, resolutions, organizational charts, and/or handbooks for each of the following Persons (collectively, the Entities): (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) Congregation; ERCB-NAP (including any predecessors thereto); CBI; CBOI; Mount Sion Community, Inc.; Foundation; Christian Brothers Volunteer Program, Inc.; Brother Rice High School Inc.; CSC; Edmund Rice Bicentennial Trust Limited; The Christian Brothers Institute of California; Christian Brothers Institute (Inc.), a New Jersey corporation; The Christian Brothers Institute of Massachusetts; and The Christian Brothers Institute of Michigan.
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2.
All Documents Concerning an index or indices of any archives maintained
by any of the Entities during the period from January 1, 1940 to the present. 3. All Documents Concerning an index or indices of any archives maintained
by any community of Brothers during the period from January 1, 1940 to the present. 4. All Documents Concerning any transfer of Documents (including
archives) from one of the Entities to another of the Entities during the period from January 1, 1940 to the present. 5. Without regard to time, Documents Concerning any meeting (either
formal or informal) of Brothers, Visitors, members, General Chapter legislative body, council, boards of directors, officers, managers, leadership teams, and/or trustees of Each of the Entities, including without limitation minutes, summaries, reports, correspondence or notes regarding such meetings. 6. All Documents Concerning the relationship between Each of the
Responding Parties and the Holy See, Pope, Supreme Pontiff, Roman Curia, Bethany Center and/or Each of the Entities. 7. All Documents Concerning Communications between Each of the Entities
and the Holy See, Pope, Supreme Pontiff, Roman Curia, and/or Bethany Center during the period from January 1, 1990 to the present. 8. All Documents Concerning Communications between and among any of
the Entities during the period from January 1, 1990 to the present. 9. All Documents filed or submitted by Each of the Entities to any other
Entity, the Holy See, Pope, Supreme Pontiff, Roman Curia, Foundation and/or Bethany Center for the period from January 1, 1990 to the present.
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10.
All Documents filed with or submitted to any governmental agency by
Each of the Entities during the period from January1, 1990 to the present. 11. All Documents Concerning any reorganization(s) or restructuring(s) of
Each of the Entities from January 1, 1990 to the present. 12. All Documents Concerning any Communications between and among any
Persons Concerning any reorganization or restructuring of any of the Entities from January 1, 1990. 13. Without regard as to time, all Documents Concerning any
Communications between and among any Persons regarding the formation of Each of the Entities. 14. Without regard to time, all Documents Concerning any Communications
between any of the Entities and Stephen Mangione Associates, Inc. 15. Without regard as to time, all Documents Concerning the Document titled
Reaping the Whirl Wind: A Secret Repot for the Executive of the Christian Brothers Sex Abuse from 1930 to 1994 or any similar Document. 16. the Entities. 17. All Documents Concerning any Brother that was credibly accused of sex Without regard as to time, all Documents describing the history of any of
abuse during the period from January 1, 1940 to the present. II. Property of the Debtors 18. All Documents Concerning any Property held in or by any endowment,
trust or restricted fund (or any similar entity) established by, held by, held for the benefit of, or held on behalf of Each Operated Institution from January 1, 1990 to the present.
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19.
All Documents Concerning any Property held in or by any endowment,
trust or restricted fund (or any similar entity) established by, held by, held for the benefit of, or held on behalf of Each of the Entities from January 1, 1990 to the present. 20. Without regard to time, all Documents Concerning any Property that Each
of the Entities owns, controls, administers, or in which any of the Entities has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise), including, but not limited to, grant deeds, an inventory (or inventories) of such Property, title documents, trust documents, deeds, leases, contracts, documents filed or recorded with the office of any county recorder or assessor, receipts, contracts, insurance policies, property tax bills, tax receipts, environmental studies, appraisals, valuations, brokerage agreements, sale proposals, and all Property records showing the ownership of all Property listed in Schedule A of each Debtors Schedules. 21. Without regard to time, all Documents Concerning any Property that Each
Operated Institution owns, controls, administers, or in which any of the Operated Institution has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise), including, but not limited to, grant deeds, an inventory (or inventories) of such Property, title documents, trust documents, deeds, leases, contracts, documents filed or recorded with the office of any county recorder or assessor, receipts, contracts, insurance policies, property tax bills, tax receipts, environmental studies, appraisals, valuations, brokerage agreements, and sale proposals. 22. All Documents Concerning Communications between and among any
Persons Concerning Property in which any of the Entities has or had any interest (including,
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without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) during the period from January 1, 1990 to the present. 23. All Documents Concerning Communications between and among any
Persons Concerning Property in which any of the Operated Institutions has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) during the period from January 1, 1990 to the present. 24. Without regard to time, all Documents Concerning any restriction (or
purported restriction) placed on the use or alienation of any Property Bequeathed, donated, gifted, or otherwise transferred to any of the Entities. 25. Without regard to time, all Documents Concerning any restriction (or
purported restriction) placed on the use or alienation of any Property Bequeathed, donated, gifted, or otherwise transferred to any of the Operated Institutions. 26. All Documents Concerning any trusts, subsidies, restricted gifts, Bequests,
Pledges, and/or endowments (filled or unfilled, completed or uncompleted) to any of the Entities, including, but not limited to, those listed on Each Debtors Schedules. III. Transfers 27. For the period from January 1, 1990 to the present, all Documents
Concerning transfers or swaps (including potential transfers or swaps) of Property in which any of the Entities has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise). 28. For the period from January 1, 1940 to the present, all Documents
Concerning transfers or swaps (including potential transfers or swaps) of Property in which any
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of the Operated Institution has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise). 29. For the period from January 1, 1990 to the present, all Documents
Concerning the transfer, alienation, sale, subsidies, gift, donation, or other disposition, whether voluntary or involuntary, of any interest in any Property (beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) between and among any of the Entities and any other Person (including any of the Entities); specifically including, but not limited to, the identity of the transferor(s) and transferee(s), description of the Property transferred, value of the Property transferred, date of each transfer, the method by which the transfer occurred, and the reason for each transfer. 30. For the period from January 1, 1940 to the present, all Documents
Concerning the transfer, alienation, sale, subsidies, gift, donation, or other disposition, whether voluntary or involuntary, of any interest in any Property (beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) between any of the Operated Institutions and any other Person; specifically including, but not limited to, the identity of the transferor(s) and transferee(s), description of the Property transferred, date of each transfer, the method by which the transfer occurred, and the reason for each transfer. 31. Without regard to time, all Documents Concerning the alienation, sale,
subsidies, gift, donation, transfer, or other disposition, whether voluntary or involuntary, of Property between any of the Entities and any other Person. 32. Without regard to time, all Documents Concerning the alienation, sale,
subsidies, gift, donation, transfer, or other disposition, whether voluntary or involuntary, of Property between any of the Operated Institutions and any other Person.
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33.
All Documents Concerning Each of the Entities decision-making process
or procedures concerning the alienation, sale, gift, transfer, control over, and/or responsibility for such Entitys Property. 34. All Documents Concerning Each of the Operated Institutions decision-
making process or procedures concerning the alienation, sale, gift, transfer, control over, and/or responsibility for such Operated Institutions Property. IV. Financial Information/Disclosures 35. For the period from 1970 to the present, all Documents (whether audited
or unaudited) Concerning Each of the Entities financial condition including without limitation, audited and unaudited financial statements, balance sheets, income statements (for any period, including monthly, quarterly and annual), annual reports (to any Person), tax returns, profit and loss statements, statements of cash flows, registers and account statements. 36. For the period from January 1, 1990 to the present, accounting and/or
financial manuals (including internal manuals) issued or utilized by any of the Entities, or by those performing accounting functions on behalf of any of the Entities, including without limitation accounting, donation, contribution procedure manuals and gifts in kind procedure manuals. 37. Documents Concerning Each of the Entities donor gift or contribution
policies, rules, and regulations. 38. Documents Concerning Each of the Entities pooled investment
portfolio policies, rules and regulations, directions and instructional booklets. 39. Documents Concerning policies and instructional or procedure books
outlining any of the Entities investment procedures.
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40.
Any Documents Concerning any Communication between and among any
Persons Concerning any of the Entities financial condition. 41. All Documents Concerning obligations of any kind of Each of the Entities,
including but not limited to, loan applications (including all supporting documentation or information), loan documents, promissory notes, loan agreements, and financial reports, financial institution, or other third-party for the period from January 1, 1990 to the present. 42. All Documents Concerning any obligation of any kind by any Person to
any of the Entities, including but not limited to any promises, gifts, grants or loans for the period from January 1, 1990 to the present. 43. All statements, reconciliations, signature cards, and account establishment
documentation for Each of the Entities savings, checking, money market, investment or any other types of accounts. 44. All Documents Concerning payments (including, without limitation, sales
proceeds, payments in kind, refunds, dividends, interest payments, salary, commission and/or bonuses) to any Person from or on behalf of any of the Entities or any person acting on behalf of any of the Entities. 45. All Documents Concerning payments (including, without limitation, sales
proceeds, payments in kind, refunds, dividends, interest payments, salary, commission and/or bonuses) from any Person to any of the Entities or any person acting on behalf of any of the Entities. 46. All Documents Concerning any of the assets and liabilities described in
Each of the Debtors SOFAs and Schedules.
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47.
All Documents Concerning the source(s) of income described on Item 1 of
CBIs SOFA, including: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) 48. 49. contributions; amounts received by Brothers engagements by other institutions; contributed services; grants; business fees; rentals; disposition of assets; vehicle reimbursements; life insurance proceeds; and various other income.
All Documents Concerning any obligation of CBI to Country Bank. All Documents Concerning Communications between and among an of
the Entities (or any Person acting on behalf of any of the Entities) and Country Bank (or any Person acting on behalf of Country Bank). 50. All Document Concerning any obligation of CBI to Foundation, including
as described in Item 2 of CBIs SOFA and Schedule F of CBIs Schedules. 51. All Communications between and among any of the Entities and any
Person Concerning any obligation of CBI to Foundation, including as described in Item 2 of CBIs SOFA and Schedule F of CBIs Schedules. 52. All Documents Concerning any charitable contributions or gifts by CBI to
any Person during the period from 1990 to the present, including charitable contributions described in Item 7 of CBIs SOFA. 53. All Documents Concerning Accounts Receivable listed at Item 16 of
Schedule B of CBIs Schedules. 54. All Documents Concerning Grants Receivable listed in Item 16 of
Schedule B of CBIs Schedules.
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55.
All Documents Concerning Miscellaneous books, pictures and art listed
at Item 5 on Schedule B of CBIs Schedules. In the alternative, provide a Summary or inventory of such Property. 56. All Documents Concerning the insurance policies identified in Item 9 of
Schedule B of CBIs Schedules. 57. All Documents Concerning Communications concerning the insurance
policies identified on item 9 of Schedule B of CBIs Schedules. 58. All Documents Concerning Prepaid expenses and other assets listed on
item 34 of Schedule B of CBIs Schedules. 59. All Documents Concerning Communications between and among any of
the Entities and any Person Concerning Prepaid expenses and other assets listed on Item 34 of Schedule B of CBIs Schedules. 60. All Documents Concerning the claim of Canadaigua National Bank
described on Schedule D of CBIs Schedules. 61. All Documents Concerning the claim of Ridgewood Savings Bank
described on Schedule F of CBIs Schedules. 62. All Documents Concerning the Residential real property lease for CB
New Orleans community described on Schedule G of CBIs Schedules. 63. All Documents Concerning the Buildings to grounds lease for Bishop
Kearney High School described on Schedule G of CBIs schedules. 64. All Documents Concerning Residential Real Property Lease at 400
Warren Ave described on Schedule G of CBIs Schedules.
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65.
All Documents Concerning Residential real property lease with Garrett
and Mary Naylor described on Schedule G of CBIs Schedules. 66. All Documents Concerning the source of Contributions described at
Item 1 of CBOIs SOFA. 67. All Documents Concerning any claim by CSC against CBOI, including as
described on Item 3 of CBOIs SOFA and Schedule F of CBOIs Schedules. 68. 69. All Communications between any of the Entities and CSC. All Documents Concerning gifts by CBOI to any Person, including as
described in Item 7 of CBOIs SOFA. 70. All Documents Concerning the Scholarship Fund described on Schedule
b of CBOIs Schedules. 71. All Documents Concerning the Development Fund described on
Schedule B of CBOIs Schedules. 72. All Documents Concerning the Manning Endowment Fund described on
Schedule B of CBOIs Schedules. 73. All Documents Concerning the Debt owned by St. Laurence High
School described on Schedule B of CBOIs Schedule. V. Insurance 74. Without regard to time, all Documents Concerning any insurance policies
(including title, property, casualty, motor vehicle and liability policies) held or maintained by or for the benefit of Each of the Entities, Each Operated Institution and Each of the Brothers. 75. Without regard to time, all Documents concerning insurance policies
(including applications for such policies) held or maintained by or for the benefit of Each of the
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Entities, Each Operated Institution and Each of the Brothers, including without limitation all title insurance policies, liability insurance policies, property insurance policies, casualty insurance policies, and motor vehicle insurance policies. 76. For the period from January 1, 1990 to the present, all Documents
Concerning Communications between and among any Person and any of the Entities Concerning insurance policies or coverage, including all correspondence, applications, and any other related Communications. 77. For the period from January 1, 1940 to the present, all Documents
Concerning any insurance policy (including all applications for such insurance) with coverage for sex abuse, or which You assert or contend provide coverage for sex abuse. 78. For the period from January 1, 1940 to the present, all Documents
Concerning any sex abuse claims filed by any of the Entities concerning such Entitys insurance coverage. 79. For the period from January 1, 1940 to the present, all Documents
Concerning Communications between and among any of the Entities and any other Person concerning insurance coverage for any claim Concerning sex abuse. 80. For the period from January 1, 1940 to the present, all Documents
Concerning Communications between and among any of the Brothers and any other Person Concerning insurance for any claim concerning sex abuse. 81. For the period from January 1, 1940 to the present, all Documents
Concerning any claim submitted by any of the Entities to any insurance carrier(s) for sex abuse, including, but not limited to, any payments made for such claim(s).
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82.
For the period from January 1, 1940 to the present, copies of all policies of
insurance whereby any of the Entities or Property in which any of the Entities has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) is covered, or which a Debtor has ever asserted or contended is covered by such insurance policies. 83. All Documents Concerning any claims submitted by any of the Entities or
any Operated Institution to any insurance carrier under any insurance policy for an amount in excess of $10,000.00, which claim remains unresolved or unpaid. VI. Operations 84. All Documents Concerning any Operated Institution from January 1, 1940
through the Petition Date, including without limitation all enrollment lists, advisor lists, faculty lists, agreements between any of the Entities and any Operated Institution, agreements between any of the Entities and any other Person regarding any Operated Institution, and insurance (of any type, including title, property, liability, casualty or motor vehicle insurance) Concerning any Operated Institution. VII. Litigation 85. All Documents produced by or to Each of the Entities to any party
(including another of the Entities) during the period from January 1, 1990 to the present in the course of any investigation, litigation, arbitration, mediation or similar proceeding (including any similar process pursuant to canon law). 86. All Documents Concerning any investigation, litigation, arbitration,
mediation or similar proceeding (including any similar process pursuant to canon law)
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concerning any of the Brothers or the Entities, including correspondence, pleadings, memoranda and transcripts. REQUESTS FOR INFORMATION 1. 2. Identify Each Operated Institution from January 1, 1940 to the present. Identify all accounts (including savings, certificates of deposit, checking,
money market, investment, trust and brokerage accounts) held by any of the Entities during the period from April 28, 2001 to the present. 3. Identify all accounts (including savings, certificates of deposit, checking,
money market, investment, trust and brokerage accounts held by any Operated Institution during the period from January 1, 1950 to the present. 4. Identify all accounts (including savings, certificates of deposit, checking,
money market, investment, trust and brokerage accounts held by any trust held for, on behalf or for the benefit of any of the Entities during the period from January 1, 1950 to the present. 5. Identify all accounts (including savings, certificates of deposit, checking,
money market, investment, trust and brokerage accounts) held by on behalf of or for the benefit of any community of Brothers in North America during the period from April 28, 2001 to the present. 6. Identify all Property in which any of the Entities has or had any interest
(including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) during the period from January 1, 1990 to the present. 7. Identify the source(s) of income (including the amount from each source)
for each of the Entities for the period from April 28, 2001 to the present.
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8.
Identify the source(s) of income (including the amount derived from each
source) for each community of Brothers for the period from April 28, 2001 to the present. 9. Identify the uses of funds (including the amount of each use) by each of
the Entities for the period from January 1, 1990 to the present. 10. Identify (a) any Brother who serves or has served as an officer, manager,
director, trustee or any similar position for the period from January 1, 1990 to the present and (b) the identity of any organization in which such Brother(s) serve or have served in such positions. 11. Identify all communities of Brothers in North America for the period from
January 1, 1940 to the present, including: (a) the location of such communities; (b) the leader(s) (including superiors, sub-superiors and local council members) of each community; (c) the members of each community; (d) any property owned by each community; and (e) any property held for the benefit of each community. 12. Identify all litigation, including civil cases, criminal cases, arbitrations,
mediations or similar proceedings (including any similar process under canon law), in which any of the Entities or any Brother has been party during the period from January 1, 1990 to the present. 13. For the period from January 1, 1990 to the present, identify all transfers of
Property between and among any Person and any of the Entities, including: (a) identity of the transferor(s); (b) identity of the transferee(s); (c) description of Property transferred; (d) the value of the Property transferred; (e) date of transfer; (f) method of transfer; and (g) reason for transfer. 14. Identify all life estate interests conveyed and or Pledged to any of the
Entities during the period from January 1, 1990 to the present.
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15. Entities. 16.
Identify all Restrictions that may apply to any Property of any of the
Identify the location of the personnel records maintained by the any of the
Entities in North America during the period from January 1, 1940 to the present. 17. Identify all Brothers who have been credibly accused of abusing any
Person between January 1940 and the present.
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Exhibit F
11-22820-rdd Ilan D. Scharf

From: Sent: To: Subject:
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Scott Markowitz [SMarkowitz@tarterkrinsky.com] Monday, September 12, 2011 2:12 PM Ilan D. Scharf RE: CBI\Documents
I think I mentioned this week.

From: Ilan D. Scharf [mailto:ischarf@pszjlaw.com] Sent: Monday, September 12, 2011 1:27 PM To: Scott Markowitz Subject: CBI\Documents
Scott, When are the Debtors going to begin producing documents? Weve been waiting for a long time.
Ilan D. Scharf Pachulski Stang Ziehl & Jones LLP 780 Third Avenue, 36th Floor New York, NY 10017-2024 Tel: 212.561.7700 | Fax: 212.561.7777 ischarf@pszjlaw.com www.pszjlaw.com Los Angeles | San Francisco | Wilmington, DE | New York CONFIDENTIALITY This e-mail message and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail message, you are hereby notified that any dissemination, distribution or copying of this e-mail message, and any attachments thereto is strictly prohibited. If you have received this e-mail message in error, please immediately notify me by telephone and permanently delete the original and any copies of this email and any prints thereof. NOT INTENDED AS A SUBSTITUTE FOR A WRITING Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance and effect, absent an express statement to the contrary hereinabove, this e-mail message, its contents, and any attachments hereto are not intended to represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Pachulski Stang Ziehl & Jones LLP, any of its clients, or any other person or entity. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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 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.
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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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Exhibit G
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Exhibit H
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Subpoena to The Christian Brothers Institute EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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1.
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6. time zone. K.
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Brothers, or Christian Brothers of Ireland, or Edmund Rice Christian Brothers, or Irish Christian Brothers, or Congregatio Fratrum Christianorum; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 10. CSC means and refers to Community Support Corporation; and Each of
its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 11. individually. Debtors means and refers to CBI and CBOI, collectively and
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12.
Document is used herein in the broadest possible sense as specified in
and interpreted under Rule 34 of the Federal Rules of Civil Procedure, and includes, without limitation, all originals and copies, duplicates, drafts, and recordings of any written, graphic or otherwise recorded matter, however produced, reproduced, or stored, and all writings as defined in Rule 1001 of the Federal Rules of Evidence, and all other tangible things by which human communication is transmitted or stored, meaning any kind of printed, recorded, graphic, or photographic matter, however printed, produced, reproduced, copies, reproductions, facsimiles, drafts and both sides thereof, including without limitation any kind of written, typewritten, graphic, photographic, printed, taped or recorded material whatsoever, regardless whether the same is an original, a copy, a reproduction, a facsimile, telex or telefax, and regardless of the source or author thereof, including without limitation, any writing filed for reporting or other purposes with any state, federal or local agency; notes; memoranda, including but not limited to memoranda of telephone conversations; letters; audited financial statements; unaudited financial statements; financial ledgers; intra-office or inter-office communications; circulars; bulletins; manuals; results of investigations; progress reports; study made by or for business or personal use; financial reports and data of any kind; working papers; contracts; agreements; affidavits; declarations; statements; bills; books of accounts; vouchers; transcriptions of conversations or tape recordings; desk calendars; bank checks; purchase orders; invoices; charge slips; receipts; expense accounts; statistical records; cost sheets; journals; diaries; time sheets or logs; computer data; job or transaction files; appointment books; books, records, and copies; electronic mail messages; extracts and summaries of other documents; drafts of any of the above, whether used or not; and any other writing or recording; computer and other business machine printouts, programs, listings, projections, as well as any carbon or
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photographic or copies, reproductions or facsimiles thereof and all copies which differ in any way from the original, including without limitation, all forms of electronic media, data, data storage and other forms of electronic or computer-stored or computer-generated communications, data, or representations. This includes, but is not limited to, such material in the form of Electronically Stored Information: that is, any data present in memory or on magnetic or optical storage media as an active file or files (readily readable by one or more computer applications or forensics software), saved in an archive, present as deleted but recoverable electronic files in memory or on any media, and, present in any electronic file fragments (files that have been deleted and partially overwritten with new data) from files containing such material. Where any otherwise duplicate document contains any marking not appearing on the original or is altered from the original, then such item shall be considered to be a separate original document. Any Document that contains any comment, notation, addition, insertion or marking of any type or kind which is not part of another Document, is to be considered a separate Document. The term Document shall also include any files that You or any other Person may identify as sub secreto, archival, secret, confidential, and/or protected or otherwise privileged or confidential pursuant to Canon Law or Your interpretation of Canon Law. 13. 14. Each shall mean each and every. Electronically Stored Information or ESI means, without limitation,
all information contained on any computing device owned, maintained, or otherwise controlled by You, including, but not limited to, mainframe, desktop, laptop, tablet, or palmtop computers, network servers, telephone voicemail servers, employees employer-provided home computers, and the personal digital assistants (PDAs), digital cell phones, telephone answering machines,
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pagers, or other information-storing electronic devices of You and Your employees, or on associated external storage media, backup tapes, and other archival copies of same. Unless otherwise specified, documents, reports, and other Electronically Stored Information created using any version of Microsoft Word, Powerpoint, Excel, Visio, or Access, Word Perfect, Oracle, or any other Microsoft, Adobe, or other currently available off-the-shelf application shall be produced in native form; that is, the form in which the document is currently stored on whatever media it currently resides. The document should not be locked, resaved, restructures, scrubbed of unapparent or hidden content or any other data or metadata, but rather should be produced in a copy precisely reproducing its entire state as present in Your systems. Unless otherwise specified, electronic mail (e-mail) should be produced in native form; that is, in whatever database and/or file/directory structures are used by Your mail processing software. All metadata and other unapparent or hidden data related to mail messages shall be produced, including, but not limited to, any file attachments, message priority flags, message read/access timestamps, and, in the case of e-mail sent to distribution lists, information on the membership of such lists at the time the e-mail was sent. 15. Entities means and refers to Each of the following Persons: (a)
Congregation; (b) ERCB-NAP; (c) CBI; (d) CBOI; (e) Mount Sion; (f) Foundation; (g) Christian Brothers Volunteer Program, Inc.; (h) Brother Rice High School, Inc.; (i) CSC; (j) Edmund Rice Bicentennial Trust Limited; (k) The Christian Brothers Institute of California; (l) Christian Brothers Institute (Inc.), a New Jersey corporation; (m) The Christian Brothers Institute of Massachusetts; and (n) The Christian Brothers Institute of Michigan. 16. ERCB-NAP means and refers to Edmund Rice Christian Brothers North
American Province, including any prior entity(ies) or geographic division(s) through which the
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Congregation currently operates or in the past operated in North America, including without limitation (i) Congregation of Christian Brothers North American Province; (ii) Congregation of Christian Brothers Western American Province; (iii) Congregation of Christian Brothers Eastern American Province; and (iv) Congregation of Christian Brothers Canadian Province and Each of their respective predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 17. Foundation means and refers to the Christian Brothers Foundation,
referenced, among other places, at item 3 of CBIs SOFA and CBIs Schedule F and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 18. Mount Sion means and refers to Mount Sion Community, Inc.; and Each
of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 19. Operated Institution means and refers to any institution or facility,
including schools, orphanages and other educational facilities in which Brothers or the Responding Parties provided or performed any support or services, including financial support, administrative, teaching, management staffing or ministry and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members,
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communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 20. Person means and includes individuals and entities, civil or canonical,
Debtors each filed a voluntary petition under chapter 11 of the Bankruptcy Code. 23. Pledge means, and refers to, a promise, enforceable or not, of any
and any fixtures thereto. 26. Schedule means and refers to Schedules filed in the Bankruptcy Cases,
including any and all amendments thereto.
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27.
SOFA means and refers to Statement of Financial Affairs filed in the
Bankruptcy Cases, including any and all amendments thereto. 28. Summary means and refers to a listing of information requested in lieu
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 30. You, Your, and Yours means and refers to CBI. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
limited to, constitutions, Acts of Chapter, charters, membership lists, lists of Brothers, membership directories, annual directories, directories of Brothers, Directories of Ministries, educational records, constitutions, articles of incorporation, certificates of incorporation, charters, articles, bylaws, statutes, norms, regulations, resolutions, organizational charts, and/or handbooks for each of the Entities. 2. All Documents Concerning an index or indices of any archives maintained
archives) from one of the Entities to another of the Entities during the period from January 1, 1940 to the present.
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5.
Without regard to time, Documents Concerning any meeting (either
formal or informal) of Brothers, Visitors, members, General Chapter legislative body, council, boards of directors, officers, managers, leadership teams, and/or trustees of Each of the Entities, including without limitation minutes, summaries, reports, correspondence or notes regarding such meetings. 6. All Documents Concerning the relationship between Each of the Entities
and the Holy See, Pope, Supreme Pontiff, Roman Curia, Bethany Center and/or any other Entity. 7. All Documents Concerning Communications between Each of the Entities
Entity, the Holy See, Pope, Supreme Pontiff, Roman Curia, Foundation and/or Bethany Center for the period from January 1, 1990 to the present. 10. All Documents filed with or submitted to any governmental agency by
Persons Concerning any reorganization or restructuring of any of the Entities from January 1, 1990.
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13.
Without regard as to time, all Documents Concerning any
Reaping the Whirl Wind: A Secret Report for the Executive of the Christian Brothers Sex Abuse from 1930 to 1994 or any similar Document. 16. the Entities. 17. All Documents Concerning any Brother that was credibly accused of sex Without regard as to time, all Documents describing the history of any of
abuse during the period from January 1, 1940 to the present. 18. of the Entities. 19. Entities was created. 20. Documents sufficient to Identify trustees, directors or officers of Each of Without regard to time, all Documents Concerning the reason Each of the Without regard to time, all Documents Concerning the formation of Each
the Entities from their inception or creation to the present. 21. Without regard to time, all Documents Concerning the decision to form
CBI, CBOI, Foundation, CSC, and Mount Sion. 22. Without regard to time, all Documents Concerning the funding of Each of
CBI, CBOI, Foundation, CSC, and Mount Sion.
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II.
Property of the Debtors 23. All Documents Concerning any Property held in or by any endowment,
trust or restricted fund (or any similar entity) established by, held by, held for the benefit of, or held on behalf of Each Operated Institution from January 1, 1990 to the present. 24. All Documents Concerning any Property held in or by any endowment,
Operated Institution owns, controls, administers, or in which any of the Operated Institution has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise), including, but not limited to, grant deeds, an inventory (or inventories) of such Property, title documents, trust documents, deeds, leases, contracts, documents filed or recorded with the office of any county
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recorder or assessor, receipts, contracts, insurance policies, property tax bills, tax receipts, environmental studies, appraisals, valuations, brokerage agreements, and sale proposals. 27. All Documents Concerning Communications between and among any
Persons Concerning Property in which any of the Entities has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) during the period from January 1, 1990 to the present. 28. All Documents Concerning Communications between and among any
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of the Entities has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise). 33. For the period from January 1, 1940 to the present, all Documents
Concerning transfers or swaps (including potential transfers or swaps) of Property in which any of the Operated Institution has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise). 34. For the period from January 1, 1990 to the present, all Documents
Concerning the transfer, alienation, sale, subsidies, gift, donation, or other disposition, whether voluntary or involuntary, of any interest in any Property (beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) between any of the Operated Institutions and any other Person; specifically including, but not limited to, the identity of the transferor(s) and transferee(s), description of the Property transferred, date of each transfer, the method by which the transfer occurred, and the reason for each transfer.
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36.
Without regard to time, all Documents Concerning the alienation, sale,
subsidies, gift, donation, transfer, or other disposition, whether voluntary or involuntary, of Property between any of the Operated Institutions and any other Person. 38. All Documents Concerning Each of the Entities decision-making process
financial manuals (including internal manuals) issued or utilized by any of the Entities, or by those performing accounting functions on behalf of any of the Entities, including without limitation accounting, donation, contribution procedure manuals and gifts in kind procedure manuals.
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42.
Documents Concerning Each of the Entities donor gift or contribution
outlining any of the Entities investment procedures. 45. Any Documents Concerning any Communication between and among any
proceeds, payments in kind, refunds, dividends, interest payments, salary, commission and/or bonuses) to any Person from or on behalf of any of the Entities or any person acting on behalf of any of the Entities.
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50.
All Documents Concerning payments (including, without limitation, sales
Each of the Debtors SOFAs and Schedules. 52. All Documents Concerning the source(s) of income described on Item 1 of
All Documents Concerning any obligation of CBI to Country Bank. All Documents Concerning Communications between and among any of
Person Concerning any obligation of CBI to Foundation, including as described in Item 2 of CBIs SOFA and Schedule F of CBIs Schedules.
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57.
All Documents Concerning any charitable contributions or gifts by CBI to
Schedule B of CBIs Schedules. 60. All Documents Concerning Miscellaneous books, pictures and art listed
described on Schedule F of CBIs Schedules.
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67.
All Documents Concerning the Residential real property lease for CB
Warren Ave described on Schedule G of CBIs Schedules. 70. All Documents Concerning Residential real property lease with Garrett
and Mary Naylor described on Schedule G of CBIs Schedules. 71. V. Insurance 72. Without regard to time, all Documents Concerning any insurance policies All Communications between any of the Entities and CSC.
(including applications for such policies) held or maintained by or for the benefit of Each of the Entities, Each Operated Institution and Each of the Brothers, including without limitation all title insurance policies, liability insurance policies, property insurance policies, casualty insurance policies, and motor vehicle insurance policies. 74. For the period from January 1, 1990 to the present, all Documents
Concerning Communications between and among any Person and any of the Entities Concerning insurance policies or coverage, including all correspondence, applications, and any other related Communications.
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75.
For the period from January 1, 1940 to the present, all Documents
Concerning any claim submitted by any of the Entities to any insurance carrier(s) for sex abuse, including, but not limited to, any payments made for such claim(s). 80. For the period from January 1, 1940 to the present, copies of all policies of
any Operated Institution to any insurance carrier under any insurance policy for an amount in excess of $10,000.00, which claim remains unresolved or unpaid.
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VI.
Operations 82. All Documents Concerning any Operated Institution from January 1, 1940
mediation or similar proceeding (including any similar process pursuant to canon law) concerning any of the Brothers or the Entities, including correspondence, pleadings, memoranda and transcripts.
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Exhibit I
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Subpoena to Christian Brothers of Ireland, Inc. EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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6. time zone. K.
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Congregation operated in North America, including without limitation (i) Congregation of Christian Brothers-North American Province; (ii) Congregation of Christian Brothers-Western American Province; (iii) Congregation of Christian Brothers-Eastern American Province; and (iv) Congregation of Christian Brothers-Canada and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 17. Foundation means and refers to the Christian Brothers Foundation,
referenced, among other places, at item 3 of CBIs SOFA and CBIs Schedule F and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 18. Mount Sion means and refers to Mount Sion Community, Inc.; and
Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 19. Operated Institution means and refers to any institution or facility,
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and any fixtures thereto. 26. Schedule means and refers to Each Debtors Schedules filed in the
Bankruptcy Cases, including any and all amendments thereto.
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27.
SOFA means and refers to each Debtors Statement of Financial Affairs
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 30. You, Your, and Yours means and refers to CBOI. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
limited to, constitutions, Acts of Chapter, charters, membership lists, lists of Brothers, membership directories, annual directories, directories of Brothers, Directory of Ministries, Educational Records, constitutions, articles of incorporation, certificates of incorporation, charters, articles, bylaws, statutes, norms, regulations, resolutions, organizational charts, and/or handbooks for each of the Entities. 2. All Documents Concerning an index or indices of any archives maintained
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5.
formal or informal) of Brothers, Visitors, members, General Chapter legislative body, council, boards of directors, officers, managers, provincial councils, leadership teams, and/or trustees of Each of the Entities, including without limitation minutes, summaries, reports, correspondence or notes regarding such meetings. 6. All Documents Concerning the relationship between Each of the Entities
and the Holy See, Pope, Supreme Pontiff, Roman Curia, Bethany Center and/or any of the other Entities. 7. All Documents Concerning Communications between Each of the Entities
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13.
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II.
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36.
or unaudited) Concerning Each of the Entities financial condition including without limitation, audited and unaudited financial statements, balance sheets, income statements (for any period, including monthly, quarterly and annual), annual or other periodic reports (to any Person), tax returns, profit and loss statements, statements of cash flows, registers and account statements. 41. For the period from January 1, 1990 to the present, accounting and/or
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42.
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50.
Each of the Debtors SOFAs and Schedules. 52. All Documents Concerning Communications between and among an of
the Entities (or any Person acting on behalf of any of the Entities) and Country Bank (or any Person acting on behalf of Country Bank). 53. 54. All Communications between any of the Entities and CSC. All Documents Concerning gifts by CBOI to any Person, including as
School described on Schedule B of CBOIs Schedule.
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V.
Insurance 59. Without regard to time, all Documents Concerning any insurance policies
Concerning Communications between and among any of the Entities and any other Person concerning insurance coverage for any claim Concerning sex abuse.
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65.
through the Petition Date, including without limitation all enrollment lists, advisor lists, faculty lists, agreements between any of the Entities and any Operated Institution, agreements between any of the Entities and any other Person regarding any Operated Institution, and insurance (of any type, including title, property, liability, casualty or motor vehicle insurance) Concerning any Operated Institution.
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VII.
Litigation 70. All Documents produced by or to Each of the Entities to any party
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Exhibit J
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Subpoena to Edmund Rice Christian Brothers North American Province EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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1.
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6. time zone. K.
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27.
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 30. You, Your, and Yours means and refers to the ERCB-NAP. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
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5.
formal or informal) of Brothers, Visitors, members, General Chapter legislative body, council, boards of directors, officers, managers, provincial councils leadership teams, and/or trustees of Each of the Entities, including without limitation minutes, summaries, reports, correspondence or notes regarding such meetings. 6. All Documents Concerning the relationship between Each of the Entities
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13.
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II.
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36.
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42.
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50.
Each of the Debtors SOFAs and Schedules. 52. All Documents Concerning the source(s) of income described on Item 1 of
All Documents Concerning any obligation of CBI to Country Bank. All Documents Concerning Communications between and among an of
Person Concerning any obligation of CBI to Foundation, including as described in Item 2 of CBIs SOFA and Schedule F of CBIs Schedules.
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57.
All Documents Concerning any charitable contributions or gifts by CBI to
Schedule B of CBIs Schedules. 60. All Documents Concerning Miscellaneous books, pictures and art listed
described on Schedule F of CBIs Schedules.
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67.
All Documents Concerning the Residential real property lease for CB
Warren Ave described on Schedule G of CBIs Schedules. 70. All Documents Concerning Residential real property lease with Garrett
and Mary Naylor described on Schedule G of CBIs Schedules. 71. All Documents Concerning the source of Contributions described at
Item 1 of CBOIs SOFA. 72. All Documents Concerning any claim by CSC against CBOI, including as
described on Item 3 of CBOIs SOFA and Schedule F of CBOIs Schedules. 73. 74. All Communications between any of the Entities and CSC. All Documents Concerning gifts by CBOI to any Person, including as
School described on Schedule B of CBOIs Schedule.
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V.
Insurance 79. Without regard to time, all Documents Concerning any insurance policies
Concerning Communications between and among any of the Entities and any other Person concerning insurance coverage for any claim Concerning sex abuse.
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85.
through the Petition Date, including without limitation all enrollment lists, advisor lists, faculty lists, agreements between any of the Entities and any Operated Institution, agreements between any of the Entities and any other Person regarding any Operated Institution, and insurance (of any type, including title, property, liability, casualty or motor vehicle insurance) Concerning any Operated Institution.
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VII.
Litigation 90. All Documents produced by or to Each of the Entities to any party
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Exhibit K
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Subpoena to Christian Brothers Foundation EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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1.
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6. time zone. K.
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12.
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27.
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 30. You, Your, and Yours means and refers to Foundation. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
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5.
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13.
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II.
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36.
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42.
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50.
Each of the Debtors SOFAs and Schedules. V. Insurance 52. Without regard to time, all Documents Concerning any insurance policies
Concerning any insurance policy (including all applications for such insurance) with coverage for sex abuse, or which You assert or contend provide coverage for sex abuse.
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56.
through the Petition Date, including without limitation all enrollment lists, advisor lists, faculty
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lists, agreements between any of the Entities and any Operated Institution, agreements between any of the Entities and any other Person regarding any Operated Institution, and insurance (of any type, including title, property, liability, casualty or motor vehicle insurance) Concerning any Operated Institution. VII. Litigation 63. All Documents produced by or to Each of the Entities to any party
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Exhibit L
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Subpoena to Community Support Corporation EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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1.
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6. time zone. K.
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12.
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27.
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 30. You, Your, and Yours means and refers to CSC. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
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5.
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13.
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II.
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36.
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42.
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50.
Concerning any insurance policy (including all applications for such insurance) with coverage for sex abuse, or which You assert or contend provide coverage for sex abuse.
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56.
through the Petition Date, including without limitation all enrollment lists, advisor lists, faculty
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lists, agreements between any of the Entities and any Operated Institution, agreements between any of the Entities and any other Person regarding any Operated Institution, and insurance (of any type, including title, property, liability, casualty or motor vehicle insurance) Concerning any Operated Institution. VII. Litigation 63. All Documents produced by or to Each of the Entities to any party
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Exhibit M
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Subpoena to Mount Sion Community, Inc. EXHIBIT A INSTRUCTIONS A. You are required to conduct a thorough investigation and produce all Documents
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7.
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1.
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6. time zone. K.
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referenced, among other places, at item 3 of CBIs SOFA and CBIs Schedule F and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 18. Mount Sion means and refers to Mount Sion Community, Inc.; and Each
of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. 19. Operated Institution means and refers to any institution or facility,
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and any fixtures thereto. 26. NAP. Responding Parties means and refers to Each of the Debtors and ERCB-
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27.
Schedule means and refers to Each Debtors Schedules filed in the
Bankruptcy Cases, including any and all amendments thereto. 28. SOFA means and refers to each Debtors Statement of Financial Affairs
the activities of any community, province or other portion of the Congregation under the authority of the Congregation or ERCB-NAP (including any predecessor thereto). 31. You, Your, and Yours means and refers Mount Sion. REQUESTS FOR PRODUCTION I. Organizational/General Information 1. Without regard to time, organizational Documents including, but not
limited to, constitutions, Acts of Chapter, charters, membership lists, lists of Brothers, membership directories, annual directories, directories of Brothers, Directory of Ministries, Educational Records, constitutions, articles of incorporation, certificates of incorporation, charters, articles, bylaws, statutes, norms, regulations, resolutions, organizational charts, and/or handbooks for Each of the Entities. 2. All Documents Concerning an index or indices of any archives maintained
by any community of Brothers during the period from January 1, 1940 to the present.
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4.
All Documents Concerning any transfer of Documents (including
archives) from one of the Entities to another of the Entities during the period from January 1, 1940 to the present. 5. Without regard to time, all Documents Concerning any meeting (either
Each of the Entities from January 1, 1990 to the present.
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12.
All Documents Concerning any Communications between and among any
Persons Concerning any reorganization or restructuring of any of the Entities from January 1, 1990. 13. Without regard as to time, all Documents Concerning any
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22.
Without regard to time, all Documents Concerning the funding of Each of
CBI, CBOI, Foundation, CSC, and Mount Sion. II. Property of the Debtors 23. All Documents Concerning any Property held in or by any endowment,
Operated Institution owns, controls, administers, or in which any of the Operated Institution has or had any interest (including, without limitation, legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise), including, but not limited to, grant deeds, an inventory (or inventories) of such Property, title documents, trust
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documents, deeds, leases, contracts, documents filed or recorded with the office of any county recorder or assessor, receipts, contracts, insurance policies, property tax bills, tax receipts, environmental studies, appraisals, valuations, brokerage agreements, and sale proposals. 27. All Documents Concerning Communications between and among any
Pledges, and/or endowments (filled or unfilled, completed or uncompleted) to any of the Entities, including, but not limited to, those listed on Each Debtors Schedules.
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III.
Transfers 32. For the period from January 1, 1990 to the present, all Documents
Concerning transfers or swaps (including potential transfers or swaps) of Property in which any of the Entities has or had any interest (legal, beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise). 33. For the period from January 1, 1940 to the present, all Documents
Concerning the transfer, alienation, sale, subsidies, gift, donation, or other disposition, whether voluntary or involuntary, of any interest in any Property (beneficial, equitable, tenancy, supervisory, administrative, possessory, residual, contingent, or otherwise) between any of the Operated Institutions and any other Person; specifically including, but not limited to, the identity
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of the transferor(s) and transferee(s), description of the Property transferred, date of each transfer, the method by which the transfer occurred, and the reason for each transfer. 36. Without regard to time, all Documents Concerning the alienation, sale,
or unaudited) Concerning Each of the Entities financial condition including without limitation, audited and unaudited financial statements, balance sheets, income statements (for any period, including monthly, quarterly and annual), annual reports (to any Person), valuations, tax returns, profit and loss statements, statements of cash flows, registers and account statements. 41. For the period from January 1, 1990 to the present, accounting and/or
financial manuals (including internal manuals) issued or utilized by any of the Entities, or by those performing accounting functions on behalf of any of the Entities, including without
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limitation accounting, donation, contribution procedure manuals and gifts in kind procedure manuals. 42. Documents Concerning Each of the Entities donor gift or contribution
proceeds, payments in kind, refunds, dividends, interest payments, salary, commission and/or
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bonuses) to any Person from or on behalf of any of the Entities or any person acting on behalf of any of the Entities. 50. All Documents Concerning payments (including, without limitation, sales
Concerning Communications between and among any Person and any of the Entities Concerning insurance policies or coverage, including all correspondence, applications, and any other related Communications.
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55.
any Operated Institution to any insurance carrier under any insurance policy for an amount in excess of $10,000.00, which claim remains unresolved or unpaid.
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VI.
Operations 62. All Documents Concerning any Operated Institution from January 1, 1940
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Exhibit N
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Chapter 11 In re: Case No. 11-22820 (RDD) THE CHRISTIAN BROTHERS INSTITUTE, et al., (Jointly administered) Debtors.
ORDER AUTHORIZING THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO OBTAIN DISCOVERY PURSUANT TO BANKRUPTCY RULE 2004 This matter coming before the Court on the Motion of the Official Committee of Unsecured Creditors (the Committee) of The Christian Brothers Institute and Christian Brothers of Ireland, Inc. for entry of an order, pursuant to Bankruptcy Rule 2004 authorizing the examination pursuant to Bankruptcy Rule 2004 of the Debtors and certain entities affiliated with, related to, or associated with the Debtors(the Motion);1 the Court having reviewed and considered the Motion and accompanying papers; the Court having found that (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and (iii) notice of the Motion as described in the Motion was proper under the circumstances; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and good and sufficient cause appearing therefor, it is hereby ORDERED that 1. 2. The Motion is GRANTED. The Committee is authorized to, in its discretion, seek examinations of the
Discovery Parties with respect to Investigation Material pursuant to Bankruptcy Rule 2004 substantially as described in the Requests attached as Exhibits H through M to the Motion.
Capitalized terms not defined herein shall have the meanings and definitions ascribed to them in the Motion.
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3.
The Committee is authorized issue subpoenas directing production of the
Investigation Material pursuant to Rule 2004 on each of the Discovery Parties. 4. The Committee is authorized to issue subpoenas on any person or entity,
including the Discovery Parties, for oral examination with respect to the subject matter of the Investigation Material. The Committee may serve subpoenas authorized by their Order by any means authorized by the Bankruptcy Rules. 5. The Committee may issue other discovery requests and subpoenas as may
be necessary to accomplish the discovery authorized by this Order. 6. Nothing contained herein shall prejudice the Committees rights under
Bankruptcy Rule 2004 and other applicable laws to seek further document productions and written and oral examinations in connection with these Cases. 7. The Court shall retain jurisdiction to hear and determine all matters arising
from or related to the implementation of this Order.
Dated: White Plains, New York October __, 2011
_______________________________________ THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE
DOCS_NY:25385.4 14012-002

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11-22820-rdd

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Dated: New York, New York September 28, 2011

PACHULSKI STANG ZIEHL & JONES LLP

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See Hughes Commission Report at p. 5. See Abuse Commission Report at 6.87.

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The Canadian Province utilized The Christian Brothers of Ireland in

See Rowland v. Vancouver College Ltd., 205 D.L.R. (4th) 193 at 9.

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EXAMINATION OF K. GRIFFITH BY J. STANG

Did you review the monthly operating reports

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Christian Brothers. Q: A: Q: A: What is it? What is it? Uh huh.

Its a canonical organization.

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[Interposing] Yes. Uh, is everyone whos a Christian Brother a

member of the Congregation? A: Everyone who is a Christian Brother is a

Is there a civil law entity in the United

Thirty-two years. Um, have you ever served the congregation in

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assigned outside of the United States.

United States, no. Q: Okay. Um, now, what is the relationship of

See, or are they created by the leadership of the congregation?

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The leadership of the congregation, with

Institute. Q: What is the relationship of Christian

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Institute, from its schedules, has real estate. A: Q: Province?

Correct. Okay. Is that real estate owned by the

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MR. ROBERT HOTSER:

TRUSTEE PAUL SCHWARTZBERG:

I think hes in a--a potentially

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disputed claim. TRUSTEE PAUL SCHWARTZBERG: MR. MARKOWITZ: Oh, okay.

He may have filed a

getting a letter from - - . MR. HOTSER: Yes, I sent a letter to

Cause I dont recall