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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 15, 2011 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division); and upon the memorandum of law, dated June 15, 2011 in support thereof; and upon the consent of counsel for the plaintiffs and the consent of the Official Committee of Unsecured Creditors appointed in the Chapter 11 case of The Christian Brothers Institute, et al., Case No. 11-22820; and it appearing to the Court that the Motion is one properly brought under
CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 1 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

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the provisions of 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure; and it further appearing that the transfer of the above-captioned adversary proceeding will facilitate the economical and efficient administration of the Debtors estate; and good cause appearing therefore; it is hereby ORDERED, ADJUDGED AND DECREED that the above-captioned adversary proceeding be and it is hereby transferred from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division); and it is further ORDERED, ADJUDGED AND DECREED that the transfer of the above-captioned adversary proceeding is without prejudice to any party in the transferred adversary proceeding filing a motion for remand or other relief such party deems appropriate with the Bankruptcy Court in New York. Dated: Seattle, Washington July ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE Presented by:

/s/ Scott S. Markowitz Scott S. Markowitz Counsel for the Debtor TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone: (212) 216-8000 Fax: (212) 216-8001

CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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No objection to entry of this Order: SCHROETER GOLDMARK & BENDER Attorneys for Plaintiffs

By: Rebecca Roe 810 Third Avenue, Suite 500 Seattle, WA 98104 (206) 622-8000

LEEMON & ROYER Attorneys for Plaintiffs

By:

/s/ Mark Leemon Mark Leemon 2505 Second Avenue, Suite 610 Seattle, WA 98121 (206) 269-1100

PACHULSKI STANG ZIEHL & JONES LLP Attorneys for the Official Committee of Unsecured Creditors

By:

/s/ Ilan D. Scharf James I. Stang Ilan D. Scharf 780 Third Avenue, 36th Floor New York, New York 10017 (212) 561-7700

CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 3

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

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Exhibit Notice

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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. TO: THE HONORABLE JUDGES OF THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON, ALL PARTIES IN THE ABOVECAPTIONED STATE COURT CIVIL ACTION HEREBY REMOVED, AND THE CLERK OF THE SUPERIOR COURT OF THE STATE OF WASHINGTON, KING COUNTY: (Removed from the Superior Court of the State of Washington, King County) Case No. 11-22820 (RDD) (Jointly Administered)

NOTICE OF REMOVAL OF STATE COURT ACTION

NOTICE OF REMOVAL OF STATE COURT ACTION - 1

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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Exhibit Notice

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PLEASE TAKE NOTICE that the defendant in the above-captioned action, Christian Brothers Institute, by counsel, hereby submits this notice of removal in accordance with Rule 9027 of the Federal Rules of Bankruptcy Procedure, 28 U.S.C. 1452(a) and 28 U.S.C. 157(a), and in support thereof, respectfully states as follows: 1. On April 28, 2011 (the Petition Date), The Christian Brothers Institute (the

Debtor) filed a voluntary petition for reorganization under Chapter 11, Title 11 of the United States Bankruptcy Code. The Chapter 11 case is pending before the United States Bankruptcy Court for the Southern District of New York. The Chapter 11 case number is 11-22820 (RDD). The assigned Judge is the Honorable Robert D. Drain. 2. Prior to the Petition Date, a state court civil action (the Civil Action) captioned

R.P. v. Congregation of Christian Brothers-Brother Rice Province, et al., Case No. 08-2-43603-9 SEA, was filed in the Superior Court of the State of Washington, King County (the State Court). The Civil Action, until the filing of this Notice of Removal and the filing of a copy of this Notice of Removal with the Clerk of the State Court was still pending before the State Court. 3. In accordance with Rule 9027(a)(1) of the Federal Rules of Bankruptcy

Procedure, a copy of process and pleadings in the Civil Action is annexed hereto as Exhibit A. 4. The Civil Action, including all claims and causes of action asserted therein, is a

civil action other than a proceeding before the United States Tax Court, and it is not a civil action by a governmental unit to enforce such governmental units police or regulatory power. 5. The Civil Action is a civil proceeding relating to the Debtors Chapter 11 case

and, thus, removal of the Civil Action to the Bankruptcy Court is authorized by 28 U.S.C. 1452, 1334, and 157. The United States Bankruptcy Court for the Southern District of New

NOTICE OF REMOVAL OF STATE COURT ACTION - 2

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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York has jurisdiction over the causes of action asserted in the Civil Action under 28 U.S.C. 1334. These claims raise federal questions and are related to the Debtors bankruptcy case. See Calumet National Bank v. Levine, 179 B.R. 117, 120 (N.D. Ind. 1995) (stating that related to jurisdiction includes tort claims that might result in a substantial judgment against [the debtor] and, in turn, a claim against the bankruptcy estate). 6. Pursuant to 28 U.S.C. 1452, removal to this Court is proper because it is the

district court for the district where [plaintiffs] civil action is pending. The Bankruptcy Court is a unit of the District Court and pursuant to Local Rule CR 101(e) of the United States District Court for the Western District of Washington, removal to the Bankruptcy Court is proper. 7. The Civil Action was brought by the above-captioned plaintiffs, seeking damages

against the Debtor based upon alleged tortious conduct committed by individuals affiliated with the Debtor. 8. The Civil Action is related to the Debtors Chapter 11 case, within the meaning of

28 U.S.C. 1334, because the claims asserted and the relief sought therein interfere with the Debtors ability to reorganize and will directly affect any distribution to creditors in the Debtors Chapter 11 case. 9. The Debtor consents to the entry of final orders and a judgment in the Bankruptcy

Court, but only if the case is transferred to the United States Bankruptcy Court for the Southern District of New York. Upon removal, all claims in the Civil Action are core proceedings, except the liquidation or estimation of contingent or unliquidated personal injury claims against the bankruptcy estate for purposes of distribution. See 28 U.S.C. 157(b)(2)(B).

NOTICE OF REMOVAL OF STATE COURT ACTION - 3

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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10.

This Notice of Removal is filed within ninety (90) days after entry of the order for

relief in the Debtors Chapter 11 case. Removal is in accordance with Rule 9027 of the Federal Rules of Bankruptcy Procedure. 11. Consent of co-defendants, if any, is not necessary for removal under 28 U.S.C.

1452. See Cal. Pub. Empl. Ret. Sys. v. Worldcom, Inc., 368 F.3d 86 (2d Cir. 2004). 12. Pursuant to Federal Rule of Bankruptcy Procedure 9027(b), a copy of this notice

is being served on counsel of record for all parties. NOW THEREFORE, all parties to the Civil Action pending in the State Court under Case No. 08-2-43603-9 SEA, are hereby notified, pursuant to Rule 9027(e) of the Federal Rules of Bankruptcy Procedure, as follows: Removal of the Civil Action and all claims and causes of action therein, was effectuated by the filing of this Notice of Removal with the Clerk of the United States Bankruptcy Court for the Western District of Washington, pursuant to Rule 9027(e) of the Federal Rules of Bankruptcy Procedure. The Civil Action is removed from the State Court to the United States Bankruptcy Court for the Western District of Washington and should be referred to the United States Bankruptcy Court for the Southern District of New York. The parties in the Civil Action shall proceed no further in the State Court unless and until this Civil Action is remanded by the Bankruptcy Court.

NOTICE OF REMOVAL OF STATE COURT ACTION - 4

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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Exhibit Notice

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DATED this 27th day of May, 2011. TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute Debtor and Debtor-in-Possession By /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 Telephone: (212) 216-8000 Facsimile: (212) 216-8001 Email: smarkowitz@tarterkrinsky.com -andGORDON TILDEN THOMAS & CORDELL LLP Attorneys for Defendant Christian Brothers Institute By /s/ Susannah C. Carr Jeffrey I. Tilden, WSBA #12219 Jeffrey M. Thomas, WSBA #21175 Susannah C. Carr, WSBA #38475 1001 Fourth Avenue, Suite 4000 Seattle, Washington 98154 Telephone: (206) 467-6477 Facsimile: (206) 467-6292 Email: jtilden@gordontilden.com Email: jthomas@gordontilden.com Email: scarr@gordontilden.com

NOTICE OF REMOVAL OF STATE COURT ACTION - 5

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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CERTIFICATE OF SERVICE I hereby certify that on May 27, 2011, I electronically filed the foregoing Notice of Removal of State Court Action with the Clerk of the Court using the CM/ECF system and served counsel below by the method indicated: Attorneys for Plaintiffs Rebecca Roe, Esq. Schroeter Goldmark & Bender 810 Third Avenue, Suite 500 Seattle, WA 98104 Facsimile: (206) 682-2305 Telephone: (206) 622-8000 -andMark Leemon, Esq. Leemon & Royer 2505 Second Avenue, Suite 610 Seattle, WA 98121 Facsimile: (206) 269-7424 Telephone: (206) 269-1100 (Via Regular Mail) (Via Regular Mail)

/s/ Jacqueline Lucien Jacqueline Lucien Gordon Tilden Thomas & Cordell LLP

NOTICE OF REMOVAL OF STATE COURT ACTION - 6

GORDON TILDEN THOMAS & CORDELL LLP 1001 Fourth Avenue, Suite 4000 Seattle, WA 98154 Phone (206) 467-6477 Fax (206) 467-6292

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HONORABLE TIMOTHY W. DORE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. The Christian Brothers Institute, debtor and debtor-in-possession (the "Debtor"), by and through its counsel, Tarter Krinsky & Drogin LLP, respectfully states as follows: 1. On April 28, 2011 (the Petition Date), the Debtor filed a voluntary petition for (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

reorganization under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the "Bankruptcy Code"). The Debtors Chapter 11 case is pending in the United States

Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) before the Honorable Robert D. Drain under case number 11-22820 (RDD).
MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 1 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

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HONORABLE TIMOTHY W. DORE IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

I.

INTRODUCTION

The Christian Brothers Institute, debtor and debtor-in-possession (the "Debtor"), has filed four motions (the Motions) to transfer all personal injury tort . . . claims that are related to the above-captioned Chapter 11 case (collectively, the Related Cases) from this

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

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Court1 to the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), as permitted by 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules).2 Transfer of the Related Cases to the Bankruptcy Court is appropriate because (a) the United States District Court for the Southern District of New York (the District Court) is the district court in which the bankruptcy case is pending, (b) pursuant to the order of reference, dated July 10, 1984 (Ward, C.J.) (the Order of Reference) issued by the District Court, all bankruptcy cases are automatically referred to the Bankruptcy Court and (c) the Bankruptcy Court is the home court for the Debtors Chapter 11 case. The Related Cases currently pending in this Court are: Case Caption L.W., T.J., R.T., H.W., and H.V. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian BrothersBrother 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 Case No. Adv. Pro. 11-01483 (TWD) No. 09-2-23995-9 SEA (Removed from the Superior Court of the State of Washington, King County) District

United States Bankruptcy Court for the Western District of Washington

The Related Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington, to the following adversary proceedings pending before this Court: ECF Docket No. 1 in Adv. Pro. 11-01483 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01484 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01485 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01486 (TWD). In the alternative, the Debtor respectfully requests that this Court submit proposed findings of fact and conclusions of law and a proposed order to the United States District Court for the Western District of Washington transferring the Related Cases to the United States Bankruptcy Court for the Southern District of New York, White Plains Division. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 2 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001
2

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Case Caption

Case No. Adv. Pro. 11-01484 (TWD) No. 08-2-43603-9 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01485 (TWD) No. 09-2-11108-1 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01486 (TWD) No. 09-2-39247-1 SEA (Removed from the Superior Court of the State of Washington, King County)

District

R.P. v. Congregation of Christian Brothers-Brother Rice Province, Eastern American ProvinceCongregation of Christian Brothers, f/k/a Congregation of Christian Brothers-North American Province; and Christian Brothers Institute, a New York not for profit corporation

United States Bankruptcy Court for the Western District of Washington

G.W., A.C., P.C., D.C., and T.M. v. Congregation of Christian Brothers-Brother Rice Province, Eastern American Province-Congregation of Christian Brothers, f/k/a Congregation of Christian Brothers-North American Province; and Christian Brothers Institute, a New York not for profit corporation K.A. and J.S. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian BrothersBrother Rice Province, Eastern American Province Congregation of Christian Brothers, f/k/a Congregation of Christian BrothersNorth American Province; Christian Brothers Institute, a New York not for profit corporation; and Congregation of Christian Brothers, a worldwide organization

United States Bankruptcy Court for the Western District of Washington

United States Bankruptcy Court for the Western District of Washington

The general venue rule creates a presumption that litigation related to a bankruptcy case should occur in the court in which the bankruptcy case is filed (i.e., the so-called home court). See, e.g., Gulf States Exploration Co. v. Manville Forest Products Corp. (In re Manville Forest Products Corp.), 896 F.2d 1384, 1390 - 1391 (2d Cir. 1990); PermaLife Products, LLC v. TSJ Dirt, LLC (In re PermaLife Products, LLC), 432 B.R. 503, 516 (Bankr. D.N.J. 2010); Oglebay Norton Company v. Port (In re Onco Invest. Co.), 320 B.R. 577, 580 (Bankr. D. Del. 2005). The
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 3 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

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presumption protects a debtor from defending actions in different forums and ensures that administration of the debtors estate is not disrupted by conflicting orders entered by different courts. The most important factor in considering a motion for change of venue to a home court is whether the adversary proceeding may have an impact on economical and efficient administration of the estate. In re Harnischfeger Industries, Inc., 246 B.R. 421, 437 (Bankr. N.D. Ala. 2000) (most important factor); In re Enron Corp., 274 B.R. 327, 348 (Bankr. S.D. N.Y. 2002) (most important factor). Under 28 U.S.C. 157(b)(2)(B), the Bankruptcy Court has jurisdiction over the Related Cases and the Claims (defined below) alleged therein for purposes of core proceedings, e.g., general administration of the Chapter 11 case, including such matters as allowance or disallowance of a claim, and estimation of the Claims for purposes such as determining the feasibility of a reorganization. See Robert v. Johns-Manville Corp., 45 B.R. 823, 825-26 (S.D.N.Y. 1984). The District Court however, retains jurisdiction over the Related Cases regarding the liquidation or estimation of the Claims for purposes of distribution in the Debtors Chapter 11 case. 28 U.S.C. 157(b)(2)(B). Granting the motion would result in unified

jurisdiction by the Bankruptcy Court over the Claims for all purposes except for trial. II. FACTUAL BACKGROUND

On April 28, 2011 (the Petition Date), the Debtor filed a voluntary petition for reorganization under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the "Bankruptcy Code"). The Debtors Chapter 11 case is pending in the United States

Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) before the Honorable Robert D. Drain under case number 11-22820 (RDD).
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 4 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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Prior to the Petition Date, the Debtor was named as a defendant in each of the Related Cases. The plaintiffs in the Related Cases have made claims (collectively, the Claims) that at some time in the past they were sexually abused or otherwise injured by one or more persons allegedly associated with the Debtor. approximately 30 and 50 years ago. Prior to the Petition Date, the Debtor settled several lawsuits and attempted to reach a global resolution of the Related Cases through mediation. Despite those attempts, the Debtor was unable to reach a resolution of the Related Cases. As a result, the proceedings in the Related Cases continued to drain the Debtors limited resources. Because a single substantial jury verdict or settlement could leave the Debtor without the financial ability to resolve the Claims set forth in the Related Cases (or the claims of other legitimate claimants), the Debtor was required to commence its Chapter 11 case. To accomplish a global resolution of the claims of all legitimate claimants, including the Claims set forth in the Related Cases, the Debtor will be required to liquidate some of its assets in an orderly fashion and to resolve all claims in a fair manner. As set forth above, after the Petition Date, the Debtor removed the Related Cases to this Court. Removal was appropriate because: (a) the Claims were asserted against the Debtor in civil actions; (b) the Claims were not exempt from removal; and (c) this Court has subject matter jurisdiction over the removed claims pursuant to 28 U.S.C. 1452 and 1334. The Claims raise federal questions and are related to Debtor's bankruptcy proceeding. See Calumet Nat'l Bank v. Levine, 179 B.R. 117, 120 (N.D. Ind. 1995) (stating that related to jurisdiction includes tort The Claims are alleged to have occurred between

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 5

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claims that might result in a substantial judgment against [the debtor] and, in turn, a claim against the bankruptcy estate). III. ARGUMENT A. Venue of the Related Cases is Proper in the Bankruptcy Court Pursuant to 28 U.S.C. 157(b)(5). The Debtor's Chapter 11 case is currently pending before the Bankruptcy Court, which, by virtue of 28 U.S.C. 1334(a) and the Order of Reference, has exclusive jurisdiction over the Debtors Chapter 11 case. Under 28 U.S.C. 157(b)(5), venue is proper in the district court in the district in which the bankruptcy case is pending.3 This Court should therefore centralize the Related Cases in the Bankruptcy Court. As the Second Circuit has observed, "Congress enacted section 157(b)(5) to expand the district court's venue-fixing powers with an eye to centralizing the adjudication of a bankruptcy case." Murray v. Pan Am. World Airways (In re Pan Am Corp.), 16 F.3d 513, 516 (2d Cir. N.Y. 1994); See also Lindsey v. O'Brien, Tanski, Tanzer & Young Health Care Providers (In re Dow Corning Corp.), 86 F.3d 482, 497 (6th Cir. 1996) (recognizing that 157(b)(5) transfers harmonize with the oft-stated goal of centralizing the administration of a bankruptcy estate); Calumet Nat'l Bank, 179 B.R. at 121 ([A] purpose behind section 157(b)(5) is making it possible for a single forum to oversee the many claims and proceedings that might arise in or affect a bankruptcy case.). Here, centralization of the Related Cases in the Bankruptcy Court will promote the efficient administration and resolution of the Debtors Chapter 11 case, as well as the Related

Under 28 U.S.C. 157(b)(5), trial may alternatively be had in the "district court in the district in which the claim arose. Nevertheless, apart from trial, the Bankruptcy Court has jurisdiction over the Related Cases, including all pretrial matters. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 6 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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Cases. If the Related Cases are not transferred, this Court will be required to oversee the extensive discovery and pretrial matters associated with those Cases, and will likely be required to work in tandem with the Bankruptcy Court in conjunction with the Bankruptcy Courts administration of the Debtors Chapter 11 case. Such dual administration will waste judicial time and effort, increase attorneys fees and expenses, and result in a decreased distribution to creditors. Under 28 U.S.C. 157(b)(5), the District Court has the exclusive authority to determine the trial venue for any personal injury tort claims involving Debtor because it is the district court in which the bankruptcy case is pending.4 See also A.H. Robins Co. v. Piccinin, 788 F.2d 994, 1010 (4th Cir. 1986) (Unquestionably the district court in this [bankruptcy] case had the power under the statute to fix the trial venue in its district for all the Dalkon Shield cases.). B. Transfer of the Related Cases will Promote Efficiency. Transfer of the Related Cases to the Bankruptcy Court will allow the Bankruptcy Court to oversee discovery and all pretrial matters through the lodging of pretrial orders. This oversight will considerably reduce duplicative discovery expenses and efforts by the Debtor, codefendants, other claimants, and the federal court system. Duplicative depositions, other

discovery, and motion practice will likely consume estate assets that would otherwise be available for creditors. Transfer of the Related Cases will prevent the unnecessary travel and related expenses of the Debtors members for duplicative discovery requests or other court

28 U.S.C. 157(b)(5) states that [t]he district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 7 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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proceedings. Virtually all of the Debtors books and records are located in the Southern District of New York, as are the Debtors members. Transfer of the Related Cases will allow the Bankruptcy Court to streamline pretrial procedure in a way that could not otherwise be accomplished with four separate adversary proceedings on different timetables in this Court. Administration of the Related Cases in the Bankruptcy Court will also prevent the entry of inconsistent orders regarding discovery or other issues. Transfer also helps prevent inconsistent legal rulings. For example, the same substantive law will be applied in each of the Related Cases with respect to issues such as damages, statutes of limitations, and the viability of negligent supervision claims. Some plaintiffs may claim repressed memories, and the lack of science supporting the admissibility of such testimony must be tested through pre-trial Daubert hearings. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993); In re Young Broad. Inc., 430 B.R. 99, 121 (Bankr. S.D.N.Y. 2010). The existence of these legal issues and others creates a compelling need for consideration of the pretrial portions of the Related Cases in the Bankruptcy Court. Because mediation or other means of alternative dispute resolution of the Claims will be helpful - if not necessary - to the efficient resolution of this Chapter 11 case, consistency is vital to the equitable treatment of all legitimate claimants. If litigation of the Related Cases is allowed to proceed independently, the Related Cases may be at procedurally distinct junctures, or be subject to disparate legal rulings. Moreover, if alternative dispute resolution proceedings are commenced separately and on different timetables, independent litigation of the Related Cases would likely give one set of plaintiffs superior leverage relative to other plaintiffs.
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 8 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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The Fourth Circuit's decision in A.H Robins Co., Inc. v. Piccinin, 788 F.2d 994 (4th Cir. 1986), is instructive on the issue of transferring related-to personal injury cases. In A.H Robins, the debtor sought protection under Chapter 11 of the Bankruptcy Code to stem the mounting tide of claims and suits relating to the Dalkon Shield, a birth control product sold by A.H. Robins between 1971 and 1974. Pursuant to the debtor's motion and 28 U.S.C. 157(b)(5), the district court ordered that the personal injury actions relating to the Dalkon Shield would be tried in the district court in which the bankruptcy proceeding was pending. Id. at 998. Two parties appealed the order. The Fourth Circuit held that the purpose of [28 U.S.C 157(b)(5)] was . . . to centralize the administration of the estate and to eliminate the multiplicity of forums for the adjudication of parts of a bankruptcy case. Id. at 1011 (quoting 130 Cong. Rec. H. 7492, June 29, 1984, reprinted in 1984 U.S. Code Cong. & Adm. News at 579). In particular, the Fourth Circuit expressly held that there are very real considerations that support a centralization of all the [personal injury] claims[.] Id. As the Fourth Circuit explained: The single focal point of this proceeding is the development of a reasonable plan of reorganization for the debtor, one which will work a rehabilitation of the debtor and at the same time assure fair and non-preferential resolution of the Dalkon Shield claims. . . . These Dalkon Shield claims . . . represent what are characterized in the Act as contingent or unliquidated claims. . . . Ordinarily such claims would be estimated by the bankruptcy court as a core proceeding, . . . for purpose of allowance if failure to do so would unduly delay the administration of the case.. . . That duty of estimation in a proper case under section 502(c) is not a permissive one; it is a mandatory obligation of the bankruptcy court. This customary process of estimation of contingent claims is, however, different where the unliquidated, contingent claims are personal injury tort claims. Section 157(b)(2)(B) excepts from the definition of core proceedings personal tort claims against the debtor. The bankruptcy court thus is without authority under the Act over the liquidation or estimation of contingent or unliquidated personal injury or wrongful
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 9 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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death claims against the estate for purposes of distribution under Title 11 . . . It will be observed, however, that the statute denies authority to the bankruptcy court to estimate contingent claims only if the purpose is to make a distribution of the assets of the debtor; the statute does not in express terms deny to the bankruptcy court the authority, or relieve it of the duty, to estimate the contingent personal injury claims for purposes of determining the feasibility of a reorganization. And such has been the construction of the statute which has been adopted by the courts which have had to face the issue[.] Id. at 1011-12. (citations omitted, emphasis in original). Additionally - and again with import for the various Related Cases here - the Fourth Circuit observed that the personal injury cases plainly had the potential to diminish the debtors assets, thereby unnecessarily depriving claimants of recovery. The court further noted the realities of modern litigation and in particular that [p]re-trial discovery under modern federal practice has become a monster on the loose . . . . " Id. at 1013, quoting JohnsManville Corp. v. the Asbestos Litigation Group (In re Johns-Manville Corp.), 40 B.R. 219, 224 (S.D.N.Y. 1984). The financial burden of that monster could be considerably reduced if duplicative discovery was avoided. Id. The court concluded that transfer was in all parties financial interest: [i]f the claimants as a whole are to realize reasonable compensation for their claims, it is obviously in the best interest of the class of claimants as a whole to obviate the tremendous expense of trying these cases separately. Id. The Fourth Circuit held that transfer was warranted because [n]o progress along estimating these contingent claims . . . can be made until all Dalkon Shield claims and suits are centralized before a single forum where all interests can be heard and in which the interests of all claimants with one another may be harmonized." Id. at 1014. The Fourth Circuit's approach has been followed by various other courts. See, e.g., In re Dow Corning Corp., 187 B.R. 919, 932 (E.D. Mich. 1995) (For the purpose of determining the
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 10 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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trial venue of the breast implant cases or furthering the estimation process, the Court transfers the claims against the Debtor Dow Corning to this Court.); Lindsey, 86 F.3d at 497 (reversing the district court and finding that 28 U.S.C. 157(b)(5) permitted the district court to fix venue for cases pending against non-debtor defendants which are related to a debtor's bankruptcy case); In re Federal Press Co., 117 B.R. 942, 950 (Bankr. N.D. Ind. 1989) (following A.H Robins and transferring to Indiana a personal injury case pending in California). If, in future proceedings in this Chapter 11 case, events transpire that require any of the Related Cases (together with any co-defendants) to proceed to trial, any individual party could request that such Related Case be transferred from the Bankruptcy Court to the district in which the Claim arose. See A.H Robins, 788 F.2d at 1011 (And there are very real considerations that support a centralization of all the Dalkon Shield claims, at least at first, in the district court having jurisdiction of the bankruptcy.) (emphasis in original); In re Dow Corning Corp., 187 B.R. at 932 ([T]he Court will not rule on the trial venue issue, at this time but will make that determination following the close of the estimation process.). At the close of the estimation process, all parties will be able to evaluate whether they oppose or join such a future motion to transfer trial venue to the district court in which the claim arose. Such a determination, however, need not be made during the initial stage of this Chapter 11 case, when the focus must be on the efficient administration of the Debtors Chapter 11 case and stabilization of its operations. IV. CONCLUSION Because efficiency is best achieved by this Courts transfer of the Related Cases to the Bankruptcy Court, at least at first, id., the Debtor respectfully requests that this Court enter an order transferring the Related Cases to the Bankruptcy Court, or, in the alternative, issue findings
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 11 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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of fact and recommendations to the District Court for the Western District of Washington to enter a corresponding order. DATED this 15th day of June, 2011. TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute Debtor and Debtor-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 Telephone: (212) 216-8000 Facsimile: (212) 216-8001 Email: smarkowitz@tarterkrinsky.com

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 12

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CERTIFICATE OF SERVICE I hereby certify that on June 16 2011, I electronically filed the foregoing Memorandum of Law in Support of Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) with the Clerk of the Court using the CM/ECF system and served counsel below by the method indicated: Attorneys for Plaintiffs Rebecca Roe, Esq. Schroeter Goldmark & Bender 810 Third Avenue, Suite 500 Seattle, WA 98104 Facsimile: (206) 682-2305 Telephone: (206) 622-8000 -andMark Leemon, Esq. Leemon & Royer 2505 Second Avenue, Suite 610 Seattle, WA 98121 Facsimile: (206) 269-7424 Telephone: (206) 269-1100 (Via Regular Mail) (Via Regular Mail)

/s/ Karen Menendez Karen Menendez Tarter Krinsky & Drogin LLP

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 13

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 15, 2011 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division); and upon the memorandum of law, dated June 15, 2011 in support thereof; and authorities and argument having been presented to this Court; and it appearing to the Court that the Motion is one properly brought under the provisions of 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure; and it further appearing that the transfer of the above-captioned adversary proceeding will facilitate the economical and efficient administration of the Debtors estate; and good cause appearing therefore; it is hereby
ORDER GRANTING MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 1 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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ORDERED, ADJUDGED AND DECREED that the above-captioned adversary proceeding be and it is hereby transferred from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division). Dated: Seattle, Washington July ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE

ORDER GRANTING MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 2

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2.

Pursuant to 28 U.S.C. 157(b)(5) and the order of reference, dated July 10, 1984

(Ward, C.J.) (the Order of Reference) issued by the United States District Court for the Southern District of New York (the District Court), the Debtor hereby moves to transfer all "personal injury tort . . . claims" that are "related to" the Debtors Chapter 11 case (collectively, the Related Cases) from this Court1 to the Bankruptcy Court because (a) the United States District Court for the Southern District of New York (the District Court) is the district court in which the bankruptcy case is pending, (b) pursuant to the order of reference, dated July 10, 1984 (Ward, C.J.) (the Order of Reference) issued by the District Court, all bankruptcy cases are automatically referred to the Bankruptcy Court and (c) the Bankruptcy Court is the home court for the Debtors Chapter 11 case. The Related Cases currently pending in this Court are: Case Caption L.W., T.J., R.T., H.W., and H.V. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian BrothersBrother 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 Case No. Adv. Pro. 11-01483 (TWD) No. 09-2-23995-9 SEA (Removed from the Superior Court of the State of Washington, King County) District

United States Bankruptcy Court for the Western District of Washington

The Related Cases have been removed pursuant to Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure and CR 101(e) of the Local Rules of the U.S. District Court for the Western District of Washington, to the following adversary proceedings pending before this Court: ECF Docket No. 1 in Adv. Pro. 11-01483 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01484 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01485 (TWD), ECF Docket No. 1 in Adv. Pro. 11-01486 (TWD). MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 2 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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Case Caption

Case No. Adv. Pro. 11-01484 (TWD) No. 08-2-43603-9 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01485 (TWD) No. 09-2-11108-1 SEA (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01486 (TWD) No. 09-2-39247-1 SEA (Removed from the Superior Court of the State of Washington, King County)

District

R.P. v. Congregation of Christian Brothers-Brother Rice Province, Eastern American ProvinceCongregation of Christian Brothers, f/k/a Congregation of Christian Brothers-North American Province; and Christian Brothers Institute, a New York not for profit corporation

United States Bankruptcy Court for the Western District of Washington

G.W., A.C., P.C., D.C., and T.M. v. Congregation of Christian Brothers-Brother Rice Province, Eastern American Province-Congregation of Christian Brothers, f/k/a Congregation of Christian Brothers-North American Province; and Christian Brothers Institute, a New York not for profit corporation K.A. and J.S. v. Corporation of the Catholic Archbishop of Seattle, a sole corporation; Congregation of Christian BrothersBrother Rice Province, Eastern American Province Congregation of Christian Brothers, f/k/a Congregation of Christian BrothersNorth American Province; Christian Brothers Institute, a New York not for profit corporation; and Congregation of Christian Brothers, a worldwide organization 3.

United States Bankruptcy Court for the Western District of Washington

United States Bankruptcy Court for the Western District of Washington

The Related Cases are all personal injury/tort cases where all plaintiffs are all

making claims (collectively, the Claims) that at some time in the past they were sexually abused or otherwise injured by one or more persons allegedly associated with the Debtor. The Debtors potential liability with regard to the Claims has caused it to seek protection under the Bankruptcy Code.

MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 3

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

4.

Under 28 U.S.C. 157(b)(2)(B), the Bankruptcy Court has jurisdiction over the

Related Cases and the Claims alleged therein for purposes of core proceedings, e.g., allowance or disallowance of a claim, and estimation of the claims for purposes such as determining the feasibility of a reorganization. See Robert v. Johns-Manville Corp., 45 B.R. 823, 825-26 (S.D.N.Y. 1984). The District Court, however, retains jurisdiction over the Related Cases regarding the liquidation or estimation of the Claims for purposes of distribution in the Debtors Chapter 11 case. 28 U.S.C. 157(b)(2)(B). Granting the Debtors motion would result in unified jurisdiction by the Bankruptcy Court over the Claims for all purposes except for trial, and would facilitate the Debtors reorganization efforts. 5. At the initial 105(d) status conference held before the Honorable Robert D.

Drain on June 7, 2011, the Debtor and counsel for the creditors committee advised the Court that the Debtor had removed various personal injury and tort actions pending in Superior Court in Seattle to the Bankruptcy Court for the Western District of Washington, as required by the relevant rules. The Debtor advised the parties and the Court that it would file a motion to transfer venue of the removed cases to the Bankruptcy Court in New York. 6. Since the Debtors Chapter 11 case is pending before the Honorable Robert D.

Drain in New York, and no bankruptcy case is pending in Seattle, it would promote judicial economy for this Court to transfer venue of the Related Cases to Judge Drain in White Plains, New York. Judge Drain would then hear any motions for remand filed by any party. 7. This motion is supported by the concurrently filed memorandum in support, as

well as the pleadings and other records on file with the Court.

MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 4

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-7 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Transfer Adversary Case to Another District. Pg 20 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

DATED this 15th day of June, 2011. TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute Debtor and Debtor-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 Telephone: (212) 216-8000 Facsimile: (212) 216-8001 Email: smarkowitz@tarterkrinsky.com

MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 5

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-7 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Transfer Adversary Case to Another District. Pg 21 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

CERTIFICATE OF SERVICE I hereby certify that on June 16, 2011, I electronically filed the foregoing Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) with the Clerk of the Court using the CM/ECF system and served counsel below by the method indicated: Attorneys for Plaintiffs Rebecca Roe, Esq. Schroeter Goldmark & Bender 810 Third Avenue, Suite 500 Seattle, WA 98104 Facsimile: (206) 682-2305 Telephone: (206) 622-8000 -andMark Leemon, Esq. Leemon & Royer 2505 Second Avenue, Suite 610 Seattle, WA 98121 Facsimile: (206) 269-7424 Telephone: (206) 269-1100 (Via Regular Mail) (Via Regular Mail)

/s/ Karen Menendez Karen Menendez Tarter Krinsky & Drogin LLP

MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 6

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-8

Filed 07/25/11 Entered 07/25/11 11:56:49 of Hearing Pg 1 of 3

Exhibit Notice

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

Judge: Chapter: Hearing Location: Hearing Date: Hearing Time: Response Date:

Timothy W. Dore 11 U.S. Courthouse Seattle, WA July 22, 2011 9:30 A.M. July 15, 2011

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) NOTICE OF MOTION AND HEARING ON MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

NOTICE OF MOTION AND HEARING ON MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-8

Filed 07/25/11 Entered 07/25/11 11:56:49 of Hearing Pg 2 of 3

Exhibit Notice

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

PLEASE TAKE NOTICE that The Christian Brothers Institutes motion to transfer venue of the above-referenced adversary proceeding to the United States Bankruptcy Court for the Southern District of New York, White Plains Division; IS SET FOR HEARING as follows: JUDGE: PLACE: DATE: TIME: Timothy W. Dore U.S. Courthouse, Seattle, WA - Courtroom 8106 July 22, 2011 9:30 A.M.

IF YOU OPPOSE the Motion, you must file your written response with the Clerks Office of the Bankruptcy Court and deliver copies to the undersigned counsel for Christian Brothers Institute NOT LATER THAN THE RESPONSE DATE, which is July 15, 2011. If you file a response, you are also required to appear at the hearing. IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may, in its discretion, GRANT THE MOTION PRIOR TO THE HEARING WITHOUT FURTHER NOTICE, and strike the hearing. DATED this 15th day of June, 2011. TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute Debtor and Debtor-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 Telephone: (212) 216-8000 Facsimile: (212) 216-8001 Email: smarkowitz@tarterkrinsky.com
TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

NOTICE OF MOTION AND HEARING ON MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 2

11-22820-rdd

Doc 57-8

Filed 07/25/11 Entered 07/25/11 11:56:49 of Hearing Pg 3 of 3

Exhibit Notice

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

CERTIFICATE OF SERVICE I hereby certify that on June 16, 2011, I electronically filed the foregoing Notice of Motion and Hearing on Motion to Transfer Related Cases From the U.S. Bankruptcy Court for the Western District of Washington to the U.S. Bankruptcy Court for the Southern District of New York (White Plains Division) with the Clerk of the Court using the CM/ECF system and served counsel below by the method indicated: Attorneys for Plaintiffs Rebecca Roe, Esq. Schroeter Goldmark & Bender 810 Third Avenue, Suite 500 Seattle, WA 98104 Facsimile: (206) 682-2305 Telephone: (206) 622-8000 -andMark Leemon, Esq. Leemon & Royer 2505 Second Avenue, Suite 610 Seattle, WA 98121 Facsimile: (206) 269-7424 Telephone: (206) 269-1100 (Via Regular Mail) (Via Regular Mail)

/s/ Karen Menendez Karen Menendez Tarter Krinsky & Drogin LLP

NOTICE OF MOTION AND HEARING ON MOTION TO TRANSFER RELATED CASES FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) - 3

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-9 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Extend Time to File Report of Proceedings Pg 1 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

HONORABLE TIMOTHY W. DORE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) MOTION TO EXTEND TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

The Christian Brothers Institute, debtor and debtor-in-possession (the "Debtor"), by and through its counsel, Tarter Krinsky & Drogin LLP, respectfully states as follows: 1. On April 28, 2011 (the Petition Date), the Debtor filed a voluntary petition for

reorganization under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the "Bankruptcy Code"). The Debtors Chapter 11 case is pending in the United States

Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) before the Honorable Robert D. Drain under case number 11-22820 (RDD).
MOTION TO EXTEND TIME TO FILE REPORT OF PROCEEDINGS - 1 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-9 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Extend Time to File Report of Proceedings Pg 2 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON

In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 22, 2011 (the Motion) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor), seeking an extension of time to file a report of proceedings in the above-referenced adversary proceeding; and good cause appearing therefor; it is hereby

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-9 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Extend Time to File Report of Proceedings Pg 3 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

ORDERED, ADJUDGED AND DECREED that the Debtor is granted an extension of time to file its report of proceedings in the above-referenced adversary proceeding to August 12, 2011. Dated: Seattle, Washington June ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-9 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Extend Time to File Report of Proceedings Pg 4 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

2.

By Notice of Removal dated May 25, 2011 (ECF No. 1), the Debtor removed the

above-referenced state court action to this Court. 3. Pursuant to Local Bankruptcy Rule 9027-1(c), the removing party shall within 21

days of filing a notice of removal, file a report of the proceedings from the court from which the action was removed. As such, the Debtor was required to file the report of proceedings on June 17, 2011. The Debtor has substantially completed the report of proceedings, which includes voluminous pleadings and motions from the state court action. 4. By motion dated June 15, 2011 (ECF No. 7), the Debtor sought to transfer venue

of the removed proceedings to the United States Bankruptcy Court for the Southern District of New York where the Debtors Chapter 11 case is pending. The motion to transfer venue is scheduled to be heard on July 22, 2011. 5. By this application, the Debtor requests that this Court extend its time to file the

report of proceedings to August 12, 2011 in the event this Court retains jurisdiction over the removed proceedings. It would be burdensome upon the Court and the Debtor to file substantial pleadings and other proceedings from the state court action in a situation where it is reasonably possible that this Court will not retain jurisdiction, as the primary Chapter 11 case is pending in New York. The only reason the removed proceedings are in this Court is that the Federal Rules of Bankruptcy Procedure require removal of a state court proceeding to be in a district court where the state court is located. Local Bankruptcy Rule 9027-1(c) seems to implement a policy of not filing a report of proceedings in the event the Court may not retain jurisdiction. Although Local Rule 9027-1(c) refers to remand, the reasoning applies herein the result will be the same, i.e., the Court may not retain jurisdiction if the motion to transfer venue is granted.

MOTION TO EXTEND TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-9 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Motion to Extend Time to File Report of Proceedings Pg 5 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

WHEREFORE, the Debtor respectfully requests that the Court grant the Debtor an extension of time to file its report of proceedings to August 12, 2011 pursuant to Federal Rule of Bankruptcy Procedure 9006(b) and 105(a) of the Bankruptcy Code. DATED this 22nd day of June, 2011. TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute Debtor and Debtor-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 Telephone: (212) 216-8000 Facsimile: (212) 216-8001 Email: smarkowitz@tarterkrinsky.com

MOTION TO EXTEND TIME TO FILE REPORT OF PROCEEDINGS - 3

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-10 Filed 07/25/11 Entered 07/25/11 11:56:49 Received UNSIGNED Order. Pg 1 of 2

Exhibit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON

In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 22, 2011 (the Motion) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor), seeking an extension of time to file a report of proceedings in the above-referenced adversary proceeding; and good cause appearing therefor; it is hereby

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-10 Filed 07/25/11 Entered 07/25/11 11:56:49 Received UNSIGNED Order. Pg 2 of 2

Exhibit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

ORDERED, ADJUDGED AND DECREED that the Debtor is granted an extension of time to file its report of proceedings in the above-referenced adversary proceeding to August 12, 2011. Dated: Seattle, Washington June ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-11

Filed 07/25/11 Entered 07/25/11 11:56:49 Order Pg 1 of 2

Exhibit Lodge

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

LODGED: Missing signature of debtor's attorney. FRBP 9011. IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON

In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 22, 2011 (the Motion) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor), seeking an extension of time to file a report of proceedings in the above-referenced adversary proceeding; and good cause appearing therefor; it is hereby

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-11

Filed 07/25/11 Entered 07/25/11 11:56:49 Order Pg 2 of 2

Exhibit Lodge

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

ORDERED, ADJUDGED AND DECREED that the Debtor is granted an extension of time to file its report of proceedings in the above-referenced adversary proceeding to August 12, 2011. Dated: Seattle, Washington June ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-12 Filed 07/25/11 Entered 07/25/11 11:56:49 Amended Received UNSIGNED Order. Pg 1 of 2

Exhibit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON

In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 22, 2011 (the Motion) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor), seeking an extension of time to file a report of proceedings in the above-referenced adversary proceeding; and good cause appearing therefor; it is hereby

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-12 Filed 07/25/11 Entered 07/25/11 11:56:49 Amended Received UNSIGNED Order. Pg 2 of 2

Exhibit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

ORDERED, ADJUDGED AND DECREED that the Debtor is granted an extension of time to file its report of proceedings in the above-referenced adversary proceeding to August 12, 2011. Dated: Seattle, Washington June ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE Presented by:

/s/ Scott S. Markowitz Scott S. Markowitz Counsel for the Debtor TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone: (212) 216-8000 Fax: (212) 216-8001

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd Docket June 28, 2011 Entered on Doc 57-13 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Order Granting Motion to Extend Time to File Report of Proceedings Pg 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON

In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 22, 2011 (the Motion) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor), seeking an extension of time to file a report of proceedings in the above-referenced adversary proceeding; and good cause appearing therefor; it is hereby

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 1

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd Doc 57-13 Filed 07/25/11 Entered 07/25/11 11:56:49 Exhibit Order Granting Motion to Extend Time to File Report of Proceedings Pg 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

ORDERED, ADJUDGED AND DECREED that the Debtor is granted an extension of time to file its report of proceedings in the above-referenced adversary proceeding to August 12, 2011. Dated: Seattle, Washington June ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE Presented by:

/s/ Scott S. Markowitz Scott S. Markowitz Counsel for the Debtor TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone: (212) 216-8000 Fax: (212) 216-8001

ORDER GRANTING THE DEBTOR AN EXTENSION OF TIME TO FILE REPORT OF PROCEEDINGS - 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

11-22820-rdd

Doc 57-14 Filed 07/25/11 Entered 07/25/11 11:56:49 Received UNSIGNED Order Pg 1 of 3

Exhibit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON In re: Chapter 11 THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. R.P., NO. 08-2-43603-9 SEA Plaintiff, v. CONGREGATION OF CHRISTIAN BROTHERS-BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION OF CHRISTIAN BROTHERS, f/k/a CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE; and, CHRISTIAN BROTHERS INSTITUTE, a New York not for profit corporation, Defendants. (Removed from the Superior Court of the State of Washington, King County) Adv. Pro. 11-01484 (TWD) CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION) Case No. 11-22820 (RDD) (Jointly Administered)

Upon the motion, dated June 15, 2011 (the Motion) to transfer the above-referenced adversary proceeding from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division); and upon the memorandum of law, dated June 15, 2011 in support thereof; and upon the consent of counsel for the plaintiffs and the consent of the Official Committee of Unsecured Creditors appointed in the Chapter 11 case of The Christian Brothers Institute, et al., Case No. 11-22820; and it appearing to the Court that the Motion is one properly brought under
CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 1 TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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the provisions of 28 U.S.C. 157(b)(5) and/or Rule 7087 of the Federal Rules of Bankruptcy Procedure; and it further appearing that the transfer of the above-captioned adversary proceeding will facilitate the economical and efficient administration of the Debtors estate; and good cause appearing therefore; it is hereby ORDERED, ADJUDGED AND DECREED that the above-captioned adversary proceeding be and it is hereby transferred from the United States Bankruptcy Court for the Western District of Washington to the United States Bankruptcy Court for the Southern District of New York (White Plains Division); and it is further ORDERED, ADJUDGED AND DECREED that the transfer of the above-captioned adversary proceeding is without prejudice to any party in the transferred adversary proceeding filing a motion for remand or other relief such party deems appropriate with the Bankruptcy Court in New York. Dated: Seattle, Washington July ___, 2011 THE HONORABLE TIMOTHY W. DORE UNITED STATES BANKRUPTCY JUDGE Presented by:

/s/ Scott S. Markowitz Scott S. Markowitz Counsel for the Debtor TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone: (212) 216-8000 Fax: (212) 216-8001

CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 2

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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No objection to entry of this Order: SCHROETER GOLDMARK & BENDER Attorneys for Plaintiffs

By: Rebecca Roe 810 Third Avenue, Suite 500 Seattle, WA 98104 (206) 622-8000

LEEMON & ROYER Attorneys for Plaintiffs

By:

/s/ Mark Leemon Mark Leemon 2505 Second Avenue, Suite 610 Seattle, WA 98121 (206) 269-1100

PACHULSKI STANG ZIEHL & JONES LLP Attorneys for the Official Committee of Unsecured Creditors

By:

/s/ Ilan D. Scharf James I. Stang Ilan D. Scharf 780 Third Avenue, 36th Floor New York, New York 10017 (212) 561-7700

CONSENT ORDER GRANTING MOTION TO TRANSFER REMOVED STATE COURT ACTION FROM THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON TO THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (WHITE PLAINS DIVISION)- 3

TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, New York 10018 Phone (212) 216-8000 Fax (212) 216-8001

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