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Hearing Date: October 25, 2011 at 10:00 a.m. Objection Date: October 18, 2011 at 4:00 p.m. PATTERSON BUCHANAN FOBES LEITCH & KALZER, INC., P.S. 2112 Third Avenue, Suite 500 Seattle, Washington 98121 (206) 462-6700 Michael A. Patterson, Esq. Attorneys for the Corporation of the Catholic Archbishop of Seattle Party-In-Interest UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : : : : : : : : : : : : : : : : : : : : : : : : : : : :

In re: THE CHRISTIAN BROTHERS INSTITUTE, et al.,

Chapter 11 Case No. 11-22820 (RRD) (Jointly Administered)

Debtor(s)

K.A. and J.S., Plaintiffs, v. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS BROTHER RICE PROVINCE, EASTERN AMERICAN PROVINCECONGREGATION 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, Defendants.

Adversary Proceeding No. 11-08321 (RRD)

MOTION TO SEAL & REFILE REDACTED VERSION OF MOTION FOR APPROVAL AND ENFORCEMENT OF SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS 1

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AND THE ARCHDIOCESE AND DISMISSAL AS TO THE ARCHDIOCESE ONLY The Corporation of the Catholic Archbishop of Seattle (Archdiocese) moves this Court for an Order allowing it to seal the initial filing of the above-entitled motion, re-file the aboveentitled motion, and in support thereof states as follows: JURISDICTION 1. The Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and 1334. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2). 2. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 3. The statutory bases for the relief requested by the underlying Motion include Sections 105 and 541 of Title 11 of the United States Code (the Bankruptcy Code) and F.R.B.P. 9019. The statutory basis for the relief requested by the present Motion includes 11 U.S.C. 107(b) and F.R.B.P. 9018. BACKGROUND On October 11, 2011, the Archdiocese filed with the Court a Motion for Approval and Enforcement of Settlement Agreement between Plaintiffs and the Archdiocese and Dismissal as to the Archdiocese Only. That motion included attached exhibits of settlement agreements involving individual plaintiffs. As originally filed, the exhibits did not redact plaintiffs names. LEGAL ARGUMENT According to 11 U.S.C. 107(b), On request of a party in interest, the bankruptcy court shall, and on the bankruptcy courts own motion, the bankruptcy court may . . . (2) protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title. Id., see In re Food Management Group, LLC, 359 B.R. 543, 553-65 (Bkrtcy.S.D.N.Y. 2007). Although there is a presumption of open access to court proceedings and judicial 2

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documents, in most cases a settlement agreement between private parties is not considered a judicial document. Nixon v. Warner Communications., Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); Hens v. Clientlogic Operating Corp., 2010 WL 4340919 at *2 (W.D.N.Y. 2010). Unlike In re Food Management, where a motion to seal was denied, here there is no relevance to the inclusion of plaintiffs full names as opposed to their initials. 359 B.R. 563. Further, these individuals names are not already public. Id. at 565. Additionally, public disclosure of the identity of child sexual abuse victims is akin to the various exceptions to public access described by the Nixon Court. 435 U.S. 598, 98 S.Ct. 1306. Finally, upon being re-filed, these exhibits will be available for public access in all but the most insignificant deviation from the original filings exhibits. As a result, an Order sealing the initial filing that failed to redact plaintiffs names is appropriate here. Further, and relatedly, good cause exists here to allow the Archdiocese to re-file its motion with attached exhibits that redact identifying information of individual plaintiffs. James Stang, counsel for the creditors committee, has requested that individual plaintiffs initials be used in lieu of full names, to which the Archdiocese has agreed. These redactions will serve to protect the privacy of plaintiffs, consistent with counsels request. CONCLUSION WHEREFORE, based on the foregoing, the Archdiocese respectfully requests that this Court enter an order granting the Defendant Archdioceses Motion to Seal and Re-file Redacted Version of Motion for Approval and Enforcement of Settlement Agreement and Dismissal as to the Archdiocese Only.

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DATED this 12th day of October, 2011.

PATTERSON BUCHANAN FOBES LEITCH & KALZER, P.S., INC. Attorneys for the Corporation of the Catholic Archbishop of Seattle Party-In-Interest

__/s/ Michael A. Patterson______________ Michael A. Patterson 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: map@pattersonbuchanan.com