IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN STIPULATION REGARDING PUBLICATION OF CERTAIN DOCUMENTS

Transcription

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: ARCHDIOCESE OF MILWAUKEE, Debtor. Case No svk Chapter 11 Hon. Susan V. Kelley STIPULATION REGARDING PUBLICATION OF CERTAIN DOCUMENTS The Archdiocese of Milwaukee (the Archdiocese ), the Official Committee of Unsecured Creditors (the Committee ) and certain claimants represented by Jeffrey Anderson, Michael Finnegan and the other lawyers reflected in the signature block ( State Court Counsel ), hereby stipulate to the following: 1. On August 30, 2011, the Court issued an Order re Joint Motion of Official Committee of Unsecured Creditors and Jeffrey Anderson & Associates for an Order Pursuant to Federal Rule of Bankruptcy Procedure 2004 Directing the Oral Examination of Bishop Sklba, Archbishop Weakland, and Daniel Budzynski and for Production of Documents. [Dkt. No. 398] 2. State Court Counsel represent that they have reviewed all of the documents produced in compliance with this Order and have now requested that certain documents be made public which they believe will further the goals of transparency and healing for abuse survivors. Daryl L. Diesing Bruce G. Arnold Francis H. LoCoco Whyte Hirschboeck Dudek S.C. 555 East Wells Street, Suite 1900 Milwaukee, Wisconsin Telephone: (414) Facsimile: (414) flococo@whdlaw.com Case svk Doc 1792 Filed 04/03/13 Page 1 of 13

2 3. The Archdiocese agrees to post on its website the documents listed in Exs. 2-17, 19-37, of the Documents Submitted for Judge Kelley s Review [Dkt. No. 1506] as well as the deposition of Cardinal Timothy Dolan [Dkt. No. 1570] including the exhibits to that deposition taken on February 20, 2013 subject to the remaining provisions of this Stipulation. 4. The Archdiocese and State Court Counsel will also work cooperatively to prepare chronological timelines that reference the documents to be posted. If the Archdiocese and State Court Counsel cannot agree upon a jointly prepared timeline, then the Archdiocese will post the timeline it prepares along with the documents and State Court Counsel are free to prepare their own timeline and post it on their own website. The Archdiocese will not be required to post any timelines prepared by State Court Counsel. 5. The timelines and the documents will remain on the Archdiocesan website for as long as the List of Abusive Priests (the List ) is published. 6. If additional names are added to the List, the Archdiocese will post additional relevant documents regarding the abuse along with an accompanying timeline relating to the Abusive Priest who was added to the List. 7. The Archdiocese and State Court Counsel agree that the documents to be posted will be redacted to remove information that could identify or lead to the identification of the victim survivors, their families or any non-perpetrator reporters who are not or were not employed by the Archdiocese of Milwaukee or are not or were not working at any Catholic entity within the Archdiocese of Milwaukee. In addition, the documents may be redacted for WHD/ Case svk Doc 1792 Filed 04/03/13 Page 2 of 13

3 claimed privileges that are made in good faith, based on attorney-client, attorney work product, medical/mental health and priest-penitent. 8. The Archdiocese shall inform State Court Counsel by May 15, 2013 of any and all assertions of privilege and any additional redactions necessary in order to comply with paragraph 7 above. 9. State Court Counsel shall inform the Archdiocese by June 1, 2013 whether they agree to the redaction(s) or the claimed privilege(s). 10. Any document(s) where the Archdiocese and State Court Counsel cannot agree regarding the proposed redaction(s) shall be submitted to the Court or her designated Special Master for decision as set forth in paragraph 15 below. 11. On or before June 1, 2013, the Archdiocese and State Court Counsel shall inform each other as to whether they seek the release of any additional documents produced in compliance with the Order re Joint Motion of Official Committee of Unsecured Creditors and Jeffrey Anderson & Associates for an Order Pursuant to Federal Rule of Bankruptcy Procedure 2004 Directing the Oral Examination of Bishop Sklba, Archbishop Weakland, and Daniel Budzynski and for Production of Documents. [Dkt. No. 398] that are not otherwise a subject of this Stipulation. 12. If the Archdiocese and State Court Counsel agree on the release of these additional documents, then they will be redacted as set forth in the preceding paragraphs. If the Archdiocese and State Court Counsel cannot agree as to a particular document or particular WHD/ Case svk Doc 1792 Filed 04/03/13 Page 3 of 13

4 documents, then a final decision will be made by the Court or her designated Special Master as set forth in paragraph 15 below. 13. The documents and timelines as described in detail above shall be posted by the Archdiocese and on its website and otherwise be made public no later than July 1, If the Parties can complete the various tasks described in the preceding paragraphs prior to this date, then the Parties are permitted to agree upon an earlier publication date. Moreover, the Parties will make best efforts to set the publication date earlier. No documents or timelines will be made public by any parties until July 1, 2013 or whichever earlier date is agreed upon by the parties. The parties reserve their rights to revisit this publication date if compliance with paragraph 11 results in the consideration of a substantial number of additional documents. 14. Other than in connection with paragraph 6 above, the documents and timelines for the List will be posted on the same date and time. 15. Any disputes regarding documents to be posted or redactions to be made shall be resolved by the Court or a Special Master to be appointed by the Court. To the extent any documents or timelines are still the subject of dispute on July 1, 2013, those particular documents will not be posted; however, the remaining documents and timelines will still be posted on July 1, State Court Counsel agree to withdraw with prejudice their Motion to Modify Protective Order [Dkt. No. 1289] and all documents filed in support of this motion other than the request for relief with respect to the documents listed in Exs. 18 and 38 of the Documents Submitted for Judge Kelley s Review [Dkt. No. 1506]. State Court Counsel and WHD/ Case svk Doc 1792 Filed 04/03/13 Page 4 of 13

5 Committee Counsel reserve their rights to file a supplemental motion(s) with respect to these documents and the Archdiocese reserves its rights to object to any such supplemental motion. 17. With respect to the documents produced in compliance with the Order re Joint Motion of Official Committee of Unsecured Creditors and Jeffrey Anderson & Associates for an Order Pursuant to Federal Rule of Bankruptcy Procedure 2004 Directing the Oral Examination of Bishop Sklba, Archbishop Weakland, and Daniel Budzynski and for Production of Documents. [Dkt. No. 398], State Court Counsel and the Committee agree that they will not make additional requests for the public release of these documents subject to the following agreed-upon exceptions: a. If the Archdiocese produces additional documents or portions of documents not previously produced in compliance with the Order referenced above, then State Court Counsel may request release of some or all of those additional documents or portions of documents not previously produced but subject to the same redaction protocols discussed above. b. The Archdiocese agrees that in any future distinct proceeding it will not use this Stipulation as a defense to a future request for the production of documents or in response to a properly issued and served subpoena. c. Nothing contained in this Stipulation restricts any parties ability to conduct discovery, request documents, or take further depositions. [Signature Pages Follow] WHD/ Case svk Doc 1792 Filed 04/03/13 Page 5 of 13

6 WHYTE HIRSCHBOECK DUDEK S.C. /s/ Francis H. LoCoco Daryl L. Diesing Bruce G. Arnold Francis H. LoCoco 555 East Wells Street, Suite 1900 Milwaukee, Wisconsin Telephone: (414) Facsimile: (414) Attorneys for Archdiocese of Milwaukee, Debtor and Debtor-in-Possession Dated this 3rd day of April, JEFF ANDERSON & ASSOCIATES, P.A. /s/ Jeffrey R. Anderson Jeffrey R. Anderson Michael G. Finnegan 366 Jackson St., Suite 100 St. Paul, MN Telephone: (651) Facsimile: (651) WHD/ Case svk Doc 1792 Filed 04/03/13 Page 6 of 13

7 PACHULSKI STANG ZIEHL & JONES LLP /s/ Gillian N. Brown James I. Stang Gillian N. Brown Santa Monica Blvd., 13th Floor Los Angeles, CA Telephone: (310) Facsimile: (310) and- Albert Solochek Jason R. Pilmaier Howard, Solochek & Weber, S.C. 324 E. Wisconsin Ave., Suite 1100 Milwaukee, WI Telephone: (414) Facsimile: (414) Attorneys for the Official Committee of Unsecured Creditors WHD/ Case svk Doc 1792 Filed 04/03/13 Page 7 of 13

8 BRENNAN LAW OFFICES, L.L.C. /s/ Patrick Cavanaugh Brennan Patrick Cavanaugh Brennan Michael Pfau 1100 North Old World Third Street, Suite 200 Milwaukee, WI Telephone: (414) Facsimile: (414) and Michael Pfau Pfau Cochran Vertetis Amala 701 5th Ave #4730 Seattle, WA Telephone: (206) Facsimile: (206) Dated this 3rd day of April, ROBERT L. ELLIOTT LAW OFFICE /s/ Robert L. Elliott Robert L. Elliott 117 West Milwaukee Street Janesville, WI Telephone: (608) Facsimile: (608) WHD/ Case svk Doc 1792 Filed 04/03/13 Page 8 of 13

9 JACOBS & CRUMPLAR, P.A /s/ Raeann Warner Robert Jacobs Thomas Crumplar Raeann Warner 2 East 7 th Street, Suite 400 Wilmington, DE Telephone: Facsimile: bob@jcdelaw.com raeann@jcdelaw.com -and- Thomas S. Neuberger The Neuberger Firm, P.A. 2 East 7th Street, Suite 302 Wilmington, DE Telephone: (302) Facsimile: (302) tsn@neubergerlaw.com WHD/ Case svk Doc 1792 Filed 04/03/13 Page 9 of 13

10 JAMES, VERNON & WEEKS, P.A. /s/ Leander L. James Craig K. Vernon Leander L. James 1626 Lincoln Way Coeur d Alene, Idaho Phone: (208) Facsimile: (208) cvernon@jvwlaw.net ljames@jvwlaw.net Dated this 3rd day of April, JODY L. SHIPPER /s/ Jody L. Shipper Jody L. Shipper 2331 Midvale Avenue Los Angeles, CA Telephone: (310) Facsimile: (866) jshipper@me.com WHD/ Case svk Doc 1792 Filed 04/03/13 Page 10 of 13

11 KOSNOFF FASY /s/ Timothy D. Kosnoff Timothy D. Kosnoff Daniel Fasy 520 Pike Street, Suite 1010 Seattle, Washington Telephone: (206) Facsimile: (855) Dated this 3rd day of April, MICHAEL G. BRADY LAW OFFICES /s/ Michael Brady Michael Brady Seminole Blvd., Suite 1A Largo, FL Telephone: (727) Facsimile: (727) WHD/ Case svk Doc 1792 Filed 04/03/13 Page 11 of 13

12 SCHOBER SCHOBER & MITCHELL, S.C. /s/ John M. Bruce John M. Bruce 2835 S. Moorland Road New Berlin, WI Telephone: (262) Facsimile: (262) Dated this 3rd day of April, SHOLLENBERGER & JANUZZI, LLP /s/ Karl J. Januzzi Karl. J. Januzzi 2225 Millennium Way Enola, PA Telephone: (717) Facsimile: (717) WHD/ Case svk Doc 1792 Filed 04/03/13 Page 12 of 13

13 SMITH, GUNDERSON, AND ROWEN, S.C. /s/ James S. Smith James S. Smith West Capitol Drive Brookfield, WI Telephone: (262) Facsimile: (262) WHD/ Case svk Doc 1792 Filed 04/03/13 Page 13 of 13