11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 1 of 14

Main Document

Hearing Date and Time: January 23, 2012 at 10:00 a.m. (EST) Response Deadline: January 18, 2012 at 5:00 p.m. (EST)

CADWALADER, WICKERSHAM & TAFT LLP Peter Friedman, Esq. (pro hac vice pending) 700 Sixth Street, N.W. Washington, D.C. 20001 Telephone: (202) 862-2200 Facsimile: (202) 862-2400 Email: [email protected] Joshua R. Weiss, Esq. Matthew J. Oliver, Esq. One World Financial Center New York, New York 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 Attorneys for Brother Rice High School (Bloomfield Hills, Michigan), Bergen Catholic High School, Brother Rice High School (Chicago, Illinois), Bishop Kearney High School, Iona Preparatory High School, Palma School, Catholic Memorial School, and St. Laurence High School UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------------x : : In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al. : : : : Debtors. : ---------------------------------------------------------------------------x

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

MOTION OF CERTAIN HIGH SCHOOLS TO MODIFY THE SCOPE OF DEBTORS SUBPOENAS ISSUED PURSUANT TO FED. R. BANKR. P. 2004 Brother Rice High School (Chicago), Bergen Catholic High School, Brother Rice High School (Michigan), Bishop Kearney High School, Iona Preparatory School, Palma School, Catholic Memorial School and St. Laurence High School (each a High School and collectively, the High Schools), by and through their undersigned counsel, file this motion to

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 2 of 14

Main Document

modify the scope of subpoenas issued by The Christian Brothers Institute and The Christian Brothers of Ireland, Inc. (together, the Debtors) pursuant to Federal Rule of Bankruptcy Procedure 2004. The subpoenas are overly broad and invasive and pose severe harm to the High Schools without a corresponding, compelling demonstrated benefit for the Debtors. The High Schools respectfully request that the Court limit the scope of the subpoenas in the manner set forth below. BACKGROUND 1. On November 22, 2011, the Debtors filed a motion pursuant to Fed. R.

Bankr. P. 2004 (Rule 2004), seeking discovery of personal contact information for the alumni of a significant number of educational institutions, including the High Schools (see D.I. 167, the Rule 2004 Motion). The Rule 2004 Motion sought discovery from the High Schools (because, at various times, employees of the Debtors are alleged to have taught, ministered at or otherwise provided services to the High Schools), in order to investigate the existence of any alleged causes of actions against the Debtors based on sexual abuse that may have occurred at any of the High Schools going back nearly six decades. 2. None of the High Schools received notice of the Rule 2004 Motion. It

was granted on November 29, 2011 [D.I. 168]. Subsequently, each High School received a subpoena (each a Subpoena and collectively, the Subpoenas). The Subpoenas are simple but extraordinarily broad they demand that each High School provide the Debtors with its entire alumni directory for every year going back for up to sixty years. Nothing in the Subpoenas or the Rule 2004 Motion establishes why that time span is appropriate for each individual High School or why information going back that far is appropriate at all in light of relevant statutes of limitations.

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 3 of 14

Main Document

3.

On December 27, 2011, counsel for the High Schools sent the letter

attached to this motion as Exhibit A to Debtors counsel. This correspondence set forth the High Schools concerns regarding the scope of the Subpoenas and the harm that complying with them may cause the High Schools. Put simply, the High Schools will be harmed if the Debtors use information received from the Subpoenas for purposes of a broad-brush, unjustified outreach to every single alumnus or alumnae of the High Schools regarding allegations of misconduct by former employees of the Debtors. The allegations of misconduct by employees of the Debtors at issue in these cases are serious and troubling, and people with valid claims against the Debtors have every right to pursue redress as creditors of the Debtors. But the High Schools have important interests that are worthy of protection as well they rely heavily on their relationships with their alumni to maintain and further their educational, religious and charitable missions. Forcing the High Schools to divulge their alumni directories and permitting indiscriminate mailings to go to every single one of their graduates that insinuate or imply potential wrongdoing by or at a High School jeopardizes the High Schools goodwill and support among their alumni. Modifying the Subpoenas as set forth below will ameliorate that harm. 4. Counsel for the High Schools has continued to reach out to the Debtors

counsel in an effort to reach a mutually agreeable resolution to the High Schools objection to the Subpoenas. Debtors counsel has responded, and the High Schools hope that the scope of each Subpoena (and the uses for which any information received pursuant to the Subpoenas) can be substantially narrowed.1

The High Schools reserve all rights with respect to the Debtors Motion for an Order Establishing Deadlines for Filing Proofs of Claim and Approving Form and Manner of Notice Thereof (see D.I. 170, the Bar Date Motion). The High Schools plan to file an objection to the Bar Date Motion regarding

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 4 of 14

Main Document

THE HIGH SCHOOLS 5. The High Schools consist of some of the nations leading Catholic High

Schools. As a group, they educate thousands of students from a broad cross-section of the populace and are committed to community service and good works. 6. Founded as a high school in 1957, Catholic Memorial today is a middle

and high school for 750 young men drawn from approximately 80 communities in and around the Greater Boston area. Catholic Memorial is committed to economic, racial and ethnic diversity in its student body. Community service is a strong component of the Catholic Memorial experience, ranging from over half the student body marching annually to raise money for the fight against breast cancer to the senior class devoting one day each week during the spring term to public service projects. While the school has won many state championships in athletics, it has won an equal number of state and national championships in speech and debate. 7. Founded in 1916, Iona Preparatory School is a premier Catholic secondary

school in the Archdiocese of New York. Its students are life-long learners, responsible in their commitment of service to others, and confident in their self-worth. Iona Prep provides a challenging and innovative college-preparatory curriculum and a dedicated and caring faculty and community, all based on religious tenets and steeped in the traditions of the Roman Catholic Church. Iona Prep serves a diverse student body, offering over $1.2 in scholarship and financial aid annually. 8. Brother Rice High School-Chicago, located on the far southwest side of

Chicago, was founded in 1956. To date, over 16,000 young men have graduated from Brother Rice. Brother Rice has been recognized by the Education Services for ACT as one of the 382
both the class of people to whom the Debtors propose to send notices to and the form of the notices and proof of claim forms.

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 5 of 14

Main Document

schools nationwide and one of only two high schools in Chicago that meet the ACTs exacting criteria of rigorous core courses. Brother Rice has been named to the Top 50 Catholic High Schools in America Honor Roll and was named one of the Top 20 schools for Academic Excellence, Catholic Identity and Civic Education. 97% of the class of 2011 was admitted to college, and Brother Rice athletes have won 39 State titles and 128 Chicago Catholic League varsity titles during its existence. Financial aid is offered to all students and is available on an as needed basis. 9. Bergen Catholic High School was founded in 1955. The present student

body numbers 767 students and is comprised of students from a variety of racial, ethnic and religious backgrounds. The school provides $750,000 a year in direct (and indirect) financial aid to families. Bergen Catholic is known for strong academics, the depth and breadth of its technology, competitive athletics (73% of students are on an interscholastic team) and its requirement that each student complete 100 hours of service learning to graduate. It is

recognized for its emphasis on world culture with its study-a-broad opportunity in Buenos Aires and community service in Lima, Peru. 10. Palma School is a private college preparatory school for boys in grades

seven through twelve. For over 60 years, Palma has provided a quality Catholic education through the formation and harmonious development of the whole-person, challenging each young man to grow spiritually, morally, intellectually, physically, and socially. The Palma student-body reflects the ethnic diversity of Californias central coast region, with 54% of the students coming from minority backgrounds. The school has built a tradition of excellence in secondary-level education, sending 99% of its graduating seniors on to colleges across the country. Palma School is committed to a faith-based call to serve those in need, providing nearly

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 6 of 14

Main Document

$300,000 in annual financial aid to marginalized students and striving to serve the poor through weekly campus ministry activities throughout the local community, as well as annual mission trips to Mexico and Peru. 11. Brother Rice High School-Michigan, located in Bloomfield Hills,

Michigan, was founded in 1960. Over the past 50 years, more than 9,000 graduates have received a Catholic college prep education from a school whose mission has been to develop the soul, mind and body of its students. The schools 700 students have established a "Band of Brothers" program that emphasizes camaraderie and leadership. Brother Rices graduates have earned a national reputation over the past five decades for academic and athletic excellence and 98% of its graduates earn a Bachelors degree within five years. Consistent with its mission, every academic, athletic and extra-curricular element of the schools educational program is inherently tied to the development of faith and character. 12. Bishop Kearney High School is celebrating 50 years of excellence in the

Rochester, New York community. The mission of Bishop Kearney is to empower young men and women to reach their full potential academically, spiritually, and socially by providing a college preparatory, values-based Catholic education in a student-centered family atmosphere. The schools students come from over 20 school districts, a variety of socio-economic levels, and embrace several ethnicities and nationalities. Bishop Kearneys curriculum is Regents based, enhanced by 21st century skills and technology, and the school is particularly proud of its 100% graduation rate. 13. For more than half a century, St. Laurence High School has played a vital

part in the lives of young men on the Southwest side of Chicago. Providing a college prep secondary education focused on leadership, excellence, service and Catholic formation, the

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 7 of 14

Main Document

school serves an economically and ethnically diverse student body. 20% of the schools 600 students qualify for free or reduced lunch while many of its graduates are the first members of their families to both graduate high school and attend college. The school provides over

$800,000 in direct financial assistance each year to allow the schools families to see their sons achieve and build a productive future for themselves and their communities. JURISDICTION 14. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C.

157 and 1334. This matter is a core proceeding pursuant to 28 U.S.C. l57(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. RELIEF REQUESTED 15. The Subpoenas subject the High Schools to undue prejudice under Fed. R.

Civ. Pro. 45(c)(3)(A)(iv), made applicable by Fed. R. Bankr. P. 9016, and should be modified by the Court because (i) the discovery sought by the Subpoenas, particularly the temporal scope, is overly broad and invasive, (ii) the Subpoenas seek information not reasonably calculated to lead to the discovery of viable claims due to various state statute of limitations laws, and (iii) requiring the High Schools to comply with the Subpoenas as drafted would be extremely prejudicial and result in severe and irreparable damage to each of the High Schools, particularly in the absence of an appropriate confidentiality order. ARGUMENT A. THE SUBPOENAS ARE OVERLY BROAD AND ARE LIKELY TO CAUSE SUBSTANTIAL HARM TO THE INTERESTS OF THE HIGH SCHOOLS WITHOUT A CORRESPONDING BENEFIT TO THE DEBTORS. 16. Rule 2004 provides that [o]n motion of any party in interest, the court

may order the examination of any entity. Fed. R. Bankr. P. 2004(a). Discovery under Rule

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 8 of 14

Main Document

2004 is expansive; however, it is not limitless. The party seeking discovery under Rule 2004 has the burden of establishing that good cause exists for a Rule 2004 examination. In re Express One Intl Inc., 217 B.R. 215, 216 (Bankr. E.D. Tex. 1998) (citing In re Eagle Pitcher Indus., Inc., 169 B.R. 130, 134 (Bankr. S.D. Ohio 1994)). 17. Good cause requires a debtor or trustee to show some reasonable basis to

examine the material sought to be discovered, which is generally demonstrated if the examination is necessary to establish the movants claim or [if] denial of production would cause undue hardship or injustice. In re Wilcher, 56 B.R. 428, 433 (Bankr. N.D. Ill. 1985). 18. A movants showing of good cause cannot be based on unsubstantiated

allegations. See id. (denying a Rule 2004 motion because [t]he wide scope of the intended discovery has not been supported by any facts of which this court has been made aware...); see also In re Strecker, 251 B.R. 878 (Bankr. D. Colo. 2000) (This court simply cannot permit carte blanche authorization to [movants] fishing expeditions without some alleged conduct or other facts, which could lead to a cause of action...). 19. Similarly, Federal Rule of Civil Procedure 45 provides that a subpoena

issued in the course of discovery must be modified or quashed if it subjects a person to undue burden. Fed. R. Civ. P. 45(c)(3)(A)(iv). While the party moving to modify the subpoena bears the responsibility of establishing undue burden, the party issuing the subpoena must demonstrate that the information sought is relevant and material to the allegations and claims at issue in the proceedings. Alex & Ani, Inc. v. Moa Intl Corp., No. 10-CIV-4590 (KMW), 2011 U.S. Dist. LEXIS 146581, at *8 (S.D.N.Y. Dec. 20, 2011) (quoting Night Hawk Ltd. v. Briarpatch Ltd., 03-CIV-1382, 2003 WL 23018833, at *8 (S.D.N.Y. Dec. 23, 2003)). Federal Rule of Civil Procedure 45 is subject to the requirements of Federal Rule of Civil Procedure

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 9 of 14

Main Document

26(b)(1), which limits the scope of discovery when, among other things, the burden or expense of the proposed discovery outweighs its likely benefit. Id., at *7 (quoting Fed. R. Civ. P. 26(b)(2)(C)). Under applicable legal principles, the scope of the Subpoenas should be modified. 20. The High Schools do not dispute that the Debtors received Court

authorization to obtain discovery from the High Schools as part of the Rule 2004 motion. However, the High Schools did not receive notice of that motion, and all objections to the scope of the Subpoenas should remain preserved. Put differently, while the High Schools recognize that this Court granted the Debtors the right to seek discovery from the High Schools, the consequences to the High Schools of being forced to comply with the Subpoenas have not previously been addressed by the Court. 21. The High Schools fundamental objection to the scope of the Subpoenas is As described above,

based on the harm that the Subpoenas is likely to inflict on them.

indiscriminate mailings to every single alumnus of the High Schools may significantly and negatively impair the relationship between the High Schools and their alumni, who are a vital link to the past, present and future of these institutions. That, in turn, would make it harder for the High Schools to accomplish their vital educational, charitable and spiritual missions. Thus, the scope of the Subpoenas should be as limited as possible. B. THE SUBPOENAS SHOULD BE FIRST LIMITED TO YEARS IN WHICH THE APPLICABLE STATUTE OF LIMITATIONS HAS NOT EXPIRED. 22. To limit the potential harm caused to the High Schools, as an initial

matter, no High School should be forced to produce alumni information for years in which the statute of limitations for a cause of action against the Debtors has run. As far as the individual High Schools are aware, the vast, overwhelming number of sexual abuse allegations against the Debtors are based on events that allegedly took place many years ago and, in some cases, several

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 10 of 14

Main Document

decades ago. The High Schools are located in six states that have varying statutes of limitations for sexual abuse causes of actions. Certain of these states clearly and unequivocally bar any cause of action that accrued prior to the years for which the Debtors are seeking information from the High Schools. Accordingly, it would be unjust to the High Schools and an inefficient use of the already limited resources of the Debtors estates to seek information regarding these potential claims when that information will not result in valid claims against the Debtors. 23. For example, Michigan's general statute of limitations for sexual abuse

causes of action expires two years after the cause of action accrued. In cases where a victim was under the age of 18 at the time the wrongful conduct allegedly occurred, MCL 600.6851(1) applies and provides that the victim has until his or her 19th birthday to bring the cause of actions. MCL 600.6851(1) reads as follows: 600.5851 Disabilities of infancy or insanity; tacking of successive disabilities prohibited; year of grace; removing disability of infancy; claim alleging medical malpractice accruing to person 8 years old or less or 13 years old or less; disability of imprisonment; release from imprisonment defined. Sec. 5851. (1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852. MCL 600.6851(1) (emphasis added). 24. Accordingly, in Michigan, any civil action involving sexual abuse against

a minor must be brought by the victim either prior to his or her nineteenth birthday, or within two years of the date the alleged abuse occurred. Thus, the Subpoena served on Brother Rice

10

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 11 of 14

Main Document

High School, located in Bloomfield Hills, Michigan, attached to this Motion as Exhibit B, which calls for the production of alumni directories dating back to 1960, seeks information that would not lead to the discovery of viable claims against the Debtors unless claims occurred in the past few years. 25. As explained in the footnote below, several of the other High Schools are

located in states that have similar statutes of limitations.2 In order to minimize the prejudice to the High Schools that will result from mailings to their alumni community, the High Schools ask this Court to limit the scope of each Subpoena so that the High Schools are not required to produce information for years from which claims would be time-barred. C. THE SUBPOENAS SHOULD BE FURTHER LIMITED SUCH THAT THE HIGH SCHOOLS SHOULD ONLY BE REQUIRED TO PRODUCE ALUMNI INFORMATION FOR YEARS IN WHICH THE DEBTORS BELIEVE A POTENTIAL PERPETRATOR WAS ASSIGNED TO A HIGH SCHOOL. 26. In addition to limiting the scope of the Subpoenas to a time period for

which the applicable statute of limitations for each High School has not already elapsed, the High Schools should only be required to produce alumni information within the applicable timeframe for particular years in which the Debtors can demonstrate a basis for believing that a

In Massachusetts, MGL Ch. 260 Section 4C provides that the applicable statute of limitations for alleged sexual abuse of a minor is three years after the victim reaches eighteen years of age. New Yorks CPLR 208 and 214[5] also provide that there is a three year statute of limitations that is tolled until the victim reaches the age of eighteen, and the High Schools do not believe that there are any other extensions that would apply in these circumstances. In Illinois, 735 ILCS 5/13-202.2 sets the applicable statute of limitations at either (a) twenty years from the date the victim reaches 18, or (b) 20 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. Illinois amended its law in July of 2011, giving alleged victims twenty years after the age of maturity to bring their claim instead of the original ten years. Consistent with Illinois state precedent, the High Schools do not believe that this change to the applicable statute of limitations is retroactive. Finally, section 340.1 of Californias Code of Civil Procedure provides that a civil claim of sexual abuse of a minor must be made, at the latest, by the victims twenty-sixth birthday.

11

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 12 of 14

Main Document

potential perpetrator who was employed by the Debtors was assigned to a High School. This limitation fairly balances the Debtors need to seek out and provide notice to people who could be potential claimants with the High Schools legitimate interest in avoiding harm to, and preserving their relationship with, their respective alumni. Without any basis by the Debtors for believing that a potential perpetrator was at a High School, there is no reason for all alumni at that High School to receive a mailing that might lead people to conclude that his or her alma mater was in any way connected to wrongdoing. D. PRODUCTION OF MATERIALS SHOULD BE CONDITIONED ON AN APPROPRIATE CONFIDENTIALITY ORDER. 27. Finally, the High Schools are legitimately concerned that any information

they produce receive appropriate protection. Alumni directories may contain important personal information (such as marital status or the identity of children) that the High Schools should be permitted to redact. Moreover, any information produced by the High Schools in response to the Subpoenas should be used exclusively for the Debtors to provide notice of a court approved bar date and not for any other purpose. Accordingly, the High Schools ask that the production of any alumni directories be conditioned on a confidentiality order that provides, among other things that: only the Debtors and their professionals may review information produced by a High School in response to the Subpoenas; and such information can only be used for purposes of mailing notice of a bar date order and for no other purpose in this proceeding or any other proceedings. 28. Such an agreement will not hinder the administration of the Debtors

chapter 11 cases and will ensure the reasonable protection and dissemination of any information produced by the High Schools.

12

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 13 of 14

Main Document

NOTICE 29. Notice of this motion has been provided to (i) the Debtors, (ii) the Official

Committee of Unsecured Creditors, and (iii) the Office of the United States Trustee for the Southern District of New York (collectively, the Notice Parties). All responses to this motion must be served on the Notice Parties and counsel to the High Schools no later than January 18, 2012 at 5:00 p.m. (EST).

13

11-22820-rdd

Doc 204

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 14 of 14

Main Document

CONCLUSION 30. In order to protect the rights and interests of the High Schools and

appropriately balance the needs of the parties in interest, the High Schools respectfully request that this Court (i) enter an order, substantially in the form attached to this Motion as Exhibit C, modifying the Subpoenas consistent with the principles articulated in this Motion, and (ii) grant such other relief as the Court deems appropriate. Dated: January 9, 2012 New York, New York CADWALADER, WICKERSHAM & TAFT LLP /s/ Joshua Weiss Peter Friedman, Esq. (pro hac vice pending) 700 Sixth Street, N.W. Washington, D.C. 20001 Telephone: (202) 862-2200 Facsimile: (202) 862-2400 Email: [email protected] Joshua R. Weiss, Esq. Matthew J. Oliver, Esq. One World Financial Center New York, New York 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 Attorneys for Brother Rice High School (Bloomfield Hills, Michigan), Bergen Catholic High School, Brother Rice High School (Chicago, Illinois), Bishop Kearney High School, Iona Preparatory High School, Palma School, Catholic Memorial School, and St. Laurence High School

11-22820-rdd

Doc 204-1

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 1 of 3

Exhibit A

Exhibit A

11-22820-rdd

Doc 204-1

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 2 of 3

Exhibit A

11-22820-rdd

Doc 204-1

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 3 of 3

Exhibit A

11-22820-rdd

Doc 204-2

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 1 of 5

Exhibit B

Exhibit B

11-22820-rdd

Doc 204-2

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 2 of 5

Exhibit B

11-22820-rdd

Doc 204-2

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 3 of 5

Exhibit B

11-22820-rdd

Doc 204-2

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 4 of 5

Exhibit B

11-22820-rdd

Doc 204-2

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 5 of 5

Exhibit B

11-22820-rdd

Doc 204-3

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 1 of 3

Exhibit C

Exhibit C Proposed Order

11-22820-rdd

Doc 204-3

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 2 of 3

Exhibit C

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------------x : : In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al. : : : : Debtors. : ---------------------------------------------------------------------------x

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

ORDER MODIFYING THE DEBTORS SUBPOENAS ISSUED PURSUANT TO FED. R. BANKR. P. 2004 Upon consideration of the motion (the Motion),1 dated January 9, 2012, of the High Schools for an order (i) modifying the Subpoenas consistent with principles articulated in the Motion, and (ii) granting such other relief as the Court deems appropriate, all as more fully described in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 157 and 1334; and the Court, having considered the pleadings and documents filed by the parties, and the evidence and arguments presented before the Court at the hearing on the Motion; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the Motion is granted as set forth herein, and it is further ORDERED that the Subpoenas are limited to the extent that each High School must provide the requested information only for years that are reasonably likely to yield claims against the Debtors that are not time-barred by the applicable state statute of limitations, and it is further

Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.

11-22820-rdd

Doc 204-3

Filed 01/09/12 Entered 01/09/12 23:44:51 Pg 3 of 3

Exhibit C

ORDERED that the Subpoenas are limited to the extent that each High School must provide the requested information only for years that the Debtors are able to show that they have a reasonable basis to believe that an abusive employee of the Debtors was present at that particular High School, and it is further ORDERED that any production pursuant to the Subpoenas is to be conditioned on a confidentiality order providing, among other things, that (i) only the Debtors and their professionals may review information produced by a High School in response to the Subpoenas, and (ii) such information can only be used for purposes of mailing notice of a bar date order and for no other purpose in this proceeding or any other proceedings, and it is further ORDERED that this Court shall retain jurisdiction with respect to any matters, claims, rights or disputes arising from or related to the implementation of this Order. Dated: New York, New York _______________, 2012 ______________________________________ THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE

11-22820-rdd

Doc 204-4

Filed 01/09/12 Entered 01/09/12 23:44:51 Motion Pg 1 of 2

Notice of

Hearing Date and Time: January 23, 2012 at 10:00 a.m. (EST) Response Deadline: January 18, 2012 at 5:00 p.m. (EST)

CADWALADER, WICKERSHAM & TAFT LLP Peter Friedman, Esq. (admission pro hac vice pending) 700 6th Street, NW Washington, DC 20001 Telephone: (202) 862-2200 Facsimile: (202) 862-2400 -andJoshua Weiss, Esq. Matthew J. Oliver, Esq. One World Financial Center New York, New York 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 Attorneys for Brother Rice High School (Bloomfield Hills, Michigan), Bergen Catholic High School, Brother Rice High School (Chicago, Illinois), Bishop Kearney High School, Iona Preparatory High School, Palma School, Catholic Memorial School, and St. Laurence High School UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------x : In re: : : The Christian Brothers' Institute, et al., : : : Debtors. : -----------------------------------------------------------------x

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

NOTICE OF MOTION OF CERTAIN HIGH SCHOOLS TO MODIFY THE SCOPE OF DEBTORS SUBPOENAS ISSUED PURSUANT TO FED. R. BANKR. P. 2004

Brother Rice High School (Bloomfield Hills, Michigan), Bergen Catholic High School, Brother Rice High School (Chicago, Illinois), Bishop Kearney High School, Iona Preparatory High School, Palma School, Catholic Memorial School, and St. Laurence High

11-22820-rdd

Doc 204-4

Filed 01/09/12 Entered 01/09/12 23:44:51 Motion Pg 2 of 2

Notice of

School (collectively, the High Schools), move to modify the subpoenas served upon the High Schools by the Debtors pursuant to Federal Rule of Bankruptcy Procedure 2004. The motion to modify the scope of Debtors subpoenas is made on the grounds that the subpoenas are overly broad and invasive to the High Schools. Dated: January 9, 2012 New York, New York CADWALADER, WICKERSHAM & TAFT LLP _/s/ Joshua Weiss Peter Friedman, Esq. (admission pro hac vice pending) 700 6th Street, NW Washington, DC 20001 Telephone: (202) 862-2200 Facsimile: (202) 862-2400 [email protected] -andJoshua Weiss, Esq. Matthew J. Oliver, Esq. One World Financial Center New York, New York 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 [email protected] Attorneys for Brother Rice High School (Bloomfield Hills, Michigan), Bergen Catholic High School, Brother Rice High School (Chicago, Illinois), Bishop Kearney High School, Iona Preparatory High School, Palma School, Catholic Memorial School, and St. Laurence High School