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Presentment Date if No Objection: October 17, 2012 at 10:00 a.m. Hearing Date if Objection Filed: October 17, 2012 at 10:00 a.m. Objection Date: October 10, 2012 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 Seattle, Washington 98121 (206) 462-6700 Michael A. Patterson, Esq., NYSBA Reg. No. 3615283 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., : : Debtors. : :

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

AMENDED MOTION FOR 2004 EXAMINATIONS AND SUBPOENAS TO DEBTORS AND ENTITIES AFFILIATED WITH DEBTORS The Corporation of the Catholic Archbishop of Seattle (the Archdiocese), partyin-interest, by and through its counsel, Patterson Buchanan Fobes & Leitch, Inc., P.S., hereby moves this Court for entry of an order, pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure, authorizing the examination of the Christian Brothers Institute (CBI) and Christian Brothers of Ireland, Inc. (CBOI and, collectively with CBI, the Debtors) and other Christian Brothers entities (the Motion). In support of its Motion, the Archdiocese respectfully states as follows: PRELIMINARY STATEMENT The Court established August 1, 2012 (the Sexual Abuse Claims Bar Date) as the deadline for parties to file sexual abuse proofs of claim against the Debtors. To date, claimants (Sexual Abuse Claimants) likely have filed sexual abuse proofs of claim
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(Sexual Abuse Claims) against the Debtors based on alleged abuse that occurred in various schools and other institutions across the country. Some of these claimants are likely individuals who have already filed lawsuits against the Seattle Archdiocese and other Christian Brothers entities for the same alleged conduct described in the Sexual Abuse Claims. Information on the relationship between the various Christian Brothers entities (the Information) that are named as defendants in these other lawsuits, is or may be critical to successful funding and approval of the Debtors reorganization plan. Through this Motion, the Archdiocese seeks entry of an order, pursuant to Bankruptcy Rule 2004 authorizing the issuance of subpoenas to the Debtors and entities that may be closely affiliated with the Debtors and have information concerning assets that more appropriately belong in the bankruptcy estate. RELEVANT FACTS On April 28, 2011 (the Petition Date), each of the Debtors commenced their Chapter 11 cases (the Cases) by filing a voluntary petition for relief under Chapter 11 of Title 11, United States Code (the Code). Pursuant to 1107(a) and 1108 of the Bankruptcy Code, the Debtors continue to operate as debtors in possession. CBI alleges that it is a domestic not-for-profit 501(c)(3) corporation organized under 102(a)(5) of the New York Not-for-Profit Corporation Law. CBOI alleges that it is a domestic not-for-profit 501(c)(3) corporation organized under the Not-for-Profit Corporation Law of the State of Illinois. The Debtors allege that they were formed, for the purposes of, among other things, establishing, conducting and supporting Catholic elementary schools. The Debtors state that their immediate need for relief before this court stems from the fact that the [Debtors] have been named in numerous sexual abuse

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lawsuits which are alleged to have occurred between approximately 30 to 50 years ago primarily in Washington State and St. Johns Newfoundland, Canada. Affidavit of Brother Kevin Griffith dated April 28, 2011, Main Case (No. 11-22820-RDD) Docket No. 2 at 5. On May 2, 2011, the Court entered an order consolidating the Debtors Cases for administrative purposes only. Main Case Docket No. 8. No trustee or examiner has been appointed in the Cases. On February 10, 2012, the Court entered an order that, among things, established August 1, 2012 as the Sexual Abuse Claims Bar Date. Main Case Docket No. 244. Since that date, the Archdiocese believes individuals have filed Sexual Abuse Claims against the Debtors. On April 27, 2012, the Archdiocese filed an adversary case in order to determine the extent to which the various Christian Brothers entities are related to each other and may be successor or predecessor entities of the Debtors. Adversary Case (12-08236RDD) Docket No. 1. Both the Christian Brothers Institute of Michigan (CBIM) and the Christian Brothers Institute of California (CBICA) moved to dismiss the Complaint for substantive consolidation. Adversary Case Docket Nos. 22, 31. On August 6, 2012, the Court granted CBIMs and CBICAs motions, however, encouraged the Archdiocese to conduct 2004 examinations. Main Case Docket No. 407. The Court further granted the Archdiocese leave to amend the Complaint if information from the 2004 examinations indicated CBIM , CBICA, or other entities should appropriately be defendants in the substantive consolidation action. Id. Both CBIM and CBICA have agreed to provide

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information to the Archdiocese and therefore, the requested 2004 relief as to CBICA and CBIM specifically is not needed at this time. 1 The Archdiocese and the Debtors have attempted informal discovery discussions but have not been able to reach agreement as to the scope of discovery the Archdiocese would like the Debtors to provide directly. Therefore, the Archdiocese files this amended Motion to obtain this needed discovery. JURISDICTION This Court has subject matter jurisdiction to consider this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. The legal predicate for the relief sought herein is found in Bankruptcy Rule 2004. RELIEF REQUESTED The Archdiocese respectfully requests entry of an order pursuant to Bankruptcy Rule 2004 authorizing the Archdiocese to (a) issue subpoenas that direct production of documents of any party, substantially in the form annexed hereto as Exhibit A (the Requests), regarding financial, organizational, and personnel information and (b) issue subpoenas for testimony related to the information sought in the Requests. BASIS FOR RELIEF The Archdiocese seeks examinations pursuant to Bankruptcy Rule 2004, which provides that [o]n motion of any party in interest, the court may order the examination of any entity. Bankruptcy Rule 2004(a). Bankruptcy Rule 2004 is primarily used to reveal the nature, extent, and location of the assets of the debtor and third parties
Pursuant to agreement with CBIM and CBICA. The Archdiocese specifically reserves its right to seek 2004 examinations and/or documents from CBIM and CBICA at a later date if necessary.
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affiliated with the debtor. In re Wilcher, 56 B.R. 428 (Bankr. N.D. IL 1985); see also In re Lufkin, 255 B.R. 204, 208 (Bankr. E.D. Tenn. 2000) (purpose of Rule 2004 is to determine the condition, extent, and location of the debtors estate in order to maximize distribution to unsecured creditors). A party in interest may seek both documents and oral discovery related to acts, conduct, or property of the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtors estate, or to the debtors right to a discharge. Bankruptcy Rule 2004(b). The attendance of an entity for examination and the production of documents ... may be compelled in the manner provided in Rule 9016 for the attendance of witnesses at a hearing or trial. In turn, Bankruptcy Rule 9016 makes Rule 45 of the Federal Rules of Civil Procedure (governing subpoenas) applicable in cases under the Bankruptcy Code. Bankruptcy Rule 9016. The scope of a Bankruptcy Rule 2004 examination is broader than that of discovery under the Civil Rules. In re Ecam Publications, Inc., 131 B.R. 556, 559 (Bankr. S.D.N.Y. 1991); see also In re Drexel Burnham Lambert Group, Inc., 123 B.R. 702, 711 (Bankr. S.D.N.Y. 1991) (Rule 2004 discovery is broader than discovery under the Federal Rules of Civil Procedure.). Furthermore, courts have recognized that Bankruptcy Rule 2004 examinations may be broad and can legitimately be in the nature of a fishing expedition. Dynamic Fin. Corp. v. Kipperman (In re N. Plaza, LLC), 395 F.R. 113, 122 (U.S.D.C. S.D. CA, 2008); In re Lufkin, 255 B.R. 204 (2004 may be used to search for assets that have been intentionally or unintentionally concealed).

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The decision whether to authorize the requested discovery rests within the sound discretion of the bankruptcy court. See In re Thomases, 32 B.R. 678 (Bankr. S.D. NY, 1983) (analyzing Rule 2004 under former Bankruptcy Rule 205(a)). Courts authorize discovery under Bankruptcy Rule 2004 to assist in recovering assets for the benefit of a debtors unsecured creditors. See In re Lufkin, 255 B.R. 204, 208. In addition, Section 105(a) of the Bankruptcy Code authorizes the Court to issue any order... that is necessary or appropriate to carry out provisions of this title. The Archdioceses requested relief is within the scope of Bankruptcy Rule 2004, which allows such examinations by any party-in-interest. The relief in this Motion will enable the Archdiocese and ultimately, the Court - to determine the extent to which other entities are affiliated with the Debtors. Many claims of sexual abuse are over 50 years old, and during this time frame, the Debtors may have merged and split with other Christian Brothers entities. Some or all Christian Brother entities may be predecessor or successor organizations of the Debtors. Information on the relationship between the Debtors and other entities including information from the organizational documents, bylaws, financial affairs, insurance policies, personnel, and Board minutes is needed in order for the Court to determine if these entities should be substantively consolidated with the Debtors, or if other entities have information concerning assets that should be included in the bankruptcy estate. The Debtors have already provided some responsive documents to the Committee of Unsecured Creditors to which the Archdiocese has electronic viewing access. As set out in the proposed order (Exhibit B), the Archdiocese is not requesting the Debtors reproduce those documents that may be responsive to the attached requests (Exhibit A).

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The Archdiocese is merely seeking to ensure the Debtors have produced all documents to ultimately aid the Court in definitively determining the relationship between the Debtors and other Christian Brothers entities. The relief in this Motion is or may be essential to a successful funding and reorganization of the Debtors plan. Knowledge of the relationship - or lack of relationship - between other entities to the Debtors is needed for a potential global resolution of the bankruptcy plan. The bankruptcy plan must include the maximum contribution appropriate among the various entities that may be affiliated with the Debtors. The parties and the Court simply cannot be certain of whether all available assets are included in the bankruptcy estate until this issue is definitively resolved after a thorough evaluation of all documents and testimony requested in this Motion. NOTICE Notice of this Motion has been given to (a) Counsel to the Debtors; (b) all parties listed on the matrixes of creditors provided by the Debtors in these Cases; (c) the Official Committee of Unsecured Creditors, and (d) all parties that filed a notice of appearance in these Cases as of the date hereof. In light of the nature of the relief requested herein, the Archdiocese submits that no other or further notice is required. CONCLUSION WHEREFORE, the Archdiocese respectfully requests that this Court: (i) enter an order substantially in the form attached hereto as Exhibit B, granting the relief sought herein; and (ii) grant such other and further relief as the Court may deem proper. \\ \\

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DATED this 3rd day of October, 2012. PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. ____s/ Michael A. Patterson_____________ Michael A. Patterson, NYSBA Reg. No. 3615283 2112 Third Avenue, Suite 500 Seattle, Washington 98121 Telephone: (206) 462-6700 Facsimile: (206) 462-6701 Email: [email protected] Attorneys for the Corporation of the Catholic Archbishop of Seattle Party-In-Interest

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EXHIBIT A

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INSTRUCTIONS You are required to conduct a thorough investigation and produce all Documents (as defined below) in your possession, custody, and control including all Documents in the possession, custody and control of your attorneys, investigators, experts, officers, trustees, members, directors, employees, agents, representatives, and anyone acting on Your behalf. The connectives and/or shall be construed either in the disjunctive or in the conjunctive as may be necessary to bring within the scope of an Interrogatory all answers that might otherwise be construed to be outside its scope. The term he or any masculine, feminine or neuter pronoun means an individual, regardless of sex or entity to whom the interrogatory would apply. The use of the singular form of any word shall include the plural and vice versa. If any document is withheld from production on the ground of the attorney/client privilege or other immunity from discovery, the following information shall be provided with respect to each document: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the author of the document; (e) the recipient(s) of the document; (f) the relationship of the author and the recipient(s) to one another; and (g) the purported privilege or exclusion that applies. Failure to so object in accordance with this instruction shall be deemed a waiver of said privilege unless otherwise provided by law. All documents shall be produced in their entirety (without redaction), together with all attachments, exhibits, cover letters and the like.

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A draft or non-identical copy of a document is a separate document for purposes of these Requests for Production of Documents. These Requests require that you produce all documents that are in your possession, custody or control (wherever they may be located), and right of possession, custody of control. You are required to produce the Documents as they are kept in the usual course of business or your operations, or to organize and label them to correspond with each category in these requests. You are required to produce Electronically Stored Information in searchable form on DVDs or CD-ROMs. For Documents that are currently in paper format: a) Documents must be scanned and produced electronically in single page TIFF format with corresponding OPT file, DAT file, as well as OCR or extracted text and .lst file. b) To the extent available, provide Beginning Production Number, Ending Production Number, Folder information, custodian information and family information. For Documents that contain Electronically Stored Information, the following guidelines are to apply: a) Single page, Group IV TIFFs with links to native files (for Excel or similar spread sheet or accounting files, at a minimum) with corresponding OPT file, DAT file, as well as OCR or extracted text and .1st file.

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b) c) d)

Maintain family integrity. Perform custodian-level reduplication. Concordance standard delimited DAT load file with the following metadata fields: Beginning Production Number, Ending Production Number, Beginning Attachment Number, End Attachment Number, Family ID, Page Count, Custodian, Original Location Path, Email Folder Path, Document Type, Doc Author, Doc Last Author, Comments, Categories, Revisions, File Name, File Size, MD5 Hash, Date Last Modified, Time Last Modified, Date Created, Time Created, Date Last Accessed, Time Last Accessed, Date Sent, Time Sent, Date Received, Time Received, To, From, CC, BCC, Email Subject, Path to Native, Path to Full Text, Original Time Zone.

e)

OCR or extracted text for all ESI: (a) Separate .txt files corresponding to beginning production number of each document; (b) Separate .1st file for full text.

f)

Process all data in GMT and provide a metadata field indicating original time zone. DEFINITIONS

Unless otherwise stated, the following definitions shall apply to these Requests: Archdiocese means and refers to the Corporation of the Catholic Archbishop of Seattle; and Each of its predecessors and successors in interest; and Each of its affiliates; and Each of its present and former officers, directors, trustees, members, communities,

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attorneys, agents, servants, employees, representatives, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Bankruptcy Cases means and refers to the chapter 11 cases (and related adversary cases) of CBI and Christian Brothers of Ireland, Inc. currently pending in the United States Bankruptcy Court for the Southern District of New York under the jointly administered cases captioned as In re The Christian Brothers Institute, et al., Case No. 11-22820 (RDD). Bankruptcy Code means and refers to 11 U.S.C. 101 et seq. (as amended). CBI means and refers to The Christian Brothers Institute, a debtor in the Bankruptcy Cases; and Each of its predecessors and successors in interest; and Each of its affiliates; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Upon information and belief, the term CBI refers to both the secular legal entity and the juridic person or religious entity. CBICA means and refers to The Christian Brothers Institute of California and Each of its predecessors and successors in interest; and Each of its affiliates; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. CBIM means and refers to The Christian Brothers Institute of Michigan and Each of its predecessors and successors in interest; and Each of its affiliates; and Each of

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its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. CBOI means and refers to The Christian Brothers of Ireland, Inc., a debtor in the Bankruptcy Cases; and Each of its affiliates; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Upon information and belief, the term CBOI refers to both the secular legal entity and the juridic person or religious entity. Communications means and includes all oral and written communications of any nature, type or kind including, but not limited to, any Documents, telephone conversations, discussions, meetings, facsimiles, e-mails, pagers, memoranda, and any other medium through which any information is conveyed or transmitted. Concerning means and includes relating to, constituting, defining, evidencing, mentioning, containing, describing, discussing, embodying, reflecting, edifying, analyzing, stating, referring to, dealing with, or in any way pertaining to. Congregation means and refers to the Congregation of Christian Brothers, or Christian Brothers of Ireland, or Edmund Rice Christian Brothers, or Irish Christian Brothers, or Congregatio Fratrum Christianorum; or Congregation of the Brothers of the Christian Schools of Ireland; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities,

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attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Document is used herein in the broadest possible sense as specified in and interpreted under Rule 34 of the Federal Rules of Civil Procedure, and includes, without limitation, all originals and copies, duplicates, drafts, and recordings of any written, graphic or otherwise recorded matter, however produced, reproduced, or stored, and all writings as defined in Rule 1001 of the Federal Rules of Evidence, and all other tangible things by which human communication is transmitted or stored, meaning any kind of printed, recorded, graphic, or photographic matter, however printed, produced, reproduced, copies, reproductions, facsimiles, drafts and both sides thereof, including without limitation any kind of written, typewritten, graphic, photographic, printed, taped or recorded material whatsoever, regardless whether the same is an original, a copy, a reproduction, a facsimile, telex or telefax, and regardless of the source or author thereof, including without limitation, any writing filed for reporting or other purposes with any state, federal or local agency; notes; memoranda, including but not limited to memoranda of telephone conversations; letters; audited financial statements; unaudited financial statements; financial ledgers; intra-office or inter-office communications; circulars; bulletins; manuals; results of investigations; progress reports; study made by or for business or personal use; financial reports and data of any kind; working papers; contracts; agreements; affidavits; declarations; statements; bills; books of accounts; vouchers; transcriptions of conversations or tape recordings; desk calendars; bank checks; purchase orders; invoices; charge slips; receipts; expense accounts; statistical records; cost sheets; journals; diaries; time sheets or logs; computer

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data; job or transaction files; appointment books; books, records, and copies; electronic mail messages; extracts and summaries of other documents; drafts of any of the above, whether used or not; and any other writing or recording; computer and other business machine printouts, programs, listings, projections, as well as any carbon or photographic or copies, reproductions or facsimiles thereof and all copies which differ in any way from the original, including without limitation, all forms of electronic media, data, data storage and other forms of electronic or computer-stored or computergenerated communications, data, or representations. This includes, but is not limited to, such material in the form of Electronically Stored Information: that is, any data present in memory or on magnetic or optical storage media as an active file or files (readily readable by one or more computer applications or forensics software), saved in an archive, present as deleted but recoverable electronic files in memory or on any media, and, present in any electronic file fragments (files that have been deleted and partially overwritten with new data) from files containing such material. Where any otherwise duplicate document contains any marking not appearing on the original or is altered from the original, then such item shall be considered to be a separate original document. Any Document that contains any comment, notation, addition, insertion or marking of any type or kind which is not part of another Document, is to be considered a separate Document. Each shall mean each and every. Electronically Stored Information or ESI means, without limitation, all information contained on any computing device owned, maintained, or otherwise controlled by You, including, but not limited to, mainframe, desktop, laptop, tablet, or

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palmtop computers, network servers, telephone voicemail servers, employees employerprovided home computers, and the personal digital assistants (PDAs), digital cell phones, telephone answering machines, pagers, or other information-storing electronic devices of You and Your employees, or on associated external storage media, backup tapes, and other archival copies of same. Unless otherwise specified, documents, reports, and other Electronically Stored Information created using any version of Microsoft Word, Outlook, Powerpoint, Excel, Visio, or Access, Word Perfect, Oracle, or any other Microsoft, Adobe, Corel or other currently available off-the-shelf application shall be produced in native form; that is, the form in which the document is currently stored on whatever media it currently resides. The document should not be locked, resaved, restructures, scrubbed of unapparent or hidden content or any other data or metadata, but rather should be produced in a copy precisely reproducing its entire state as present in Your systems. Unless otherwise specified, electronic mail (e-mail) should be produced in native form; that is, in whatever database and/or file/directory structures are used by Your mail processing software. All metadata and other unapparent or hidden data related to mail messages shall be produced, including, but not limited to, any file attachments, message priority flags, message read/access timestamps, and, in the case of e-mail sent to distribution lists, information on the membership of such lists at the time the e-mail was sent. Financial means and refers to payments to and from the organization (You), payroll records for employees, assets and liabilities, ledgers, cancelled checks, and other similar records.

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Insurance Policy means and refers to any liability, comprehensive general liability, commercial general liability, errors and omissions, directors and officers liability, umbrella and excess liability insurance policy, as well as any other insurance policy that provides, in whole or in part, insurance coverage for any tort claims. NAP means and refers to Edmund Rice Christian Brothers North American Province, including any prior entity(ies) or geographic division(s) through which the Congregation operated in North America, including without limitation (i) Congregation of Christian Brothers-North American Province; (ii) Congregation of Christian Brothers-Western American Province; (iii) Congregation of Christian Brothers-Eastern American Province; (iv) Congregation of Christian Brothers-Canada; (v) Congregation of Christian Brothers-Western Province; (vi) Congregation of Christian BrothersEastern Province; (vii) Congregation of Christian Brothers-American Province; and Each of its predecessors and successors in interest; and Each of its present and former officers, directors, trustees, members, communities, attorneys, agents, servants, employees, representatives, brothers, councils, committees, and any other Person acting on its behalf or otherwise subject to its control. Person means and includes individuals and entities, civil or canonical, including, but not limited to, communities, houses, ministries, regions, funds, missions, or apostolic institutions, for profit and not for profit corporations, partnerships, unincorporated associations, limited liability companies, trusts, firms, cooperatives, fictitious business names, educational institutions, governmental agencies whether local, state, or federal, and any and all of their agents, representatives, employees,

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predecessors, and/or any other Person acting on its/their behalf or subject to its/their control. Relating to means pertinent, relevant, material to, consisting of, summarizing, describing, concerning, evidencing or referring in any way to the subject matter of the inquiry. You, Your, and Yours means and refers to the [Name of Specific Organization]. REQUESTS FOR PRODUCTION Organizational and Financial Documents All Documents relating to the creation and operation of You, including, but not limited to, bylaws, articles of incorporation, and any amendments or supplements thereto. All Documents listing the names, addresses, and contact information of Board members between 1935 and 2012. All Documents concerning the election or selection of Your leadership and/or officers. All Documents concerning the powers and duties of Your leadership and/or officers. All Documents related to financial transfers or a financial relationship of any kind between You and CBI, NAP, CBIM, CBICA, and/or the Congregation. All Documents that memorialize any correspondence or communications between You and the Archdiocese of Seattle. \\ \\

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Personnel Documents All Documents related to transfers of individual employees or Christian Brothers to or from the states of California, Michigan, Illinois, New York or Washington between 1935 and 2012. All Documents that mention or relate to Briscoe Memorial School - including meeting minutes between 1935 and 2012. All Documents that mention or relate to ODea High School - including meeting minutes between 1935 and 2012. All Documents concerning the ultimate sources of funding or payment for individuals employed by You. Documents Related to CBI All Documents that indicate or claim that CBI is a named insured, an additional insured or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of CBI is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related to or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against CBI (regardless of whether it is also against You). All Documents related to or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012, for the purchase of insurance on behalf of CBI.

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Exhibit A

All Documents concerning the sale of any property owned by CBI to any Person. All Documents concerning communications between and among You and any Person (including the Congregation, CBICA, CBIM, and/or NAP) regarding the sale of any property owned by CBI. Documents Related to CBOI All Documents that indicate or claim that CBOI is a named insured, an additional insured or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of CBOI is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related to or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against CBOI (regardless of whether it is also against You). All Documents related to or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012, for the purchase of insurance on behalf of CBOI. All Documents concerning the sale of any property owned by CBOI to any Person. All Documents concerning communications between and among You and any Person (including the Congregation, CBICA, CBIM, and/or NAP) regarding the sale of any property owned by CBOI.

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Documents Related to the Congregation All Documents that indicate or claim that the Congregation is a named insured, an additional insured, or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of the Congregation is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against the Congregation (regardless of whether it is also against You). All Documents related or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012, for the purchase of insurance on behalf of the Congregation. Documents Related to CBICA All Documents that indicate or claim that CBICA is a named insured, an additional insured, or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of CBICA is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against CBICA (regardless of whether it is also against You).

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All Documents related or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012 for the purchase of insurance on behalf of CBICA. Documents Related to CBIM All Documents that indicate or claim that CBIM is a named insured, an additional insured, or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of CBIM is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against CBIM (regardless of whether it is also against You). All Documents related or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012 for the purchase of insurance on behalf of CBIM. Documents Related to NAP All Documents that indicate or claim that NAP is a named insured, an additional insured, or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of NAP is insured under any Insurance Policy issued to or paid for by You between 1935 and 2012.

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Exhibit A

All Documents related or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against NAP (regardless of whether it is also against You). All Documents related or evidencing any payment made to You between 1935 and 2012 for the purchase of insurance on behalf of NAP. Documents Related to Schools Owned or Operated by You All Documents related to the formation or creation of any school or educational institution owned or operated by You between 1935 and 2012. All Documents relating to the operation of any school or educational institution owned or operated by You between 1935 and 2012, including, but not limited to, bylaws, articles of incorporation, and any amendments or supplements thereto. All Documents listing the names, addresses, and contact information of Board members of any school or educational institution owned or operated by You between 1935 and 2012. All Documents concerning the election or selection the leadership, administrators and/or officers of any school or educational institution owned or operated by You between 1935 and 2012. All Documents concerning the powers and duties of the leadership, administrators and/or officers of any school or educational institution owned or operated by You between 1935 and 2012. All Documents related to financial transfers or a financial relationship of any kind between any school or educational institution owned or operated by You and CBI, NAP, CBIM, CBICA, and/or the Congregation between 1935 and 2012.

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Exhibit A

All Documents related to the financial ownership or operation of any school or educational institution owned or operated by You between 1935 and 2012. All financial Documents relating to the ownership or operation of any school or educational institution owned or operated by You between 1935 and 2012. All Documents that indicate or claim that any school or educational institution owned or operated by You is a named insured, an additional insured, or is otherwise insured under any Insurance Policy issued to or paid for by You between 1935 and 2012. All Documents that indicate or claim that any employee of any school or educational institution owned or operated by You is insured under any workers compensation insurance policy issued to or paid for by You between 1935 and 2012. All Documents related to or constituting any Communications sent or received between 1935 and 2012 related to any claim or lawsuit of any kind against any school or educational institution owned or operated by You (regardless of whether it is also against You). All Documents related to or evidencing any payment made to You, or to anyone acting on Your behalf, between 1935 and 2012, for the purchase of insurance on behalf of any school or educational institution owned or operated by You.

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Exhibit B

EXHIBIT B

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Exhibit B

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

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

AMENDED ORDER AUTHORIZING THE SEATTLE ARCHDIOCESE TO OBTAIN TESTIMONY AND DOCUMENTS PURSUANT TO BANKRUPTCY RULE 2004 This matter coming before the Court on the Motion of the Corporation of the Catholic Archbishop of Seattle (the Archdiocese) for entry of an order, pursuant to Bankruptcy Rule 2004 authorizing examinations and subpoenas to Debtors and entities affiliated with the Debtors (the Motion); the Court having reviewed and considered the Motion and accompanying papers; the Court having found that (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and (iii) notice of the Motion as described in the Motion was proper under the circumstances; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and good and sufficient cause appearing therefore, it is hereby ORDERED that: 1. 2. The Motion is GRANTED. The Archdiocese is authorized to seek examinations of the

Debtors and persons and entities affiliated with the Debtors, pursuant to Bankruptcy Rule 2004 as described in the Requests attached as Exhibit A to the Motion.

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Exhibit B

3.

The Archdiocese is authorized issue subpoenas directing

production of information pursuant to Rule 2004 on such persons and/or entities. 4. The Archdiocese is authorized to issue subpoenas on any

person and/or entity that the Archdiocese believes may have information, for oral examination with respect to the subject matter of the information. The Archdiocese may serve subpoenas authorized by this Order by any means authorized by the Bankruptcy Rules. 5. The Archdiocese may issue other discovery requests and

subpoenas as may be necessary to accomplish the discovery authorized by this Order. 6. The Debtors do not need to re-produce any responsive

documents that they have already provided to the Official Committee of Unsecured Creditors and to which the Archdiocese has electronic access through Relativity, e-stet service. 7. This Order does not apply to the Christian Brothers Institute

of California or Christian Brothers Institute of Michigan. 8. Nothing contained herein shall prejudice the Archdioceses

rights under Bankruptcy Rule 2004 and other applicable laws to seek further document productions and written and oral examinations in connection with these Cases. 9. Nothing herein shall prejudice the rights of any party that

receives a subpoena pursuant to this Order, including such partys rights to object to the subpoena or seek entry of an order quashing or limited the scope of the subpoena.

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Exhibit B

10.

The Court shall retain jurisdiction to hear and determine all

matters arising from or related to the implementation of this Order.

Dated: White Plains, New York October __, 2012

THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE ______________________________________