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: : Chapter 11
:
THE CHRISTIAN BROTHERS INSTITUTE, et al., : Case No. 11-22820 (RRD)
:
: (Jointly Administered)
Debtor(s) :
:
:
L.W., T.J., R.T., H.W., and H.V., : Adversary Proceeding
: No. 11-08317 (RRD)
Plaintiffs, :
:
v. :
:
CORPORATION OF THE CATHOLIC ARCHBISHOP :
OF SEATTLE, a sole corporation; CONGREGATION :
OF CHRISTIAN BROTHERS BROTHER RICE :
PROVINCE, EASTERN AMERICAN PROVINCE- :
CONGREGATION OF CHRISTIAN BROTHERS, f/k/a :
CONGREGATION OF CHRISTIAN BROTHERS- :
NORTH AMERICAN PROVINCE; CHRISTIAN :
BROTHERS INSTITUTE, a New York not for profit :
corporation; and CONGREGATION OF CHRISTIAN :
BROTHERS, a worldwide organization, :
:
Defendants. :
:

MOTION FOR APPROVAL AND ENFORCEMENT OF SETTLEMENT AGREEMENT
BETWEEN PLAINTIFFS AND THE ARCHDIOCESE AND DISMISSAL AS TO THE
ARCHDIOCESE ONLY

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The Corporation of the Catholic Archbishop of Seattle (Archdiocese) moves this Court
for Order approving and enforcing a settlement agreement with Plaintiffs T.J. and H.W. and
dismissal as to the Archdiocese only 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 Motion include Sections 105
and 541 of Title 11 of the United States Code (the Bankruptcy Code) and F.R.B.P. 9019.
BACKGROUND
4. The Plaintiffs L.W., T.J., R.T., and H.W. filed this action in the Superior Court of
Washington for King County on June 25, 2009.
1
On September 4, 2009, Plaintiffs filed an
Amended Complaint adding Plaintiff H.V. The Debtor filed a chapter 11 reorganization case on
April 28, 2011. The Debtor removed the Superior Court action to the United States Bankruptcy
Court, District of Western Washington by filing a notice of removal pursuant to 28 U.S.C.
1452 on May 31, 2011. Pursuant to 28 U.S.C. 157(b)(5), Debtor transferred the action from the
District of Western Washington to this Court. Plaintiffs filed a claim in the Reorganization Case
based upon the same facts as the complaint in this action.
5. On September 7, 2010, after discovering Plaintiff H.W.s Chapter 7 bankruptcy
filed on October 30, 2009 in the United State Bankruptcy Court for the Eastern District of
California; an order was entered with the King County Superior Court case substituting the

1
Plaintiff R.T. passed away after the complaint was filed. To date, the estate for Plaintiff R.T. has not taken any
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Chapter 7 Trustee as the real party in interest.
6. On March 16, 2011, mediation took place between the remaining plaintiffs T.J.
and H.W. (the Plaintiffs) and the Defendants in an attempt to reach an agreeable settlement.
Settlement was never reached with all parties and consequently, the Debtor/Defendant filed this
bankruptcy case. The Archdiocese continued its attempts to settle with the remaining plaintiffs
which ended successfully in June 2011. On July 8, 2011 and June 30, 2011, Plaintiffs T.J. and
H.W. signed their respective Settlement Agreement. Copies of the executed Agreements are
attached hereto as Exhibits A and B.
7. Upon receipt of the remaining plaintiffs signed Agreements (the Agreements),
the Archdiocese transmitted checks to the plaintiffs counsel for the agreed upon amount on July
15, 2011 for Plaintiff T.J. and to the Chapter 7 Trustee for Plaintiff H.W. on September 8, 2011.
The Archdiocese did not receive Plaintiff H.W.s signed Agreement until after the U.S.
Bankruptcy Court for the Eastern District of California approved the settlement, which wasnt
until September 1, 2011.
8. The Archdiocese and Christian Brothers have jointly settled cases for the past 10
years where insurance policy proceeds were split to fund those joint settlements.
9. During the mediation in this case, the Archdiocese and Christian Brothers agreed
that they would split indemnity proceeds in the event that the Archdiocese settled individually
with the Plaintiffs where joint settlement was unsuccessful. Such an agreement was
memorialized on April 28, 2011.


action with regard to his claims in this lawsuit and the statutory deadline to file such claims has since passed.
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TERMS OF SETTLEMENT
10. Plaintiffs entered into a settlement with the Archdiocese that resolves any and all
claims by and among Plaintiffs and the Archdiocese relating to any and all disputes and
disagreements among them. See Exhibits A and B. Nothing in the Settlement Agreements
releases the Debtor(s) from any claims made against it by the Plaintiffs.
11. Plaintiffs and the Archdiocese began good faith negotiations culminated in the
Agreements which resolves all claims between the Archdiocese and the Plaintiffs. The principal
terms of the Agreements are summarized as follows:
The Agreement provides that Plaintiff releases and forever discharges with prejudice
all entities related to the Archdiocese from any and all claims to any allegations
brought in the Lawsuit, including, but not limited to:
o All events described in the Lawsuit, or in Plaintiffs depositions or discovery
responses;
o All events, causes, or matters which are in whole or in part the subject of said
Lawsuit, or which are, may be, or could have been stated, claimed, or alleged in
said Lawsuit; and
o All claims for attorney fees or sanctions against the Released Party.
The Archdiocese will pay the sum of $57,500.00 to Thomas E. May, trustee for the
bankruptcy estate of Plaintiff H.W. and $175,000.00 (with an additional counseling
up to $5,000.00) to Plaintiff T.J. as consideration for the release of all claims.
Plaintiffs authorize the dismissal with prejudice of all claims against the Archdiocese
in the Lawsuit, and the filing with the Superior Court of Washington for King County,
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upon execution of the Agreement and receipt of the payment set forth, all necessary
papers, including a Stipulation and Order of Dismissal With Prejudice, required to
effect the dismissal of claims against the Archdiocese in the Lawsuit with prejudice.
The Release is not intended to, and does not have any effect on, Plaintiffs claims or
potential claims against any entities or members of the Christian Brothers, or arising
from Plaintiffs claims or potential claims against the same, such as their insurers or
other entities that may be liable for those claims, such as schools or other
Archdioceses and Diocese, and no provision of the Release shall be construed to
mean otherwise.
LEGAL ARGUMENT
A. Standards For Approval Of Settlement Agreements
Pursuant to 11 U.S.C. 105 and Fed R. Bankr. P. 9019, a bankruptcy court has the
authority to approve settlement agreements in a bankruptcy reorganization case. The bankruptcy
case may approve not only settlements of pending lawsuits, but also settlements of all
controversies that affect the estate. In re Miller, 148 B.R. 510, 517 (Bankr. N.D. Ill. 1992).
Settlements are favored in bankruptcy proceedings. In re A & C Properties, 784 B.R. 1377, 1381
(9
th
Cir. 1986) (the law favors compromise and not litigation for its own sake); In re
Sassalos, 160 B.R. 646, 653 (D. Or. 1993); In re Heldor Industries, Inc., 131 B.R. 578, 583
(Bankr. D.N.J. 1991) (the settlement of time consuming and burdensome litigation is
encouraged, especially in bankruptcy cases.).
Courts in the Second Circuit have set out seven interrelated factors to consider in
approving or disapproving a settlement under Fed. R. Bankr. P. 9019. In re Iridium Operating
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6

LLC, 478 F.3d 452, 462 (2
nd
Cir. 2007); In re WorldCom, Inc., 347 B.R. 123, 137
(Bankr.S.D.N.Y. 2006). The factors are:
(1) the balance between the litigations possibility of success and
the settlements future benefits; (2) the likelihood of complex and
protracted litigation, with its attendant expense, inconvenience,
and delay, including the difficulty in collecting on the judgment;
(3) the paramount interests of the creditors, including each
affected classs relative benefits and the degree to which creditors
either do not object to or affirmatively support the proposed
settlement; (4) whether parties in interest support the settlement;
(5) the competency and experience of counsel supporting, and
[t]he experience and knowledge of the bankruptcy court judge
reviewing, the settlement; (6) the nature and breadth of releases to
be obtained by officers and directors; and (7) the extent to which
the settlement is the product of arms length bargaining.
In re Iridium, 478 F.3d at 462; In re WorldCom, Inc., 347 B.R. 123, 137 (Bankr.S.D.N.Y. 2006);
see also Protective Comm. for Indep. Stockholders of TMT Trailer Ferry, Inc. v. Andersen., 390
U.S. 414, 424, 88 S.Ct. 1157, 20 L.Ed.2d 1 (1968).
Finally, the Agreements, and the settlements therein, do not conflict with any provision of
the Bankruptcy Code or applicable non-bankruptcy law.
B. The Settlement Agreement Should Be Enforced
Plaintiffs have failed to comply with the express terms and conditions of the Settlement
Agreements. Paragraph 9 of the Settlement Agreements provide, in pertinent part:
9. DISMISSAL OF ACTION WITH PREJUDICE: Plaintiff
authorizes the dismissal with prejudice of all claims against the Released
Party in the Lawsuit, and the filing with the Superior Court of Washington
for King County, upon execution of this Release and receipt of the
payment set forth above in Paragraph 3 of this Release, all necessary
papers, including a Stipulation and Order of Dismissal With Prejudice,
required to effect the dismissal of claims against the Released Party in the
Lawsuit with prejudice.
Although the Settlement Agreements provide for dismissal in the state court in which this case
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originated in, agreement to dismissal of action is unambiguous: the Plaintiff authorizes the
dismissal with prejudice of all claims against the Archdiocese and filing of all necessary papers.
Despite being provided with the settlement funds, Plaintiffs have failed to provide their agreed
upon authorization to dismiss these claims.
Accordingly, the Archdiocese respectfully requests this Court order the claims as to the
Archdiocese only, in this adversary proceeding, be dismissed with prejudice and without costs or
attorneys fees to any party by granting the Defendant Archdioceses Motion for Approval and
Enforcement of Settlement Agreement and Dismissal as to the Archdiocese Only.
CONCLUSION
Based on the foregoing, the Defendant Archdiocese has satisfied their payment
obligations under the Settlement Agreements which should be entirely enforced to include
dismissal.
WHEREFORE, Defendant Archdiocese respectfully requests that this Court enter an
order granting the Defendant Archdioceses Motion for Approval and Enforcement of Settlement
Agreement and Dismissal as to the Archdiocese Only and such other and further relief this Court
deems just and proper.




//

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DATED this 11
th
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

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EXHIBIT A
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SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims ("Release") is effective as
of the Date last signed below.
1; DEFINITIONS: The following tel'ms shall have the definitions indicated:
(a) The term "Plaintiff" as used herein shall meall T
(b) . The term "Released Parti' as used shall mean Corporation
of the. Catholic Archbishop of Seattle, a sole corporation, and as defined
hereinafter; and any and all reiated entities; however designated, their officers,
board membei's, representatives, leaders, employees, insurers, agents and assigns,
and any and all .other related individuals, excluding the Congregation of the
Brothers of the Christian Schools of Ireland; Congregation of Christian Brothers;
Congregation of Christian Brothers ofIreiand; Congregation of Christian Brothers
- North American Province alkla Western Pi'ovince; Congregation of Christian
Brothej's - Brother Rice Province, Eastern American Province; Christian Brothers
Institute, a New YOI'k corporation; the Christian Brothers of Ireland, Inc., an
Illinois corporation; , or the successors and predecessors of each (collectively
referred to herein as "the Christian Brothers.").
(c) The term "Defendants" as used herein shi:1l1 mean the Corporation
of the Catholic Archbishop of Seattle, the Congregation of Christian Brothers-
Brother Rice Province, Eastern American Province-Congregation of Chdstian
Brothers, f/k/a Congregation of Christian American Province;
Christian Brothers' Institute and Congregation of Christian Brothers.
Cd) The term "Lawsuit" as used herein shall refer to L.W., T.J., RT.,
H.W. and fI.V. v. Corporation of the Catholic Archbishop of Seattle, et aL, King
County Cause No. 09-2-23995-9 SEA, filed Septembei' 4,2009 ..
(e) The term "Release" as used herein shall mean this document.
2. RELEASE: FOi' and in consideration of the payment set forth below in
Paragraph 3 of this Release, and the other tlPplicable provisions of this Release; the
sufficiency of which is hereby acknowledged; Plaintiff does hereby release and forever
discharge with prejudice all entities, however designated, related to the Released Party of
and from any and all claims, demands, actions, and causes of action, of every kind and
nature, whether known or unknown, which Plaintiff ever had, now has, or may have in
the future arising out of or in any way related to Plaintiff s alleged interaction at any and
all ti111es with Edward Courtney, whether known or unknown, andlor to any alleged
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relationship Plaintiff had with the Released Party, and/or to any or
which could have been brolJght, in the Lawsuit, including, but not limited to:
(a) All dani.ages to Plaintiff relating to or arising OlJt of the
conduct of Edward Courtney or the' hiring, placement, and supervision
thereof, whether known or ui1known; ,
(b) All events described in the Lawsuit, or in Plaintiffs
depositions or discovery responses;
'(c) All events, causes, or matters which are in whole or in part
the subject of said Lawsuit, or which are, may be, or could have been
stated, claimed, or alleged in said Lawsuit; and
(d) All claims for attorney fees or sanctions against' the
Released Party, as set forth more fully in Paragraph 10 and Paragraph 11
herein.
This Release is not intended to, and does not have any effect on, Plaintiffs claims
or potential claims against any entities or members of the Christian Brothers, or arising
from Plaintiffs claims or potential claims against the same, such as their insurers or other
entities that may be liable for those claims, such as schools or other Archdioceses and
Dioceses, and riO provision of this Release shalf be construed to mean otherwise. For
example, the Plaintiff and Released Party disagree as to whether any agency relationship
existed between the Christian Brothers and the Corporation of the Catholic Archbishop of
Seattle, and to the extent any court or authority concludes that an agency relationship
existed, this Release is not intended to release or in any way compromise Plaintiff s
claims agairist the Christian Brothers. Similarly, to the extent insurance coverage exists
or n1ay exist for Plaintiff s claims against the Christian Brothers, this settlement and
release is not intended to, release the insurers from liability for those claims or ,to liinit
their liability in any way 'as they pertain to the Christian Brothers' interest in said
policies as related to this Plaintiff. to the extent other schools, other
Archdioceses or other Dioceses may be liable for the sexual abuse that Plaintiff suffered,
this settlement and release is not intended to have any effect on claims that Plaintiff may
ha:ve against those entities' or claims arising from those claims, such as claims against
insurers.
3. CONSIDERATION TO PLAINTIFF: Plaintiff agrees to accept as full,
complete, and adequate consideration for hIS execution of this Release and release of all
claims against the Released Party the sum of One Hundred, Seventy-Five
Dollars and No Cents ($175,000.00), said sum to be paid by check to the, order of the
trust fund for Plaintiffs attorney. These funds shall not be distributed to Plaintiff until
Plaintiff has ,executed this Release. In addition, the Released Party will pay up to Five
Thousand Dollars and No Cents ($5,000.00) for payment of Plaintiff's outstanding'
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medical bills, upon receipt of proper documentation.
4. NO ASSIGNMENT OR TRANSFER . OF. CLAIMS: Plaintiff
represents and warrants that he has not heretofore assigned or transferred any of the
claims released in this Release, or any pottion thereof or interest therein, to any third
person, and that he has the full, complete, and unrestricted right to release each and all of
the claims and obligations released by him herein. Plaintiff agrees to indemnify, defend,
and hold the Released Party harmless from and for any and all clahns on account of any
such transfer or assignment of any such claims or any portion thereof or interest thei'ein;
including attorney fees and costs for defending such claims.
5. WAIVER OF UNKNOWN CLAIMS: Plaintiff specifically agrees that
this Release extends to all claims and/or o15ligatioris of any kind or nature whatsoever,
whether known or unknown t6 him at this time, that he may have arising out of or related
to any allegation in the Lawsuit, including but not limited to any and all claIms andlor
. obligations which might be cognizable before any arbitrator, federal and/or state agency,
and/or federal and/or state court, and the Plaintiff expressly, knowingly, and voluntarily
waives all such rights under any state or federal statute. or common law principle of
similar effect.
6. KNOWING AND VOLUNTARY CONSENT: The Plaintiff
specifically agrees that his acceptance, agreement, and execution of this Release is made
with full, complete, unrestricted, and informed knowledge and consent after consultation
with his counsel; that this Release covers any and all possible claims and obligations of
any kind 01' nature whatsoever arising out of or related to any alJegation in the Lawsuit;
and that the consideration stated in Paragraph 3 of this Release is all that Plaintiff is ever
to receive from the Released Party in connection with any and all possible claims and
obligations of any kind or nature whatsoever against the Seattle Archdiocese arising o\.\t
of or related to any allegation in the Lawsuit.
7. NATURE OF. CLAIMS: The settlement provided herein represents the
settlement of claims for personal and physical injury within the meaning of 26U.S.C.
Section l04(a)(2). Plaintiff agrees that he will pay any and all taxes and/or other
payments which may be 01' become due on account of the consideration to be received by
him pursuant to Paragraph 3 of this Release, arid that the Released Party is not liable for,
and shall never be liable for, any portion of any such taxes arid/or other payments.
. 8. NO FURTHER CLAIMS: For the consideration described in this
Release; Plaintiff agrees: that he will not file against the Released Party, 01' permit to be
filed on his behfl1f against the Released Party, any claim, grievance, charge, complaint,
lawsuit, legal action, 0"1' other process of any kind arising out of or related to any
allegation brought, 01' which could have been brought, in the Lawsuit or to the conduct of
the Lawsuit. This provision is not intended to include any contribution 01' indemnity
claim that might be brought by the Christian Brothers, or ariy qontribution 01' indemnity
claim that might be brought by the Released Party against the Christian Brothers or
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others.
9. DISMISSAL. OF. ACTION WITH PREJUDICE: Plaintiff authorizes
the dismissal with prejudice of all claims against the Released Party in the Lawsuit, and
the filing with the Superior Court of Washington for King County, upon execution of this
Release and receipt of the payment set forth above in Paragraph 3 of this Release, all
necessary papers, including a Stipulation and Order of Dismissal With Prejudice,
required to effect the dismissal of claims against the Released Party in the Lawsuit with
prejudice.
10. RELEASE OF COSTS AND ATTORNEY'S FEES; Plaintiff shall bear
his own costs, expenses, and attorheys' fees incurred in connection with the Lawsuit and
this Release. Plaintiff unconditionally releases and waives any right to. seek
reimbursement fot; any.such costs, attorneys' fees, oi'expenses from the Released Party,
whether based on statute or otherwise.
11. RELEASE OF MEDICARE LIENS: Plaintiff understands that,
pursuant to the Medicare Secondary Payer Act (42 U.S.C. 1395y) and its accompanying
regulations, and as a condition of the settlement of the subject claim, the Released Party
must consider and protect the interests of Medicare. Plaintiff certifies that atthe time
of the execution of this Settlement Agreement (1) he has not and is not currently
receiving Medicare benefits; (2) he willllot receive Medicare benefits within the next
sixty days, nor is it his intent to seek such benefits at the time of the execution of this
settlement; and (3) that Medicare has not made any conditional payments arising
from or related to injuries stemming from the facts at issue in tbis lawsuit. T h i ~
certification is supported by an executed Medicare compliance form, which the Released
Party may reasonably rely upon in not reporting this settlement within the meaning of
Section lllof the Medicare Medicaid SCHIPS Extension Act of 2007 (42 U.S.C.
13 95y(b )(8)).
Plaintifrs Counsel certifies that he has determined that Plaintiff is not
currently receiving Medicare benefits and that Medicare has not made any
conditional payments arising from or related to injuries stemming from the facts at
issue in this lawsuit.
In the event any Medjcare reimbursement claim does arise, Plaintiff understands
that all of Medicare's claims arising from treatment for the subject injuries must be paid
from the settlement proceeds of this case and remain an obligation of Plaintiff to ensure
proper reimbursement. .
Plaintiff agrees to indemnify and hold harmless Released Party, and its insurers
and attorneys from any and all actions, claims, liens, penalties or demands of ilny nature
that are filed or will be filed in connection with Medicare's reimbursement claims for the
subject injuries. In case any suit or other proceeding shal! be brought on account of
Medicare's reimbursement claims, Plaintiff agrees to pay all costs, expenses, and
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.. ..
attorneY's fees incurred in the Released Party's, its insurers' and attorneys' defense of
such claim/action and agree t6 pay all judgments which may be incurred or claimed
against the Released Party, its insurers and attorneys.
12. RELEASE OF SANCTIONS: Plaintiff unconditionally releases and
waives any right to or claim for sanctions against the Released Party or their
representatives, including counsel, in connection with the Lawsuit, including sanctions
that Plaintiff may have sought in the future arising from or in any way related to any
allegations in the Lawsuit, or conduct of the Released Party or
including counsel, before or during the Lawsuit.
13. INDEMNITY: Plaintiff agrees to indemnify and hold the Released Party .
harmless from and against any and all liability, actions, judgment, costs,expenses, and
. counsel fees . arising Jrom or in any way connected to any sl.lbrogation claims or liens
brouglit or asserted subsequent to the execution of this Release as a result of or pertaining
. in any way to the Lawsuit under any law, ordinance, regulation, or contract.
Notwithstanding the foregoing, this indemnity provision does. not include any Claim that
inay arise between the Released Party, or any insurance carrier that is involved in
this matter. This provision is not intended to include any coritribution or indeinnity claim
that might be brought by the Christian Brothers, or any contribution or indemnity claim
that might be brought by the Released Patty against the Christian Brothers or others.
14. COMPLETE AGREEMENT: This Releas.e represents the. entire
agreement of the Plaintiff and Released Party and is intended as an integration of any and
ail prior discussions, negotiations, and agreements, either. oral or written, relatingto the
subject matter of this Release. Notwithstanding any course or dealing to the contrary, no
modification or amendment of this Release shall be effective until reduced to writing and
signed by the party to' be charged.
. 15. DISPUTE RESOLUTION: In the event Plaintiff or the Released Party
breach this Release and any action is commenced regarding such its
interpretation, its enforceability,. or . an action in the nature, of declaratory relief; the
beentitl6d tOi.'easoriable attorneys' fees arid costs. : .
16. CHOICE OF LAW: This Release is executed and entered into in the
State of Washington, and shall be. gQverned by the laws of the State of Washington .. Any
arbitration, judicial proceeding, or litigation which may be commenced regarding the
breach, interpretation, or enforceability of this Release shall be brought exclusively in
King County, Washington.
17. PARTiAL VALIDITY: If any provision oft-his Release is invalid, void,
or l.menfol'ceable, the remainder 6fthis Release shall remain in full force and effect.
18. INTENT OF PARTIES: Regardless of the adequacy or inadequacy of
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......
the consideration specified above, this Release is. intended by the Plaintiff and Released
Party to fully, completely, and forever compromise and'settle any and all current
litigation, claims, and/or obligations by the Plaintiff and Released Party rehited to any
allegation in the Lawsuit; to avoid any and all future litigation, claims, and/or obligations
by the Plaintiff and Released Party related to any allegation in the Lawsuit or to the
conduct of the Released Party or their representatives, including counsel, before or during
the Lawsuit; and to be a full, final, binding, and complete agreement, compromise,
. settlement, and release of any and 'all possible claims and/or obligations by the Plaintiff
and Released Party related to any allegation In the Lawsuit or to the 90nductof the
Released 'Party or their representatives, including counsel, before or during the Lawsuit.
The language of this Release shall, for all purposes, be construed asa whole, ac()orcling to
its fair meaning, not strictly for or against Plaintiff or the Released and without. . ...
regard to the identity or status of any petson or persons who drafted all or any patt of1&is
Release.
19. NO RELIANCE UPON OTHER TERMS: Plaintiff acknowledges that
the consideration recited in this Release is the sole and only consideration for this Release
and no representations, promises, or induceni.ents, whether written or oral, have been
made othei' than as appear in this instrument. Plaintiff further acknowledges that in
executing this Release, he has not relied upon any representations, promises, or
induce'tnents, whether written or oral, other than as appear inthis instrument.
20. REPRESENTATION BY COUNSEL: Plaintiff acknowledges that he
has been advised that he has the right to be represented by .counsel of his own choice in
the Lawsuit and the preparation of this Release; th.at he has at all pertinent times had the
unrestricted right and opportunity to have the full and complete benefit and' advice of
independent and competent legal counsel, chosen and retained solely by him; and that he
has had the unrestricted right and opportunity to have his counsel fully explain to him the
meaning of each and every paragraph, term, and/or provision of this Release and the
entire meaning and each and all of the Qonsequences of his execution of this Release.
21. INDEPENDENT DECISION. Each party to this Release acknowledges
that it has had the opportunity t.oconduct an 'investigation into the facts and evidence
relating to this Lawsuit and that it has made an independent deoision to enter into this
agreement,withoutre(ying upon Of any other p'arty. Each party assumes
the risk that the facts or evidence may turn out to be different than it now understands
them to be and agrees to be bound by this agreement notwithstanding the discovery of
new or different facts or evidence.
22. HEADINGS: The headings in this Release are inserted for convenience
only; are not part of this Release; shall not in any manner affect the meaning of this
Release or any paragraph, term, and/or provision of this Release; and shall not be deemed
or interpreted to be a part ofthis Release for any purpose.
23. EXECUTION IN COUNTERPARTS; FAX AND PHOTOCOPIED
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,!.
SIGNATURES: This Release may be signed in counterparts; a faxed or phot0copied
signature shall have the force and effect of an original; and each executed copy shall be a
counterpart original of equal force and effect and enforceable against the party executing
the counterpart. .
24. LENGTH: This Release consists of seven (7) pages, including
signatures.
THE UNDERSIGNED HAS READ THIS RELEASE AND HAS TAKEN THE TIME
NECESSARY TO REVIEW COMPLETELY AND FULLY UNDERSTAND TI-IIS
RELEASE.
THE UNDERSIGNED HAS HAD THE UNRESTRICTED RIGHT AND
OPPORTUNITY TO HAVE EACH AND EVERY PARAGRAPH, TERM, AND/OR
PROVISION OF THE FOREGOING RELEASE AND EACH AND EVERY RESULT
AND CONSEQUENCE OF ITS EXECUTION .FULL Y EXPLAINED TO THE
UNDERSIGNED BY LEGAL COUNSEL SELECTED AND RETAINED SOLELY BY
THE UNDERSIGNED.
THE UNDERSIGNED FULLY UNDERSTANDS THIS RELEASE, ACCEPTS, AND
VOLUNTARILY AGREES TO EACH AND EVERY PARAGRAPH, TERM, AND/OR
PROVISION CONTAINED IN IT, AND FULLY ACCEPTS AND AGREES TO IT AS
BINDING UPON THE UNDERSIGNED FOR ANY AND ALL PURPOSES
WHATSOEVER.
THIS RELEASE INURES TO THE BENEFIT OF AND IS BINDING UPON
PLAINTIFF AND HIS RESPECTIVE SUCCESSORS, HEIRS, AND ASSIGNS.
DATED. this f:'f'1- day +-, ____ , 2011.
STATEOF v\'lA-
County of ,sllohom/sh
)
) ss.
)
SUBSCRIBED AND SWORN to before me this
2011.
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Notary Public for
My Commission Expires:
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EXHIBITB ..
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" "Case 09-43714 Doc' 45 Page 2'of 8
.'
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Agteel'rlent [ ipd Release of All Claims ("Rehiase") is effective as
ofthe Date last slgned below. ,". ." . . .
1. DEFINiTIONS: The following terms shall have the defmitions indicated.:.
(a) The term "Plaintiff' as used herein shall mean Thomas E. May, the
trustee for the bankruptcy estate Wi 'andH, .w
(b) The term Party" as uSed herein shall'mean Corporation
of the Catholic Arcltbisbop or Seattle, :a sole corporation, and as defined
hereinafter; and anY and all relate.d entities; however designated, their officers,
board members,. insurers, and assigns,.
and any and all other related individuals, excluding the Congregation of the
Brothers of the Christian Schools of Ireland; Congregation of Christian Brothers;
Congregation of Christian Brothers ofIreland; Congregation of Christian' BrQthers
-North American Province a/kJa Western Province; Congregation of Christian
l?rotti'ers -:- Brother Rice Province, Eastern American Province; Christian Brothers
Institute, a New' 'york corPoration; the Christian Brothers of Ireland, Inc., . an
Illinois corporation; , or the successors and predecessors of each (collectively
::;i;:'-teferred to as "the Christian Brothers.").
for:; !;;::::; ... :/jJ(ii:;:C;;!. .. \i.l 't.).:: Ii,; .. <t
:;!(. :r.,:! f;, ,: lf;. :., :tb) ,;:. i:: us:6d;'l1Jir:e'ii{sh:a1lfriie'antlfhe.'Q:of:potatf6W
; ,:f: : r.,f of':Cfirisfian':J3r.6lnerS:'
:' .. ::( ,.:.' :i3j-C;iW6i';. Ricte: P'rbvihce!>mrstern :AihetlCai("Provi'rice::Cengregati:on;\br" GHtistiati
. i : ... f: il':fi'kJii';
" ). .,' '.,' . \ ," . . . ... . )
,' . .'.:.,,,;: .. Glli'fs.tiiin -Brotliers:;:r ::.: . .::.: f
,,:. , .::: .' ,,: .. ::,:):; :):. "'. ;": ::', . ..Yt ..': ...... :.:: ...'. :'!",
:.;;. > .. \r: .. .:r:/ ':v ;.\ '" .:;.::\ .... .. :: .... i. :.: .. ',"'.; .. ; .. ,'"
(d) The terxp. "Lawsuit" as uS'ed herein shaH refer to K.A, J.S., Johq
Doe, Jariies eotporatioli. '6fthe'Ci:ttholic' \'\'rchbishopbf Seattle, tit
King COtUlty Cause No. SEA; filed 2009.
. ;; . . .. ' 1" .... '. , . j: ........ ' \ .: .,; ..... ,', . ! .. ' ........ .. \) ... :'.
: .... 't@t'etm"I'R.elease;;)as'i!sedherein shaH meanthis .document;: ,,t.::' '.:
.;.y:.: :; .... i,: .:": ... .. ::: .. ::.::.:;'. l' ... .... ..
2,'RELEASE: For and. in' yOllsideration of the. payment set forth below in
Paragraph 3 Qf this Rele'ase, and the applicable provisions of this Release, the
sufficiency: of :ackrtowledged;Pla1:hti1f. 'doe's: l:ier'eo'jl': release and 'forever
discharge with :a:lI designat6a;" 'related' to
and 'aria actiOnS;: ai1cH:iiis'es 'of '16'f'every' Rirtd::and
nfl-tUre, '\Vhbthclr:kHdWh \jt':ilrhkiiti\\Vil;,owHldif.:Pfairitift. had; :ijiaY:li'clY'e;iri
the future df 5l.'ilh'1iny. :WW%Mthd tiS Piafii.iff:s'aUeg6a
all times with Edward Courtney, whether known or unkrlown, and/or to any .allegecl
:.,:, ::!;.: :tl.:::c :,:' ::';;J:'::
:.;,;;\,:.1 . . .. .. ,'j' ..... ;:; .. :":,' ... :>,:";",: :;.i ::.:.;
. .
. ' .. ; i:;' ! :'; /.
:1 . :. ' .. '.' :'.
'.
.. 1 ....
'.,
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C,ase':09-43714 ' Doc 45 "Page 3 of 8, '
relationship Plaintiff had with the Released Party, and/or to any allegations bro:ught, or
which could have,been brought, 'in the Lawsuit, including, but not limited to: " ,
, ,
(a) ,All damages to Plaintiff relating to or arising out of the
conduct of Bdwiird Courtney or the hiring, placement, and' supervision
thereof, whether knoWn or unknoWn; ,
(b) All events described in the Lawsuit, or in Plaintiff's
depositions or discovery responses;
(0) All events, causes, or matters which,are in whole or in part
the subject of said Lawsuit) or whi()h are, may be,' or could have bee.\l
stated,' claimed, or. alleged in said Lawsuit; and
(d) AU claims for attotney fees or sanctions against the
Released Party, as set forth more fully in Paragraph 10 and Paragraph 11
,herein. '
This,Release is riot intended to, and does not have any effect on, Plaintiff's claims
or potential claims against any entities or members of the Christian Brothers, or arising
from Plai,ntiff's claims or potential claims against the same,.such as their insurers or other
entities, that mf).y, be liable for thqse ()laims, such as schools or other Archdioqeses
Dioceses, and no provisiop of this Release shall ,be construed to mean ,otherwise. For.
example, the Plaintiff and Released Party disagree as to whether any agency relationship
existed between the Christian Brothers and the Corporation of the C!ltholic Archbishop of
Seattle, and to the extei:i.t any' court or authority concludes that an agency relationship
existed, this Release is not to release or in any way comp,romlse Plaintiff's
claims against Brothers. Similarly, to the extent insurance coverage
or may exist for Plairitiffs claims against the Christian Brothers, this settlement ,and'
release is riot intended to release the insurers from liability for those claims, 9r to limit
their liability in a.i1y' way as they pertain to the Christian Brothers" interest in said
insurance 'poliCies as related to'this ,Plaintiff. Further,t9 the' 'extent other schQols, other
or ,other Dioceses may be liable for the sexual abuse tha,t Plait:ltiff,suffered,
this settlement and release is not intended to have any effect on claims that ;I?laip.tiff may
have agaipst those entities or claims arising from those claim'S, such as claims against
insurers.
,This Release'iscoriditioned on the final approval oillie U.S. Bankruptcy Court,
Eastern District of California. '
3. CONSIDERATION TO PLAlL'l'TIFF; Plaintiff agrees t.o accept as fun,
complete, and adequate consideration forhi8 execution ,of this Rele.ase and re,lea:se of all
claims against,e Released'Party the sum of Fifty Thousand ,Fiye HUildred'ai).d No
Cents ($57,500.00), said sum to be paid by check to order 'ofTp,orrias E. May, trustee
for 'the bankruptcy' est",te of Hans Wright. These funds shall not he distributed to Plaintiff
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unti1,Plain1;iffhas executed this Release.
4. ' NO ASSIGNMENT OR TRANSFER ,OF CLAIMS: Plaintiff
represents and warrants that he 'lias not hereto'fore assigned or any of the
claims released in this Release, or any portion thereof or interest therein, to third
person; and that he has the fuli, complete, and unrestricted right to release each and ali of
the claims obligations released by him herein. agrees to indemniIy, defend,
and hold the Released Party harmless from and for any and all claims 'on account of any'
such transfer or assignment of any such claims or any portion thereof or interest therein;
including attorney fees and costs for defending such claims. ' ,
5. WAIVER. OF UNKNOWN CLAIMS: Plaintiff specifically agrees that'
this Release extends to all .claims and/or .obligations of any kind or' nature whatsoever,
whether, known oI"unkriQ:\.yrt'to'hhti::at':ttiis thne; that .
to any allegation in the Lawsuit, 'including but not limited to any and ali claims and/or
obligations which might be cognizable before any arbitrator, federal and/or sta,te agency;
and/or and/or state COUlt, and the Plaintiff expressly, knowingly, and voluntarily
waives alI such rights under any state or federal statute or common law principle of
similar effect. ' '
'6. KNOWING AND VOLUNTARY CONSENT: The Plaintiff
specifically agrees that his 'acceptance, 'agreement, and execution of this Release is made
with full, complete, unrestricted, and informed knowledge and consent after consultation
with his counsel; that this Release covers any and all possible claims and obligations of
any kind or nature 'whatsoever arising out of or related to any allegation in the Lawsuit;
and that the consideration stated in Paragraph 3 of this Release is all that Plaintiff is ever
to receive from Released Party in connection with any al1d' all possible clahns and
obligations o(any kind or nature whatsoever against the Seattle arising out
of or related to allegation in the Lawsuit. '.
, 7. NATURE OF CLAIMS: the settlement, provided herein represents the
settlement of claims for personal, and physical injury within the meaning of 26 U.S.C.
Section l04(a)(2). Plaintiff. agrees that he will pay any and all taxes mid/or other
payments which may be or become due on account of the consideration to be by
him pursuant to Paragraph 3 of this Release, and that the ReJeased Party is not' liable for,
and shall nev!;:r be liable for, any portion of any such taxes and/or other
8. NO FURTHER CLAIMS: For the consideration described in this
Release,Plaintiff agrees that will not file against the Released :r>arty, 'permit to be
filed on behalf against the Released Party, any claim, grievance, charge, complaint,
lawsuit, legal action, or :other process of any kind arising out of or related to any
, aUega:tion brought, or which could have been brought, in the Lawsuit ,or to conduCt of
the Lawsuit... This prqvision is not intended to include any contribution or inclemnitY
claim that might be, brought by the Christian Brothers, or ari.y contribution or inderimitY
claim that might be brought by Party against the Christian Brothers or
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others.
9. DISMISSAL OF ACTION WITH PREJ1JDICE: Plaintiff authorizes
the dismissal with prejudice of all claims against the Released PartY in the Lawsuit, and
the filing with the Superior Court of Washington for King County, upon exec'\,ltion ofthls
Release and receipt of the payment set forth above' in Paragraph 3' of this all
necessary papers, including a Stipulation and Order of Dismissal With Prejudice,
required to the dismissal of claims against the Released Party in the Lawsuit with
prejudice.
10. RELEASE OF COSTS AND ATTORNEY'S FEES: Plaintiff shall bear
his own costs, expenses, and' attorneys' fees incurred in connection,with the Lawsuit and
this Release. Plaintiff unconditionally relef!.Ses and waives any right to seyk
; reirn.butse'inent lor any such c0stS, 'attqii1eys':feesj 'Of fromt,h'e Releas4 ,PartY;
whether based on statute or otherwise. ", ,
11., RELEASE OF l\1EDICARE LIENS: Plaintiff understands that,
pursuant to the Medicare Secondary Payer Act (42 U.S.C. 1395y) and its accompanying
regulations, and as a condition of the settlement of the subject claim, the Released Party
must'consider and Protect the interests of Medicare. Plaintiff certifies that at the time
of the execution of this Agreement (1) he has not and is not currently
receiving Medicare benefits; (2) he will not receive Medicare benefits within the next
days, nor is it his intent to seel' such' benefits at the time of ihe'!lxecution of this
settlement; and (3) th'at Medicare has not made, any conditioDlll payments arising
from or related to injuries stemming' from the facts at issue in this lawsuit. 'This
certific[l.tion is supported by ail executed Medicare compliance form, which the
Party may reasonably rely upon in not reporting this settlement within 'the meaning of
Sectipp. 111 of the Medicare Medkaid ,SCRIPS Extension Act of 2007 (42U.s.C.
1395y(b)(8)). '
Plaintiffs Counsel certifies that he has determhied that Plaintiff is not
currently, receiving Medicare benefits and that Medicare has not made any
conditional payments arising from or related to injuries stemming from the facts at
issue in tl1is lawsuit. ' ,
In the event any Medicare reimbursement claim does arise, Plaintiff understands
that all of Medicare's claims arising from treatment for the subject injuries must be p(l.id
from, the settlement proceeds of this case and remain an obligation of Plaintiff,to ensure
proper, rehnbursement. '
Plairitiff agrees to indemnify and hold harmless Released Party, and its insur,ers
and att'orneys from any and all actions, claims, liens, penalties or demands of any nature
that are filed or'will be filed in'connection with Medicare's reimbursement claims for'the
subject 'injuries. In case any suit or other proceeding shall' be brought on of
MediCare's reimbursement claims,' Plaintiff agrees to pay 'all costs, expenses, ?lnd
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attorney's fees incurred in the, Released Party's, its insurers' and attorneys' 'defense of ':::",
such' claim/action and agree to pay all judgments which may be incurred or cll:!.imed
against the Released Party, its insurets and attorneys. '
12. ' RELEASE OF SANCTIONS: Plaintiff llnconditionally releases and
waives any right to or cl(!,im for the Released Party, qr 'their
'representatives, in,cluqing counsel, in connection with the ;Lawsuit, sanctions,
t,hat Plaintiff may have sought i,n, the future arising from or ,in any yvay to any
allegations in the Lawsuit, Of c,:onduct of the Released Party or 'their representatives,
including counsel, before or ,during the Lawsuit. '
13. INDEMNITY: Plaintiff agrees to indemnify and hold the Released Party
harmless i:om and against any and all liability,actions, judgment, C9Sts, eXPenses, and
fees aris,hj,g from or.,,in 'any ,way cormected ;toany subrqgati'On, claims, '011.
brought or asserted subsequent'to the execution oq):lis Release as a of or pertaining
in 'any way to the Lawsuit und!;T ?llY law, ordinance, or contract. '
Notwithstanding the foregoing, this provision does not include, any
may, ,arise between the Released :party, ,or any inslJ,rance carrier, that" is involved
this lTIatter. This provision is not intended to inclqde ,any contr1buiion 'or indemnity claim
that might brought by the Christiim Brothers, or any contribution or indemnitY c,:laim
that might be brought by tpe Released p:arty,against the Christi.an Brotl1ers or ot4ers. '
14. COMPLETE, AGREEMENT: This, Release represents the entire
agreement of the Plaintiff anc;!, Party anq is intendec;! as an orany and
all prior discussions, negotiations, and agreements, either oral or written, relating, to the
subject matter of this Release. Not,withst!jllding any course' or dealing to the, contrary, no
modification or amendment of this shall be effectivi until reduced,to writing
Signed by the party to be charged.
15. DISPUTE RESOLUTION: In the ,event Plaintiff or tb,e ReJeaseq., Party
l?reach this ,Release and: any :aCtion is, commenced regarding, such its
interpretation, its enforcea.bll,ity, or, an action m, the nature of declaratory relief, the
shill) be to reasonable attorneys' 'and 'costs.
" ,: ,':: ;'. :;LAW:;, :is';, an.,d' ,intb:Jn' ,the' ,
ofWashington,ab.d s):lall be governed by the bfthe State QfWashirigton. "Arty
arbitratiori, judicial proceeding, or litigation which may be commenced' regarding the
,interpretation, or enforceability of this Release ,shall be, brought exclusively in
King County, Washington.
17. PARTIAL VALIDITY: If any provision of this Release is void,
or unenforceable, the remainder of this Release shall remain in full force and effect. '
, ' ,
l,B. INTENT,OF PARTIES: Regardless bf the or of
the, consideration specified ab'ove, Release' is, intendeq by, the Plaintiff and Released
Party to fully, completely, and forever compromise and settle and aU c),Irrent
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litigation, claims, and/or obligations by the Plaintiff and Released Party related to any
allegation in the Lawsuit; to C\.void any and all future litigatiqp, claims, and/or obligations
by the Plaintiff and' Released Patty related to any allegati'on' in the Lawsuit .or to the
conduct of the Released Party" or. their representatives, including counsel, before or during
the Lawsuit; arid to be a full, 'final, binding, and complete agreement, compromise,
settlement, and release of any and all possible claims andlor obligations by the Plaintiff
and Released Party related to any ailegation in the Lawsuit or to the conduct of the
Released Party or their represel).tatives, includipg counsel, before or during the Lawsuit.
The language of this Release shall, for all purposes, .be construed as a whole, aCGording to
.its fair meaning, not strictly for 'or against Plaintiff or the Released Party, and without
regard to. the identity or status of any person or persons who' drafted all or any .o.fthis
Release. .
. . .
. .J9. NO, RELIANCE uP.0NOTHER TERMS::Plaintiff: that
the 'consideration recited in this Re"lease is the s'ole and only consideration for this Release
and no representations, promises, or inducements, whether written or have been
made other than as appear in this instrument. Plaintiff further acknowledges that in
executing this Release, he has not relied upon any representations, promises, or
inducements, whether written or oral, other than as appear in this instrument.
20. REPRESENTATION BY COUNSEL: Plaintiff acknowledges that he
has been that he has the right to be represented by counsel of his own choice in
the Lawsuit and the' preparation of this Release; that he has at all pertinent tiPles had the
unrestricted right and oppprtunity to have the full and complete benefit and advice 'of
independent and' competent legal counsel, chosen and retained solely by him; andthat he
has had the unrestricted right and opportunity "to have his counsel fully explain to him the
meaning of each and every paragraph, term, and/or provision of this Release and the
entire meaning and each ap.d all of the consequences of his of this
21. INDEPENDENT. DECISION. Each' party to this Release
that it has had opportunity to conduct an investigation into the facts and evidence
relating t6 this Ll;twsuit and that it has made an independent decision to enter into tpis
without relying upon representations of any other Each party assumes
the dsk the facts or evidence may turn out to be than it now understands
them-to be andagrees-tobe.])ountiby this agreemciiltnot:Witl:1staiiding the disc9yery of
new or different facts or evidence. . . .
22. The headings in this Release'are inserted for convenience
only; are not part of this Release; shall not in any manner affect the meaning of this
Release or any" paragraph, term, and/or provision of this Release;. and &hall not be deemed
or interpreted to be a part of this Release for any purpose.
23.. .EXECUTION IN COUNTERPARTS; FAX AND PHOTOCOPIED
SIGNAT"UItE8:. This Release may be signed hi counterParts; a faxed or phOtocopied
signature shall have the force and effect of an original; and each executed copy shall be a
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counterpart original of equal force and effect and enforceable against the party executing
the counterpart.
24. LENGTH: This Release consists of seven (7) pages, including
signatures.
THE UNDERSIGNED HAS READ THIS RELEASE AND HAS TAKEN THE TIME
NECESSARY TO REVIEW COMPLETELY AND FULLY UNDERSTAND THIS
RELEASE.
THE UNDERSIGNED HAS HAD THE UNRESTRICTED RIGHT AND
OPPORTUNITY TO HAVE EACH AND EVERY PARAGRAPH, TERM, ANDIOR
PROVISION OF THE FOREGOING RELEASE AND EACH AND EVERY RESULT
AND CONSEQUENCE OF ITS EXECUTION FULLY EXPLAINED TO THE
UNDERSIGNED BY LEGAL COUNSEL SELECTED AND RETAINED SOLELY BY
THE UNDERSIGNED.
THE UNDERSIGNED FULLY UNDERSTANDS THIS RELEASE, ACCEPTS, AND
VOLUNTARILY AGREES TO EACH AND EVERY PARAGRAPH, TERM, ANDIOR
PROVISION CONTAINED IN IT, AND FULLY ACCEPTS AND AGREES TO IT AS
BINDING UPON THE UNDERSIGNED FOR ANY AND ALL PURPOSES
WHATSOEVER.
THIS RELEASE INURES TO THE BENEFIT OF AND IS BINDING UPON
PLAINTIFF AND HIS RESPECTIVE SUCCESSORS, HEIRS, AND ASSIGNS.
DATEDthis30 dayor ,2011.
A_
STATE OF CMi
. 'i?\ _ _ _ _ ) 55.
)
SUBSCRIBED AND SWORN to before me this 36 day of 2..0 vl
20 Itl. <> cAt e e C e e t\ A 0
,.. M.JAIYA
o COMM. #'
HOTAay PUBLIC CALIfORNIA Q
PLACER COUNTY 0
J <> 0 Q <> C!Me 'LB,
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