You are on page 1of 3

11-22820-rdd

Doc 365

Filed 07/03/12

Entered 07/03/12 11:19:00 Pg 1 of 3

Main Document

PFAU COCHRAN VERTETIS AMALA, ATTORNEY at LAW Michael Pfau, Esq. (admitted pro hac vice) Jason Amala, Esq. (admitted pro hac vice) 403 Columbia Street, Suite 500 Seattle, WA 98104 Telephone: 206/462-4334 Facsimile: 206/623-3624 Attorneys for T.P., A.S., J.H., L.B., and D.P. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Chapter 11 In re: Case No. 11-22820 (RDD) THE CHRISTIAN BROTHERS INSTITUTE, et al., (Jointly Administered) Debtors. JOINDER OF PLAINTIFFS T.P., A.S., J.H., L.B., AND D.P. IN OBJECTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO MOTION FOR RELIEF FROM THE AUTOMATIC STAY Plaintiffs T.P., A.S., J.H., L.B., and D.P. (collectively, the Plaintiffs), by and through their undersigned counsel, hereby submit their joinder (the Joinder) to the Objection (the Objection) of the Official Committee of Unsecured Creditors to Motion for Relief From the Automatic Stay (the Motion) filed by Corporation of the Catholic Archbishop of Seattle (the Archdiocese) [Docket No. 359]. In support of their Joinder, the Plaintiffs respectfully states as follows: Joinder 1. The Plaintiffs are the plaintiffs in the Civil Actions in which the

Archdiocese seeks relief from the automatic stay for the purpose of removing and transferring

11-22820-rdd

Doc 365

Filed 07/03/12

Entered 07/03/12 11:19:00 Pg 2 of 3

Main Document

the actions to this Court. The Plaintiffs hereby join in the Committees Objection to the Motion and incorporate the Objection herein by reference for all purposes. 2. The Plaintiffs intend to move to remand the Transferred Actions to

Washington Superior Court and request that, to the extent, the Court does not deny the Motion, the Court set a briefing schedule for remanding the Transferred Actions. 3. As the Plaintiffs will explain when they move to remand the various

Washington cases back to Washington Superior Court, they should not be forced to litigate their claims in New York because the Washington trial courts have already managed extensive discovery in these cases or related cases; the Washington trial courts are already familiar with the facts and legal issues raised by these cases or related cases; the sexual abuse took place in Washington; the majority of plaintiffs and the majority of witnesses reside in Washington; the Seattle Archdiocese and the Debtors do business in Washington; the Seattle Archdiocese and the Debtors have been represented for almost a decade by Washington counsel; and, Washington courts are best suited to apply the Washington law that governs these cases. Simply put, any benefit of litigating these cases in New York, if a benefit exists, is substantially outweighed by the many benefits and practical reasons that exist to litigate them in Washington. WHEREFORE, the Plaintiffs request that the Court deny the Motion and grant such other and further relief as is just and proper.

11-22820-rdd

Doc 365

Filed 07/03/12

Entered 07/03/12 11:19:00 Pg 3 of 3

Main Document

Dated: Seattle, Washington July 2, 2012

PFAU COCHRAN VERTETIS AMALA, ATTORNEYS at LAW

Michael Pfau, Esq. (admitted pro hac vice) Jason Amala, Esq. (admitted pro hac vice) 403 Columbia Street, Suite 500 Seattle, WA 98104 Telephone: 206/462-4334 Facsimile: 206/623-3624 Attorneys for T.P., A.S., J.H., L.B., and D.P