Preview
FILED: NASSAU COUNTY CLERK 06/23/2022 11:33 AM INDEX NO. 900039/2019
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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JOHN METZ,
Plaintiff, Index No. 900039/2019
-against -
ST. HUGH OF LINCOLN ROMAN CATHOLIC CHURCH,
ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE,
JOHN DOE and JANE DOE, RICHARD ROE and JANE
ROE, priests, clergy and administrators whose names are
unknown to the Plaintiff,
Defendants.
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NOTICE OF STIPULATION AND AGREED ORDER
EXTENDING THE TERMINATION DATE OF THE PRELIMINARY INJUNCTION
STAYING CONTINUED PROSECUTION OF CERTAIN LAWSUITS
The Roman Catholic Diocese of Rockville Centre, New York (the “Diocese” or the
“Debtor”) hereby provides notice of the Stipulation and Agreed Order Extending the
Termination Date of the Preliminary Injunction Staying Continued Prosecution of Certain
Lawsuits, Adv. Pro. No. 20-01226 (SCC) (Bankr. S.D.N.Y.) [Adv. Pro. Docket No. 120] (the
“Stipulation and Agreed Order”) entered by the United States Bankruptcy Court for the Southern
District of New York (the “Bankruptcy Court”) on May 23, 2022 (the “Effective Date”)
extending the termination date of the preliminary injunction [Adv. Pro. Docket No. 59] through
and including August 10, 2022, subject to further extension by the Bankruptcy Court. A true and
correct copy of the Stipulation and Agreed Order is attached as Exhibit A.
NOTICE OF ENTRY OF THE STIPULATION AND AGREED ORDER
1. On October 1, 2020 (the “Petition Date”), the Diocese filed a voluntary petition
for relief under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”) in the
Bankruptcy Court (Case No. 20-12345) (SCC).
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2. Certain actions brought under the Child Victims Act (the “CVA Actions”) are
stayed by operation of 11 U.S.C. § 362(a) to the extent they seek relief against the Diocese. On
October 1, 2020, the Diocese filed an adversary proceeding [Adv. Pro. Docket No. 20-01266]
(the “Stay Adversary”) seeking a determination that the CVA Actions are automatically stayed in
their entirety pursuant to 11 U.S.C. § 362(a)(1) and/or (a)(3) or, alternatively, seeking entry of an
order staying the CVA Actions pursuant to 11 U.S.C. § 105(a). Certain plaintiffs in the CVA
Actions assert that the automatic stay does not, subject to compliance with applicable rules of
civil procedure, prohibit them from pursuing claims against defendants other than the Diocese in
the CVA Actions.
3. On the Petition Date, the Diocese moved for an injunction pursuant to 11 U.S.C.
§§ 105(a) and 362(a) staying the CVA Actions through and including February 1, 2021 [Adv.
Pro. Docket No. 2]. On October 23, 2020, the Committee filed an objection to the Diocese’s
preliminary injunction motion [Adv. Pro. Docket No. 17]. In November and December 2020,
and in January 2021, the Bankruptcy Court entered several consensual stipulations in the Stay
Adversary granting the Diocese’s request for a preliminary injunction and enjoining the
prosecution of the CVA Actions for limited periods. During those periods, the Diocese and the
Committee engaged in good faith arm’s length negotiations regarding the relief sought in the
preliminary injunction motion.
4. As a result of these negotiations, the Diocese and the Committee, in consultation
with attorneys representing the members of the Committee who are also plaintiffs in CVA
Actions, agreed to stay the CVA Actions in accordance with the terms set forth in the Stipulation
and Order Pursuant to 11 U.S.C. § 105(a) Staying Continued Prosecution of Certain Lawsuits
[Adv. Pro. Docket No. 59] (the “Stipulation and Order”). The Bankruptcy Court entered the
Stipulation and Order on January 22, 2021. That Stipulation and Order stayed further
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proceedings in CVA Actions through and including March 31, 2021. On April 1, 2021, the
Bankruptcy Court entered a Stipulation and Agreed Order extending the stay through and
including June 14, 2021. [Adv. Pro. Docket No. 69]. On June 14, 2021, the Bankruptcy Court
further extended the stay through and including September 14, 2021. [Adv. Pro. Docket No. 88].
On September 13, 2021, the Bankruptcy Court again extended the stay through and including
December 13, 2021. [Adv. Pro. Docket No. 98]. On December 6, 2021, the Bankruptcy Court
further extended the stay through and including March 13, 2022. [Adv. Pro. Docket No. 105].
And on March 1, 2022, the Bankruptcy Court further extended the stay through and including
June 11, 2022 [Adv. Pro. Docket No. 112].
5. On May 23, 2022, the Bankruptcy Court entered the Stipulation and Agreed Order
extending the stay through and including August 10, 2022. See Ex. A.
6. The Stipulation and Agreed Order provides for a stay of this action and all other
CVA Actions identified in Schedule 1 through and including August 10, 2022, subject to further
extension by the Bankruptcy Court.
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NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022
Dated: New York, New York JONES DAY
June 21, 2022
Todd R. Geremia
Eric P. Stephens
JONES DAY
250 Vesey Street
New York, NY 10281-1047
Telephone: (212) 326-3939
Facsimile: (212) 755-7306
Email: trgeremia@jonesday.com
epstephens@jonesday.com
Counsel for The Roman Catholic Diocese of
Rockville Centre, New York
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Preview
FILED: NASSAU COUNTY CLERK 06/23/2022 11:33 AM INDEX NO. 900039/2019 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X JOHN METZ, Plaintiff, Index No. 900039/2019 -against - ST. HUGH OF LINCOLN ROMAN CATHOLIC CHURCH, ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE, JOHN DOE and JANE DOE, RICHARD ROE and JANE ROE, priests, clergy and administrators whose names are unknown to the Plaintiff, Defendants. -------------------------------------------------------------------------X NOTICE OF STIPULATION AND AGREED ORDER EXTENDING THE TERMINATION DATE OF THE PRELIMINARY INJUNCTION STAYING CONTINUED PROSECUTION OF CERTAIN LAWSUITS The Roman Catholic Diocese of Rockville Centre, New York (the “Diocese” or the “Debtor”) hereby provides notice of the Stipulation and Agreed Order Extending the Termination Date of the Preliminary Injunction Staying Continued Prosecution of Certain Lawsuits, Adv. Pro. No. 20-01226 (SCC) (Bankr. S.D.N.Y.) [Adv. Pro. Docket No. 120] (the “Stipulation and Agreed Order”) entered by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) on May 23, 2022 (the “Effective Date”) extending the termination date of the preliminary injunction [Adv. Pro. Docket No. 59] through and including August 10, 2022, subject to further extension by the Bankruptcy Court. A true and correct copy of the Stipulation and Agreed Order is attached as Exhibit A. NOTICE OF ENTRY OF THE STIPULATION AND AGREED ORDER 1. On October 1, 2020 (the “Petition Date”), the Diocese filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”) in the Bankruptcy Court (Case No. 20-12345) (SCC). 1 of 4 FILED: NASSAU COUNTY CLERK 06/23/2022 11:33 AM INDEX NO. 900039/2019 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022 2. Certain actions brought under the Child Victims Act (the “CVA Actions”) are stayed by operation of 11 U.S.C. § 362(a) to the extent they seek relief against the Diocese. On October 1, 2020, the Diocese filed an adversary proceeding [Adv. Pro. Docket No. 20-01266] (the “Stay Adversary”) seeking a determination that the CVA Actions are automatically stayed in their entirety pursuant to 11 U.S.C. § 362(a)(1) and/or (a)(3) or, alternatively, seeking entry of an order staying the CVA Actions pursuant to 11 U.S.C. § 105(a). Certain plaintiffs in the CVA Actions assert that the automatic stay does not, subject to compliance with applicable rules of civil procedure, prohibit them from pursuing claims against defendants other than the Diocese in the CVA Actions. 3. On the Petition Date, the Diocese moved for an injunction pursuant to 11 U.S.C. §§ 105(a) and 362(a) staying the CVA Actions through and including February 1, 2021 [Adv. Pro. Docket No. 2]. On October 23, 2020, the Committee filed an objection to the Diocese’s preliminary injunction motion [Adv. Pro. Docket No. 17]. In November and December 2020, and in January 2021, the Bankruptcy Court entered several consensual stipulations in the Stay Adversary granting the Diocese’s request for a preliminary injunction and enjoining the prosecution of the CVA Actions for limited periods. During those periods, the Diocese and the Committee engaged in good faith arm’s length negotiations regarding the relief sought in the preliminary injunction motion. 4. As a result of these negotiations, the Diocese and the Committee, in consultation with attorneys representing the members of the Committee who are also plaintiffs in CVA Actions, agreed to stay the CVA Actions in accordance with the terms set forth in the Stipulation and Order Pursuant to 11 U.S.C. § 105(a) Staying Continued Prosecution of Certain Lawsuits [Adv. Pro. Docket No. 59] (the “Stipulation and Order”). The Bankruptcy Court entered the Stipulation and Order on January 22, 2021. That Stipulation and Order stayed further 2 2 of 4 FILED: NASSAU COUNTY CLERK 06/23/2022 11:33 AM INDEX NO. 900039/2019 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022 proceedings in CVA Actions through and including March 31, 2021. On April 1, 2021, the Bankruptcy Court entered a Stipulation and Agreed Order extending the stay through and including June 14, 2021. [Adv. Pro. Docket No. 69]. On June 14, 2021, the Bankruptcy Court further extended the stay through and including September 14, 2021. [Adv. Pro. Docket No. 88]. On September 13, 2021, the Bankruptcy Court again extended the stay through and including December 13, 2021. [Adv. Pro. Docket No. 98]. On December 6, 2021, the Bankruptcy Court further extended the stay through and including March 13, 2022. [Adv. Pro. Docket No. 105]. And on March 1, 2022, the Bankruptcy Court further extended the stay through and including June 11, 2022 [Adv. Pro. Docket No. 112]. 5. On May 23, 2022, the Bankruptcy Court entered the Stipulation and Agreed Order extending the stay through and including August 10, 2022. See Ex. A. 6. The Stipulation and Agreed Order provides for a stay of this action and all other CVA Actions identified in Schedule 1 through and including August 10, 2022, subject to further extension by the Bankruptcy Court. 3 3 of 4 FILED: NASSAU COUNTY CLERK 06/23/2022 11:33 AM INDEX NO. 900039/2019 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 06/23/2022 Dated: New York, New York JONES DAY June 21, 2022 Todd R. Geremia Eric P. Stephens JONES DAY 250 Vesey Street New York, NY 10281-1047 Telephone: (212) 326-3939 Facsimile: (212) 755-7306 Email: trgeremia@jonesday.com epstephens@jonesday.com Counsel for The Roman Catholic Diocese of Rockville Centre, New York 4 4 of 4