IN RE DIOCESE OF BUFFALO, N.Y.

BK 20-10322 CLB AP 20-1009 CLB.

620 B.R. 445 (2020)

IN RE The DIOCESE OF BUFFALO, N.Y., Debtor. The Diocese of Buffalo, N.Y., Plaintiff, v. The Continental Insurance Company, Employers Insurance Company of Wausau (Formerly Known as Employers Insurance of Wausau a Mutual Company Formerly Known as Employers Mutual Liability Insurance Company of Wisconsin), Wausau Underwriters Insurance Company, Selective Insurance Company of America (Formerly Known as Exchange Mutual Insurance Company), National Union Fire Insurance Company of Pittsburgh, PA, Fireman's Fund Insurance Company, Catholic Mutual Group, and The National Catholic Risk Retention Group, Defendants.

United States Bankruptcy Court, W.D. New York.

Signed September 11, 2020.


Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Stephen A. Donato, Esq. , Charles J. Sullivan, Esq. , Brian J. Butler, Esq. , Grayson T. Walter, Esq. , of counsel, One Lincoln Center, Syracuse, New York 13202-1355, Attorneys for The Diocese of Buffalo, N.Y.

Blank Rome LLP, James R. Murray, Esq. , of counsel, 1271 Avenue of the Americas, New York, New York 10020, Attorneys for The Diocese of Buffalo, N.Y.

Charles Mendolera c/o The Diocese of Buffalo, N.Y., 795 Main Street, Buffalo, New York 14203, Principal, Pachulski Stang Ziehl & Jones LLP, Ilan D. Scharf, Esq. , of counsel, 780 Third Avenue, 34th Floor, New York, New York 10017, Attorneys for Official Committee of Unsecured Creditors.

Gleichenhaus, Marchese & Weishaar, PC, Scott Bogucki, Esq. , of counsel, 43 Court Street, Suite 930, Buffalo, New York 14202, Co-Counsel for Official Committee of Unsecured Creditors.

Peter Starks , Kevin Brown , Richard Brownell , Members of the Official Committee of Unsecured Creditors, Wilmer Cutler Pickering Hale & Dorr LLP, Craig Goldblatt, Esq. , of counsel, 1875 Pennsylvania Avenue NW, Washington, District of Columbia 20006, Attorneys for The Continental Insurance Company.

Shipman & Goodwin LLP, James Pio Ruggeri, Esq. , of counsel, 1875 K Street NW, Ste 600, Washington, District of Columbia 20006, Attorneys for The Continental Insurance Company.

Goldberg Segalla LLP, Jonathan Schapp, Esq. , Adam R. Durst, Esq. , of counsel, 665 Main Street, Buffalo, New York 14203, Attorneys for Employers Insurance Company of Wausau and Wausau Underwriters Insurance Company.

Coughlin Duffy LLP, William Corbett, Jr., Esq. , of counsel, 350 Mount Kemble Avenue, Morristown, New Jersey 07962, Attorneys for Selective Insurance Company of New York.

Gibbons P.C., Robert Malone, Esq. , of counsel, One Gateway Center, Newark, New Jersey 07102, Attorneys for Selective Insurance Company of New York.

Kenney Shelton Liptak Nowak LLP, Judith T. Shelton, Esq. , of counsel, The Calumet Building, 233 Franklin Street, Buffalo, New York 14202, Attorneys for Selective Insurance Company of New York.

Carlton Fields PA, Nora A. Valenza-Frost, Esq. , of counsel, 405 Lexington Avenue, Ste 36th Floor, New York, New York 10174, Attorneys for National Union Fire Insurance Company of Pittsburgh, PA.

Schiff Hardin LLP, Joseph M. Fisher, Esq. , of counsel, 233 S Wacker Drive, Suite 7100, Chicago, Illinois 60606, Attorneys for Catholic Mutual Relief Society of America.

Gross Shuman P.C., Robert J. Feldman, Esq. , of counsel, 600 Lafayette Court, 465 Main Street, Buffalo, New York 14203, Attorneys for Catholic Mutual Relief Society of America.

Office of the U.S. Trustee, Joseph W. Allen, Esq. , Olympic Towers, 300 Pearl Street, Suite 401, Buffalo, New York 14202, Assistant U.S. Trustee, New York State Office of the Attorney General, Diane C. Hertz, Esq. , of counsel, 28 Liberty Street, New York, New York 10005-1400, Assistant Attorney General, Woods Oviatt Gilman LLP, Timothy P. Lyster, Esq. , of counsel, 1900 Bausch & Lomb Place, Rochester, NY 14604, Attorneys for Parish Steering Committee.

Jeff Anderson & Associates, PA, Stacey Benson, Esq. , of counsel, 366 Jackson Street, Suite 100, Saint Paul, Minnesota 55101, Attorneys for Various Defendants.

Steve Boyd, PC, Stephen Boyd, Esq. , of counsel, 40 North Forest Rd., Williamsville, New York 14221, Attorneys for Various Defendants.

Law Offices of Mitchell Garabedian, Mitchell Garabedian, Esq. , of counsel, 100 State Street, 6th Floor, Boston, Massachusetts 02109, Attorneys for Various Defendants.

Chiacchia & Fleming, LLP, Daniel J. Chiacchia, Esq. , of counsel, 5113 South Park Avenue, Hamburg, New York 14075, Attorneys for Various Defendants.


DECISION & ORDER

In separate applications, the Diocese of Buffalo has moved for the establishment of a claims bar date and the referral of an adversary proceeding to mediation. Because the motions impact each other, this decision addresses both applications...

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