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Full title: Joint Motion of the Debtor and the Official Committee of Unsecured Creditors to Appoint Mediator Filed by Mark Mintz of Jones Walker, et al on behalf of The Roman Catholic Church for the Archdiocese of New Orleans (Attachments: # 1 Exhibit A - Proposed Order) (Mintz, Mark) (Entered: 07/29/2021)

Document posted on Jul 28, 2021 in the bankruptcy, 7 pages and 0 tables.

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{N4423572.2} NOW INTO COURT, through undersigned counsel, come The Roman Catholic Church of the Archdiocese of New Orleans, the above-captioned debtor and debtor-in-possession (the “Debtor” or “Archdiocese”), and the Official Committee of Unsecured Creditors (the “Original Committee”), who jointly file this Motion to Appoint Mediator (this “Motion”), pursuant to § 105(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rule 1001 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Part XVI of the Procedures for Complex Chapter 11 The bases for the relief requested herein are § 105(a) of the Bankruptcy Code, Bankruptcy Rule 1001, and Part XVI of the Complex Case Procedures.Complex Case Procedures provide that parties “may agree to mediate without Court approval any dispute arising in an adversary proceeding, contested matter, or otherwise, but no matter may be mediated by a sitting judge without first obtaining [an] Order from the Court.”In re The Diocese of New Ulm, Case No. 17-30601 (Bankr. D. Minn.);I hereby certify that a true and correct copy of this Motion is being served (a) on July 29, 2021 by email on those parties receiving electronic notice via the Court’s ECF system, (b) by e-mail or first-class United States mail, postage prepaid, on the Debtor’s insurers and the Louisiana Insurance Guaranty Association, to be sent by Donlin, Recano & Company, Inc.

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA In re: § § Case No. 20-10846 THE ROMAN CATHOLIC CHURCH § OF THE ARCHDIOCESE OF NEW § Section “A” ORLEANS, § § Chapter 11 Debtor.1 § § JOINT MOTION OF THE DEBTOR AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO APPOINT MEDIATOR A HEARING WILL BE CONDUCTED ON THIS MATTER ON AUGUST 19, 2021, AT 1:30 PM, BY TELEPHONE THROUGH THE DIAL-IN FOR SECTION A 1-888-684-8852; CONFERENCE CODE 9318283. IF YOU OBJECT TO THE RELIEF REQUESTED IN THIS PLEADING, YOU MUST RESPOND IN WRITING. UNLESS DIRECTED OTHERWISE BY THE COURT, YOU MUST FILE YOUR RESPONSE WITH THE CLERK OF THE BANKRUPTCY COURT NO LATER THAN SEVEN (7) DAYS BEFORE THE HEARING DATE. YOU MUST SERVE A COPY OF YOUR RESPONSE ON THE PERSON WHO SENT YOU THE NOTICE; OTHERWISE, THE COURT MAY TREAT THE PLEADING AS UNOPPOSED AND GRANT THE RELIEF REQUESTED. 1 The last four digits of the Debtor’s federal tax identification number are 8966. The Debtor’s principal place of business is located at 7887 Walmsley Ave., New Orleans, LA 70125. {N4423572.2}

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NOW INTO COURT, through undersigned counsel, come The Roman Catholic Church of the Archdiocese of New Orleans, the above-captioned debtor and debtor-in-possession (the “Debtor” or “Archdiocese”), and the Official Committee of Unsecured Creditors (the “Original Committee”), who jointly file this Motion to Appoint Mediator (this “Motion”), pursuant to § 105(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rule 1001 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Part XVI of the Procedures for Complex Chapter 11 Cases in the Eastern District of Louisiana (the “Complex Case Procedures”), seeking entry of an order, substantially in the form attached as Exhibit A, that (i) refers the above-captioned chapter 11 case (the “Chapter 11 Case”) to mediation, and (ii) appoints the Hon. Gregg W. Zive, a recalled judge of the United States Bankruptcy Court for the District of Nevada who also is designated to serve in the United States Bankruptcy Court for the Central District of California, as the mediator. In support of this Motion, the movants respectfully show as follows: Jurisdiction and Venue 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C. § 157(b). 2. The bases for the relief requested herein are § 105(a) of the Bankruptcy Code, Bankruptcy Rule 1001, and Part XVI of the Complex Case Procedures. Procedural Background 3. The Office of the United States Trustee (the “UST”) appointed the Original Committee on May 20, 2020 [ECF No. 94], which Original Committee was reconstituted on 2 {N4423572.2}

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June 10, 2020 [ECF No. 151], and again on October 8, 2020, to remove TMI Trust Company, Inc., in its capacity as indenture trustee for certain bonds (“TMI”) [ECF No. 478]. The Official Committee of Unsecured Commercial Creditors (the “Commercial Committee”) was appointed by the UST on March 5, 2021. [ECF Nos. 772 and 792]. Relief Requested 4. By this Motion, the Debtor and the Original Committee jointly seek entry of an order, substantially in the form attached hereto as Exhibit A, (i) referring this Chapter 11 Case to mediation, and (ii) appointing the Hon. Gregg W. Zive as mediator. Applicable Authority 5. Section 105(a) of the Bankruptcy Code empowers bankruptcy courts to “issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of [the Bankruptcy Code].” 11 U.S.C. § 105(a). “Though section 105(a) does not give the bankruptcy court carte blanche—the court cannot, for example, take an action prohibited by another provision of the Bankruptcy Code . . . —it grants the extensive equitable powers that bankruptcy courts need in order to be able to perform their statutory duties.” Caesars Entm’t Operating Co. v. BOKF, N.A. (In re Caesars Entm’t Operating Co.), 808 F.3d 1186, 1188 (7th Cir. 2015) (internal citations omitted). Bankruptcy Rule 1001 provides this Court with the discretion to manage this Chapter 11 Case in a manner that promotes resolution of the parties’ disputes insofar as it requires that the Bankruptcy Rules be construed “to secure the just, speedy, and inexpensive determination of every case and proceeding.” Fed. R. Bankr. P. 1001. 6. This Court has long recognized that appointing a mediator in complex bankruptcy proceedings can help promote the efficient resolution of the case. See Certain Underwriters at 3 {N4423572.2}

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Lloyd’s v. McDermott Int’l, Inc., No. 01-912, 2002 U.S. Dist. LEXIS 874, *5-7 (E.D. La. Jan. 4, 2002). This Court’s Complex Case Procedures provide that parties “may agree to mediate without Court approval any dispute arising in an adversary proceeding, contested matter, or otherwise, but no matter may be mediated by a sitting judge without first obtaining [an] Order from the Court.” Complex Case Procedures, Subpart XVI(A). 7. The parties have discussed and agreed that the Hon. Gregg W. Zive should be appointed as the mediator. Judge Zive is a recalled judge of the United States Bankruptcy Court for the District of Nevada, who also is designated for service in the United States Bankruptcy Court for the Central District of California. The parties have interviewed Judge Zive and agree that his extensive experience serving as a court-appointed mediator in complex bankruptcy cases involving claims of alleged sexual abuse renders him uniquely qualified to mediate this Chapter 11 Case. 8. The movants submit that Judge Zive is uniquely qualified to mediate this matter, having served as the court-appointed mediator in the following cases involving claims of alleged sexual abuse: In re Roman Catholic Bishop of Great Falls Montana, Case No. 17-60271 (Bankr. D. Mont.); In re The Diocese of New Ulm, Case No. 17-30601 (Bankr. D. Minn.); In re Diocese of Duluth, Case No. 15-50792 (Bankr. D. Minn.); In re The Roman Catholic Bishop of Stockton, Case No. 14-20371 (Bankr. E.D. Cal.); In re Society of Jesus, Oregon Province, Case No. 09-30938 (Bankr. D. Or.); In re The Catholic Bishop of Spokane a/k/a The Catholic Diocese of Spokane, Case No. 04-08822 (Bankr. E.D. Wash.); In re USA Gymnastics, Case No. 18-09108 (Bankr. S.D. Ind.); In re The Diocese of Rochester, Case No. 19-20905 (Bankr. W.D.N.Y.); and In re Roman Catholic Diocese of Harrisburg, Case No. 20-00599 (Bankr. M.D. Pa.). 4 {N4423572.2}

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9. Judge Zive has been a sitting bankruptcy judge since 1995 and has had a distinguished career on the bench. He is a Fellow of the American College of Bankruptcy Lawyers and previously served as the President of the National Conference of Bankruptcy Judges. 10. The parties and Judge Zive are working with the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Ninth Circuit in order to effectuate the intercircuit assignments required by the Judicial Conference of the United States. Conclusion 11. For the reasons set forth herein, the movants pray for the entry of an order that (i) refers this Chapter 11 Case to mediation, and (ii) appoints United States Bankruptcy Judge Gregg W. Zive as the mediator. Notice 12. Notice of this Motion is being provided to the parties identified in this Court’s Ex Parte Order Authorizing the Debtor to Limit Notice and Establishing Notice Procedures [ECF No. 22], as well as to the Debtor’s insurers and the Louisiana Insurance Guaranty Association. WHEREFORE, the movants respectfully requests entry of an order, substantially similar to Exhibit A, and such other further relief as is just. 5 {N4423572.2}

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Dated: July 29, 2021 Respectfully submitted, /s/ Mark A. Mintz ______________ R. PATRICK VANCE (#13008) ELIZABETH J. FUTRELL (#05863) MARK A. MINTZ (#31878) LAURA F. ASHLEY (#32820) Jones Walker LLP 201 St. Charles Avenue, 51st Floor New Orleans, LA 70170 Telephone: (504) 582-8000 Facsimile: (504) 589-8260 Email: pvance@joneswalker.com Email: efutrell@joneswalker.com Email: mmintz@joneswalker.com Email: lashley@joneswalker.com ATTORNEYS FOR THE ROMAN CATHOLIC CHURCH OF THE ARCHDIOCESE OF NEW ORLEANS /s/ C. Davin Boldissar ________ Omer F. Kuebel, III (La #21682) C. Davin Boldissar (La. #29094) Locke Lord LLP 601 Poydras Street, Suite 2660 New Orleans, Louisiana 70130-6036 Telephone: (504) 558-5111 Facsimile: (504) 558-5200 Email: dboldissar@lockelord.com -and- James I. Stang (CA Bar No. 94435) Linda F. Cantor (CA Bar No. 153762) Pachulski Stang Ziehl & Jones LLP 10100 Santa Monica Blvd., Suite 1300 Los Angeles, CA 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 ATTORNEYS FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS 6 {N4423572.2}

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Motion is being served (a) on July 29, 2021 by email on those parties receiving electronic notice via the Court’s ECF system, (b) by e-mail or first-class United States mail, postage prepaid, on the Debtor’s insurers and the Louisiana Insurance Guaranty Association, to be sent by Donlin, Recano & Company, Inc. (“DRC”), and (c) by e-mail or first-class United States mail, postage prepaid, on all other parties requiring service under the Court’s Ex Parte Order Authorizing the Debtor to Limit Notice and Establishing Notice Procedures [ECF No. 22], to be sent by DRC. DRC shall file a certificate of service to that effect once service is completed. /s/ Mark A. Mintz Mark A. Mintz 7 {N4423572.2}

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