Archdiocese of Portland to Notify Parishioners of Class Action Lawsuit.PORTLAND, Ore. -- Catholic parishioners in the Archdiocese arch·di·o·cese n. The district under an archbishop's jurisdiction. arch di·oc of
Portland will receive notification that they are part of a class action
lawsuit class action lawsuitA lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax in the Archdiocese's bankruptcy proceedings bankruptcy proceedings n. the bankruptcy procedure is: a) filing a petition (voluntary or involuntary) to declare a debtor person or business bankrupt, or, under Chapter 11 or 13, to allow reorganization or refinancing under a plan to meet the debts of the party . On July 22, 2005, the Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. certified See certification. a class of defendants composed of parishioners and donors. The notification states:
If you are or were a member of a parish or if you have made gifts,
donations, and/or tithes to or for the benefit of any of the 124
parishes located within the territory of the Debtor, which is west
of the Cascade Mountains in Oregon ("the Territory") your rights
as a parishioner (as well as the rights of the parish) may be
affected by the Bankruptcy Case and the Lawsuit.
The lawsuit has one defendant class composed of two sub-classes. One sub-class includes all parishes with their schools and missions. The second sub-class consists of parishioners and donors. Three Catholic high schools: Central Catholic in Portland, Regis in Stayton, and Marist in Eugene are not named in this class action, but the schools are part of the property dispute litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Archbishop John G. Vlazny wrote to parishioners in June, "We have steadfastly maintained that parish property and parish money belong to the individual parishes and are not available to pay creditors of the Archdiocese. After many months, it has been determined that parishes, along with parishioners, will have a voice in the proceedings as part of a class that is to be certified."
The Notice summarizes the issue involved in the lawsuit:
The issue in this Lawsuit is whether parish churches, schools and
certain funds, defined below as the Disputed Property, are
available to pay claims against the Debtor. The Debtor contends
those assets are not available to pay claims against the Debtor.
The Notice of Class Action answers a number of questions parishioners may have concerning the lawsuit. The question: WILL I HAVE TO PAY ANY MONEY IF THE CLASS LOSES ALL OR A PART OF THE LAWSUIT? is answered: "Under no circumstances will you as a class member be liable for the payment of any money solely as a result of being a member of the class." Parishioners in the Class Action will be represented by Steven M. Hedberg, Douglas R. Pahl and Michael H. Simon of the Portland law firm Perkins Coie Perkins Coie is an influential law firm based in Seattle, Washington. The firm is number 86 on the list of the world's largest law firms by 2006 revenue and is listed as number 64 on the Fortune Magazine "100 Best Places to Work in America 2007. , LLP LLP - Lower Layer Protocol . A hearing is scheduled for October 11, 2005 at 9:30 a.m., at the U. S. Bankruptcy Court, 1001 SW Fifth Avenue, Seventh Floor, in Portland. Parishioners and other interested parties are invited to the hearing. The Notice explains to parishioners their rights as members of the class, their options and the potential consequences of those options. The Notice of Class action is posted on the web site for the Archdiocese of Portland www.archdpdx.org/bankruptcy and on the web site for the Committee of Parishes and Parishioners www.parishionerscommittee.org/index.html. Editors Please Note: A copy of the Publication Notice of Class Action is attached to this news release.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF OREGON
In re
NO. 04-37154-elp11
ROMAN CATHOLIC ARCHBISHOP OF
PORTLAND IN OREGON, and successors, a
corporation sole, dba the ARCHDIOCESE OF
PORTLAND IN OREGON,
Debtor.
-----------------------------------------
TORT CLAIMANTS COMMITTEE, Adv. Proc. No. 04-03292-elp
Plaintiff, NOTICE OF CLASS ACTION
v.
ROMAN CATHOLIC ARCHBISHOP OF
PORTLAND IN OREGON, and successors, a
corporation sole, dba the ARCHDIOCESE OF
PORTLAND IN OREGON, et al.,
Defendants.
-----------------------------------------
If you are or were a member of a parish or if you have made gifts, donations, and/or tithes TITHES, Eng. law. A right to the tenth part of the produce of, lands, the stocks upon lands, and the personal industry of the inhabitants. These tithes are raised for the support of the clergy. 2. to or for the benefit of any Catholic parish in Western Oregon This article is about the region of Western Oregon. For the University, see Western Oregon University. Western Oregon is a geographical term that is generally taken to apply to the portion of the state of Oregon that is west of the Cascade Range. that is part of the ARCHDIOCESE OF PORTLAND IN OREGON, your rights may be affected by a bankruptcy case that is pending in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Bankruptcy Court for the District of Oregon (the "Bankruptcy Court" or "Court"). The bankruptcy case is referred to as In re ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON, and successors, a corporation sole, dba the ARCHDIOCESE OF PORTLAND IN OREGON, Debtor One who owes a debt or the performance of an obligation to another, who is called the creditor; one who may be compelled to pay a claim or demand; anyone liable on a claim, whether due or to become due. , Case No. 04-37154-elp11 (the "Bankruptcy Case"). In the Bankruptcy Case, a lawsuit (Adversary Proceeding Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her. No. 04-03292-elp (the "Lawsuit") has been filed in the form of a Defendant Class Action Lawsuit. On July 22, 2005, the Court entered an order in the Lawsuit certifying a class of defendants that may include you. Class members have a choice whether to remain a member of the defendant class in the Lawsuit. Under no circumstances will any class member be liable for the payment of any money solely as a result of being a member of the class. Information regarding important procedures and deadlines, as well as information regarding the definition of the class, the class representatives appointed by the Court and rights of class members to exclude themselves from the class is contained in the full notice at http://www.archdpdx.org/bankruptcy and www.parishionerscommittee.org. Copies of selected court papers filed in the Lawsuit are also available at the above websites. All court papers can be viewed during normal business hours BUSINESS HOURS. The time of the day during which business is transacted. In respect to the time of presentment and demand of bills and notes, business hours generally range through the whole day down to the hours of rest in the evening, except when the paper is payable it a bank or by a at the United States Bankruptcy Court, 1001 S.W. Fifth Avenue, Seventh Floor, Portland, Oregon 97204. Questions may be submitted in writing to Class Counsel: Steven M. Hedberg, Douglas R. Pahl, Michael H. Simon of Perkins Coie LLP, 1120 N.W. Couch A couch, loveseat, sofa, settee, lounge, davenport or chesterfield are items of furniture for the comfortable seating of more than one person. Compare the joiner's settle, with its separate seat cushions. Street, Tenth Floor, Portland, OR 97209-4128. Email: mailto:parishclass@perkinscoie.com. Telephone: (503) 727-2121. Facsimile: (503) 727-2222. Website: www.perkinscoie.com. The Bankruptcy Court has scheduled a hearing in the Lawsuit for October 11, 2005, at 9:30 a.m. at the United States Bankruptcy Court, 1001 S.W. Fifth Avenue, 7th Floor, Portland, Oregon 97204, to consider requests by Class members to exclude themselves from the Class, to intervene and other questions pertaining per·tain intr.v. per·tained, per·tain·ing, per·tains 1. To have reference; relate: evidence that pertains to the accident. 2. to class certification. Requests to be excluded must be submitted in writing to Class Counsel and postmarked no later than October 3, 2005. Any objections, requests to intervene or other submissions pertaining to the Class must be filed with the Bankruptcy Court at the above address no later than October 3, 2005.
Dated: July 27, 2005.
Honorable Elizabeth L. Perris
United States Bankruptcy Judge
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