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11-22820-rdd

Doc 254

Filed 02/14/12

Entered 02/14/12 16:37:52 Pg 1 of 2

Main Document

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. ORDER AUTHORIZING COMMITTEE TO FILE DOCUMENTS UNDER SEAL Upon the Ex Parte Motion of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing the Committee to File Documents Under Seal, dated February 10, 2012 (the Motion to Seal);1 and upon the Declaration of Ilan D. Scharf (the Scharf Declaration) attached to the Motion to Seal as Exhibit A; and the Court having jurisdiction to consider the Motion to Seal and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; and consideration of the Motion to Seal and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and the Court having determined that the legal and factual bases set forth in the Motion to Seal and the Scharf Declaration establish just cause for the relief granted herein, namely the filing of the unredacted Confidential Information described therein under seal; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that 1. 2. The relief requested in the Motion to Seal is hereby granted. Pursuant to 11 U.S.C. 105(a) and 107(b) and Fed. R. Bankr. P. 9018,

the Committee is authorized to file unredacted copies of the Confidential Material under seal. 3. The unredacted Confidential Material shall remain confidential, be filed

under seal, and shall be served on and made available only to the Debtors, the Committee, and
1

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion to Seal.

11-22820-rdd

Doc 254

Filed 02/14/12

Entered 02/14/12 16:37:52 Pg 2 of 2

Main Document

such other parties as ordered by this Court or as agreed to in writing (including by email) by the Debtors and the Committee. 4. Except as otherwise agreed to by the Debtors and the Committee, any

pleadings filed by a third party in these Cases that reference or disclose any of the redacted information contained in the Confidential Material (and descriptions thereof), unless derived from an independent source not under a confidentiality obligation or directive, shall be filed under seal and served only on those parties authorized to receive the Confidential Material as provided for in paragraph 3 of this Order, and may also be filed in a redacted form whereby any references in such pleadings to the redacted information contained in the Confidential Material (and descriptions thereof) shall also be redacted in such third parties pleadings. 5. Pursuant to 11 U.S.C. 105(a) and 107(b) and Fed. R. Bankr. P. 9018,

any parties filing pleadings in these Cases that reference or disclose any of the redacted information contained in the Confidential Material (and descriptions thereof) are hereby authorized to file such pleadings under seal consistent with the terms of paragraph above, unless otherwise ordered by this Court. Dated: White Plains, New York February 14, 2012 /s/Robert D. Drain UNITED STATES BANKRUPTCY JUDGE

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