Professional Documents
Culture Documents
Melanie Battle
Transcript Services:
Jonny B. Nordhagen
Nordhagen Court Reporting
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Proceedings recorded by electronic recording;
transcript produced by reporting service.
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APPEARANCES OF COUNSEL
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J. FORD ELSAESSER
KATIE ELSAESSER
Attorneys at Law
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Sandpoint, ID
83864
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MICHAEL A. PATTERSON
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Attorney at Law
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Seattle, WA 98121
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BRUCE ANDERSON
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Attorney at Law
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Coeur d'Alene, ID
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83815
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JAMES R. MURRAY
Attorney at Law
Washington, DC
20006
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JAMES I. STANG
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ILAN D. SCHARF
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Attorney at Law
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Los Angeles, CA
90067
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MILTON DATSOPOULOS
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MOLLY K. HOWARD
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Attorneys at Law
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Missoula MT
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59802
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Attorney at Law
Spokane, WA
99207
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CRAIG VERNON
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DOUGLAS PIERCE
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Attorneys at Law
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Coeur D'Alene, ID
83814
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SUSAN G. BOSWELL
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Attorney at Law
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Tucson, AZ
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85701
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BRIAN J. SMITH
Attorney at Law
Missoula, MT 59802
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BRADLEY J. LUCK
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Attorney at Law
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Missoula, MT 59802
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MICHAEL P. POMPEO
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Attorney at Law
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New York, NY
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10036-2714
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ROBERT M. VINCI
Attorney at Law
Florham Park, NJ
07932-1047
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RUSSELL W. ROTEN
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Attorney at Law
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GARY DYER
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U.S. TRUSTEE
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I N D E X
WITNESS:
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PAGE:
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- - -
presiding:
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THE COURT:
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UNIDENTIFIED SPEAKER:
Good morning.
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UNIDENTIFIED SPEAKER:
Good morning.
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THE COURT:
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Good morning.
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appropriately.
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If the
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And
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Mr. Murray.
Court.
THE COURT:
MR. MURRAY:
Jim
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of the debtor.
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settlements.
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five agreements.
Let me just take one minute to talk a little bit
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The policies
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hotly contested.
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Even
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risky proposition.
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We would have
And that's a
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awhile ago.
And
the country.
Great American
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diocese.
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Indeed,
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American would not have paid a penny more than they did
pay.
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give a policy buyback, and then we can hold out hope for a
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channeling injunction.
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THE COURT:
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Cathy
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THE COURT:
Good morning.
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MS. SUGAYAN:
I'm here.
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settlement.
THE COURT:
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MS. SUGAYAN:
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THE COURT:
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Thank you.
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THE COURT:
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rules as well as 363 of the code and 6004, and I'll approve
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it as requested.
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MR. ELSAESSER:
Your
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that point to the committee and the U.S. trustee and then
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already on file.
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THE COURT:
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Thomas.
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MR. ELSAESSER:
Honor.
THE COURT:
Unless I hear
representative.
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you would.
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MR. ELSAESSER:
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THE COURT:
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THE CLERK:
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Okay.
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THE WITNESS:
bishop of Helena.
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THE COURT:
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Mr. Elsaesser.
DIRECT EXAMINATION
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BY MR. ELSAESSER:
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Q.
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Okay.
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A.
Q.
A.
Q.
Okay.
A.
I do.
Q.
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before?
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A.
That is correct.
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Q.
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against the diocese, did not vote for, vote for or against
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the plan.
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A.
That is correct.
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Q.
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the plan?
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A.
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Q.
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A.
Yes, I do.
Q.
Okay.
A.
Q.
Okay.
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A.
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THE WITNESS:
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THE COURT:
Certainly.
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THE WITNESS:
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decades.
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respected.
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litigation.
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litigation.
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public forum I'm deeply grateful for the work of Mr. Milt
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model."
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enemy of the church, and it's very possible that once this
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enforcement.
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THE COURT:
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MR. ELSAESSER:
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Thank you.
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MR. DATSOPOULOS:
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acrimonious battle.
these clients.
THE COURT:
THE WITNESS:
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MR. ELSAESSER:
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Court.
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timely.
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together.
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belief that that's all they really had to do, they didn't
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THE COURT:
Thank you.
to the motion?
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THE COURT:
I hear none.
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long.
I perceive no prejudice.
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That's
stay relief.
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MR. ELSAESSER:
THE COURT:
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MR. PATTERSON:
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At this
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Thank you.
Good morning, Your Honor.
Mike
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almost three and a half years ago, when the diocese was put
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cases around the United States, that the process that had
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At
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diocese.
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2013.
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We received their
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litigation.
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victims.
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addressed those.
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And it's
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been horrific.
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believe that this is the best result that could have been
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achieved.
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not without its debate and without its argument, but it's
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manner.
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It certainly was
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church and tell you that the aftermath of those cases, the
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those.
So I wholly support, on behalf of the Diocese of
a case that could have been very, very contentious and very
THE COURT:
I applaud the
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Mr. Elsaesser?
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THE COURT:
Mr. Stang?
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MR. STANG:
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I felt
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most of the cases have had much more litigation than this
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abuse.
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litigated with the committee and with the debtor solely for
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concluded, for the most part, more quickly than most of the
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others, but there was a road leading here, and that road
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survivors.
think over the course of this case, there may have been two
And
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is a generational crime.
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members as well.
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And
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constituency.
them.
If
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And it was
The nonmonetary
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negotiation.
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referred to.
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Very few.
can tell you that Judge Kelley in Milwaukee wishes she was
represented them.
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THE COURT:
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Ms. Boswell.
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MS. BOSWELL:
For the
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this chapter to an end both for the survivors and for all
settlement here.
injunction.
And as
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cases that have been filed for diocese and religious orders
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been approved.
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diocese.
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Were
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consider.
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request that the Court approve the plan that does contain
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THE COURT:
That's fine.
MS. BOSWELL:
MR. SMITH:
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the defendants.
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suffered.
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THE COURT:
Thank you.
UNIDENTIFIED SPEAKER:
Court.
First of all,
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process.
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concluded.
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THE COURT:
Mr. Anderson.
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MR. ANDERSON:
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things that were seen after that first plan was filed.
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This is definitely a
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THE COURT:
I have done so
Correct.
Yes.
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MR. ANDERSON:
Very good.
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as an order.
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today.
THE COURT:
UNIDENTIFIED SPEAKER:
All right.
Your Honor, Paragraph 19
dealt with the situation where people who were abused have
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representatives.
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THE COURT:
Yes.
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UNIDENTIFIED SPEAKER:
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And I had
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change of 19(c).
THE COURT:
Thank you.
UNIDENTIFIED SPEAKER:
conservator or guardian.
court.
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THE COURT:
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UNIDENTIFIED SPEAKER:
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agreement.
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it signed around today and we'll have that filed with the
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Court.
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THE COURT:
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UNIDENTIFIED SPEAKER:
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All right.
That's all I have, Your
Honor.
THE COURT:
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UNIDENTIFIED SPEAKER:
THE COURT:
All right.
Thank you.
Anyone else need to be
THE COURT:
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were filed.
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for confirmation.
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me in final form.
In doing so and in confirming the plan, I will
I have evaluated
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authorities, both cited and those that were not cited, and
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alternative.
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otherwise.
the case.
on.
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some observations.
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other issues.
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results from what you have all described here today, which
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achievement.
that not only addressed the financial aspects and the legal
nonmonetary relief.
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but some closure and some other less tangible but certainly
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noted.
unintentional.
you've achieved.
If you can
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We're adjourned.
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* * * * *
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C E R T I F I C A T E
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ability.
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__________________________________
___________
Jonny B. Nordhagen
03/15/15
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