Susan V. Kelley
Chapter 11
ORDER DENYING THE DEBTOR'S MOTION TO QUASH SUBPOENA
Archdiocese of Milwaukee (the "Debtor") and Claimant A-12 are preparing summary judgment motions and briefs based on a schedule agreed to by counsel. Soon after the Debtor shared its motion and supporting affidavits, Claimant A-12 sought to take the deposition of Fr. Kenneth P. Knippel, who provided an affidavit in support of the Debtor's motion. The Debtor filed a motion to quash the subpoena, and Claimant A-12 has filed a response.
The summary judgment briefing schedule was stayed by virtue of the Court's order on motion to stay adversary proceeding entered in the Cemetery Trust litigation. Under the order, the stay was in effect until 30 days after the District Court decided the appeal of this Court's "RFRA" decision. On July 29, 2013, the District Court reversed the decision and remanded the Cemetery Trust litigation for further proceedings. On August 1, 2013, this Court issued proposed findings of fact and conclusions of law on remand, and on August 1, 2013, the District Court entered a final order and judgment. On August 12, 2013, the Creditors' Committee filed a motion to vacate the District Court's decision and a motion for the recusal of the Honorable Rudolph T. Randa from the Cemetery Trust litigation.
Having read and considered the parties' submissions in support and in opposition to the motion to quash, and noting that the proposed deponent himself has not sought to quash the subpoena, the Court concludes that under the unique circumstances of this case, Claimant A-12 should have the opportunity to depose Fr. Knippel. The Court cautions that the deposition should be scheduled promptly, at a mutually convenient date and time, and should not exceed three hours in length. To accommodate this deposition, the Court will extend the briefing deadlines between the Debtor and Claimant A-12.
IT IS THEREFORE ORDERED: the Debtor's Motion to Quash the Subpoena and related discovery is denied; and
IT IS FURTHER ORDERED: all deadlines for filing briefs in this contested matter are extended for 30 days after the completion of Fr. Knippel's deposition. If the Debtor needs additional time to file a response or reply after the deposition is taken, up to an additional 30 days may be taken without seeking leave of Court.
By the Court:
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Susan V. Kelley
U.S. Bankruptcy Judge