In re: The Roman Catholic Bishop of Oakland Insurance Adversary Proceeding Litigation

CourtDistrict Court, N.D. California
DecidedMarch 18, 2024
Docket3:24-cv-00709
StatusUnknown

This text of In re: The Roman Catholic Bishop of Oakland Insurance Adversary Proceeding Litigation (In re: The Roman Catholic Bishop of Oakland Insurance Adversary Proceeding Litigation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: The Roman Catholic Bishop of Oakland Insurance Adversary Proceeding Litigation, (N.D. Cal. 2024).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 In re: THE ROMAN CATHOLIC BISHOP Case Nos. 3:24-cv-00709-JSC OF OAKLAND, a California corporation 3:24-cv-00711-JSC 8 sole, Debtor. Bankruptcy Case No.: 23-40523 WJL 9 Adv. Proc. No.: 23-04028 WJL ___________________________________ 10

11 THE ROMAN CATHOLIC BISHOP OF OAKLAND, ORDER RE: MOTIONS TO 12 WITHDRAW REFERENCE Plaintiff, 13 v. 14 PACIFIC INDEMNITY, a Delaware 15 corporation; TRAVELERS CASUALTY & SURETY COMPANY F/K/A AETNA 16 CASUALTY & SURETY COMPANY, a Connecticut corporation; INSURANCE 17 COMPANY OF NORTH AMERICA, a Delaware corporation; UNITED STATES 18 FIRE INSURANCE, a Delaware corporation; WESTPORT INSURANCE 19 CORPORATION, a Delaware corporation; CONTINENTAL CASUALTY COMPANY, 20 a Delaware corporation; PACIFIC EMPLOYERS INSURANCE, a Delaware 21 corporation; WESTCHESTER FIRE INSURANCE COMPANY, a Pennsylvania 22 corporation; the CALIFORNIA INSURANCE GUARANTEE 23 ASSOCIATION, a state entity; and CERTAIN UNDERWRITERS AT 24 LLOYD’S, LONDON, SUBSCRIBING SEVERALLY AND NOT JOINTLY TO 25 SLIP NOS. CU 1001 AND K 66034, Defendants. 26

27 1 The Roman Catholic Bishop of Oakland brought a declaratory relief action in the United 2 States Bankruptcy Court for the Northern District of California against numerous insurers 3 (collectively “the Underwriters”) seeking a coverage determination regarding the Underwriters 4 obligation to defend the Plaintiff against numerous state court actions, as well as a claim against 5 the California Insurance Guarantee Association (CIGA). Defendants’ motions to withdraw the 6 reference from bankruptcy court to district court under 28 U.S.C. § 157(d) are now pending before 7 the Court in two separately filed actions. See Case Nos. 24-709, 24-711. Plaintiff filed statements 8 of non-opposition in each. (No. 24-709, Dkt. Nos. 5, 6; No. 24-711, Dkt. No. 2.1) After carefully 9 considering the parties’ briefs and the relevant legal authority, the Court concludes oral argument 10 is unnecessary, see Civ. L.R. 7-1(b), VACATES the March 21, 2024 hearing, and GRANTS the 11 unopposed motions to withdraw the reference. 12 BACKGROUND 13 The Roman Catholic Bishop of Oakland is facing over 300 state court actions alleging 14 negligent supervision and negligent hiring of clerical and ministerial staff who perpetrated sexual 15 abuse against certain claimants. In response to these actions, on May 8, 2023, the Roman Catholic 16 Bishop of Oakland filed a voluntary chapter 11 petition in the United States Bankruptcy Court for 17 the Northern District of California. See In re the Roman Catholic Bishop of Oakland, No. 23- 18 40523. The following month, the Roman Catholic Bishop of Oakland filed the underlying 19 Adversary Proceeding against the Underwriters and CIGA. See In re the Roman Catholic Bishop 20 of Oakland, Adv. Proc. No. 23-04028 (“the Coverage Action”). 21 In the Coverage Action, Plaintiff brings state law claims regarding the Underwriters’ 22 obligation to provide coverage to Plaintiff in its defense of the state court actions and a declaratory 23 judgment regarding CIGA’s statutory obligations related to the same. Defendants moved to 24 dismiss the complaint and filed a jury demand. The Bankruptcy Court has since granted the 25 motion to dismiss and briefing on a third round of motions to dismiss is currently pending in the 26 Bankruptcy Court. Along with moving to dismiss the third amended complaint, Defendants filed 27 1 the now pending motions to withdraw the reference. 2 DISCUSSION 3 District courts have “original but not exclusive jurisdiction” over all bankruptcy 4 proceedings. See 28 U.S.C. § 1334(b). These proceedings fall into one of two categories: “core 5 proceedings, in which the bankruptcy court may enter appropriate orders and judgment,” and 6 “non-core proceedings, which the bankruptcy court may hear but for which it may only submit 7 proposed findings of fact and conclusions of law to the district court for de novo review.” Sec. 8 Farms v. Int’l Brotherhood of Teamsters, Chauffers, Warehousemen & Helpers, 124 F.3d 999, 9 1008 (9th Cir. 1997) (quoting 28 U.S.C. § 157). “Actions that do not depend on bankruptcy laws 10 for their existence and that could proceed in another court are considered ‘non-core.’” Sec. Farms 11 v. Int’l Bhd. of Teamsters, Chauffers, Warehousemen & Helpers, 124 F.3d 999, 1008 (9th Cir. 12 1997). 13 Pursuant to 28 U.S.C. § 157(d), a district court may withdraw reference to the bankruptcy 14 court. See 28 U.S.C. § 157(d). The provision provides for both permissive and mandatory 15 withdrawal. Id. Mandatory withdrawal is required if “resolution of the proceeding requires 16 consideration of both title 11 and other laws of the United States regulating organizations or 17 activities affecting interstate commerce.” Id. Permissive withdrawal, as sought here, requires a 18 showing of “cause.” 28 U.S.C. § 157(d). “In determining whether cause exists, a district court 19 should consider the efficient use of judicial resources, delay and costs to the parties, uniformity of 20 bankruptcy administration, the prevention of forum shopping, and other related factors.” Sec. 21 Farms, 124 F.3d at 1008. 22 Defendants contend withdrawal is appropriate here because the Coverage Action involves 23 exclusively non-core state law claims that do not arise under bankruptcy law and for which 24 Defendants have demanded a jury trial. Plaintiff does not oppose withdrawal of the reference 25 because it seeks adjudication of the claims alleged in the Coverage Action as soon as possible. 26 (No. 24-709, Dkt. Nos. 5 at ¶ 7; No. 24-711, Dkt. No. 2 at ¶ 7.) The Court concludes there is 27 good cause with withdraw the reference here. 1 A. Judicial Efficiency 2 Judicial efficiency favors withdrawal of the reference. The Court’s analysis here begins 3 with the question of whether Plaintiff’s claims are core or non-core “since it is upon this issue that 4 questions of efficiency and uniformity will turn.” Hjelmeset v. Cheng Hung, No. 17-CV-05697- 5 BLF, 2018 WL 558917, at *3 (N.D. Cal. Jan. 25, 2018). Because bankruptcy judges are not 6 Article III judges, “the Constitution limits their ability to adjudicate—i.e., to render a final 7 judgment—to issues that are at the ‘core’ of the bankruptcy power.” In re Harris, 590 F.3d 730, 8 737 (9th Cir. 2009). For core matters, “the statute empowers the bankruptcy judge to enter final 9 judgment on the claim, subject to appellate review by the district court.” Exec. Benefits Ins. 10 Agency v. Arkison, 573 U.S. 25, 34 (2014). However, “[i]f a matter is non-core, and the parties 11 have not consented to final adjudication by the bankruptcy court, the bankruptcy judge must 12 propose findings of fact and conclusions of law.” Id. The district court may then enter a final 13 order or judgment “after considering the bankruptcy judge’s proposed findings and conclusions 14 and after reviewing de novo those matters to which any party has timely and specifically 15 objected.” 28 U.S.C. § 157(c)(1).

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In re: The Roman Catholic Bishop of Oakland Insurance Adversary Proceeding Litigation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-roman-catholic-bishop-of-oakland-insurance-adversary-proceeding-cand-2024.