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Donald C. Massey, as Settlement Trustee, filed a motion to compel production of records from the Reorganized Debtor and Reorganized Additional Debtors. The motion seeks enforcement of the confirmed plan and confirmation order, contending that the requested information is necessary for the Settlement Trustee and Abuse Claims Reviewer to perform their plan-mandated functions.
This is a live post-confirmation implementation dispute, not a routine calendar item: access to debtor records bears directly on review and administration of abuse claims through the settlement trust. The court subsequently entered an order expediting the hearing, putting the reorganized debtors’ compliance obligations before the court on an accelerated timetable.
Judge Grabill partly granted and partly denied the committee professionals’ discovery motion in the final-fee fight, preserving mediation privilege while requiring more targeted disclosures before the July 8-10 evidentiary hearing. Troutman Pepper Locke and Pachulski Stang had moved to compel the reorganized Archdiocese to answer interrogatories and produce documents after the debtor objected to their final fee applications, arguing the debtor was using mediation conduct as both sword and shield in attacking fees Motion to Compel Discovery.
At the June 23 hearing, the court ruled that mediation privilege would not be waived for settlement-offer evidence, overruled interrogatories seeking the date and value of settlement offers, and said Section 330 reasonableness will be judged based on what professionals knew contemporaneously rather than confidential mediation negotiations. The court also required subject-matter descriptions for may-call witnesses, directed the reorganized debtor to identify the specific docket entries supporting its fee objections, required a categorical privilege log for withheld non-public documents, and said future evidentiary disputes should proceed through motions in limine rather than another discovery fight Fee and Discovery Hearing.
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