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Case 04-37154-elp11 Doc 4949 Filed 04/04/07

Thomas V. Dulcich, OSB #80210
Margaret Hoffmann, OSB #90145
SCHWABE, WILLIAMSON & WYATT, P.C.
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone 503.222.9981
Fax 503.796.2900

Special Counsel for Debtor and Debtor-In-Possession

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF OREGON

Inre

ROMAN CATHOLIC ARCHBISHOP OF
PORTLAND IN OREGON, AND
SUCCESSORS, A CORPORATION
SOLE, dba the ARCHDIOCESE OF
PORTLAND IN OREGON,

Debtor.

Chapter 11

No.04-37154-elpll

DEBTOR'S OPPOSITION TO
OREGONIAN PUBLISHING
COMPAN'S MOTION TO INTERVENE
AND FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED
UNDER SEAL

The Roman Catholic Archbishop of Portland in Oregon, and successors, a

corporation sole, dba the Archdiocese of Portland in Oregon, the Debtor and Debtor-in-

Possession ("Debtor") submits this memorandum in response to the motion fied by non-

parties Oregonian Publishing Company and reporter Ashbel Green ("the Oregonian") to

intervene and obtain access to documents fied under seaL. (Docket Nos. 4848 and 4849.)

The Oregonian's motion constitutes an "end run" around a Protective Order

adopted by U.S. Bankrptcy Court Judge Elizabeth L. Perrs on January 14,2005.

(Docket No. 799, "Protective Order," attached as Ex AA.) Judge Perrs already has set a
briefing schedule and a hearing date on a motion with respect to that Protective Order.

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Page 1 -

OPPOSITION TO OREGONIAN'S MOTION TO
INERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/l 530824. 1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 (Docket No. 4912, "Amended Order Setting Schedule for Briefing and Hearing on

2 Debtor's Motion re Protective Order Dated Januar 14,2005, attached as Exhibit BB). In

3 view of that fact, the Distrct Court should defer ruling on the pending motion until Judge

4 Perrs has ruled, or simply deny the motion and allow Judge Perrs to make a fully-

5 informed ruling on her own Protective Order. If

6 Judge Perrs, good grounds exist to deny it.

the pending motion is not deferred to

7

8

I.

The "Facts" Asserted in the Underlying Papers and the Documents
Sought Are Subject to Protective Order of Bankruptcy Court.

9 As an initial matter, this Court should defer or deny the Oregonian's motion

10 because it seeks documents and papers with arguments based upon materials subject to an

11 existing Protective Order of Judge Perrs dated January 14,2005. The Oregonian should

12 not ask this Court to interfere with a valid, pre-existing Protective Order of Judge Perrs

13 in the Bankptcy Court. The issues raised should be resolved in the hearing already

14 scheduled before the Bankrptcy Court about that order. A brief

history of

the protective

15 order and its current procedural posture is described below.

16 On January 14, 2005, following lengthy litigation in the Bankptcy Court about

17 the scope of documents sought by various tort claimants, Judge Perrs issued a Protective

18 Order governing confidential personnel documents produced by Debtor. (Docket No.

19 799, Exhibit AA.) That order prohibited disclosure of

those documents and also allowed

20 Debtor to redact the names of any third-parties in documents relating to sexual abuse

21 allegations. (Id. at p. 2.) The order also established a procedure for parties seeking relief

22 from the order to ensure that notice and the opportnity for objection would be available

23 for both Debtor and any counsel representing individual clergy members. (Id.)

24 Two years later, in 2007, certain tort claimants gave notice that they were

25 interested in removing documents from the protection of the order. In response, Judge

26 Perrs set a briefing schedule and hearing date to decide whether to remove some or all of

Page 2 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/1530824.1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portand, OR 97204

503.22.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 the restrictions imposed by her January 14,2005 protective order. (Docket No. 4912,

2 "Amended Order Setting Schedule for Briefing and Hearing on Debtor's Motion re

3 Protective Order Dated Januar 14,2005," attached as Ex BB.) The briefing schedule

4 and hearing date set by Judge Perris of the Bankptcy Court reflect an agreement of the

5 interested parties, and allow all interested parties-including tort claimants, Debtor, and

6 counsel for individual clergy-to participate in deciding the issues. (Id.)

7 Many of sealed documents filed with this Court in relation to the estimation

8 proceeding are subject to the Protective Order that Judge Perrs issued in the Bankrptcy

9 Court and wil be evaluated in the upcoming hearing before Judge Perrs after briefing by

10 all interested parties. Certain "factual" arguments made in the papers fied in this Court

11 are purportedly based upon those documents under the Protective Order of Judge Perrs.

12 The Oregonian should not be permitted to circumvent the Bankptcy Court's order by

13 asking this Distrct Court to release documents which are subject to that order,

14 particularly when a briefing schedule and hearing date already have been scheduled by
15 the Bankptcy Court.

16 In addition to that fact, it also must be noted that the Oregonian's request affects

17 many parties, not just Debtor. Most of those parties are not part of this estimation

18 proceeding and, indeed, do not even know if the sealed documents fied with this Court

19 involve them. Many tort claimants asked to proceed with anonymity in filing claims by

20 identifying themselves only by initials, and procedures were adopted in the Bankrptcy

21 Court to ensure the confidentiality of those claimants. The Protective Order of the

22 Bankptcy Court also set up a procedure to ensure that all parties would have an

23 opportnity to make argument before any modification to the Protective Order would be

24 made. This Court should ensure that all of those interested parties have the opportnity

25 to participate in the briefing and hearing on the Protective Order by deferrng ruling, or

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Page 3 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMNTS FILED UNER SEAL

PDX/000500/07 5366/SK/L 530824. 1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 by denying the motion altogether, to allow Judge Perrs to proceed with the briefing

2 schedule and hearing date that she already has scheduled on the Protective Order.

3

II.

The Oregonian's Motion Is Moot.

4 In addition to those considerations, this Court also should deny the Oregonian's

5 motion on the ground that it is moot. The Oregonian's motion seeks "an order allowing

6 public access to all documents on which the Court wil make the estimation required by

7 Section 502( c) of the Bankptcy Code, specifically including the wrtten submissions on

8 punitive damages." (Docket 4848.) The premise of

that motion is that this Court relied
9 on sealed documents in making its estimations. In fact, this Court estimated liabilty and

10 compensatory damages by wrtten papers filed in open court or, for three of the claims,

11 by advisory proceedings conducted in open court. Although written submissions on

12 punitive damages were filed under seal, this Court ultimately made no punitive damages

13 estimations because it determined that no punitive damages were available on any of the

14 unresolved claims. In view of the fact that it seeks only documents on which this Court

15 made its estimations, and this Court made no punitive damages estimations, the

16 Oregonian's motion is moot and should be denied.

17 A brief review of the procedural history of the estimations proceedings provides

18 helpful background. In order to assess the adequacy of the cap for unresolved known tort

19 claims proposed in the Second Amended Joint Plan of

Reorganization, the Bankrptcy
20 Court referred all unresolved tort claims to this Court for estimation. Pursuant to that

21 referral, and after receiving input from all interested parties, this Court established several

22 different estimation procedures to assess the value of the unresolved claims.

23 For claims which already had been disallowed or dismissed, this Court based its

24 estimation on written submissions. (Docket No. 4906, Order at p. 2.) For unresolved tort

25 claimants with potentially viable claims, this Court established an estimation procedure

26 (1) using advisory hearings to assist in estimating liabilty and compensatory damages,

Page 4 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMNTS FILED UNER SEAL

PDX/000500/075366/SK/l

530824.

1

Attorneys at Law
Pacwst Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 and (2) using written submissions to estimate punitive damages. (Docket No. 4721.) The

2 advisory estimation hearings were open to the public. (Id. at p. 1.) The written

3 submissions relating to punitive damages claims were filed under seaL. (Id.)

4 Ultimately, this Court made three estimations using advisory hearings, with the

5 remainder of the estimations made on written submissions. This Court, however, made

6 no estimation for punitive damages for any claim. For those claims seeking punitive

7 damages which already were dismissed or denied, this Court did not reach the question of

8 punitive damages because it declined to disturb the prior court determinations which

9 found that the claims were not cognizable. (Docket No. 4906, Order at pp. 4-5.) For the

10 three claims estimated by the advisory jury proceeding, the Court did not reach the

11 question of punitive damages because it determined that two of the claims were not

12 legally viable, and that punitive damages were unavailable for the remaining claim. (Id.

13 at p. 14.) Thus, because this Court made no punitive damages estimation, and the

14 Oregonian seeks only documents on which this Court wil make its estimations, the

15 Oregonian's motion is moot and should be denied.

16 III. Compellng Interests Weigh Against Release of Documents.

17 In addition to the fact that the Oregonian's motion is moot and seeks materials

18 which wil decided by an already-scheduled hearing before Judge Perrs on her Protective

19 Order, good grounds exist to deny the Oregonian's motion. The Oregonian argues that a

20 presumption exists "in favor of

public access to court records fied in bankptcy cases."

21 (Docket No. 4849, "Memorandum in Support of

Oregonian Publishing Company's

22 Motion to Intervene and for Order Allowing Public Access to Documents Filed Under

23 Seal," at p. 6 (quoting

In re Muma Services, 279 B.R. 478, 484 (Bankr. D. DeL. 2002)).)

24 As the Oregonian acknowledges, however, an exception to that presumption exists when

25 necessary to protect parties from the circulation of libelous and defamatory materials.

26 (Id.) That exception applies in this case.

Page 5 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/l 530824. 1

Attorneys at La
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland. OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 Section 107(a) of

materials filed in
2 bankrptcy cases in order to "protect a person with respect to scandalous or defamatory

the Bankptcy Code authorizes the sealing of

3 matter contained in a paper fied in a case under this title." (Id. (quoting section 107(a)).)

4 The Ninth Circuit Court of Appeals also has identified "compellng reasons" to exist for

5 the sealing of court records when "court fies might have become a vehicle for improper

6 purposes, such as the use of records to gratify private spite, promote public scandal,

7 circulate libelous statements, or release trade secrets." Kamakana v. City and County of

8 Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (internal quotation marks and citation

9 omitted). Those compellng interests weigh against the Oregonian's motion.

10 Many of the materials submitted to this Court for estimation purposes relate to

11 unsubstantiated accusations of clergy sexual abuse. No question exists that those

12 materials are defamatory and libelous. Indeed, the Oregonian itself

recognizes the

13 extremely sensitive nature of sexual abuse allegations, as evidenced by its policy not to

14 publish the names of sexual abuse victims. (Ex. CC.) Although the Oregonian does not

15 apply that same policy to those accused of committing sexual abuse, the same

16 considerations apply. Being accused of sexual abuse-even if it is not proved-is

17 enough to ruin a reputation forever. Scandalous and defamatory material should continue

18 to be held under seaL.

19 Other considerations also strongly weigh against disclosure. The tort claims

20 against Debtor have been highly publicized, and that publicity already has resulted in the

21 criminal assertion of

fraudulent claims. For example, in Us. v. Thomas Edward Smolka,

22 CR 04-323-BR (D. Or. 2004), the defendant used public materials to create a false claim

23 of child sex abuse by a deceased priest, and was able to convince noted plaintiffs'

24 attorney David L. Slader to take his case against the Archdiocese of Portland. (See

25 Exhibit DD.) In fact, if

the United States Marshals had not arrested Smolka on an

26 unrelated charge, he very well could have successfully asserted a false claim to obtain

Page 6 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWIG PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/l 530824. 1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portand, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 money from the Archdiocese. (Ex DD.) The Oregonian itself

is aware of

this risk, as it

2 published several articles about the Smolka case. (Exs EE, FF, and GG.) The

3 Oregonian's l1otion should not be a vehicle to allow further false claims to be advanced.

4 This Distrct Court also is aware from its estimation proceedings of numerous

5 claims filed by prisoners, most of

which are of questionable validity. This Court is

6 further aware of the unfortnate predilection for litigation by persons incarcerated by

7 criminal activity, with time on their hands and knowledge of

the court system. This

8 Court is familiar with the lack of concern about peijury or contempt charges by persons

9 already incarcerated for criminal misconduct. Making public the documents fied under

10 seal wil only increase the burden on the court system of dealing with claims fied by

11 prisoners. Circulation of material about accused persons wil only make it easier to assert

12 a fraudulent, invalid claim by providing more information on which to fabricate a claim.

13 That consideration strongly support denial of

the motion under Section 107(a).

14 Finally, many of

the documents submitted to this Court for estimation purposes

15 also involve confidential information about individuals and their personal histories,

16 including individuals who have nothing to do with any abuse claims. Although many

17 documents have been redacted to protect the names of persons making abuse allegations,

18 many other documents have not been redacted or neverteless contain identifying

19 information. The privacy considerations of these individuals is another strong reason

20 supporting the denial of

the Oregonian's motion or, at minimum, supporting deferral of

21 any ruling on the motion until all affected and interested parties have the opportnity to

22 present argument to the U.S. Bankrptcy Court on the Protective Order.
23 iv. Conclusion

24 This Court should defer ruling on the Oregonian's motion, or deny it altogether to

25 avoid disturbing the briefing schedule and hearing date scheduled by Judge Perrs after

26 input from the interested parties. That briefing schedule and hearig date wil allow all

Page 7 -

OPPOSITION TO OREGONIAN'S MOTION TO
INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/l 530824. 1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

1 interested parties, many of whom are unable to participate in this proceeding, to have

2 their opportnity to be heard. Alternatively, this Court should deny the Oregonian's

3 motion on the ground that it is moot or not well-taken.

4

5 Dated this 4th day of April, 2007.

6 Respectfully submitted,
7 SCHWABE, WILLIAMSON & WYATT, P.C.

By:

Isl Thomas V. Dulcich
Thomas V. Dulcich, OSB #80210
tdulcich~schwabe.com
Margaret Hoffmann, OSB #90145
mhoffmann~schwabe.com
Facsimile: 503.796.2900
Special Counsel for Debtor and Debtor-
In-Possession

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Page 8 - OPPOSITION TO OREGONIAN'S MOTION TO

INTERVENE AN FOR ORDER ALLOWING PUBLIC
ACCESS TO DOCUMENTS FILED UNER SEAL

PDX/000500/075366/SK/l 530824. 1

Attorneys at Law
Pacwest Center

1211 SW 5th Ave., Suite 1900

SCHWABE, WILLIAMSON & WYATT, P.C.

Portland, OR 97204

503.222.9981

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of April, 2007, I served a tre copy of the

foregoing DEBTOR'S OPPOSITION TO OREGONIAN PUBLISHING COMPANY'S

MOTION TO INTERVENE AND FOR ORDER ALLOWING PUBLIC ACCESS TO

DOCUMENTS FILED UNER SEAL to the attached list of interested parties by

prepaid first-class mail or by ECF.

Isl Thomas V. Dulcich
Thomas V. Dulcich

9 - CERTIFICATE OF SERVICE
PDX/000500/075366/SK/l 530824. 1

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

James Altieri, Willam Corbett, Jr.
Robert K. Malone, Michael P. Pompeo
Drinker Biddle & Reath, LLP
500 Campus Dr.
Florham Park, NJ 07932-1047

Phoebe Joan O'Neil
1500 SW Fifth Ave., Unit 703
Portland, OR 97201

Timothy J. McNamara
Craig A. Ryan
Onebane law Firm
102 Versailes Blvd., Ste. 600
lafayette, LA 70502

Genera/Insurance Company
c/o John Spencer Stewart, Esq.
Stewart Sokol & Gray, LLC
2300 SW 1st Ave., Ste. 200
Portland, OR 97201

Wilson C. Muhlheim
Muhlheim Boyd
88 East Broadway
Eugene, OR 97401

ACE Property & Casualty
c/o Joseph A. Field
Field & Associates
610 SW Alder St., Ste. 910
Portland, OR 97205

Kevin J. Kiely, Esq.
Cable Huston Benedict et al
1001 SW 5th Ave., #2000
Portland, OR 97204

Tim Smith, Esq.
Garvey Schubert Barer
121 SW Morrison St., #1100
Portland, OR 97204-3141

Karen Belair
Law Department
Union Pacific Railroad
1400 Douglas Street, MC 1580
Omaha, NE 68179-1580

Michael J. Farrell
John L. Langslet
Martin, Bishoff, Templeton,
Langslet & Hoffman, LLP
888 SW Fifth Ave., Ste. 900
Portland, Or 97204

Aaron Munter, Executive Director
Oregon Educational
Technology Consortium
8995 SW Miley Road, #101
Wilsonvile, OR 97070

David Foraker
Greene & Markley, P.C.
1515 SW Fifth Ave., Ste. 600
Portland, OR 97201-5492

James B. Davidson
David P. Larsen
Ater Wynne, LLP
222 SW Columbia St., Ste. 1800
Portland, OR 97201

Steven M. Hedberg
Douglas R. Pahl
Perkins Coie
1120 NW Couch St., 10th Fl.
Portland, OR 97209

Thomas E. Cooney, Sr
Cooney & Crew LLP
4949 Meadows Road, Ste. 460
Lake Oswego, OR 97035

Brian Brosnahan, Esq.
Hefler Ehrman
333 Bush St.
San Francisco, CA 94104-2878

Brad T. Summers
Daniel A. Webert
Ball Janik, LLP
101 SW Main St., Ste. 1100
Portland, OR 97204

Joseph D. McDonald
Smith & McDonald LLP
110 SW Sixth Ave., #1504
Portland, OR 97204

Fred C. Ruby
Department of Justice
1162 Court Street, NE
Salem, OR 97301-4096

Bradley S. Copeland
Loren S. Scott
Arnold Gallagher Saydack Percell
Roberts & Potter, P.C.
P.O. Box 1758
Eugene, OR 97440-1758
Paulette Furness
Director of Business Affairs
Archdiocese of Portland in Oregon
2838 East Burnside
Portland, OR 97214

Holy Family Catholic Church
3732 SE Knapp
Portland, OR 97202

Wiliam Tharp
Greener Banducci Shoemaker,
P.A
815 W. Washington St.
Boise, 10 93702

Willam Savage, Esq.
Savage Bowersox Supperstein
620 SW Fifh Ave., #1125
Portland, OR 97204

- CERTIFICATE OF SERVICE

SCHABE WllUAMSON WYATT

1211 SWFIFTHAVE
SUITES 1500-1900

PORTND, OR 97204

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

Services for All Generations, Inc.
Trinity Court, lLC
c/o Fr. M. Maslowsky, Member
3825 SE 80th Ave., #104
Portland, OR 97206

Michael Dwyer
215 SW Washington, Ste. 200
Portland, OR 97204

Marilyn Podemski
2477 SW Arden Road
Portland, OR 97201

Daniel J. Gatti, Esq.
Gatti, Gatti, et al
1781 Liberty St., SE
Salem, OR 97302

James E. Jacobson, Jr.
Stafford Partners
40 Lake Bellevue, #100
Bellevue, W A 98005

BradleyO. Baker, Esq.
15545 Vilage Park Court
Lake Oswego, OR 97034

Jeffrey S. Lena
law Office of Jeffrey S. Lena
1152 Keith Ave.
Berkeley, CA 94708-1607

Erin K. Olson
2905 NE Broadway St.
Po~Iand, OR 97232-1760

David E. Prange, Esq.
111 SW 5th Ave., Ste. 2120
Portland, OR 97204

Thomas W. Stiley
Sussman Shank LlP
1000 S.W. Broadway, Suite 1400
Portland, OR 97205

Albert N. Kennedy
Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204-2099
Thomas C. Sand
James B. Hodson
Miler Nash LLP
111 SW 5th Avenue, Suite 3500
Portland, OR 97204

Dana Shelton, Recovery Specialist
Recovery Department
NOVA Information Systems, Inc.
7300 Chapman Hwy
Knoxvile, TN 37920

Scott Beckstead
P.O. Box 700
Waldport, OR 97394

N.C.C., in pro per
668 McVey Ave., #210
Lake Oswego, OR 97034

Ron Baskin, Esq.
Morgan, Lewis & Bockius LLP
101 Park Ave.
New York, NY 10178

James N. Westwood, Esq.
Stoel Rives LLP
900 SW 5th Ave., Ste. 2600
Portland, OR 97204

Michael D. Prough
Brian E. Sims
Morison~Knox Holden, et al
500 Ygnacio Valley Rd., Ste. 450
Walnut Creek, CA 94596

Catherine Travis
lane Powell Spears LUbersky LLP
601 SW 2nd Avenue, Suite 2100
Portland, OR 97204-3158

Jeffrey Werstler
Internal Revenue Service
Special Procedures Unit
1220 SW Third Avenue
Portland, OR 97204

Michael S. Morey
Lakeside Plaza
8 North State Street
Lake Oswego, OR 97034

Peter C. McKittrick
Farleigh, Wada & Witt, P.C.
121 SW Morrison St, Ste 600
Portland, OR 97204-3192

Linda Boyle
Time Warner Telecom, Inc.
10475 Park Meadows Drive, #400
Littleton, CO 80124

Steven C. Berman
Stoll Stoll Berne Loktin9 & Sh/achter P
209 SW. Oak Street, Fifth Floor
Portland, OR 97204

- CERTIFCATE OF SERVICE

SCABE

WiLliAMSON

WYATT

1211 SWFIFTHAVE
SUIS 1500190

. PORTND, OR 97204

Case 04-37154-elp11 Doc 4949 Filed 04/04/07

Robert J. Vanden Bos
Vanden Bos & Chapman
319 S.w. Washington St, Suite 520
Porland, OR 97204

James A. Hayes Jr.
Cummins & White LLP
2424 SE Bristol St, Ste 300
Newport Beach, CA 92660

Kevin K. Strever
Wiliam A. Barton
Barton & Strever, PC
P.O. Box 870
Newport, OR 97365

Robert Milner
Kevin P. Kamraczewski
Sonnenschein, Nath & Rosenthal
8000 Sears Tower
Chicago, IL 60606

L. Martin Nussbaum
Rothgerber Johnson & Lyons LLP
Wells Fargo Tower, Suite 1100
90 South Cascade Avenue
Colorado Springs, CO 80903

Eric J. Neiman
Heather Van Meter
Willams Kastner & Gibbs, PLCC
888 SW 5th Ave, Ste 600
Portland, OR 97204-2025

Scott L. Jensen
Brownstein Rask, et al
1200 S. W. Main Street
Portland, OR 97205-2040

David Levant
Stoel Rives, LlP
One Union Square, Ste 3600
600 University Street
Seattle, WA 98101-3197

Paul E. DuFresne
5135 SW 85th Avenue
Beaverton, OR 97225

Neil T. Jorgenson
Attomey at Law
520 SW 6th Ave, Suite 820
Portland, OR 97204

Margaret M. Anderson
Patrick M. Jones
Lord, Bissell & Brock, LLP
115 South LaSalle Street
Chicago, IL 60603

Katherine K. Freberg, Esq.
Freberg & Associates
8001 Irvine Center Dr. #1070
Irvine, CA 92618

Gary A. Bisaccio
2125 SW 4th Ave, Ste 600
Portland, OR 97201

Pamela Griffth
U.S. Trustee's Office
620 SW Main Street, Rm. 213
Portland, OR 97205

Karl/. Mullen
Law Firm of Karl /. Mullen
8225 SW Fairway Drive, #100
Portland, OR 97225

Thomas w. Brown
Cosgrave Vergeer Kester, lLP
805 SW Broadway, 8th Floor
Portland, OR 97205

Richard C. Josephson
Stephen A. Redshaw
Stoel Rives LLP
900 SW 5th Ave, Ste 2600
Portland, OR 97204-1268

Richard Anderson
Anderson & Monson
Park Plaza West, Suite 460
10700 SW Beaverton-Hilsdale
Beaverton, OR 97005

Edwin A. Harden
Todd A. Hanchett
Baren Liebman LLP
601 SW Second Avenue, Suite 2300
Portland, Oregon 97204

- CERTIFICATE OF SERVICE

SCABE WILLIAMSON WYATT

1211 SW FIFTH AVE
SUITES 1500-1900

. PORTND, OR 97204