Chapter Two: Timeline

July, 2004 - Diocese settles 45 consolidated abuse claims for $7.7 million; many claims are left unresolved.

June 14, 2005 - Diocese files Declaratory Judgment Action in Hampden Superior Court against 7 insurance companies seeking to recover 7.7 million from the previous year's payout and to establish insurers' liability for the unresolved claims and new claims.

June 16, 2005 - Judge John Agostini is assigned to the case.

May 17, 2006 - The Diocese's claim against Colonial Penn Insurance Co. is dismissed. (Penn's coverage excluded sexual abuse or molestation.)

May 26, 2006 - Motion #50 by the Diocese seeks to block Nixon Peabody, LLP from representing the Massachusetts Insolvency Fund, citing potential conflict of interest because Nixon Peabody also represents dioceses.

July 19, 2006 - Motion #50 is denied.

July 20, 2006 - Motion #63 (Scheduling Order for Discovery) creates two discovery phases, the first to be completed and evaluated before the second begins. Claimant depositions to be in the second phase, if necessary.

July 21, 2006 - Order for summary judgment for Interstate Fire and Casualty. (Their coverage excluded sexual abuse or molestation.)

Aug. 3, 2006 - Motion #67 (Motion to Compel Production of Documents) filed by Insurers to force Diocese to turn over documents.

Aug. 8, 2006 - Motion #67 allowed.

Jan. 3, 2007 - Judge issues Motion #77 (Memorandum Of Decision And Order) concerning Motion # 67 (Motion to Compel Production of Documents). He orders the Diocese to begin sharing most of the 7,686 pages in question, but allows them to shield most "attorney-client privilege" documents from discovery. His decision is appealed by both parties.

Jan. 24, 2007 - Diocese files Motion #82 (Motion for a Protective Order) seeking to block disclosure of discovery documents to the public. This motion is opposed by the Insurers and the Claimants.

Feb. 13, 2007 - Judge issues Motion #86 (Memorandum Of Decision And Order) denying Motion # 82 (Motion for a Protective Order).

March 20, 2007 - State Appeals Judge Duffly affirms the Orders of Jan. 3 and Feb. 13.

Aug. 27, 2007 - Claimants make a motion (#111) to compel mediation.

Oct. 29, 2007 - Insurers and Diocese agree to non-binding mediation, with talks to begin in Feb. Insurers modify plan for depositions; face-to-face cross-examinations will be replaced by simple questionnaires.

Nov. 14, 2007 - Three additional policies providing secondary coverage for Home Insurance are found during the discovery process; Home was one of the original defendants, but had become insolvent by the time the suit was filed; two new companies (American Home Assurance Co. and National Union Fire Insurance Co.) are added to the suit.

Feb. 11, 2008 - Memorandum and Decision orders that coverage from the two new companies will partially replace coverage by the Massachusetts Insurers Insolvency Fund.

April 30, 2008 - After three months of unsuccessful mediation, the judge states that on May 23, he will order a mediated agreement process, or begin trial preparation for November.

June, 2008 - Insurers and Diocese reach agreement to dismiss the lawsuit.

July 2, 2008 - Diocese announces resolution of the lawsuit. Insurers agree to pay $8.5 million to settle sexual abuse claims, past and present, against the Diocese. $5 million will compensate 61 abuse claims through an arbitration process that will award no less than $5,000 and no more than $200,000 per claim. The remaining $3.5 million will repay the Diocese for a portion of the $7.7 million spent in 2004 to settle 46 claims.