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	Judge Orders Diocese, Plaintiffs Back to Table By Paul A. Long Kentucky Post [Covington KY] March 23, 2005 The judge overseeing the class-action lawsuit alleging the Diocese of Covington covered up a half-century of priestly sexual abuse has ordered both sides back to the bargaining table. Special Judge John Potter on Tuesday told the diocese to bring representatives of both its insurance carriers to the next settlement negotiations. Both sides should have a "representative authorized to settle," he said. Potter's comments at the end of a 90-minute hearing were the first indication that all may not be well with negotiations. The suit is being mediated by Kenneth Feinberg, the special master for the September 11th Victims Compensation Fund. Indeed, Potter noted, Feinberg hasn't been to any settlement conferences since the beginning of the year. Earlier this month, in documents filed in the lawsuit, attorneys on both sides indicated they were close to a settlement. They asked Potter to delay the trial scheduled for April 11. "While there are issues that remain to be resolved, the parties believe that those issues ultimately can be resolved, and that a settlement will be accomplished with some additional work," said the document, signed by attorneys Carrie Huff for the diocese and Robert Steinberg for plaintiffs. Because the negotiations are confidential, neither side would discuss them. Indeed, several times during the hearing on Tuesday, Huff objected to any discussion of the talks in open court. But Potter indicated that the talks may be on the verge of breaking up. He said he has stayed away from the negotiations, hoping the issues could be settled without him, and because of Feinberg's reputation in mediating hard cases. One of the problems, Potter said, is that neither side knows exactly how many people may have a claim against the diocese. Steinberg said, "There could be thousands; there could be hundreds." Steinberg objected to an exact counting now, saying to do so could violate the rights of those who have a stake but may not be willing to come forward until a settlement is reached. Anyway, Steinberg insisted, "I don't think that's a factor in what's holding up a settlement." At one point in the hearing, Potter asked if Feinberg should attend the next negotiating session, or whether a new mediator should be brought it. He ordered Steinberg to call Feinberg to determine his schedule. After a recess and a private phone call, Steinberg told Potter that Feinberg was willing to attend the next session, but only if both sides had confidence in him. Steinberg said he had confidence that Feinberg was a fair an impartial mediator. "Mr. Feinberg has been responsible for compromises on our sides," Steinberg said. But Huff said nothing either way, declaring she did not want to discuss any aspect of the negotiations. The key claim in the lawsuit is that bishops knew that priests and other employees of the diocese were sexually assaulting children, teenagers and others, but allowed it to happen and then helped cover it up. The diocese denies the cover-up claim and maintains it was simply handling the situation according to the dictates of the times. More recently, it said it wanted to reach individual settlements with victims. It has, paying out some $15 million to more than 50 victims. Before he stepped down from the bench and the case, former Boone Circuit Judge Jay Bamberger granted the class-action status over the strenuous objections of the diocese. It is the first of its kind class-action lawsuit in the country. The "class" in the class action is defined as anyone who was sexually abused or mistreated by priests or other representatives of the Covington diocese from 1956 until the present. After Bamberger's retirement, Potter, a retired circuit judge from Louisville who works as a special judge, was assigned to the case. The next hearing is set for April 8.
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