Doe I et al v. Boy Scouts of America et al

Filing 237

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Consolidate Case Nos. 1:13-cv-00275-BLW and 1:17-00184-BLW (Dkts. 207 , 14) is DENIED. Signed by Judge B. Lynn Winmill. Associated Cases: 1:13-cv-00275-BLW, 1:17-cv-00184-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JOHN DOES I-XIX and JOHN ELLIOTT,
Case No. 1:13-cv-00275-BLW
Plaintiffs,

MEMORANDUM DECISION AND
ORDER

v.
BOY SCOUTS OF AMERICA, et al.,
Defendants.

JOHN DOE XX, JOHN DOE XXI, JOHN
DOE XXII, SHANE JULIAN, and RILEY
GILROY,

Case No. 1:17-cv-00184-BLW
MEMORANDUM DECISION AND
ORDER

Plaintiffs,
v.
BOY SCOUTS OF AMERICA, et al.,
Defendants.
INTRODUCTION
The Court has before it Plaintiffs’ Motion to Consolidate Cases in Case Nos. 1:13cv-00275-BLW (Dkt. 207) (“Doe I”) and 1:17-00184-BLW (Dkt. 14) (“Doe XX”). For
the reasons explained below, the Court will deny Plaintiffs’ motion.
BACKGROUND
In June 2013, a set of Plaintiffs filed a case alleging that the BSA and the Church
Defendants made material misrepresentations about the safety of scouting, upon which

MEMORANDUM DECISION AND ORDER - 1

Plaintiffs relied in deciding to participate in Boy Scouts. Doe I Compl., Dkt.1. In May
2017, a separate set of Plaintiffs filed a second case involving similar allegations against
the Defendants. Doe XX Compl., Dkt. 1. 1 As a result of the alleged misrepresentations,
Plaintiffs in both Doe I and Doe XX claim they suffered serious physical, mental, and
emotional injuries from abuse they suffered at the hands of their Scoutmasters. Id.; Doe I
Compl., Dkt. 1. In Doe I, Plaintiffs only bring claims for constructive fraud against the
Defendants. In Doe XX, Plaintiffs bring claims for both constructive and actual fraud. The
parties are represented by the same attorneys in each case.
Doe I has been pending for nearly four-and-a-half years, and deadline to file
motions to amend the pleadings was April 21, 2014. From the time in which the
Complaint in Doe I was filed up until the April 21, 2014 deadline, Plaintiffs in that case
filed one amendment as a matter of right, two motions to amend the first Amended
Complaint, and a motion to amend the Second Amended Complaint (Doe I, Dkts. 5, 23,
30, and 63). In these motions, Plaintiffs sought to join additional plaintiffs. Each motion
was granted. Two years after the deadline passed, Plaintiffs in Doe I sought to amend
their Complaint to add a claim for actual fraud. (Doe I, Dkt, 69). The Court denied that
motion. (Doe I, Dkt. 119).

1

Not all Plaintiffs bring claims against both BSA and the Church Defendants in
either Doe I or Doe XX.

MEMORANDUM DECISION AND ORDER - 2

Early in the Doe I litigation, the Church Defendants filed a motion to sever
Plaintiffs’ claims, in which BSA joined. (Doe I, Dkts. 10, 16). The Court ordered that
twelve of the Plaintiffs’ claims be severed for the purposes of trial, but that all the claims
remain joined during the pre-trial phase. (Doe I, Dkt. 37). The Court may reconsider this
ruling after discovery and the filing of dispositive motions.
When Plaintiffs filed Doe XX, the case was initially assigned to a magistrate judge.
Plaintiffs filed a motion to consolidate both cases in front of this Court for “case
management and scheduling purposes.” Pl.’s Br. at 4, Dkts. 207-1, 14-1. Plaintiffs
acknowledged that Doe I had “progressed too far in the discovery process for
consolidation of discovery or pre-trial motions,” and that they were not seeking to
consolidate these cases for trial at this time. Id., Pl.’s Reply at 2, Dkts. 216, 21. On
August 2, 2017, Doe XX was reassigned to this Court for all further proceedings.
LEGAL STANDARD
For cases involving a common question of law or fact, a court may “(1) join the
cases for hearing or trial on any or all matters at issue in the actions; (2) consolidate the
actions; or (3) issue any other orders to avoid necessary cost or delay.” Fed. R. Civ. P.
42(a). “[D]istrict courts have broad discretion to consolidate complaints.” Garity v.
APWU Nat’l Labor Org., 828 F.3d 848, 856 (9th Cir. 2016). When deciding whether to
consolidate, a court weighs the potential for increased efficiency against any
inconvenience, delay, or expense consolidation would cause. Huene v. United States, 743
F.3d 703, 704 (9th Cir. 1984).

MEMORANDUM DECISION AND ORDER - 3

ANALYSIS
Plaintiffs ask that these cases be consolidated on the grounds that they involve
common questions of law or fact, and that consolidation will promote efficiency and
prevent inconsistent adjudications. Defendants argue that the facts and claims presented
by Plaintiffs in Doe XX are distinct from each other, and are distinct from the facts and
claims presented in Doe I. As with permissive joinder under Fed. R. Civ. P. 20, the
Court’s authority to consolidate cases under Rule 42(a) inheres when the actions share at
least one common question of fact or law. Fed. R. Civ. P. 42(a). There is no requirement
that all questions of law and fact be identical. Cf. Order on Def’s Motion to Sever, Doe I
at Dkt. 27. Here, each Plaintiff alleges that the Defendants made misrepresentations about
the safety of Scouting, and whether the alleged representations were false is a question of
fact common to each Plaintiff’s claim.
Plaintiffs argue that this Court’s experience presiding over Doe I gives it particular
familiarity with the parties, the procedural and factual issues underlying Plaintiffs’
claims, and issues likely to arise around case management, scheduling and discovery
throughout litigation in Doe XX. For this reason, Plaintiffs ask that the cases be combined
for “case management and scheduling purposes.” Plaintiffs advance no specific
arguments in favor of consolidation, other than the advantage of having the same judge
preside over both cases. Nor do Plaintiffs articulate how these cases should be
consolidated, other than to explain that they are not seeking consolidation for discovery,
pre-trial motions, or trial, at least at this time.

MEMORANDUM DECISION AND ORDER - 4

After Plaintiffs filed their motion, Doe XX was reassigned to this Court upon
expiration of the consent deadline. As such, both Doe I and Doe XX are now pending this
Court, rendering moot many of Plaintiffs’ arguments for consolidation. Absent any other
justification or articulated purpose for which these cases should be consolidated, the
Court finds that the potential for inconvenience or delay from consolidating Doe XX with
Doe I at this late date outweighs any benefit that might accrue. Although the Court
declines to consolidate these cases, it may still issue appropriate orders in either case to
avoid unnecessary cost, delay, or repetition of effort. Fed. R. Civ. P. 42(a)(3).
ORDER
IT IS ORDERED:
1.

Plaintiffs’ Motion to Consolidate Case Nos. 1:13-cv-00275-BLW and 1:1700184-BLW (Dkts. 207, 14) is DENIED.

DATED: November 20, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 5