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

Filing 250

STATUS REPORT AND SUPPLEMENTAL CASE MANAGEMENT ORDER - Status Report due by 12/20/2018. Telephonic Status Conference set for 12/22/2018 10:00 AM in Boise Chambers before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (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 DOE I-XIX and JOHN ELLIOTT,
Case No. 1:13-cv-00275-BLW
Plaintiffs,
v.
BOY SCOUTS OF AMERICA, a
congressionally chartered corporation
authorized to do business in Idaho;
CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a
foreign corporation sole registered to do
business in Idaho; and CORPORATION
OF THE PRESIDENT OF THE
CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS AND
SUCCESSORS, a foreign corporation
registered to do business in Idaho,

STATUS REPORT AND
SUPPLEMENTAL CASE
MANAGEMENT ORDER

Defendants.

The Court held a status conference with the parties on December 8, 2017.
Pursuant to the agreements reached therein,
NOW THEREFORE IT IS HEREBY ORDERED that the following
supplemental deadlines and procedures will govern this litigation:
1.

The parties shall meet and confer to agree on a procedure for stipulating to the
authenticity of documents produced in discovery. In the Court’s experience, there

SUPPLEMENTAL CASE MANAGEMENT ORDER - 1

is an assumption that documents produced in discovery are authentic. However,
the nature of the documents produced in this case presents an unusual situation
which requires that the parties be provided an opportunity to identify any
documents for which authenticity cannot be stipulated, or which are not otherwise
self-authenticating under FRE 902. The parties shall file a status report with the
Court on or before December 20, 2018, which outlines the agreed-upon
procedures.
2.

Defendants agree not to disclose the filing status of any Doe Plaintiff to any third
party, including potential witnesses, without good reason. Should Defendants
determine that good reason exists to disclose the filing status of any Doe Plaintiff
to a third party, Defendants shall make a record of that disclosure and the reason
asserted. Upon a showing of good cause, and by order of the Court, Defendants
shall produce such records for in camera review.

3.

The parties shall meet and confer to exchange information regarding the 52
alleged pedophiles identified by Plaintiffs in the BSA IV files, including
birthdates, if known, and the time-period and geographic area relevant to each
individual. The LDS Defendants shall conduct a review of Church membership
records to determine (1) whether any such individual was a member of the LDS
Church, and (2) to what geographic ward any such individual was assigned during
the relevant time-period.

SUPPLEMENTAL CASE MANAGEMENT ORDER - 2

4.

The Court will conduct a telephonic status conference with the parties on
December 22, 2018 at 10:00 a.m. At this conference, the parties shall be prepared
to discuss the following items:
(1) The procedure for authenticating documents identified in discovery.
(2) The RFP served by Plaintiffs on the BSA Defendants asking for “any Troop
Roster and any documents related to any Idaho Perpetrator for whom an IV file
is maintained, whether or not the name of the Perpetrator is shown on the
Roster, and whether or not a plaintiff was a member of the troop,” as well as
the BSA Defendants’ response to the RFP.
(3) The process and effort that would be necessary for the LDS defendants to
determine whether any of the 52 alleged pedophiles, identified by the Plaintiffs
and confirmed through the above-mentioned review to have been members of
the LDS Church and part of a specific geographic ward, were assigned to
scouting during the relevant time period.

5.

During the status conference, the Plaintiffs also raised a question regarding
discovery sanctions related to the production by BSA of a roster for Cub Scout
Pack 410. The Court declined to address this issue in conference, but instructed
that Plaintiffs could pursue this issue by motion.

6.

Law Clerk: The law clerk assigned to this case is Molly Danahy, who may be
reached at [phone].

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7.

Discovery Disputes:
a. I will not refer this case to a magistrate judge for resolution of discovery
disputes and non-dispositive motions. I will keep these motions on my own
docket.
b. The parties will strictly comply with the meet and confer requirements of
Local Rule 37.1 prior to filing any discovery motions.
c. In addition, I will not entertain any written discovery motions until the
Court has been provided with an opportunity to informally mediate the
parties’ dispute. To facilitate that mediation, the attorneys will first contact
Molly Danahy, the law clerk assigned to this case, and shall provide her
with a brief written summary of the dispute and the parties’ respective
positions. Ms. Danahy may be able to offer suggestions that will resolve
the dispute without the need of my involvement. If necessary, an off-therecord telephonic conference with me will then be scheduled as soon as
possible. I will seek to resolve the dispute during that conference and may
enter appropriate orders on the basis of the conference. I will only
authorize the filing of a discovery motion and written briefing if we are
unable to resolve the dispute during the conference.
d.

Prior to filing any discovery motions, counsel must certify, not only that
they have complied with Local Rule 37.1, but that they have complied with
the foregoing procedures.

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8.

Calendaring Clerk: Scheduling matters and calendar issues may be directed to
Jamie Bracke, who may be reached at [phone].

9.

Docketing Clerk: If you have a docketing question, please contact a docket clerk at
[phone].

DATED: December 13, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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