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

Filing 290

CASE MANAGEMENT ORDER NO. 5, re 289 Stipulation. All dispositive motions shall be filed by 2/8/18. All discovery will be complete by 1/18/18. (Dkt. 230 ) ( Notwithstanding the deadlines above, the Church Defendants shall have until 5/21/18 to co mplete discovery related to the claims of Doe I. The deadline for the Church Defendants' dispositive motion(s) concerning Doe 1 is 6/25/18.) A hearing on dispositive motions in this case is set for 6/15/18 at 1:30 p.m. in Boise Courtroom 3 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 (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

JOHN DOES I-XIX, and JOHN
ELLIOTT,
Plaintiffs,
v.

Case No. 1:13-cv-00275-BLW

CASE MANAGEMENT ORDER
No. 5

BOY SCOUTS OF AMERICA, et al.,
Defendants.

In accordance with the Stipulation (Dkt. 289) entered by the parties and the
previous case management orders in this case, and to further the efficient administration
of this matter,
NOW THEREFORE IT IS HEREBY ORDERED that the following recitation
of deadlines and procedures will govern this litigation, with all prior case management
orders remaining in full force and effect except as modified by this Order:
1.

Dispositive Motion Deadline: All dispositive motions shall be filed by February
8, 2018. (Dkt. 230). This deadline will not be extended even if you are having
discovery disputes. This deadline does not include the deadline to file a motion to
amend the complaint to add a claim for punitive damages.

CASE MANAGEMENT ORDER NO. 5 - 1

a. The deadline for filing a response is 49 days from the date the motion is
filed. (The local rules give parties 21 days to file a response. The parties in
this case are given an extra 28 days.)
b. The deadline for filing a reply is 42 days from the date the response is filed.
(The local rules give parties 14 days to file a reply. The parties in this case
are given an extra 28 days.)
c. The page limit for a memorandum filed in support of a motion for summary
judgment particular to specific plaintiff(s) is 25 pages.
d. The page limit for a memorandum response to a motion for summary
judgment particular to specific plaintiff(s) is 25 pages.
e. The page limit for a memorandum reply in support of a motion for
summary judgment particular to specific plaintiff(s) is 10 pages.
f. The page limit for a separate statement of all material facts is 15 pages.
g. The page limit for a memorandum filed in support of an omnibus motion
for summary judgment is 35 pages.
h. The page limit for a memorandum response to an omnibus motion for
summary judgment is 35 pages.
i. The page limit for a memorandum reply in support of an omnibus motion
for summary judgment is 15 pages.
j. The page limit for a separate statement of all material facts is 20 pages.
k. A hearing on dispositive motions in this case is set for June 15, 2018 at
1:30 p.m. in Boise – Courtroom 3 before Judge B. Lynn Winmill.
CASE MANAGEMENT ORDER NO. 5 - 2

2.

Completion of Discovery: All discovery will be complete by January 18, 2018.
(Dkt. 230). Notwithstanding this deadline, and per the parties’ agreement,
discovery related to authentication of documents shall remain open until thirty
(30) days before trial in this matter, or such other time the parties may agree on.
After the resolution of dispositive motions, the parties shall meet and confer and
agree on the procedures for stipulating to the authenticity of documents to be used
at trial, and for discovery on documents for which authenticity cannot be
stipulated. Within ten (10) days after the resolution of dispositive motions, the
parties shall file a status update with the Court as to the parties’ negotiations on
this matter. (Dkt. 258)

3.

Notwithstanding the deadlines above, the Church Defendants shall have until May
21, 2018 to complete discovery related to the claims of Doe I. The deadline for the
Church Defendants’ dispositive motion(s) concerning Doe 1 is June 25, 2018. The
deadline for Plaintiffs to file a response is 42 days from the date the Motion is
filed. The deadline for the Church Defendants to file a reply is 28 days from the
date the Response is filed. A hearing on the Church Defendants’ Motion shall be
set by further notice.

4.

Subject to the resolution of dispositive motions, the deadline to file any motion to
consolidate cases or to add a claim for punitive damages shall be August 8, 2018.

5.

Clawback Order; Protective Order: Further discovery in this case shall be subject
to the stipulated Qualified Protective Order and Clawback Order entered in this
case. (Dkt. 149)

CASE MANAGEMENT ORDER NO. 5 - 3

6.

Scheduling of Trial and Pretrial Conference: Subject to the resolution of
dispositive motions, an initial trial date is set for May 6, 2019. A pretrial
conference shall be set by further notice.

7.

Law Clerk: The law clerk assigned to this case is Molly Danahy, and may be
reached at [phone], or [e-mail].

8.

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

CASE MANAGEMENT ORDER NO. 5 - 4

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.

9.

The Court will conduct telephonic status conferences with the parties. The Court
will set those status conferences in a separate notice.

10.

Calendaring Clerk: Scheduling matters and calendar issues may be directed to
Jamie Bracke, who may be reached at [phone]. If reassigned, consult
Judge’s web page for staff directory.

11.

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

DATED: March 13, 2018

_________________________
B. Lynn Winmill
Chief U.S. District Court Judge

CASE MANAGEMENT ORDER NO. 5 - 5