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

Filing 337

ORDER TO SHOW CAUSE - IT IS ORDERED that Doe I must show cause within 10 days of the issuance of this Order why the Church Defendants are not entitled to summary judgment on the grounds that his claim is barred by the statute of limitations. 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,

ORDER TO SHOW CAUSE

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 business in Idaho,
Defendants.

Pursuant to the Court’s Order, Dkt. 324, Doe I’s claim against the LDS Church is
currently stayed, and there is no motion yet pending by the Church Defendants for
summary judgment against Doe I. Under Rule 56(f), however, the Court may “consider
summary judgment on its own after identifying for the parties material facts that may not
be genuinely in dispute.” Fed. R. Civ. P. 56(f). Before granting summary judgment

ORDER - 1

against a party sus sponte, however, the Court must give the party notice and opportunity
to respond. Id.
In the Memorandum and Decision Order issued concurrently herewith, the Court
found that Doe I knew the facts underlying his claim for constructive fraud in 2007, and
thus that his claim is barred by the statute of limitations. As such, the Court directs Doe I
to show cause why, in the absence of a genuine issue of fact as to whether his claim is
barred by the statute of limitations, the Court should not grant summary judgment to the
Church Defendants. Accordingly,
IT IS ORDERED that Doe I must show cause within ten (10) days of the
issuance of this Order why the Church Defendants are not entitled to summary judgment
on the grounds that his claim is barred by the statute of limitations.

DATED: August 31, 2018

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

ORDER - 2