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

Filing 50

AMENDED CASE MANAGEMENT ORDER No. 1 re 49 Case Management Order - Amended Pleadings/Joinder of Parties due by 10/19/2018. Pre-Mediation Discovery due by 10/5/2018. Mediation shall take place by 12/7/2018. Fact Discovery due by 7/31/2019. Dispositiv e Motions due by 9/20/2019. Amended join Litigation Plan and Discovery Plan due by 12/14/2019 (Case Management deadline set for 12/14/2018.). The Court shall set a second Telephonic Scheduling Conference for 12/19/2018. 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 XX, JOHN DOE XXI,
JOHN DOE XXII, SHANE JULIAN and
RILEY GILROY,
Plaintiffs,
v.

Case No. 1:17-cv-00184-BLW

AMENDED CASE MANAGEMENT
ORDER
No. 1

BOY SCOUTS OF AMERICA, et al.,
Defendants.

The Case Management Order No.1 (Dkt.49) is amended to correct the dates in
paragraphs 5(a)-(b). The correct year for the deadlines in paragraphs 5(a)-(b) is 2018, not
2019. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED that the following recitation
of deadlines and procedures will govern this litigation:
1.

Dispositive Motion Deadline: All dispositive motions must be filed by September
20, 2019. 1

1

It is this Court's policy to accept only one (1) motion to dismiss and one summary judgment
motion per party. If it appears, due to the complexity or numerosity of issues presented, that counsel is
unable to address all issues within the twenty-page (20) limit for briefs, Dist. Idaho Loc. R. 7.1(b)(1), then
it is appropriate to file a motion for permission to file an overlength brief, rather than filing separate
motions for each issue. The Court prefers reviewing one over-length brief in support, one over-length
brief in response, and one 10-page reply brief, if any, rather than the panoply of briefs that are generated
when multiple motions are filed.
(Continued)

AMENDED CASE MANAGEMENT ORDER - 1

2.

Amendment of Pleadings and Joinder of Parties: Motions to amend pleadings and
join parties, except for allegations of punitive damages, must be filed on or before
October 19, 2018. This deadline will only be extended for good cause shown. 2

3.

Alternative Dispute Resolution: ADR must be held by December 7, 2018. The
parties are directed to contact Keith Bryan, the ADR Coordinator, at (208) 3349067, to schedule the conference.

4.

Discovery Plan: All discovery must be in accordance with the Federal Rules of
Civil Procedure, the Local Rules for the District of Idaho.
a. Pursuant to Fed. R. Evid. 502(d), and Section 3(h) of the parties’ stipulated
discovery plan, it is hereby ORDERED that production of a privileged or
work-product-protected document, whether inadvertent or otherwise, is not
a waiver of privilege or work-product protection in this case or in any other
federal or state proceeding.
b. The Parties have agreed to limited pre-mediation discovery:
i. Discovery produced in the Doe I case is considered produced in this
case under the same terms and conditions, and may be used to the
same extent it is used in the Doe I case.
ii. Defendant BSA will produce troop or pack rosters for any troop or
pack in which the plaintiffs or named or the alleged perpetrators
2

The Ninth Circuit has held that motions to amend filed after the Scheduling Order deadline are
governed, not by the liberal provisions of Fed. R. Civ. P. 15(a), but instead, by the more restrictive
provisions of Fed. R. Civ. P. 16(b) requiring a showing of “good cause.” Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

AMENDED CASE MANAGEMENT ORDER - 2

served as volunteers so long as BSA knows or is made aware of
relevant troop or pack numbers.
iii. BSA and Church Defendants will produce discoverable, nonprivileged documents in their possession in which the plaintiffs are
named.
iv. BSA and Church Defendants will produce discoverable, nonprivileged documents in their possession in which the alleged
perpetrators are named, to the extent such documents have not
already been produced in the Doe I case, subject to the same
limitations in the Doe I case.
v. Each plaintiff will produce medical and counseling records that postdate the date of his first alleged abuse.
vi. Defendants may depose each plaintiff prior to mediation. Each premediation deposition will be limited to 2.5 hours, and this time will
be shared by defendants. If the case does not settle at mediation,
defendants will be allowed to again depose each non-settling
plaintiff for the purpose of trial. The total deposition time for each
plaintiff will not exceed 8 hours.
vii. The parties may conduct additional discovery in advance of the
mediation either by agreement or by permission of the court.
viii. The parties will agree to maintain the confidentiality of the
information and material exchanged during the course of preAMENDED CASE MANAGEMENT ORDER - 3

mediation discovery (“Protected Information”). Protected
Information shall be used by the persons who receive such
information solely for litigation in the above-captioned lawsuit,
including appeals, and for no other purpose whatsoever.
c. Pre-mediation discovery shall be completed by October 5, 2018.
5.

Post-Mediation Deadlines: If the parties do not settle all of the claims in this
case at mediation, the following deadlines shall govern the case:
a. The parties shall meet and confer and submit amended Litigation and
Discovery Plans by December 14, 2018.
b. The Court shall set a second Telephonic Scheduling Conference for
December 19, 2018.
c. All fact discovery must be completed by July 31, 2019. This is a deadline
for the completion of all fact discovery; it is not a deadline for discovery
requests. Discovery requests must be made far enough in advance of this
deadline to allow completion of the discovery by the deadline date.

6.

Scheduling of Trial and Pretrial Conference. Plaintiff’s counsel must contact
courtroom deputy Jamie Bracke within one week following the entry of a
decision on all pending dispositive motions to make arrangements for a telephonic
trial setting conference with the Court to set pre-trial and trial deadlines. If no
dispositive motion is filed, Plaintiff’s counsel must immediately contact the
courtroom deputy within one week of the dispositive motion filing deadline to set
a telephonic trial setting conference.

AMENDED CASE MANAGEMENT ORDER - 4

7.

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

8.

Discovery Disputes:
a. The 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.

AMENDED CASE MANAGEMENT ORDER - 5

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: April 9, 2018

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

AMENDED CASE MANAGEMENT ORDER - 6