Doe v. Greater St. Louis Area Council, Boy Scouts of America, Inc. et al

Filing 26

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the instant action is stayed until March 19, 2021. IT IS FURTHER ORDERED Plaintiff John Doe's Motion to Abstain and Remand (ECF No. 14 ) is Denied Without Prejudice subject to refiling pending th e outcome of the bankruptcy proceeding in the United States Bankruptcy Court for the District of Delaware. See In re Boy Scouts of America, Lead Case No. 20-10343 (Bankr. D. Del. Feb. 18, 2020). Case stayed. Signed by Magistrate Judge John M. Bodenhausen on 11/18/2020. (ANP)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN DOE, by and through his
next friend LINDA HOUSEKNECHT,
Plaintiff,
vs.
GREATER ST. LOUIS AREA COUNCIL,
BOY SCOUTS OF AMERICA, INC., et al.,
Defendants.

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Case No. 4:20 CV 273 JMB

MEMORANDUM AND ORDER
This matter is before the Court on the Status Update to Court Regarding Bankruptcy
Proceedings (ECF No. 25) and Plaintiff John Doe's Motion to Abstain and Remand (ECF No. 14).
On March 21, 2019, Plaintiff originally filed this personal injury tort action against
Defendants Greater St. Louis Area Council, Boy Scouts of America, Inc. ("GSLAC"), Boy Scouts
of America ("BSA"), and Samuel Christian Carleton ("Carleton") in the Circuit Court of St.
Francois County, Missouri. All three Defendants have been served and have filed an Entry of
Appearance (ECF Nos. 6-8)
The Petition alleges that Plaintiff, as a minor, was working as an Aquatics/Troop Counselor
for GSLAC and BSA and was the victim of sexual assaults by Carleton. Carleton, as the Aquatic
Director, held a position of authority over Plaintiff, and GSLAC and BSA are responsible for the
actions of Carleton committed while in the course and scope of his employment. (ECF No. 1-3)
The Petition consists of four state law claims, alleging that BSA and GSLAC are liable in
connection with certain personal injury torts (Count I - Agency, Count II -Negligence, Count III –

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Assault and Battery, and Count IV – Punitive Damages), stemming from the abuse Plaintiff
suffered. On February 18, 2020, all three Defendants filed separate Answers. (ECF Nos. 6-8)
BSA filed its Notice of Removal 1 removing the instant action to this Court pursuant to 28
U.S.C. §§ 1334 and 1452(a) and Rule 9027 of the Federal Rules of Bankruptcy Procedure, arguing
that this action is related to the Bankruptcy Case, and that Plaintiff's Petition arises in or arises
under the Bankruptcy Case. (ECF No. 1) "The Action is one of more than 290 similar civil actions
currently pending in state and federal courts across the country that assert personal injury tort
claims against BSA and various non-debtor co-defendants arising from the alleged abuse of a
former youth or adult member of the BSA either by an adult scouting leader, an adult volunteer,
or by another youth member (such cases and claims together, the 'Pending Abuse Actions')." (ECF
No. 1 at 2, ¶ 2)
On that same date, BSA filed for Chapter 11 bankruptcy in the United States Bankruptcy
Court for the District of Delaware ("Bankruptcy Case"). See In re Boy Scouts of America, Lead
Case No. 20-10343 (Bankr. D. Del. Feb. 18, 2020). As a result, certain personal injury actions
against BSA, including the instant case, were stayed under the automatic stay provision of 11
U.S.C. § 362(a). Additional consent orders continued to stay this instant action through May 18,
June 8, and November 16, 2020. (ECF Nos. 16, 18, and 21)
In the Status Update to Court Regarding Bankruptcy Proceedings, BSA and GSLAC report
that "[t]he Bankruptcy Court is expected to enter an order approving the Third Stipulation,
extending the stay through March 19, 2021, including non-debtor defendants such as GSLAC,
sometime during the week of November 16, 2020."

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Neither GSLAC nor Carleton joined in the removal petition.
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Given the lengthy stay granted by the bankruptcy court, the Court will deny the motion to
abstain and remand without prejudice subject to refiling once the Bankruptcy Case is closed or
dismissed; discharge is granted or denied; or the bankruptcy court terminates the automatic stay or
grants relief from it.
Accordingly,
IT IS HEREBYORDERED that the instant action is stayed until March 19, 2021.
IT IS FURTHER ORDERED Plaintiff John Doe's Motion to Abstain and Remand
(ECF No. 14) is Denied Without Prejudice subject to refiling pending the outcome of the
bankruptcy proceeding in the United States Bankruptcy Court for the District of Delaware. See
In re Boy Scouts of America, Lead Case No. 20-10343 (Bankr. D. Del. Feb. 18, 2020).
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE
Dated this 18th day of November, 2020.

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