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

Filing 35

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the instant action is stayed until the date of the first omnibus hearing after the Bankruptcy Court issues its decision confirming or denying confirmation of the Plan. IT IS FURTHER ORDERED all proceedi ngs against BSA and GSLAC are hereby stayed pending the resolution of the bankruptcy proceedings filed by BSA or further order from this Court. The parties shall file a joint status report on February 16, 2022, and every ninety days thereafter regarding the status of the bankruptcy proceedings in In re Boy Scouts of America, Lead Case No. 20-10343 (Bankr. D. Del. Feb. 18, 2020). Signed by Magistrate Judge John M. Bodenhausen on 11/18/2021. (ANP)

Case: 4:20-cv-00273-JMB Doc. #: 35 Filed: 11/18/21 Page: 1 of 3 PageID #: 2138

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.

)
)
)
)
)
)
)
)
)
)
)

Case No. 4:20 CV 273 JMB

MEMORANDUM AND ORDER
This matter is before the Court on the Notice of Entry of Order Approving Sixth Stipulation
by and among the Boy Scouts of America ("BSA"), the Official Committee of Survivors of Abuse
and the Official Committee of Unsecured Creditors Modifying the Consent Order Granting the
BSA's Motion for Preliminary Injunction Pursuant to 11 U.S.C. §§ 105(A) and 362 and Further
Extending the Termination Date of the Standstill Period ("Notice of Entry of Order … Further
Extending the Termination Date of the Standstill Period"). (ECF No. 34)
On March 21, 2019, Plaintiff John Doe (“Plaintiff”) originally filed this personal injury
tort action against Defendants Greater St. Louis Area Council, Boy Scouts of America, Inc.
("GSLAC"), 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
1

Case: 4:20-cv-00273-JMB Doc. #: 35 Filed: 11/18/21 Page: 2 of 3 PageID #: 2139

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 –
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 Removal1 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,
2020, through September 28, 2021. (ECF Nos. 16, 18, 27, 29, and 31)
In the Notice of Entry of Order …Further Extending the Termination Date of the Standstill
Period, BSA provides a status report on the pending bankruptcy proceeding, reporting that this

1

Neither GSLAC nor Carleton joined in the removal petition.
2

Case: 4:20-cv-00273-JMB Doc. #: 35 Filed: 11/18/21 Page: 3 of 3 PageID #: 2140

action has been and continues to be stayed as against BSA and GSLAC, up to and including the
date of the first omnibus hearing after the Bankruptcy Court issues its decision confirming or
denying confirmation of the Plan. (ECF No. 34) Accordingly,
IT IS HEREBY ORDERED that the instant action is stayed until the date of the first
omnibus hearing after the Bankruptcy Court issues its decision confirming or denying
confirmation of the Plan.
IT IS FURTHER ORDERED all proceedings against BSA and GSLAC are hereby stayed
pending the resolution of the bankruptcy proceedings filed by BSA or further order from this Court.
The parties shall file a joint status report on February 16, 2022, and every ninety days thereafter
regarding the status of the bankruptcy proceedings in 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, 2021.

3