Doe I et al v. Boy Scouts of America et al
| John Doe I, John Doe II, John Doe III and John Doe IV |
| Boys Scouts of America, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints and Corporation of the President of the Church of Jesus Christ of Latter-Day Saints and Successors |
| 1:2013cv00275 |
| June 24, 2013 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
589
MEMORANDUM DECISION AND ORDER. The motion to excludedefense experts' testimony (docket no. 433 ) is GRANTED IN PART AND DENIED IN PART. The motion in limine based on rulings from the Court's summary judgment decision (docket no. 435 ) is DENIED. Signed by Judge B. Lynn Winmill. (alw)
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Filing
579
MEMORANDUM DECISION AND ORDER. The motion to exclude Rumel summary (docket no. 401 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (alw)
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Filing
572
MEMORANDUM DECISION AND ORDER. It is hereby ORDERED, that the motion to exclude re settlement agreement (docket no. 402 ) is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent it seeks to exclude evidence of Doe XII's finan cial or mental state, including that (1) he was a "drowning man," (2) he was crying, and (3) he asked for the Church's help in finding a job. The motion is also granted to the extent it seeks to exclude evidence that the Church's Representative stated that the offer was non-negotiable and failed to advise Doe XII to seek the advice of counsel. The motion is denied in all other respects.. 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)
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Filing
559
MEMORANDUM DECISION AND ORDER. The motion to exclude evidence of post-abuse conduct (docket no. 359 ), the motion to exclude pre-1966 conduct (docket no. 360 ), and the motion re post-representation evidence (docket no. 381 ) are DENIED without prejudice to the rights of defendants to raise objections to the evidence at trial. Signed by Judge B. Lynn Winmill. (alw)
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Filing
549
MEMORANDUM DECISION AND ORDER. Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints and Successors, & Corporation of the Presiding Bishop of the Churchof Jesus Christ of Latter-Day Saints' Motion in Limine Re: Emotional Distress andOther Personal Injury (Non-Pecuniary) Damages (Dkt. 398 ) is DENIED. Defendant Boy Scouts of America's Motion in Limine Re Available Damages(Dkt. 471 ) is DENIED. Signed by Judge B. Lynn Winmill. (alw)
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Filing
538
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that the motion to exclude the perpetrators and other unnamed wrongdoers from the verdict form (docket no. 429 ) is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED, that the motion to exclude Libey witnesses (docket no. 382 ) is DENIED. Signed by Judge B. Lynn Winmill. (alw)
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Filing
476
CASE MANAGEMENT ORDER ( Jury Pool to report 5/3/2019 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Jury Selection set for 5/6/2019 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Jury Trial set for 5/6/2019 01:30 P M in Boise - Courtroom 3 before Judge B. Lynn Winmill. Pretrial Conference set for 4/17/2019 03:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill.) The pretrial conference for Doe XII shall be July 16, 2019, at 1:30 p.m. The trial date shall be July 29, 2019, at 1:30 p.m.. 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)
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Filing
455
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that the motions in limine (docket nos. 357 , 361 & 374 ) are DENIED. IT IS FURTHER ORDERED, that counsel shall be prepared to address the questions listed in this decision at the hearing now s et for March 22, 2019. IT IS FURTHER ORDERED, that the hearing on March 22, 2019, shall proceed as follows: The first 1.5 hours shall be devoted to argument on plaintiffs motion to amend the complaint to add punitive damages (docket no. 383 ), and the remainder of the time (1.5 hours) shall be spent addressing the questions listed above and any other evidentiary or trial concerns. Signed by Judge B. Lynn Winmill. (alw)
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Filing
419
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that plaintiffs' motion for reconsideration of consolidation and to determine trial order (docket no. 386 ) is GRANTED. IT IS FURTHER ORDERED, that defendants' motion to bifurcate (docket no. 348 ) is GRANTED. Signed by Judge B. Lynn Winmill. (alw)
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Filing
355
ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the Stipulations (docket nos. 350 , 351 & 352 ) are APPROVED, and the claims of John Doe I, John Doe II and John Doe V, including all claims that were or might have been brought, are DISMISSED WITH PREJUDICE with each party to bear their own respective costs and fees. 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)
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Filing
349
MEMORANDUM DECISION AND ORDER It is hereby ORDERED, that the BSA's motion to exclude testimony of Schoener (docket no. 316 ) is GRANTED IN PART AND DENIED IN PART. It is further ORDERED, that the LDS Church's motion to exclude testimony of Schoener (docket no. 306 ) is GRANTED IN PART AND DENIED IN PART. 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)
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Filing
347
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that BSA's motion to exclude testimony of Dworin (docket no. 317 ) is GRANTED IN PART AND DENIED IN PART. The LDS Church's motion to exclude testimony of Dworin (docket no. 305 ) is GRANTED IN PART AND DENIED IN PART. 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 (km)
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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)
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Filing
302
MEMORANDUM DECISION AND ORDER- Defendant's Motion for Reconsideration (Dkt. 256 ) is DENIED. 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)
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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)
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Filing
287
STATUS REPORT AND ORDER (Subject to the resolution of dispositive motions, an initial trial date is set for 4/15/19 in the above captioned case. The LDS Defendants will work with Plaintiffs counsel to set an expedited briefing schedule for any disp ositive motion against Doe I. The parties shall file a stipulated schedule by 5:00 p.m. on 2/16/18. The hearing on all other dispositive motions shall be set for hearing during the week of 6/11/18. Subject to the resolution of dispositive motions, th e deadline to file any Motion to Consolidate cases for trial, or any Motion for Punitive Damages shall be 8/8/18. Responses shall be due by 8/29/18 and Replies shall be due by 9/12/18. ). 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)
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Filing
258
STATUS REPORT AND SUPPLEMENTAL CASE MANAGEMENT ORDER - Telephonic Status Conference set for 1/5/2018 10:00 AM in Boise Chambers before Judge B. Lynn Winmill. Position Statements and Status Report due by 1/3/2018. 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)
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Filing
250
STATUS REPORT AND SUPPLEMENTAL CASE MANAGEMENT ORDER - Status Report due by 12/20/2018. Telephonic Status Conference set for 12/22/2018 10:00 AM in Boise Chambers 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 (cjs)
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Filing
245
MEMORANDUM DECISION AND ORDER Defendant BSA's Motion for Reconsideration (Dkt. 229 ) is DENIED. 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)
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Filing
237
MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Consolidate Case Nos. 1:13-cv-00275-BLW and 1:17-00184-BLW (Dkts. 207 , 14) is DENIED. Signed by Judge B. Lynn Winmill. Associated Cases: 1:13-cv-00275-BLW, 1:17-cv-00184-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
230
MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs shall make themselves available for Defendants Rule 35 examinations for up to twelve hours over two days. 2. Defendants shall conduct a single Rule 35 examination for each Plaintiff, rand s hall introduce no more than one report and testifying expert for each Plaintiff. 3. Defendants shall cover the costs for Plaintiffs travel, hotel, and meals. 4. All dispositive motions shall be filed by 2/8/2018. All discovery shall be completed by 1/18/2018 (Discovery due by 1/18/2018. Dispositive Motions due by 2/8/2018). 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)
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Filing
225
MEMORANDUM DECISION AND ORDER granting in part and denying in part 174 Plaintiff's Motion to Compel. The parties are further ordered to meet and confer as to the timing of any document productions ordered herein. The Courts law clerk is availa ble to assist in informally resolving disputes regarding the timing of these productions. Defendants should be aware, however, that the Court will err in favor of compelling a speedy production. 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)
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Filing
199
ORDER OF DISMISSAL WITH PREJUDICE OF JOHN DOE XIV CLAIMS AGAINST DEFENDANT BOY SCOUTS OF AMERICA re 196 Stipulation. 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)
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Filing
173
MEMORANDUM DECISION AND ORDER. IT IS ORDERED: BSA's Motion to Compel Response to Interrogatory No. 37 (Dkt. 165 ), joined by the LDS Church (Dkt. 167 ), is GRANTED. Plaintiffs shall, on or before May 15, 2017, produce responses to Interrogator y No. 27. The Court will DEFER RULING on the parties' Motions to Seal (Dkts. 160, 168). On or before May 3, 2017, Plaintiffs and BSA shall each file a supplemental brief, not to exceed 3 pages, in support of their respective Motions to Seal. The Anderson Declaration and accompanying exhibits (Dkt. 166) and Walton Declaration (Dkt. 171) shall remain under seal until further order of this Court. Signed by Judge B. Lynn Winmill. Motions terminated: 165 MOTION to Compel Response to Interrogatory No. 37 Re: Claim of Privilege filed by Boy Scouts of America. (km)
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Filing
69
MEMORANDUM DECISION AND ORDER The Motion to Certify Controlling Issues to the Idaho Supreme Court is (Dkt. 38 ) GRANTED in part and DENIED in part. The Motion to Stay (Dkt. 39 ) is GRANTED. 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)(certified copy of this MDO mailed to Idaho Supreme Court by jp)
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Filing
37
MEMORANDUM DECISION AND ORDER Defendants' Motions to Amend (Dkt. 23 and 30 ) are GRANTED. Defendants' Motion to Sever (Dkt. 10 ) is GRANTED in part and DENIED in part. The Boy Scouts of Americas request motion to join the LDS Defendan ts motion to sever (Dkt. 16 ) is GRANTED.( The parties shall meet and confer to devise a litigation plan, including a detailed discovery plan. Proposed litigation plans shall be filed with the Court by no later than February 4, 2014: Case Management deadline set for 2/4/2014. 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)
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