United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
Lynn Winmill Chief Judge.
before the Court is BSA's Motion to Reconsider (Dkt.
229). On September 1, 2017, this Court entered an order
granting in part and denying in part Plaintiffs' Motion
to Compel certain discovery from BSA. On September 18, 2017,
BSA filed this motion on the grounds that the Court clearly
erred and imposed manifest injustice on the BSA by requiring
production of documents relevant to Plaintiffs'
anticipated but as yet unpled punitive damages claim. See
Def.'s Reply at 2, Dkt. 236. For the reasons stated
below, the Court will deny the motion.
April 24, 2017, Plaintiffs filed a Motion to Compel
production of four categories of documents, including (1)
Ineligible Volunteer Files (“IV Files”); (2)
documents related to Dr. Finkelhor's 2006 proposal to
study the IV files; (3) complaints, petitions, and demand
letters containing allegations of child sexual abuse; and (4)
deposition testimony from other cases. On September 1, 2017,
this Court ordered BSA to produce the following documents:
Court ordered BSA to produce clean copies of the pre-1982 IV
files, as well as IV files created after 1982 that document
abuse occurring through 1982. Dkt. 225 at 4. The Court found
these files were relevant to the falsity of alleged
representations by BSA that Scouting was safe, the
application of the noneconomic damages cap, and
Plaintiff's anticipated punitive damages claim.
Id. at 6, 8. While the Court found that IV files
created after 1982 related to post-1982 abuse would be
relevant to Plaintiff's anticipated punitive damages
claim, the Court did not order BSA to produce those files,
pursuant to BSA's agreement, Dkt. 212 at 3, that they
would not introduce evidence of post-1982 remedial changes to
their Youth Protection efforts.
Court ordered BSA to produce the Finkelhor documents upon
finding those documents relevant to both the application of
the noneconomic damages cap and Plaintiffs' anticipated
punitive damages claim. Dkt. 225 at 11.
Complaints, Petitions, and Demand Letters
Court ordered BSA to produce records of claims for sexual
abuse that occurred between 1970 and 1982, upon finding those
records relevant to the falsity of the alleged
representations by BSA that Scouting was safe. Id.
at 13. The Court did not order BSA to produce records of
claims for abuse occurring between 1983 through 1987, which
it found relevant to the anticipated punitive damages claim,
because the benefit of doing so was outweighed by the cost of
production. Id. at 15.
Deposition Testimony from Other Cases
Court ordered BSA to produce transcripts of depositions taken
of employees or volunteers, who may be deceased or otherwise
unable to testify, in cases in which it was alleged that
Scout leaders sexually abused Scouts. Id. at 16.
Production was limited to testimony given after 1980, in
cases involving child sex abuse that occurred between 1970
and 1987. Id. The Court also ordered that BSA
produce a list of lawsuits against BSA involving claims
related to child sex abuse between 1970-1982. Id.
The Court found these records relevant to the falsity of
BSA's alleged representations, the noneconomic damages
cap, the anticipated punitive damages claim, and issues of
asks that the Court reconsider its Order, on the grounds that
doing so is necessary to correct legal ...