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Doe v. Boy Scouts of America

United States District Court, D. Idaho

April 9, 2018

JOHN DOE XX, JOHN DOE XXI, JOHN DOE XXII, SHANE JULIAN and RILEY GILROY, Plaintiffs,
v.
BOY SCOUTS OF AMERICA, et al., Defendants.

          AMENDED CASE MANAGEMENT ORDER No. 1

          B. Lynn Winmill Chief Judge

         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]

         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) 334-9067, 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 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, non-privileged documents in their possession in which the plaintiffs are named.
iv. BSA and Church Defendants will produce discoverable, non-privileged 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 pre-mediation 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. ...

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