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Does v. Boy Scouts of America

United States District Court, D. Idaho

March 22, 2019

JOHN DOES I-XIX and JOHN ELLIOTT, Plaintiffs,
v.
BOY SCOUTS OF AMERICA, a congressionally chartered corporation authorized to do business in Idaho; CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a foreign corporation sole registered to do business in Idaho; and CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND SUCCESSORS, a foreign corporation registered to do business in Idaho, Defendants.

          CASE MANAGEMENT ORDER

          B. Lynn Winmill, U.S. District Court Judge.

         Following a conference held with all counsel on March 22, 2019, and finding good cause therefore, the following schedule shall govern this case:

         1. Deadline for Exhibit & Witness Lists: April 3, 2019;

         2. Deadline for Demonstrative Exhibits: April 11, 2019;

         3. Deadline for Jury Instructions/Voir Dire: April 17, 2019;

         4. Deadline for Trial Briefs: April 29, 2019;

         5. Pretrial Conference: April 17, 2019, at 3:00 pm. The conference shall be in-person unless special arrangements need to be made to appear by telephone. This conference will cover only the trial on the claims of Doe IV and XVIII - it will not involve the claims by Doe XII.

         6. Jury Selection: The Court intends to have the jury pool report on Friday May 3, 2019, at 9:00 a.m. for orientation and to answer a Questionnaire regarding their qualifications and other matters regarding the trial of Doe IV and XVIII. A Magistrate Judge shall preside and administer the oath to the jurors before they answer the Questionnaire. The attorneys shall not attend this proceeding. When the jurors have completed the Questionnaire, they will be sent home and told to report back Monday morning (May 6, 2019) at 8:30 am. The Court would intend for the attorneys to meet in the afternoon of May 3, 2019, to review the Questionnaire answers and attempt to agree to any jurors who should be excused for cause. If there are any disagreements, the Court will be available by telephone on May 3, 2019, to resolve those disputes. By the end of the day of May 3, 2019, the Court should be able to approve those jurors to be excused for cause on the basis of the Questionnaire answers and the Jury Administrator could call them and avoid their having to report the next week. Trial would begin on Monday May 6, 2019, at 9:00 am with jury selection. This process will not prevent attorneys from making additional for-cause objections during jury selection the week of May 6, 2019.

         7. Jury Selection & Trial: As discussed above, jury selection shall begin Monday May 6, 2019, at 9:00 a.m., with trial on the claims of Doe IV and Doe XVIII to follow immediately upon selection of a jury.

         8. Inquiry into Religion during Jury Selection: Counsel shall attempt to reach agreement on whether and to what extent prospective jurors can be asked about their religious affiliation during voir dire.

         9. Number of Jurors to be Empaneled: The Court will empanel 8 jurors to try the case. There are no alternates - the jury verdict must be unanimous.

         10. Peremptory Challenges: Under 28 U.S.C. § 1870, each party is entitled to three peremptory challenges.

         11. Typical Trial Day: Trial will be conducted from 8:30 am to 2:30 pm, with two breaks (about 15 to 20 minutes each) at about 10:30 am and 12:30 pm.

         12. Time Limits on Voir Dire: Each party will get 20 ...


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