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Everything posted by RememberSchiff
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Interesting ...BSA representation followed to our lawyers new firm? For the Boy Scouts: Jessica Boelter, Thomas Labuda, Michael Andolina, Matthew Linder and Blair Warner of Sidley Austin and Derek Abbott, Andrew Remming, Eric Moats and Paige Topper of Morris, Nichols, Arsht & Tunnell from Reuters The Boy Scouts of America is represented by Derek C. Abbott, Andrew R. Remming, Eric W. Moats and Paige N. Topper of Morris Nichols Arsht & Tunnell LLP, and Jessica C. K. Boelter, Michael C. Andolina and Matthew E. Linder of White & Case LLP. from Law360 (October 14, 2020, 9:43 PM EDT)
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Well we started the week with a cougar attack and now we have another cat fight. BTW, the BSA selected BOTH options The Debtors commenced these chapter 11 cases to achieve the dual objectives of (a) timely and equitably compensating survivors of abuse in Scouting and (b) ensuring that the BSA emerges from bankruptcy with the ability to continue its vital charitable mission. These objectives remain unchanged. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/855387_1519.pdf ...and now back to our show.
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White & Case continues to hire experienced bankruptcy and restructuring lawyers away from Sidley Austin. Among the 5 or more attorneys? are Jessica Boelter and Andrew O'Neill who represented the BSA in Chapter 11. White & Case is currently representing Hertz Global Holdings in their Chapter 11 restructuring. https://news.bloomberglaw.com/business-and-practice/white-case-continues-sidley-raid-with-restructuring-duo-hire
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In this layman's opinion, the Court needs to reel this in. As outlined and limited by court, TCC requests information from respective councils only on claims filed by Nov deadline. Councils and Charter Organizations then have a set time to reply. No fishing expeditions, no subpoenas, no slow walks .. My $0.02,
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I guess we will first see the bill for Northern Tier evaluation from F.I.Salter Real Estate . Appendix B (of doc below) 10/12/2020 For Market Value Appraisal on the following property: Northern Tier High Adventure Base : $7500 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/855532_1523.pdf
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The Tort Claimants' Committee (TCC) has responded to National (Debtor) and local councils objections over supplying Rosters. TCC Objections "The Reply" follow pages 4-12. Preliminary Statement (page 3 of 12) 1. The TCC’s Rule 2004 Motion seeks entry of an order authorizing the issuance of narrowly tailored subpoenas against (1) the BSA, (2) eight Local Council Committee Members, and (3) thirty-nine Additional Local Councils. The Rule 2004 Motion has been conditionally resolved, except with respect to the issue of Rosters.5 2. Objections were filed by the Debtors, Ad Hoc Committee and seven (7) of the thirty-nine (39) Additional Local Councils, none of whom responded to the TCC’s informal document requests. In addition to certain objections concerning the production of Rosters, the Objections raise a variety of unfounded procedural strawmen and complain that the Document Requests are premature, constitute harassment or bullying, or that the burdens of production exceed their value because certain of the Additional Local Councils have yet to decide whether to participate in the mediation. As set forth in the Rule 2004 Motion, the TCC’s request for Rosters is a legitimate use of Rule 2004 discovery in order to, inter alia (Latin for "among other things" ~RS), support a global mediation, assist in claims administration, and identify potential claims on behalf of the estates, and for such reasons, the Motion should be granted https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/855056_1504.pdf
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The BSA (Debtor) presents Motion to Court requesting more time to develop a reorganization plan. The exclusive period for the Debtors to file a chapter 11 plan (the “Exclusive Filing Period”) is hereby extended by approximately 180 days, to and including April 13, 2021. The period during which the Debtors have the exclusive right to solicit acceptances thereof (the “Exclusive Solicitation Period” and, together with the Exclusive Filing Period, the “Exclusive Periods”) is hereby extended by approximately 180 days, to and including June 14, 2021. Of note page 6 of 22 13.The Debtors have made substantial progress in these chapter 11 cases since the filing of the First Extension Motion. ...11 items a) through k) are given. IMHO, whether this is substantial progress or significant progress ( as used below) will be determined by Judge Silberstein. page 8 of 22 14. As the Court is aware, these chapter 11 cases are the first of a congressionally chartered non-profit organization. In addition to the unprecedented nature of these proceedings, the Debtors’ restructuring is extraordinary in its complexity. The BSA carries out its mission through 253 local councils, each with an independent board of directors and professional and volunteer leadership. The local councils, which vary in size, financial wherewithal and exposure to abuse claims liabilities, will continue to have an important role in shaping the outcome of this proceeding. Moreover, as demonstrated by the long-running dispute regarding the Coalition’s ( Coalition of Abused Scouts for Justice) ability to participate in these cases as an ad hoc group, representatives of abuse claimants have divergent views on how to advance their interests in these cases. Certain of the BSA’s insurers, faced with an avalanche of historic abuse claims that implicate policies with no aggregate limits, have sought to derail and substantially delay the Debtors’ reorganization. Despite these challenging dynamics, the Debtors have made significant progress thus far. Although substantial work remains to be done, the Debtors are confident that the results of the claims bar date will catalyze mediated plan negotiations. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/855387_1519.pdf
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I hope Hornaday's conservation work was reviewed and also a factor. https://www.npr.org/sections/krulwich/2011/11/11/142211950/what-not-to-do-when-you-meet-the-last-great-wild-buffalo IMHO, the award should have been renamed for Teddy Roosevelt, an avid outdoorsman and dedicated conservationist. My $0.02,
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Interesting reading, thanks. "In one case a 9-year-old boy in El Dorado County frightened a mountain lion away by playing his trumpet. When asked why he did that he said, "...my parents taught me to make noise, look big, do not run..." " Regarding making LOUD noises, could cellphone have been used to playback loud sounds - gunshots, German Shepherds barking,...?
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Bad Apple in the Leaders
RememberSchiff replied to CChairmanOfTroop's topic in Open Discussion - Program
@CChairmanOfTroop moved from Cub Scouts to Open Discussion. -
But didn't Master Yoda also say The greatest teacher, failure is or was that @Eagledad? Keep trying doing.
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Well before arriving, Mosby could stop at Dunkin's and buy the Box of Joe on his own dime as a start. Respect us, trust us, listen to us, learn from us... My $0.02,
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Open some minds, at least that was my hope. RS
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Something to reflect on and consider applying to Scouting, the final question on tonight's VP debate came from an eighth grader. When I watch the news, all I see is arguing between Democrats and Republicans. When I watch the news, all I see is citizen fighting against citizen. When I watch the news, all I see are two candidates from opposing parties trying to tear each other down. If our leaders can’t get along, how are the citizens supposed to get along? Our nation’s capital is setting a poor example of unity and respect. No matter who we are and what we stand for, we all want to be heard and we all want to be acknowledged, but no one wants to listen or understand the person on the other side of the line. Nothing is going to change until someone breaks this trend of arguments and anger. Each citizen is accountable and each citizen has their agency to not allow our country to be divided by differing opinions. Your examples could make all the difference to bring us together. How is your presidency going to unite and heal our country? Brecklynn Brown, eighth grader Topic is unlocked.
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"Maybe this thread could use a couple hours being locked so people can read through all the posts and we can get back on topic, myself included....if there is even a topic to get back to. " @Sentinel947 I agree. Locked. @MattR @John-in-KC May the VP debate tonight be less contentious. ~ RS
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Capitol Area Council (“CAC”) submitted a Joinder to Circle Ten Council’s Objection https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853724_1422.pdf Baltimore Area Council issued an Objection to TCC Motion for an Order Authorizing the Issuance of Subpoenas for Discovery from Debtors and Certain Local Councils. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853735_1423.pdf as did Bay Lakes Council https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853737_1425.pdf and Daniel Webster Council https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/854422_1459.pdf
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OBJECTION OF CIRCLE TEN COUNCIL TO MOTION OF THE OFFICIAL TORT CLAIMANTS' COMMITTEE PURSUANT TO BANKRUPTCY RULE 2004 AND LOCAL RULE 2004-1 FOR AN ORDER AUTHORIZING THE ISSUANCE OF SUBPOENAS FOR DISCOVERY FROM DEBTORS AND CERTAIN LOCAL COUNCILS Preliminary Statement (pages 2-4) 1. Circle Ten Council is not a Debtor in these chapter 11 cases, nor has it participated in these cases other than by providing certain asset-related information to the BSA in exchange for an extension of the protections of the Preliminary Injunction pursuant the Consent Order (as such terms are defined below) through November 16, 2020. Circle Ten Council is not a party to the Mediation (as defined below) and has not engaged in formal negotiations with the Debtors, the TCC or other parties in these cases. To date, it has neither agreed to support the Debtors' proposed plan nor agreed to make a contribution to the Debtors' estates. 2. Although both the Motion and the Debtors' proposed plan of reorganization presume that Local Councils, after negotiations with the Debtors, the TCC and the official committee of unsecured creditors (the "Creditors' Committee"), will agree to enter into a settlement, Circle Ten Council has insufficient information to be able to determine whether participating in any such settlement is in its best interest. To make this determination, Circle Ten Council requires information regarding, among other things, (a) the number, amount and nature of claims against the Debtors that may implicate Circle Ten Council, (b) the quantum of insurance resources available for any settlement and (c) the nature and extent of any contributions to be made to a settlement by BSA, other Local Councils or other Chartered Organizations. With respect to the first set of data, until the Bar Date (as defined below) occurs on November 16, 2020 and the claims are catalogued by the Debtors, it is impossible for Circle Ten Council to make an informed decision as to whether to participate in plan or settlement negotiations. 3.It is worth noting at the outset that the Motion violates the Consent Order entered in the Adversary Proceeding because the Preliminary Injunction prohibits parties, including the TCC, from engaging in actions against the BSA Related Parties (Note: As a Council, Ten Circle considers itself a BSA Related Party - RS) "in furtherance of the prosecution or defense" of abuse claims. For that reason alone, the Motion should be denied. Further, granting the Motion would contravene the longstanding "pending proceeding" rule, because the subject matter of the TCC's discovery requests relates to matters within the scope of the pending Adversary Proceeding. Indeed, the TCC and the Creditors' Committee consented to an extension of the Preliminary Injunction in exchange for certain asset-related information provided by BSA Related Parties, including Circle Ten Council. Accordingly, even if it were proper for the TCC to seek discovery at this time (which it is not), the TCC would have to do so consistent with the Consent Order and the Federal Rules of Civil Procedure, not under Bankruptcy Rule 2004. Finally, the Motion and the proposed order attempt to rewrite Federal Rule of Civil Procedure 45 and Bankruptcy Rule 9016 by, among other things, (a) compelling compliance with the contemplated subpoenas before their targets are afforded the opportunity to object to, or move to quash, such subpoenas and (b) requiring targets to comply with the subpoena in Delaware even though a subpoena can only require compliance "within 100 miles of where the person resides, is employed, or regularly transacts business in person" – which, for Circle Ten Council, is Dallas, Texas. 4. Even the if TCC could overcome all of the foregoing infirmities, the Motion is premature as to Circle Ten Council. Although Bankruptcy Rule 2004 is broad, the Court has considerable discretion to deny the discovery sought thereunder in light of the facts before the Court. Here, the TCC seeks wide-ranging discovery of a non-debtor and non-participant in these cases for the purposes of satisfying claims of other non-debtors based on little more than a supposition that Circle Ten Council and the other Local Councils will participate in settlement negotiations. For the reasons discussed below, the arguments set forth in the Motion fall far short of establishing that documents and information the TCC has asked Circle Ten Council to produce relate to the Debtors' estates or the plan of reorganization, as Bankruptcy Rule 2004, were it applicable here, would require. Facts Relevant to Objection - pages 4-8 Objection pages 8-17 Now Exhibit A - Letter from TCC attorney James Stang to Ten Circle Council is revealing. It does state the known number of claims against Ten Circle Council but more generally Exhibit B: page 5 the TCC "Preliminary Document Requests to each Local Council" - basically they want all local Council documents from 1950 to present.! Source: https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853722_1421.pdf (61 pages)
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Let's take it down a notch or two. I assumed @David CO took his scouts to a political rally as a scout activity, but as Sentinel points out David may have been referring to taking his students to a political rally as a school activity. Perhaps David can clarify? IMHO moderating the next Presidential debate would be an pleasant change.
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Yeah, we always camped the same July week at our council camp and every summer we had the same problems with the same troop. Instead of a troop number, I'll call them the Hooligans and their scoutmaster was Mr Bo Willbe Boyce. There was no reasoning with them even over coffee. Every 10am Scoutmaster meeting, the number 1 topic was the "Hooligans" - trip wires, saran wrap over toilets, missing stolen items , you didn't want to be on the waterfront at the same time as them. The Camp Director Mr. Noah Confront and SE Mr. Iafeela Yurpane failed to act. We scheduled an August camp week which was less convenient for our families so our scout attendance dropped. The problem was not solved just avoided. So it is may not be an issue of hiding (you are suspect), it may be an issue of avoiding (the visitor is suspect).
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My district and council are doomed.
RememberSchiff replied to Eagle94-A1's topic in Council Relations
I really like the idea but fear their implementation - more junk email, slower delivery. Maybe tax bandwidth of ISP's - email, Netflix, Xbox Live..? -
In the 1870's before Boy Scouts and Oreos, physically. I doubt the transgressor would be eating for some time. Now 2020, how should Scouts handle it?
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"I hate rude behavior in a man. I won't tolerate it." Captain Woodrow Call Lonesome Dove Tolerance, Courtesy, Kindness, Authenticity... The important point is that authentic behavior does not reflect a compulsion to be one’s true self, but rather the choice to express one’s true feelings, motives, and inclinations. http://psychology.iresearchnet.com/social-psychology/control/authenticity/ So how should scouts express their real feelings towards a patrol member or a visitor who stole their oreos? The usual immediate unscoutlike remarks and then shunning? Or do we say "Not cool" and work a remedy? Awhile ago, our PLC (minus PL's) came up with a brilliant idea. They would not cook on campouts. They would pillage, ahem sample other patrols cooking for quality control purposes...whether invited or not. Eventually our scouts worked it out and scout manners prevailed.
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Ah an awkward situation...good opportunity for scouts to develop courteous behavior. Even before, ahem, covid we scouters have tried to draw visitors away from scouts eating. That said, some of our scouts will preemptively and courteously ask an under-nourished DE if he would like a slice. We like that. Have visitors still helped themselves? Yeah. Do they then talk while they are eating our pizza? Yeah. We don't like that.
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Update 10/6/2020: Motion of Official Committee of Tort Claimants against Middle Tennessee Council NOVEMBER 18, 2020: Hearing to consider above motion. Any responses or objections must be filed to Bankruptcy Court prior as detailed in 1408 below. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853467_1408.pdf