Popular Post Eagle1970 Posted January 14, 2022 Popular Post Share Posted January 14, 2022 I just finished reading Bates' report. Now I have a headache. It's well-written, but a bunch of spin. So we're too old to deserve a decent settlement? While I get the sol issue, if a suit is valid, there's no telling what a jury would do. My abuser was a BSA employee who signed my merit badge card. So there's not much question as to BSA liability. If they reduce my claim by 90% for sol, then scale it down because I'm old, I just don't know why I'm bothering. Maybe they could add a couple of additional minus-scaling factors and I will owe the BSA. But the concept of this being equitable or full payment is laughable, or more likely tearful. 1 7 Link to comment Share on other sites More sharing options...
johnsch322 Posted January 14, 2022 Share Posted January 14, 2022 21 hours ago, Eagle1970 said: I just finished reading Bates' report. Now I have a headache. It's well-written, but a bunch of spin. So we're too old to deserve a decent settlement? While I get the sol issue, if a suit is valid, there's no telling what a jury would do. My abuser was a BSA employee who signed my merit badge card. So there's not much question as to BSA liability. If they reduce my claim by 90% for sol, then scale it down because I'm old, I just don't know why I'm bothering. Maybe they could add a couple of additional minus-scaling factors and I will owe the BSA. But the concept of this being equitable or full payment is laughable, or more likely tearful. I hope the BSA doesn’t read this and think it would be a new way of raising money. Next they will come out and ask us to sign over whatever settlement checks we do get. Their pitch will be because they do so much good for so many people and how could we be so greedy LOL. 1 Link to comment Share on other sites More sharing options...
Eagle1993 Posted January 14, 2022 Author Share Posted January 14, 2022 Insurance company raises concerns that KR is delaying his depositon and there are 50 scheduled and must be complete by Jan 28. Basically, they are saying, sure voting issues are a concern, but there is a ton of legitimate discovery & depositions and there is no way to complete it per schedule. 309b8315-0640-4e92-a7d3-5de0e2e9d091_8331.pdf (omniagentsolutions.com) Link to comment Share on other sites More sharing options...
ThenNow Posted January 16, 2022 Share Posted January 16, 2022 (edited) Hearing cancelled. Ugh. **AT THE DIRECTION OF THE COURT, THIS HEARING IS CANCELLED** https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/bb83fb5a-7417-48cf-a88d-a1d50d4b257c_8334.pdf Edited January 16, 2022 by ThenNow Link to comment Share on other sites More sharing options...
Eagle1993 Posted January 16, 2022 Author Share Posted January 16, 2022 (edited) 56 minutes ago, ThenNow said: Hearing cancelled. Ugh. **AT THE DIRECTION OF THE COURT, THIS HEARING IS CANCELLED** https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/bb83fb5a-7417-48cf-a88d-a1d50d4b257c_8334.pdf What changed since the hearing was created? Why would the court schedule a hearing (after seeing the request from TCC and objection from BSA) and then a few days later cancel the hearing? I would have been optimistic, but after seeing the last BSA update, it seems like they are headed in the opposite direction so I tend to doubt any new plan will be announced. Now, one thought - recently the Ann Taylor non debtor releases were rejected (now two cases are in limbo) and perhaps the court, BSA, others are rethinking what needs to be done here. That decision came out after the BSA hearing was scheduled .and that judge said he recommended any case that includes non debtors should go to a district court first. So, perhaps a chance, that BSA realizes they need to get a decision soon and should go to district court. It would be great if the district court could also set the value of the of direct abuse claims. To me, if a district court could clearly document what if any non debtors can be included and the value of the direct abuse claims ... the plan could come together rather quickly with low chance of failure in appeals. In any case, I just don't like to see waste. I hope that this isn't just a cancellation that will lead to delayed decisions and a longer wait to a final plan/solution. Edited January 16, 2022 by Eagle1993 updated 2nd paragraph a bit Link to comment Share on other sites More sharing options...
yknot Posted January 16, 2022 Share Posted January 16, 2022 50 minutes ago, Eagle1993 said: What changed since the hearing was created? Why would the court schedule a hearing (after seeing the request from TCC and objection from BSA) and then a few days later cancel the hearing? I would have been optimistic, but after seeing the last BSA update, it seems like they are headed in the opposite direction so I tend to doubt any new plan will be announced. Now, one thought - recently the Ann Taylor non debtor releases were rejected (now two cases are in limbo) and perhaps the court, BSA, others are rethinking what needs to be done here. That decision came out after the BSA hearing was scheduled .and that judge said he recommended any case that includes non debtors should go to a district court first. So, perhaps a chance, that BSA realizes they need to get a decision soon and should go to district court. It would be great if the district court could also set the value of the of direct abuse claims. To me, if a district court could clearly document what if any non debtors can be included and the value of the direct abuse claims ... the plan could come together rather quickly with low chance of failure in appeals. In any case, I just don't like to see waste. I hope that this isn't just a cancellation that will lead to delayed decisions and a longer wait to a final plan/solution. I suppose it's not impossible that this is due to Covid. So many things are getting cancelled/postponed right now. Link to comment Share on other sites More sharing options...
Eagle1993 Posted January 16, 2022 Author Share Posted January 16, 2022 35 minutes ago, yknot said: I suppose it's not impossible that this is due to Covid. So many things are getting cancelled/postponed right now. Yes, this is definitely a possibility as well. Link to comment Share on other sites More sharing options...
RememberSchiff Posted January 17, 2022 Share Posted January 17, 2022 Lawyer jokes on Martin Luther King Day? Lets get back on topic. Thanks RS 2 Link to comment Share on other sites More sharing options...
RememberSchiff Posted January 17, 2022 Share Posted January 17, 2022 Final vote still due today? On 1/10/2022 at 4:44 PM, Eagle1993 said: Just a reminder where we are in terms of schedule. The TCC asked to have a status hearing Jan 12 or sometime soon but so far no response from the JSS. I think the big date will be January 17th. Perhaps Omni made some major errors that could swing the vote %. I wonder if the judge will wait until January 17th, see the final voting report and then utilize a status hearing to provide tea leaves as to where this plan stands. Dec 29 Deadline to serve discovery on voting, settlements Jan 4 Preliminary voting report Jan 5 Rebuttal expert reports due Jan 7 Deadline to serve responses/objections to voting/settlement discovery Jan 14 Document production regarding voting/settlement due Jan 17 Final voting report deadline Jan 28 Deposition of expert witness & fact witnesses due Jan 31 Deadline to identify trial witnesses Feb 4 Plan objection deadline Feb 10 Deadline to exchange depositions designations and file motions Feb 14 Confirmation brief/plan reply deadline Feb 15 Deadline to exchange deposition couter-designations Feb 17 Deadline to submit joint pretial order, witness/exhibit lists, options to motions, etc Feb 18 Final pretrial conference Feb 22 Confirmation hearing Link to comment Share on other sites More sharing options...
Eagle1993 Posted January 17, 2022 Author Share Posted January 17, 2022 11 minutes ago, RememberSchiff said: Final vote still due today? Yes it is, so that may be interesting. I would think any change would require more discovery into voting and vote counting. I was wondering if perhaps Omni/BSA/LSS are aware of a major vote change (moving to 80%+) that would cause the meeting to be cancelled. However, there were many other concerns listed that even if the vote increased greatly, the hearing would have been helpful. In addition, a major vote count, in and of itself, could cause a need to revisit the schedule. So, I lean to the options of.. BSA has a change in direction (updated plan and/or updated strategy) LSS or someone else critical is ill/has Covid 19/has been exposed BSA found a major diamond deposit at Philmont 1 1 Link to comment Share on other sites More sharing options...
ThenNow Posted January 17, 2022 Share Posted January 17, 2022 2 hours ago, Eagle1993 said: I was wondering if perhaps Omni/BSA/LSS are aware of a major vote change (moving to 80%+) that would cause the meeting to be cancelled. I spoke with Omni. The person in the know said, “The tabulation results are going to vary a bit, somewhat of a given between a preliminary report and a final. I don’t see any significant movement other than Class 9, which we called out in the declaration.” 1 Link to comment Share on other sites More sharing options...
fred8033 Posted January 17, 2022 Share Posted January 17, 2022 (edited) 3 hours ago, RememberSchiff said: Lawyer jokes on Martin Luther King Day? Lets get back on topic. Thanks RS MLK was a minister. But fair enough. Edited January 17, 2022 by fred8033 1 Link to comment Share on other sites More sharing options...
RandomScouter Posted January 17, 2022 Share Posted January 17, 2022 20 hours ago, yknot said: I suppose it's not impossible that this is due to Covid. So many things are getting cancelled/postponed right now. Another possibility is the weather. They were calling for winter storms that could affect safe travel/driving in Delaware. 1 1 Link to comment Share on other sites More sharing options...
RememberSchiff Posted January 17, 2022 Share Posted January 17, 2022 (edited) 6 hours ago, RememberSchiff said: Lawyer jokes on Martin Luther King Day? Lets get back on topic. Thanks RS 2 hours ago, fred8033 said: MLK was a minister. But fair enough. In NH, MLK Day was called Civil Rights Day to commemorate the movement (leaders, protests, activists, victims, lawyers,..) beyond one man. NH eventually called today MLK but some think of the civil rights movement today. That was the reference. Sorry for the confusion, now back to our topic - RS Edited January 17, 2022 by RememberSchiff Link to comment Share on other sites More sharing options...
fred8033 Posted January 17, 2022 Share Posted January 17, 2022 59 minutes ago, RememberSchiff said: In NH, MLK Day was called Civil Rights Day to commemorate the movement (leaders, protests, activists, victims, lawyers,..) beyond one man. NH eventually called today MLK but some think of the civil rights movement today. That was the reference. Sorry for the confusion, now back to our topic - RS Ummm ... You can't keep on commenting after deleting other people's posts. Time to delete your own. 2 1 Link to comment Share on other sites More sharing options...
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