ThenNow Posted February 7, 2022 Share Posted February 7, 2022 1 hour ago, Eagle1993 said: I think we may see a split in survivors. Those with strong cases (or the abuse was already front & center in their life) and good law firms ready to go after LCs and COs in state court vs those who, like you, are ready to be done and are ready to move on. Or, there may be survivors who themselves are split in two, like moi. Assuming the TCC and other objectors have extracted extra cash and concessions from BSA and the Coalition folk, and the SWG and TCC have made significant gains on YP, I think I can let this move forward in my heart and mind. However, I am close to signing with state court counsel to hedge my bet in the event either LCs or COs don't make it across the finish line. I'm too deep into this with too much knowledge about BSA's history (not to mention a 140+/- page POC file) to walk away and let a possible case die. How will it play out? Let's send an envelope to Carnac the Magnificent. (Nod to Johnny C.) 1 1 Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 Quick update on schedule 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 11 Status Hearing (added recently) 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 (will likely take into early March) Link to comment Share on other sites More sharing options...
Eagle1970 Posted February 7, 2022 Share Posted February 7, 2022 2 hours ago, ThenNow said: Or, there may be survivors who themselves are split in two, like moi. Assuming the TCC and other objectors have extracted extra cash and concessions from BSA and the Coalition folk, and the SWG and TCC have made significant gains on YP, I think I can let this move forward in my heart and mind. However, I am close to signing with state court counsel to hedge my bet in the event either LCs or COs don't make it across the finish line. I'm too deep into this with too much knowledge about BSA's history (not to mention a 140+/- page POC file) to walk away and let a possible case die. How will it play out? Let's send an envelope to Carnac the Magnificent. (Nod to Johnny C.) Part of my acceptance is driven by the fact that Missouri is unlikely to offer much haven for a civil claim. Though the state did remove the SoL for criminal csa, there is no possibility I am going through the pain so the state can possibly have its way with my abuser, while I cannot. And with just my word and some 50-year-old 3rd party testimony from old men, it's quite possible he would still skate. How hopeless would I feel then? And the years it can take to weave a case through state court, which is possibly moved to federal court, with my most personal details for all to see--my heartbeat is rising just thinking about it. So for me, it's nearly over. I look forward to one more event: my personal interview before they slash my claim by 90% for SoL. In that moment, I will receive my only justice in 50 years of living with this. Once and for all, he will not have gotten away with it. And finally, whatever check I receive, be it $50 I will use it meaningfully. For you and others in a similar position, I wish all the best. Hopefully your legislature is more concerned with victimized citizens, rather than profits of insurers or protecting the Parishes against former alter boys. Stay strong and don't let them destroy you. 1 2 Link to comment Share on other sites More sharing options...
fred8033 Posted February 7, 2022 Share Posted February 7, 2022 15 minutes ago, Eagle1970 said: Part of my acceptance is driven by the fact that Missouri is unlikely to offer much haven for a civil claim. Though the state did remove the SoL for criminal csa, there is no possibility I am going through the pain so the state can possibly have its way with my abuser, while I cannot. And with just my word and some 50-year-old 3rd party testimony from old men, it's quite possible he would still skate. How hopeless would I feel then? And the years it can take to weave a case through state court, which is possibly moved to federal court, with my most personal details for all to see--my heartbeat is rising just thinking about it. Asking for clarification. I'll post my understanding to see if it's right. Civil and criminal SOL changes are very different. US Supreme Court decisions establish a line saying that civil SOLs can be retroactive; thus BSA's situation. At the same time, the US supreme court says removing criminal SOLs is blocked by U. S. Constitution’s Ex Post Facto Clause. Essentially, civil SOL changes can be retroactive, but criminal can't be. So, Missouri can't prosecute your abuser unless the abuse happened after the SOL removal or within the previously standing SOL time frame. Link to comment Share on other sites More sharing options...
Eagle1970 Posted February 7, 2022 Share Posted February 7, 2022 1 hour ago, fred8033 said: Asking for clarification. I'll post my understanding to see if it's right. Civil and criminal SOL changes are very different. US Supreme Court decisions establish a line saying that civil SOLs can be retroactive; thus BSA's situation. At the same time, the US supreme court says removing criminal SOLs is blocked by U. S. Constitution’s Ex Post Facto Clause. Essentially, civil SOL changes can be retroactive, but criminal can't be. So, Missouri can't prosecute your abuser unless the abuse happened after the SOL removal or within the previously standing SOL time frame. It is my understanding that they took the action of eliminating the criminal sol due to dna testing and that old cases can now be prosecuted. If I'm wrong, I'll be glad to hand over my law license (which I never had). Link to comment Share on other sites More sharing options...
Eagle1970 Posted February 7, 2022 Share Posted February 7, 2022 3 minutes ago, Eagle1970 said: It is my understanding that they took the action of eliminating the criminal sol due to dna testing and that old cases can now be prosecuted. If I'm wrong, I'll be glad to hand over my law license (which I never had). There goes my license.... "While legal experts don’t think the new law would apply to past crimes, they believe this change is a move in the right direction and should even go one step further." Link to comment Share on other sites More sharing options...
ThenNow Posted February 7, 2022 Share Posted February 7, 2022 5 hours ago, ThenNow said: I am close to signing with state court counsel to hedge my bet in the event either LCs or COs don't make it across the finish line. News Update: The attorney who seemed very keen to take my case last Wednesday just shot me an email. He and his firm are a hard pass on the incredible opportunity to fight for me. I have requested a detail set of reasons. Lay odds I get a good response? I rank them SoL/don't want to try to prove fraudulent concealment, staleness of testimony and evidence, and variability and undetermined status of the Chapter 11. Okay. Maybe that should be #1. If all that remains is a little Catholic Church and the responsible Diocese, meh. They don't have big assets. YeeHaw! 2 Link to comment Share on other sites More sharing options...
vol_scouter Posted February 7, 2022 Share Posted February 7, 2022 @ThenNow Sorry that this happened to you. Don't let it get you down or discouraged. Good luck. 1 Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 More details from the Guam objectors from a specific law firm. c86cabc6-3501-4653-aea5-9892d2260ed3_8708.pdf (omniagentsolutions.com) 72 of the 73 voted against the plan. Their issue isn't national. Their concern is the release of non debtors. I found their objection interesting as it uses the BSA, LDS, Roman Catholic Church and other's statements that the toggle plan is feasible. This objection was pretty clear and I struggle to see, under the current plan, how it could be ignored. TCC indicated that the current plan isn't legal due to its releases. I'll be interested to see how those change. Now we have the updated DOJ objection. 987f6a0f-1219-4878-b63e-817da6c58f3b_8710.pdf (omniagentsolutions.com) Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 Ok, now I am confused. I thought objections were due the 4th. Microsoft Word - 2022-02-07 ZS Claimants Objection to BSA Plan.DOCX (omniagentsolutions.com) Zuckerman now objects ... that is a big one, 1,780 claimants. Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 DOJ raising 5th amendment concerns in addition to those that have been previously brought up. Said the plan is unconfirmable and the judge needs to reject it. Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 Ah ... clarity. The deadline was extended now until Feb 7 at 4PM for some parties. TCC was granted an extension until Feb 9th. Link to comment Share on other sites More sharing options...
ThenNow Posted February 7, 2022 Share Posted February 7, 2022 1 hour ago, Eagle1993 said: Ah ... clarity. Um, if you would be so kind, please package some of that neatly and send a double portion my way. Throw in some cookies and toffee, while you're at it. My crystal ball looks a lot like Kane's snow globe and I am trying not to mutter, "Rosebud." Link to comment Share on other sites More sharing options...
SiouxRanger Posted February 7, 2022 Share Posted February 7, 2022 1 hour ago, Eagle1993 said: TCC was granted an extension until Feb 9th. Ah ha! That explains a lot. I cannot imagine any attorney, at any time, under any conditions, recommending that a client not file an objection by the due date unless the "deal is inked." For if the perceived deal falls through, the time to object has passed and client has lost its right to object. I can not imagine that any attorney in this particular case would consider the "deal inked" unless it is the Judge's ink on an Order confirming the Plan, or whatever Plan comes out of mediation. I would expect the TCC to file an objection simply to preserve its ability to object if things fall through. The TCC can always withdraw its objection if things work out to its satisfaction. Link to comment Share on other sites More sharing options...
Eagle1993 Posted February 7, 2022 Author Share Posted February 7, 2022 (edited) 2 hours ago, Eagle1993 said: Ah ... clarity. The deadline was extended now until Feb 7 at 4PM for some parties. TCC was granted an extension until Feb 9th. 1 hour ago, ThenNow said: Um, if you would be so kind, please package some of that neatly and send a double portion my way. Throw in some cookies and toffee, while you're at it. My crystal ball looks a lot like Kane's snow globe and I am trying not to mutter, "Rosebud." In Zukerman's objection they state the BSA gave email permission to submit objections until Feb 7 at 4pm. They also state the TCC has been given permission to submit their objection as late as Feb 9. They said the delay is due to updates to the plan that should capture more claimants including possibly the TCC. Zuckerman isn't included in mediation so they said they have no idea what the changes are and put in the objection as a placeholder. Edited February 7, 2022 by Eagle1993 Link to comment Share on other sites More sharing options...
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