CynicalScouter

I see nothing where they have the authority to "publish its own evaluation of changes ." Of course, I do not see anything that prohibits it, either. Moreover, and I suspect will happen, the TCC and other victims named to the CPC will go to the press and others if BSA stonewalls and drags its feet on making changes. Moreover, this isn't forever: it is 3 years post-bankruptcy.

Yep. I have no problem with that. BSA has amply demonstrated it cannot be trusted. Therefore, it needs to be reformed and clearly that is not going to happen from the inside. But the TCC's not even mandating "direct control of BSA Youth Protection policies." The BEST this committee will be able to do is recommend and suggest. The Child Protection Committee (I am shortening to CPC) only has 5 powers. BSA must report within 6 months of the bankruptcy ending and every year for 3 years a report to the CPC "regarding the Youth Protection Program and any changes thereto". That's not much of a power, but ok The BSA will appoint an outside independent evaluator ("Evaluating Entity" or I am calling EE). The EE is ultimately chosen by the BSA, but the CPC is supposed to be involved in that process. The EE has two powers: conduct a review of BSA YP practies and issue a report AND oversee the development of an annual reporting program. Working on the release of names from the IV files that name accused but not the victims. I'll note the USA Gymnastics has this and posts all the names of the suspended or restricted persons https://usagym.org/pages/aboutus/pages/restricted_persons.html The CPC can proposed and consider and suggest plans for BSA to help survivors The CPC will recommend and BSA will "consider" release of statistical reports on abuse I wish the CPC and EE had the power to shut BSA down when it fails to improve YP or simply mandate rules, but they don't. Other than the reporting of past abuse (2 and 3) the CPC is only able to make recommendations.

Yep. So? Courts appoint business receivers and monitors all the time to ensure compliance with the court's orders and grants them broad latitude. When an entity has demonstrated a history of such utter criminality or civil liability that it cannot be trusted, an independent monitor is exactly what is called for.

Right, plus frankly the fact that ANY communication to folks will be vetted by the local council or BSA lawyers. The first two rules of civil litigation for parties to the litigation Shut up and let your lawyer do the talking Keep shutting up. I cannot tell you how many times I've see in civil cases something the party to the civil case has aid in-between hearings that then gets brought up at the next hearing date. Then the attorney for the blabber mouth has to unravel and undo the damage. Moreover, for many LCs, there were and are legal restrictions regarding mediation privilege and sharing information. Etc. So yes, the average den leader isn't going to understand this and isn't going to need to know about this for their next Baloo the Builder session. But for anyone with more and a cursory interest, this is the only game in town. The reddit scouting subreddits have effectively banned discussion of the bankruptcy, etc. As a (recovering) den leader I thank you.

The first is doable. The second is not going to happen. The local paper is NOT going to publish a letter defaming another person and if they did both the paper and the author would be facing a defamation suit.

I have absolutely no doubt in my mind that if the victims of child sexual abuse (who have to be a part of this committee) find themselves getting ignored that a) they will raise a stink and b) will come back to the court for a supplemental order directing BSA to comply with the terms of the reorg plan. I have faith the TCC won't let that happen.

How utterly insane to my way of thinking that this information is not front and center. I get it if there is no youth protection committee and instead it is part of a bigger health/safety. I would say it needs to be separate considering BSA's track record here, but ok. But the fact that we cannot even identify members? Staff? How insane.

The confirmation schedule BSA wants https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/c8f5095e-46a4-4810-a5a3-03b1097c1583_6474.pdf I will say that I have never, ever seen a court allow a deadline/response in a civil matter on a Sunday. This however does (December 5 and January 9) AND put deadlines on Christmas Eve. Event Date Deadline to Serve Written Discovery October 8, 2021 Deadline to Serve Responses & Objections to Written Discovery October 18, 2021 Document Production Substantially Complete November 5, 2021 Deadline for parties to identify the topics on which they intend to submit expert reports (other than rebuttal expert reports) November 15, 2021 Deadline to Complete Depositions of Fact Witnesses December 1, 2021 Expert Reports Due December 5, 2021 Deadline for parties to identify expert witnesses who will submit rebuttal expert reports December 17, 2021 Preliminary Voting Report Deadline December 21, 2021 Rebuttal Expert Reports Due December 24, 2021 Final Voting Report Deadline January 4, 2022 Plan Objection deadline January 7, 2022 Deadline to Complete Depositions of Expert Witnesses January 9, 2022 Deadline to Exchange Deposition Designations and File Motions in Limine January 13, 2022 Confirmation Brief / Plan Reply Deadline January 17, 2022 Deadline to Exchange Deposition Counter-Designations January 18, 2022 Deadline to Submit Joint Pretrial Order, Witness and Exhibit Lists, Oppositions to Motions in Limine, and for Objections to Deposition Counter-Designations January 20, 2022 Final Pretrial Conference [January 21], 2022 Confirmation Hearing January 24, 2022 at 10:00

This reads very similar to the USA Today article that hit many of the same points: victims are getting effectively nothing

Interesting tidbit on what BSA will release in the middle of voting “This is critical because the Plan Supplement will include such important items as the names of the initial Settlement Trust Advisory Committee members, the final Hartford and TCJC settlement agreements, the Document Agreement, and the form of release to be executed by holders of Abuse Claims in favor of Settling Insurance Companies”

As expected this is going to be light speed confirmation schedule BSA is proposing to get out by January 24. Expect to hear 3+ versions of “BSA will be out of cash by ________”

BSA just unloaded its own discovery requests. 46 different requests to at least 15 different insurers. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/1d9b91df-675e-47e9-be5b-d5047451adaa_6472.pdf

Certain insurers objecting to upcoming confirmation schedule BSA is about to file any minute now. The solicitation schedule was approved at week. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/844c23e2-57dd-4681-939a-c528e4c0f3ca_6473.pdf in short they expect BSA to be uncooperative and want the judge to reject the schedule or be prepared to have challenge hearings. there is no way this gets done by January 24 according to them .

They recommend no regardless of the results. Tier 1 in an open state. Tier 6 in a closed state. All the same; “We Will Recommend Our Clients Vote "No" on BSA's Plan: The low amount above is why we will recommend our clients vote “NO” on BSA's proposed plan. We believe the BSA, the local councils, the charter organizations, and the insurers can pay significantly more, but they will not do so until our clients reject BSA's proposed plan by voting "NO."”

This is as you note especially true with respect to local councils. in the event this bankruptcy doesn’t work just looking at New York California and Hawaii/Guam we are looking at approximately 40 councils heading for bankruptcy just based on the number of lawsuits already filed against them in state courts. I would also guess a large percentage of councils in Arizona and New Jersey are probably two steps behind. don’t anybody mistake what the local councils are trying to do as anything other than an effort to save their own skins for the least amount of money. and you can argue that they are trying to go cheap in order to maintain scouting for current scouts but that doesn’t change the fact that by doing so they are short changing thousands if not tens of thousands of victims. Arizona Open Arkansas Open California Open Colorado Open Guam Open Hawaii Open Louisiana Open Maine Open Montana Open New Jersey Open New York Open North Carolina Open Vermont Open

Uh actually no. BSA is the first and only NFP I have seen that does NOT list its Board on its website. I wonder why? P.S. The "vast majority of NFP's out there" are not facing down 82,500 child sexual abuse claims. The only one comparable vaguely is the Catholic Church, and I can find their information for both the national and diocesean leadership on their respective websites. BSA? Nope. Hiding, hiding, hiding.

Not the data reporting. Not the public disclosure. If YPT is so great, why hide the data? If YPT is so great, why not do what the Catholic Church has done and release the data? Perhaps because it will show that the YP isn't as great at stopping child sexual abuse as BSA would have you think?

To be fair, it is about more than money. The TCC (the 9 victims of child sexual abuse) could have simply sought that. They didn't. They insisted on putting in non-monetary provisions that will force BSA to report the amount of abuse in scouting TODAY. It isn't just about the money. And I say: bravo TCC! Stop the BSA from hiding the data.

I am really not sure what case that is. That BSA refuses to report the number of YP violations? That the TCC is forcing it, under COURT ORDER, to do so? I fully support that case. Yep. BSA needs to stop hiding, hiding, hiding. So I have a challenge for @HelpfulTracks. Here, now, today, this minute: can you answer any of these three using ONLY resources available to the general public? Not any insider knowledge you may have. Who is the BSA board? Who is in charge of YP for BSA? Either paid professional, volunteer committee members, or both. I'll take any. How many occurrences/how prevalent is child sexual abuse in scouting today? No? Ok then.

Yep. And that is a 100% factual statement: BSA does NOT report the number of YP violations.

The same pro se litigant is demanding document and other discovery from BSA and Crossroads of the West Council and to produce any document related to him for his inspection. And he wants to personally depose BSA's CFO for at least 6 hours. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/76315b8c-18c0-435a-9f40-a46bc1872aac_6470.pdf He's actually doing it somewhat right. He's made an attempted demand to the council, etc. And since he is a listed abuse victim, I won't use his name.

One of the abuse victims is now suing pro se...the TCC, the BSA, the Coalition, the FCR, and everyone else associated with the RSA. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/0aa9c253-d46d-4d1e-97b0-12e50666affe_6469.pdf He is demanding at least $4.5 million.

Interesting calculator https://boyscoutssexualabuse.com/estimated-recovery-calculator/ Put in the state. Put in the type of abuse. Get your estimate.

Also keep in mind there was mediation at the end of last week. I keep thinking/expecting a 5-6pm mediators report from out of nowhere right before tomorrow's hearing.

Kosnoff: Coalition is already soliciting (per court's order, not suppose to start until October 15)