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I apologize for being overly involved and responding so frequently. I think I should allow you guys to strategize and discuss your concerns and plans among yourselves I may chime in at some point later or if invited. 

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What is legally right is not always morally right.

I would encourage everyone to not ask @ThenNow to rehash particular circumstances. They can be found by patiently browsing his posts. From what I read, they were far from legal. His claim would have b

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Based on what I am hearing, the $300M of LC assets are nearly 100% of unrestricted assets at LCs.  Payment is expected from LCs this year so watch for a surge of camp sales.  

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So there's supposed to be a three-day mediation session starting on March 30th.  Parties were invited to intend in-person in Miami, Florida, but they will also have the option to attend over Zoom. At the last hearing, when the judge was saying she expected all parties to attend and work together to make progress, Mr. Stang (TCC counsel) said that he has pre-existing conditions and would only participate via Zoom.

This morning, the TCC filed a motion (as well as another motion for an expedited hearing on the motion) to force everybody to only attend via Zoom.

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/883420_2427.pdf

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/883423_2428.pdf

They say,

"Miami is not convenient to anyone but Debtors’ counsel and it is an epicenter of the COVID-19 pandemic. In fact, on March 20, 2021, the mayor of Miami Beach declared a state of emergency in an effort to control rampaging throngs of largely mask-less students, whose disregard for public health and safety has been nothing short of stunning. Even as COVID-19 infections have declined significantly in much of the country, the positive-test rate in Miami-Dade County has increased from 5.97% to 9.18%,3 and it now accounts for approximately 22% of all Florida COVID-19 cases.4 Miami is among the cities with the highest risk of variant strains of the virus taking root, and in fact variant strains have been detected"

and go on to cite several more news articles about the situation in Florida...

I don't remember who suggested it, but I agree: in-person mediation might be more productive if it's conducted at Florida Sea Base or Summit Bechtel or Philmont or Northern Tier.  Also safer, more fresh air, fewer crowds.

For those who've been there, how long is the drive from the Miami airport to Florida Sea Base? Are there any on-base accommodations suitable for aged lawyers with health conditions, or any nearby reputable motels?  Any concerns about network bandwidth to the site... anything that a few grand (in other words, less than the combined billing for all of the lawyers in attendance for a couple hours) couldn't address?

 

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26 minutes ago, DavidLeeLambert said:

For those who've been there, how long is the drive from the Miami airport to Florida Sea Base?

They still have to go through the airport full of, how to say this nicely, a bunch of hung over, indestructible students.

I agree that zoom is the worst place to do this. It's as impersonable as it gets. I'd suggest a council camp in Tennessee or some other place where the weather is nice. Maybe seeing a council camp will help explain the perspectives of the two sides.

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On 3/21/2021 at 9:04 PM, ThenNow said:

I apologize for being overly involved and responding so frequently. I think I should allow you guys to strategize and discuss your concerns and plans among yourselves I may chime in at some point later or if invited. 

I like having your perspective, so consider that an invite. :)

Of course, the more any of us say, the more we find someone starkly opposed to it in whole or in part. But that's the point. Most of us put things out here because it prepares us to have cogent discussions with other scouts, scouters, and concerned community (and even victims of abuse) in real life.

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1 hour ago, DavidLeeLambert said:

Mr. Stang (TCC counsel) said that he has pre-existing conditions and would only participate via Zoom.

Send other reps from the TCC. I hope the judge denies the motion.  I’m ok if they meet somewhere else, but it should be in person.   
 

 

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On 3/19/2021 at 10:07 AM, ThenNow said:

Estimation will allow for argument about value, but not arguing negligence or baseline liability, in my view.

In court, probably.  In personal opinion, no.  I'll continue to argue that this lawsuit is morally bankrupt and will help no one.  It will damage all who touch it except the lawyers.  

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3 hours ago, Eagle1993 said:

Send other reps from the TCC

He is lead, as in totally and unequivocally lead, counsel. It cannot and will not happen without him, regardless the venue or medium. 

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5 minutes ago, ThenNow said:

He is lead, as in totally and unequivocally lead, counsel. It cannot and will not happen without him, regardless the venue or medium. 

Can the judge order his appearance?

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17 minutes ago, Eagle94-A1 said:

Can the judge order his appearance?

No. She already said Zoom or in person. He’s asking for a Covid-based fairness modification. During the hearing, he did protest the failure to consult with all mediation parties prior setting the meeting. His point is well taken, but very problematic. Zoom is terrible for this. Maybe they go to LA where he is. That may be the push. 
 

Well, I guess she could, but I highly doubt it with his Covid argument. Neutral turf would be best imho. No one asked me though. I’m still voting for Lawyers’ Survivor Island.

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21 minutes ago, ThenNow said:


 

Well, I guess she could, but I highly doubt it with his Covid argument. Neutral turf would be best imho. No one asked me though. I’m still voting for Lawyers’ Survivor Island.

Is that gonna be on TV? :)

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1 hour ago, 5thGenTexan said:

Is that gonna be on TV? :)

Naw.  The producers of these shows want the audience to be rooting for at least one of the contestants to survive.

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Wow, this whole ball of wax is heartbreaking for those of us who love Scouting. Regardless of the changes, alleged impropriety,  regardless of personal opinions, there are those who will work through this crisis and do whatever needs to be done to survive. I certenly don't want anyone who has falsely accused the BSA to receive one red cent from anyone.  On the other hand there are some who were abused years ago and that have been negitively effected throughout their lives as a result of that abuse and, in my opinion, deserve compensation.  I think these claims should be scrutinized and perhaps the claimant should be deposed to ensure the validity of their acuzation.  No matter the outcome, BSA looses and it will take a lot of dedication and work if the BSA will survive to serve new generations of young Americans!

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21 minutes ago, walk in the woods said:

Yeah, if he's making a COVID argument and suggesting CA, he'll get the same argument thrown back in his face.

The TCCs motion intends to put everyone on the same playing field by having all participants on Zoom.  Suggestions that TCC members, who are victims, put their physical health at risk via traveling to a site where there Covid-19 is running rampant, after suffering years of mental effects from their abuse via BSA involvement, is what made the TCC's professionals address this.   TCC members do not wish to be victims again and are thinking of the well-being of all involved; their professionals and others.   As well, suggesting that any of this occur at a BSA facility is not well-considered when considering the victims and the impact of that.  Whether this occurs completely via Zoom or not, it's safe to assume that the TCC will have representation on-site if needed and has complete plans in place to be actively engaged in-person or virtually.

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