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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
BOY SCOUTS OF AMERICA AND Case No. 20-10343 (LSS) DELAWARE BSA, LLC,1 (Jointly Administered) Debtors.
DECLARATION OF BLAIR M. WARNER IN SUPPORT OF DEBTORS’ LIMITED OBJECTION TO THE 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
I, Blair M. Warner, being duly sworn, hereby declare as follows:
1. I am an associate of the law firm Sidley Austin LLP (“Sidley”) based in its office located at One South Dearborn Street, Chicago, Illinois 60603.
2. I submit this declaration (this “Declaration”) in support of the Debtors’ Limited
Objection to the 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 (the “Limited Objection”), filed concurrently herewith.2
3. Except as otherwise stated in this Declaration, I have personal knowledge of the facts set forth herein. If called upon to testify, I would competently testify to the facts set forth herein.
1 The Debtors in these chapter 11 cases, together with the last four digits of each Debtors’ federal tax identification number, are as follows: Boy Scouts of America (6300) and Delaware BSA, LLC (4311). The Debtors’ mailing address is 1325 West Walnut Hill Lane, Irving, Texas 75038. 2 All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Limited Objection.
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4. The Court has authorized the Debtors to retain and employ Sidley as their lead bankruptcy counsel, nunc pro tunc to the Petition Date, pursuant to the Order Authorizing the
Retention and Employment of Sidley Austin LLP as Attorneys for the Debtors and Debtors in
Possession, Nunc Pro Tunc to the Petition Date [Docket No. 758].
5. Attached as Exhibit A hereto is a true and correct copy of an email I received on
September 21, 2020 from Jessica C. K. Boelter. The email I received forwarded a series of emails, including an email from Zaida Holmes, who I am informed and believe is an Office Manager for the San Diego – Imperial Council, to Teresa Condon, who I am informed and believe is a Team
Manager for the BSA Member Care Contact Center, containing a copy of a text message. I am informed and believe that the text message was sent to Ms. Holmes’ cell phone.
6. The text message in Exhibit A purports to be from “Digital Trend Metrics, Inc.
(D/B/A “Join-Class-Action.com”), a Delaware corporation.” Based on an investigation conducted at my direction, I am informed and believe that no such entity exists on the Delaware register.
Instead, Digital Media Metrics appears to be a registered business name of Texas Email Company
LLC, which is owned by Advertising Worldwide LLC.
7. Attached as Exhibit B is a true and correct copy of a screen shot of a text message that was provided to me on October 6, 2020. I am informed and believe that this text message was received by an attorney who brought the text message to the attention of the BSA.
8. Attached as Exhibit C hereto is a true and correct copy of an email I received on
October 5, 2020 from Steve McGowan, General Counsel of the BSA. The email I received forwarded a series of emails, including an email that Tracey Glover, who I am informed and believe is an Assistant Scout Executive, received on her personal email account and forwarded to
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Wayne R. Pancoast, who I am informed and believe is a Scout Executive for the Jayhawk Area
Council. I am informed and believe that the email was sent to Ms. Glover.
9. Attached as Exhibit D is a true and correct copy of an email I received on
September 20, 2020 from Joseph C. Celentino, counsel to the Ad Hoc Committee of Local
Councils. The email I received forwarded a series of emails, including an email from Andrew
Sisolak, who I am informed and believe is Director of Field Service for the Western Los Angeles
County Council, to Matthew Thornton, who I am informed and believe is a Scout Executive for the Western Los Angeles County Council, containing an attachment of a screen shot of a text message. I am informed and believe that this text message was received by a volunteer who brought the text message to the attention of the BSA.
10. Attached as Exhibit E hereto is a true and correct copy of an email I received on
September 24, 2020 from Jessica C. K. Boelter. The email I received forwarded a series of emails, including an email sent to Edmon L. Morton, a partner of the law firm Young Conaway Stargatt
& Taylor, LLP, containing an advertisement regarding these cases. I am informed and believe that the email advertisement was sent to Mr. Morton.
11. Attached as Exhibit F hereto is a true and correct copy of an email I received on
September 29, 2020 from Jessica C. K. Boelter. The email I received forwarded a series of emails, including an email sent to Tim Cullen, a partner of the law firm Cullen & Co., PLLC, containing an advertisement regarding these cases. I am informed and believe that the email was sent to Mr.
Cullen.
12. I understand, based on my communications with the Debtors and their advisors, that the BSA has Rosters only from approximately the last twenty years in its possession.
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Specifically, I understand that the BSA’s electronic registration system was not implemented until
1999.
[Remainder of Page Intentionally Left Blank]
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I declare under penalty of perjury that, after reasonable inquiry, the foregoing is true and correct to the best of my knowledge, information and belief.
Dated: October 11, 2020 Chicago, Illinois /s/ Blair M. Warner Blair M. Warner Associate SIDLEY AUSTIN LLP
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Exhibit A
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From: Vijay Challa
Regards, Vijay
From: Michael Creagh
++ Vijay
Vijay,
good morning, Please look at the email from the San Diego office manager below. I will reach out to her directly to see if we can contact the parent that sent this to the scout office.
Mike
Michael M. Creagh, CFRE | Manager, Member Applications
BOY SCOUTS OF AMERICA Information Technology Group 1325 West Walnut Hill Lane | P.O. Box 152079 Irving, Texas 75015-2079
B: 972 580-2490 | C: 618 980-2884 | F: 972 580-2331
From: Teresa Condon
To: Michael Creagh
Any thoughts?
Teresa Condon P 972.580.2060, ext. 10053
From: Zaida Holmes
Are we aware of any type of test messaging going out from our online membership application platform? One of our leaders informed us of this text.
BTW, since the time I registered on the boy scout page, I have been getting these spam messages on text. Example below; something we should be aware of and let others know. Message as follows: "The Boy Scouts Are Being Sued! Were You Abused ; Compensation ls Available : Claim Quickly ; http://sttlementfri.com/bsct2/BWJfkfX "
With Aloha
Zaida Holmes | Office Manager
SAN DIEGO – IMPERIAL COUNCIL Boy Scouts of America 1207 Upas Street San Diego, CA 92103 P 619.298.6121 x236 [email protected]
The San Diego – Imperial Council, Boy Scouts of America is an independent 501(c)3 non-profit authorized through a local charter from the Boy Scouts of America to deliver their programs in the San Diego and Imperial Counties.
This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.
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Exhibit B
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Exhibit C
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From: Warner, Blair Sent: Thursday, October 8, 2020 11:39 AM To: Barajas, Andres Subject: FW: Bankruptcy Email
BLAIR M. WARNER Associate
SIDLEY AUSTIN LLP +1 312 853 4095 [email protected]
From: Steve McGowan
From: SE Legal
From: Wayne Pancoast
FYI. Below is an email that my Assistant Scout Executive received on her personal email account.
Wayne R. Pancoast | Scout Executive/CEO BOY SCOUTS OF AMERICA Jayhawk Area Council www.jayhawkcouncil.org
1020 SE Monroe St. Topeka, KS 66612 W 785.276.3350
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STOP. THINK. CLICK.
This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.
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Exhibit D
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From: Warner, Blair To: Barajas, Andres Subject: FW: Screenshot 2020-09-19 at 11.05.32 AM Date: Friday, October 9, 2020 5:54:25 PM Attachments: Screenshot 2020-09-19 at 11.05.32 AM.png
BLAIR M. WARNER Associate
SIDLEY AUSTIN LLP +1 312 853 4095 [email protected]
-----Original Message----- From: Celentino, Joseph C.
Passing along as an FYI.
-----Original Message----- From: Matthew Thornton
*** EXTERNAL EMAIL ***
We are starting to see a lot of this type of solicitation to our current volunteers and parents.
-----Original Message----- From: Andrew Sisolak
Matt,
Here is the image of the text message our volunteer received.
This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. Case 20-10343-LSS Doc 1482-4 Filed 10/11/20 Page 3 of 4
======Please be advised that this transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, please do not read, copy or re-transmit this communication. If you have received this communication in error, please notify us by e-mail ([email protected]) or by telephone (call us collect at 212-403-4357) and delete this message and any attachments.
Thank you in advance for your cooperation and assistance. ======Case 20-10343-LSS Doc 1482-4 Filed 10/11/20 Page 4 of 4
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Exhibit E
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From: Warner, Blair Sent: Friday, October 9, 2020 5:56 PM To: Barajas, Andres Subject: FW: Were you or a loved one a victim of sexual abuse in the Boy Scouts?
BLAIR M. WARNER Associate
SIDLEY AUSTIN LLP +1 312 853 4095 [email protected]
From: Boelter, Jessica C.K.
Jessica C.K. Boelter Sidley Austin LLP Office: 212-839-7369 Cell: 312-371-1921 [email protected]
From: Brady, Robert
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Just a FYI. Ed Morton got the below email and I note it appears to violate the order the Court recently entered supplementing the bar date order.
Robert S. Brady, Chairman and Partner Young Conaway Stargatt & Taylor, LLP Rodney Square, 1000 North King Street Wilmington, DE 19801
P: 302.571.6690 | C: 302.750.3890 | F: 302.576.3283 [email protected] | www.youngconaway.com | vCard
This message may contain confidential attorney-client communications or other protected information. If you believe you are not an intended recipient (even if this message was sent to your e-mail address), you may not use, copy, or retransmit it. If you believe you received this message by mistake, please notify us by return e-mail, and then delete this message. Thank you for your cooperation. From: Edmon Morton
Begin forwarded message:
From: "BoyScoutsAbuseLawsuit.com Info"
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Exhibit F Case 20-10343-LSS Doc 1482-6 Filed 10/11/20 Page 2 of 5
From: Warner, Blair To: Barajas, Andres Subject: FW: Boy Scouts Of America (BSA) Bankruptcy Date: Friday, October 9, 2020 5:59:42 PM Attachments: ~WRD000.jpg image001.jpg
BLAIR M. WARNER Associate
SIDLEY AUSTIN LLP +1 312 853 4095 [email protected]
From: Boelter, Jessica C.K.
From: Steve McGowan
FYI
From: SE Legal
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From: Tim Cullen
FYI an unsolicited advertisement I received below.
Tim Cullen CULLEN & CO., PLLC P.O. Box 3255 Little Rock, AR 72203 (501) 370-4800 phone (501) 370-9198 fax www.cullenandcompany.com [email protected]
Begin forwarded message:
From: "ForLawFirmsOnly Marketing, Inc."
Hope You Are Having A Great Day!
Please note: if you no longer wish to receive our emails, you can unsubscribe using the link at the bottom of the email or reply to this email Case 20-10343-LSS Doc 1482-6 Filed 10/11/20 Page 4 of 5 with "unsubscribe" in the subject line. Thank you! Boy Scouts Of America (BSA) Bankruptcy BSA started their $6M notice campaign yesterday that will run though October 17 for BSA survivors who were sexually abused as minors in the scouts. We have seen all along the spill over from lawyers' TV ads into digital media and this notice campaign will not be any different. We are expecting more cases as TV advertising ramps up and survivors look on their phones for a law firm to handle their case. We saw more than 5,000 survivors reach out to us in August for help and the number in September is already past 4,000 survivors that have reached out so we do expect the deadline and the notice campaign to push numbers even further. Attorneys involved in this litigation that I have spoken with in the last few days strongly believe that the average compensation will be around $100,000 per victim. The amount of course will be determined based on the type type of abuse and the length of time the abuse occured. It is not too late to get involved. The only relief will be a claim in United States Bankruptcy Court. This will be in Delaware. Developments will move rapidly and therefore time is of the essence for those who want to file claims. The bankruptcy court established a November 16, 2020 deadline in which sexual victims must file their claims or they will be forever barred from receiving compensation. Victims of sexual assault experience long lasting effects on both their physical and mental health. Feelings of shame and guilt can make the victim feel weak and powerless, especially when those in power offer no protection. When evidence points to institutions knowing of abuse and doing nothing to remove the perpetrator (be it a student, teacher, coach, or other employee), victims don’t know where to turn and sometimes choose not to report the crime. Contact Ed Lott to setup a campaign at [email protected] or call 855-943-8736. We are also expecting some BIG NEWS IN BSA in the coming days and we still think this is the best Mass Tort around right now to invest in, but time is running out. Delivering: Zero Risk Mass Tort Cases™ Zero Risk MVA Cases™ Zero Risk Personal Injury Cases™ Rapid Results Lead® Best regards, Ed Lott, Ph.D., M.B.A. President and Managing Partner Your Virtual CMO ForLawFirmsOnly Marketing, Inc. A Client Acquisition Company ForLawFirmsOnly.com
855-943-8736 x101 [email protected]
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This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.