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BOY SCOUTS of AMERICA and Case No Case 20-10343-LSS Doc 1482 Filed 10/11/20 Page 1 of 5 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. Case 20-10343-LSS Doc 1482 Filed 10/11/20 Page 2 of 5 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 2 Case 20-10343-LSS Doc 1482 Filed 10/11/20 Page 3 of 5 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. 3 Case 20-10343-LSS Doc 1482 Filed 10/11/20 Page 4 of 5 Specifically, I understand that the BSA’s electronic registration system was not implemented until 1999. [Remainder of Page Intentionally Left Blank] 4 Case 20-10343-LSS Doc 1482 Filed 10/11/20 Page 5 of 5 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 5 Case 20-10343-LSS Doc 1482-1 Filed 10/11/20 Page 1 of 4 Exhibit A Case 20-10343-LSS Doc 1482-1 Filed 10/11/20 Page 2 of 4 Case 20-10343-LSS Doc 1482-1 Filed 10/11/20 Page 3 of 4 From: Vijay Challa <[email protected]> Sent: Monday, September 21, 2020 1:07 PM To: Michael Creagh <[email protected]>; Teresa Condon <[email protected]>; Ryan Hill <[email protected]>; David Kerley <[email protected]>; Burgin Hardin <[email protected]> Subject: Re: Text Messages after BSA online application Regards, Vijay From: Michael Creagh <[email protected]> Date: Monday, September 21, 2020 at 8:44 AM To: Teresa Condon <[email protected]>, Vijay Challa <[email protected]> Subject: RE: Text Messages after BSA online application ++ 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 <[email protected]> Sent: Monday, September 21, 2020 8:41 AM Case 20-10343-LSS Doc 1482-1 Filed 10/11/20 Page 4 of 4 To: Michael Creagh <[email protected]> Subject: FW: Text Messages after BSA online application Any thoughts? Teresa Condon P 972.580.2060, ext. 10053 From: Zaida Holmes <[email protected]> Sent: Friday, September 18, 2020 6:06 PM To: Teresa Condon <[email protected]> Subject: Text Messages after BSA online application 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.
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