DEIULIIS et al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL Doc.

23
Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

NICOLA DEIULIIS, a minor, by his )

guardian, ANNETTE DEIULIIS, and )
ANTTE DEIULIIS in her own right, )
)
Plaintiff, )
)
v. ) Civil Action No. 05-01 077
)
BOY SCOUTS OF AMERICA )
NATIONAL COUNCIL, )
)
Defendant. )

APPENDIX IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Exhibit Description

A Complaint

B Fed R. Civ. P. 26(f) Report of the Parties

C Affidavit of Michael C. Childers

Respectfully submitted,

BURS, WHITE & HICKTON

David B. White
PA LD. No. 36684
Mark E. Schweers, JI.
P A LD. No. 92789

Four Northshore Center

106 Isabella Street
Pittsburgh, P A 15212
(412) 995-3000
(412) 995-3300 (fax)

Counsel for Defendant

Boy Scouts of America National Council
Dated: March 9, 2006

Dockets.Justia.com
 Case1S:
AUG 12 2005 2:05-cv-01077-DWA
13 FR Document 23 Filed 03/09/2006 Page 2 of 20
TO 914129953305 P.02

IN THE UNITED STATES DISTRICT COURT

FOR THE WETERN DISTRICT OF PENNSYL VANIA

NICOLA DeIULIIS, a minor, by his J

CIVIL DIVISION
Guardian, ANNElE DeIULIIS, and I
ANNEIE DeIUUIS, in her own right, ) No. 2:05-cv-lOn
Plaintiffs J 1

vs. J J

BOY SCOUTS OF AMEroCA J)

NATIONAL COUNCIL, )
Defendant. ' ) )

COMPLAINT

1. Plaintiffs are citizens of thé ,Commonwealth of Pennsylvania; Defendant, Boy

Scöuts of America National Council, is a corporation incorporated under the laws of the state of
Texas, having its principal place of business within the state of
Texas. The matter in controversy
exceeds, exclusive of interest and costs, the sum of $75,000.00.
2. On Sunday, August 15, 2004, at approximately 12:49 p.m. on State Route 366 in
Washington Township, Westmoreland County, an agent and/or regÎstered volunteer of the
Defendant, Boy Scouts of America, while in the course of his duties as an agent or a volunteer,
wilfully, recklessly or negligently drove the motor vehicle which he was operating, in which the
minor PlaÌntiff Was a passenger, off the roadway and into a drainage ditch and then an
embankment
3. As a result, the minor Plaintiff was thrown about the interior of the vehicle and
suffered severe and irreversible damage to his internal organs and other parts of his body which
has resulted in global, as well as specific harm; the minor Plaintiff has also sustained a loss of his
abilty to earn a Jiving In the future; he and his family have suffered great pain of body and mind,
and incurred expenses for medical attention and hospitalization in the past and wil continue to
incur such expenses in the futue.
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 3 of 20 P.03
AUG 12 2005 is: 13 FR TO 914129953305

4. Annette DeIuliis, the Parent and Guardian of Nicola Delulíìs, has suffered

independent financial injury and great pain of body and mind as a direct result of her son's
injuries.
5. The injuries to the Plaintiffs are the product of deliberate indifference and
constitute reckless and outrageous conduct on the part of the Defendant, warranting the
assessment of exemplar damages against the Defendant.
WHEREFORE) PlaIntiffs demand judgment against Defendant for economic losses, past

medical expenses, damages for future medical and health care expenses, general damages as

allowed by law, punitve damages, and costs.

By:

1735 Lincoln Way

Whte Oak, Pennsylvania 15131
(412) 672-544

Counsel for Plaintiffs, NIcola DeIulis, a

Minor, by his Guardian, Annette Delulis, and
Annette Deluliis, in her own right

JURY TRIAL DEMANDED

 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 4 of 20
AUG 12 2005 is: 13 FR P.04

, i
TO 914129953305
~.: . lítLtIVI:P J

AO:x (1:w)
NOTICE OF LAWSUIT AND REQUEST FOR- -,..
J(iSK7"~'::ì !
WAIVER OF SERVICE OF SUMMONS
BOY SCOUTS OF AMRXCA NATIONAL COUNCIL
TO: (A)

as (8) of (C)

A lawuit has be commenc against you (or the entity on whose behalf you are-
addressed.) A copy of the complaint is attached to this notice. It has been filed in the
Unite States Distrct Court for the (D) Western District of
Pennsylvania and has been assigned the docket number
(E)
2:05-cv-ion

This is not a formal summons or notificaUon from the Court. but rather my request that you
sign and rerum the énose waiver of servce in order to save the cot of serving you with a jUdicial
summons and an additonal copy of the complaint. The cost of service will be avoided if I receive
a signed copy of the waiver within (19 -;n days after tha date designated below as the date
on which this Notice ànd Request is senl. I enclose a stamped and addressed envelope (or other
means of a cost-free retum) for your use. An extra copy of the waiver is also attched for your
recrds.
If you comply wi this request and return the Signed waver, it will be filed with the Coii and
no summons will be served on you. The action will then proced as if you had been served on the
dae th waiver is file, excpt that you WIll not be obligateQ to answr tha complaint before 60 da
frm the date designated below as the date on which this notice is sent (or before 90 days from the
date if you address is not in any judicial district of the United States.)

!fyou do not return the signed waiver within the time indicated. i will
lake appropriate steps
to effect formal service in a manner authoried by the Federal Rules of Civil Procedure and will
then, to the extent authoried by those Rules, ask the Court to require you (or the part on whose
belf yo are addrssed) to pay the full costs of such service. In that connection, please read the
statement concerning th duty of parties to waive the service of the summons, which is set forth at
the foot of the waÎver fomi.

! affrm that this request is being sent to you on behalf of the plaintiff. this 5th day
of Augus~ 2005

A -Mim o1lnMd ø--- (or Il 01 ~ Of i: 01 co detii)

B - ni, ~ i; ~ of !f to coll oeteo
c -N~ of co. åeft. If ii
D -D1m
E -O /' ölll
F -A~ IT be QM ailo 30 da (SO ~ iflill ii fo ai ii wt to ti: wi
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 5 of 20
AUG 12 2005 16: 14 FR TO 914129953305 P.06

- foPý-
AO ~ II v;)

WAIVER OF SERVICE OF SUMMONS

TO: Victor H. Pribanic, Esq. and/or Sherie L. Painter, Esq.
(NE Of ~_s ATTOREY Ofl)EPR P\

I acknowledge receipt of your request that I waive service of a summons in the

action of DeIuliís, e.t al. v. Boy Scouts of .AmeriCa Nat 11 . ~tbhírs case number
lCA0N Of AcroO

2: OS-cv-1077
in Lhe United Staes District Court for the
(l NUMB
Westen: Distct of Pe.nnsyl vania
i have also received a copy of the complaint in the action. two copies of this instrument,
and a means by which I can r~tum the signed waiver to you without cost to me.

I agree to save the.cQst of service of a summons and an additional copy of the

complaint in this lawsuit by not requinng that I (or the entiy on whose behalf I am acting)
be served with judicial process in the manner provided by Rule 4.

i (or the entity on whose behalf I am acting) wil retain all defenses or objections to
the lawsuit or to the jurisdiction or venue of the Court except for objeions base on a defect
in the summons or in the service of the summons.

i understand that a judgment may be entered against me (or the part on whose
behalf I am adlng) if an answer or motion under Rule 12 is not served upon you within 60
days after August 5 ~ 2005 l or within 90 days after that date if the request was sent
!Ota ~_ wnQ
outside the United States.

(OA TE

PrintIyp Name r.

As of
(T) ieo ~lr
Du to.. l!ry Co ri s. d ~a
Rvi. 4 of l: F- R"* rA eM P~u.. reltt -l f* !l ~ in ~ _ry ~ r:.. r: ih sumo:t t:plaln A .
è.lnd.ri lo ir ø. Utla ai .. - bo"lI''" ct in ll and a. by i ~ Io ii \l UAiI $t '" -- .. d ~ fai. IP li OQ"'
t. _IJi- '" _, Ì! c: å au w.. wi"' Oo eo"" ti ,. II lt f;~r.lD "' ..no i- ""~.
~ l& no 0Q Ç4t. /0 ""1,,,.tø -;" .. ii l l'rt ~!h ii CMi:ri II utft, 01 ~ IN II ii. i- lx in "' imllt- ~ .. In
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(-i &rt ~ Ib .. ~ tA 10 ø. l- Ø( lt wmtli. 11 -i Ialt oe '" IN juri~ ct IN CO Of 10 .. pl .. ih ~ i- i. ~
A ~,; -i.. -w _ wi IN Ð- ~ on.. ws ic.. on lt plin& ~ (c~ pL.. __ to \N
~in.". ml)al$i-. IlM( eoClii ~wi "' c. iii _OI~ i. no_""ti Il ,,-iÌ'mw..ybe 1Iic _lMlll
~ri 8y-i"" HM. " 6t..~ _ ti io __ ÒW ~ IN Iù ho _ ~ UM.. lh noi-Io ~ ct ~ _ ~.
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 6 of 20
AUG i 2 2005 i 6: 14 FR TO 914129953305 P.07
r.ihrm!rnain:
8/4/05 545 PM

"'~*NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid
later charges, download a COP)' of each docunient during this first viewing.

U.S. District Court

Western District of Pennsylvania
Notice d Electronic Filing
The following rransiiction wiis received from Victor H. Pribanic entered On H/412005 at 5:27 PM EDT and tiled on
8/3/2005 ~
Case Name; DE1Uurs ßt al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL
Case Number: 2:05~cv- i 077
Filer! NICOLA DEIULlrs
ANNETTE DEIULlIS
Document Number: l

Docket Tcxt~
COMPLANT against BOY SCOUTS OF AMERICA NATIONAL COUNCIL ( Filing fee .$ 250 l'¿ceìpt number 05-
4854.), filed by NICOLA DEIULllS, ANNEITE DEIULIIS. (Attachments: # (I) Civil Cover Sheet # (2) Summons)(ksa)

TI1e following docutnent(s) ure associ.ired with this transaction;'

Docment description:Main Document

Original fienanie:n/ll
Electronic document Stamp:
rSTAMP dcecfSiamp_ID=10984691 14 rDule::8/412005) lFileNumbel'::34185-0J (
c6ffc 1 596ec! a93t8940aSO I a3 8ct7 e 7fc40aadd l c2c9680c6364dà5c6fdc309aa J 6
Bfd27 66 1 5b6521 e9cSbaad&b604d3ecaca 7 e6517bf568bf7 5e 7 d8c 15e8 J)
Document description:Civij Cover Sheèt
Origìnal filenanie:n/a
Electronic docunient Stap:
(STAMP dcecfStarp_ID::l 098469114 fDate=8/4/20051 rFileNuinbet=34185- 1 1 (
4a4a05e ISbSl c44geaafc243de 7 cb539ffc50a8bc6ca3ee2705d4414a I b981 beb2223a
37d09070del e4b59b81243ge743032c6b7fd41 cc283e7e80f5d78c23d2JJ
Doçument descr~ption;Slimmons
Origial filename:nla
Electonic document Stamp:
(STAMP dcecfStamp_ID=1098469114 fDate=8/4/2005J rFiJeNumber=34
I 85-2J f
9d 1 083 J 2a40fd31 bJ aa847fc420ab 12c5Oca6c3e4298c434a2268f5b07b97e8a026cOa
a2909d98ef58ee 188R8345b4660eflbee60509a96c9020496e3 7 45423b))

2:0S-cv.1077 Notice wìl be electronically mailed to:

Sberie L. Painter spaintert1pribaníc.com

Victor H. Pribanic spainter(ß pribaníc.com

2:0S-cv.1077 Notice wil be delivered by other means to:

mhimlrnain'
Page 1 of 1
 Case16:
AUG 12 2005 2:05-cv-01077-DWA
14 FR Document 23 Filed 03/09/2006 Page 7 of 20
TO 914129953305 P.08
The J$-44 civii cover sheer anò the. information coih¡¡in~d herein neiiher repliice nor sy¡:plemeni the filir. .d sc:rvici: oîpl~adings or other papers as required
bv law, exccpi as provided by local rules of coun. TIiis form. approved by ¡he Judicial Conference o(the Unilcd States In September 1974. is required for
¡he use of the: Clerk of Coun for the: purpose of iniiiating the civil docket sheeL (SEE JNSTRUCTIONS ON THE REVERSE OF THE FORJIIL)
1. (ll) PLAINTIFFS DEFENDANTS
NICOLA DeIULXIS, a minor, by his Guardian, BOY SCOUTS OF ~~RICA NATIONAL
ANNETTE DeIUIIS, and AN~TTE DeIULIIS, in COUNCIL
her own right:,
First Listed Plaimiff
Westmoreland
(b) Coumy of Residence of (ounzy of Residence of First Listed Defendll1 Unknown
(EXCEPT JN U.S. PLAINTIFF CASES) ON U.S. PLATIFF CASES ONLY)
NOTE; fN LA/''D CONDa1NA nON CASE. USE ni LOCTION OF TH
LAND mVOL VEP.

(c) AHorne)"s (Firm Name, Address, and Telephone Numl:r) AltOrneys (IrKnoWn)
Victor H. Pribanic
Sher1e Lynn Painter
PRIBANrC & PRIBANIC, LLC. 1735 Lincoln ~ay Unknown
White Oak. PA 15131 (412 672-5444
II. BAStS OF JURISDICTION (plac.an 'X~ in Oie Bo"O"ly) III. ClTIZENSHIP OF PRINC1PAL PARTIESO'8Clt'X'ii OicBo (orlWiuf
(For Diversiiy Ca'i Only) :md Oie13o:t (or Deendll)
Qi us. G~vernmenl o:i Federil Question Ciiizen ofThis SIal"
Pill P£'f I' DEI
IS J 0 1 Incorprated or Prc;p"i I'lácc 0 4 0 4
plaintiff (U.S. Government Nol a Par) of Busines In This State

oi U.S. Goycmmenl 1& 4 Díycrsity Ciii2en of Another SIale 0 2 02 InCOipriled and Principal Place D 5 r&5
Delendant . (IndiClte Citinship of Paries of Bt1ínes5 In Another Stae
in Item Il)
Citizen or Subject of a 03 03 Forei¡in Nation D 6 06
Forden COUnlrv
IV. NA TlRE OF SUIT (Place an "X" ;n One: Box Only)
CONTRCT TORTS Fo~r~ITUl'tJENALn .'
BANKRUPTCY OTllEl STA TU~
0 ii 0 i"$Unnce F£flSONAL INJY P);aSON,\l:'. INJUY 0 610 Agycilinn: 0 422 Appe 2& use 158 o 400 si.. Rcppoil!
0 J20 Miino 0 jiO AÎi¡IIlC a 36:2 Pc:¡al bjUJ 0 620 Olher Foo ik Drg o 410 AnlÌ!J
0 1~0 MIller ACt 0 315 Aii¡l:= ProduÚ Med. Mapr..ec 0 62. Drug Rclaled Seizure a 423 Wjlldrw¡ o 430 San lld Ba
D. 140 Nel-oú:il.. lnSWmcnl Lì..ilîty 0 %S I'crSOl Injur - of Piopa 211.SC SS 28 use 1:5 o ..50 Comie.CC Ri..i:.
0 150 ReCOc: ofOvctp;-mcnl 0 320 AS$;uJi. J.tx &; lrnuei Liabilty 0 630 WqUD! Law; o ~60 Dc
0
&: Enforcement of )\ldgmc:
t51 Ned¡""e Aa
Slander
a .no red=l Employer'
0 368 Asböcr Peronal
li¡ury 1'Uti
0
0
040 iUL & TneJ
6SD Airlii.. Rets
;-ROPERTY PJGE"f 0470~W'.:~:i
0 0 iio Copyrghts Ol Otg:wlÍ
1.52 R.covCl orpcfaulied
Srum, Loan. 0 340 Morne
L-Îwiiil) L.W;,lity
PERSONAL PROPERTY
0 660 Oçw¡;io¡¡¡J
o S30 Palcit o 810 Se ~
(Ed. Voll:) 0 345 Miiii Pruc
S"rtilN~11
0 &4 0 Tradcmar o !.50 SetiwCoodjiiei
0 1.3 R.cover or OVelJ3Y"t:i J.abiliry
a J70 Other Friiid
D 371 Truh in undios
0 690 Oter &i:,.
o !7S eu01er ci..lege
of V.i...l.. i3011cfi13 IS 3$0 Motor Vchicl o 380 Other Potõiial LA.BOR SOCIAL SF;CtRIT 12 use 3-IO
p 160 SIC,cl'¡'Olden;' Sui" 0 355 Motor Vclicl. Prer D..se
a 19D Other Contri; Pruc Liabiliry 0 385 PrDpe Dai.gt 0 110 FAir Lobo Sund. 0 861 HIA (13956) o 891 Agrç.ltÍ).cu
0 0 Aei 0 o B9i ~Îc Subili~rion Act
195 Cancrci Pl06uc¡ Li.bility 360 Oi~.,l'..oiiollnjuiy PrÒ1ç¡ Liability
a 720 LabmlMsmi. R.13liòll ci
SÕ2 Black LWl& (9-')
863 DIWO'IWW (40S(¡)) i: B93 ~~M.=
o B!l4 Ener Ali~ AC
R£ALP~OrE:RTY civu.. RIGHT PRISONER J'TJTiON5 0 . '0 864 ssm Title XV
730 LabolMgml:)l"li1iiif o 865 RS (405(g)) ci B9s r'te of
0 210 L-tl Condernn:ilan 0 441 Voting o 510 MoûOq$ to VaWllc 4t DiicloSl Ai; J.fomci M
0 220 ForecioSre 0 442 Employment Si:ençe 0 740 Jt~i1~y ~bor Ad . FEDERAL TAX SUIT o 90 Av ofec~omiii
0 2.'0 ;i",1 Le.e &, F¿""tmcr 0 Uiiil Et Ai to
0
a
140 Torts LD LMd
245 Tar Produt. L.iabilir a
443 HOUiiHf
Ao:modanon
44 Welfare
ci
0
H~hl= Coi
s~o Gc
s;i$ Dealh Penalty
0 790 Ocher L.bo Litisation
o ;;,\1 Ti.ai (US. l1~lIi.ff
or DefCl)
Jii
o 9SD CoMlÌlUl.iiy of
0 290 All Oib.. R~I Ptopa 0 ~40 Oùi Civil Rights 0 540 M2là~s b. Oic: 0 79) Em,,!. Rci.Jic. Selic St:
0 550 Civl Rî ihts Seçuriry Aç o 81 i IR Thrd Par o 890 Oi S=lOf N:OO
0 55S ~n ContiOl 26 use 160
.
V. ORIGIN (PLACE AN "X.. iN ONE BOX ONLY)
Traferred frOIT Appe to Distrct
Jiigi; frm
Jl J Original 0 2 Removed frm 0 3 Remanded from 0 4 Reinstated or 0 5 iiÚlr distrct
(specif) o 6 Mulijdistct o 7 Magisi:
Proi:eäing Siate CoUrt Appellate Cour Reopened Litigaiion Judgmc:t
VI. CA USE OF A CTION (Ciic the ~.s; C.ivi! S:lòuLe under v.iel y~ ore. fiUnr; and ..ie bref .iaiemoi or t;"'e.
Do not ..Ie JUn:dieuooiil 3l11l\i: unlcn diVCTlty.)
28 U.S.C ~1332 - Diversity of Citizensh'p and 28 U.S.C. §1391
Venue
VII. REQUESTED IN o CHECK IF THIS is . .DEMAND S CHECK YE only jf demanded in complail1t:
CQMPLAINT: UNDER F.R.C.?, 2 i. excess of $75,000 JURYDtMAND: rayel Ol'o
VlI. RELATED CASE(S) (See ínsllclions):
IF ANY None JU DO NUMI3El
DAn: OF AITO!ì OF RECORD
8/2/05
E USE ONLY

RECEIPT /I AMOUN APPLYIG lF 11 MAG.1tE

 Case16:
~UG 12 2005 2:05-cv-01077-DWA
14 FR Document 23 Filed 03/09/2006 Page 8 of 20
TO 914129953305 P.09

JS LfA.
RES£D OCBER 1993
IN Tl t1D STATE DISCT COURT FOR TH W'RN lnSTRlCT OF PENSYLV AN
no CAl: P£SIGNA nON SHEET Mtsr BE COMPLED

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** TOTAL PAGE. 09 **
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 9 of 20
Case 2:05-cv-010. . -DWA Document 9 Filed 10/14/,,-,J5 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

NICOLA DeIULIIS, a minor, by his CIVIL DIVISION

Guardian, ANNETTE DeIULIIS, and
ANTTE DeIULIIS, in her own iight, No. CA 5-1077

Plaintiffs The Honorable Donetta W. ~Ambrose

vs.

BOY SCOUTS OF AME~CA

NATIONAL COUNCIL,

Defendant.

Fed. R. Civ. P. 26(0 REPORT OF THE PARTIES

AND NOW comes Plaintiffs, Nicola DeIuliis, a minor by his Guardian, Annette
Deluliis, and Annette DeIuliis, in her own right, by and through their attorneys, Victor H.
Pribanic, Esquire, Sherie Lynn Painter, and Pribanic & Pribanic, L.L.c., and Defendant, Boy
Scouts of America National Council, by and through its attorneys, David B. White, Esquire, and
Bums, White & Hickton, and respectfully file the within Fed. R.Civ.P 26(f) Report of the Parties
and further aver as follows:

1. Identification of counsel and unrepresented parties. The following attorneys are the

counsel of record in the captioned matter:

Victor H. Pribanic, Esquire David B. White, Esquire
Sherie Lynn Painter, Esquire Mark E. Schweers, Jr., Esquire
PRIBANIC & PRIBANIC, LLC BURNS, WHITE & HICKTON, LLC
1735 Lincoln Way Four Northshore Center
White Oak, PA 15131 106 Isabella Street
(412) 672-5444 Pittsburgh, P A 15212
(412) 672-3715 fax (412) 995-3000
spai n ter(ä~p ribani c.coni (412) 995-3300 fax
Counsel for Plaintif dbwhite~bwhllc.com
Counsel for Defendant
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 10 of 20
Case 2:05-cv-0101, -DWA Document 9 Filed 10/14/L.~J5 Page 2 of 7

2. General nature of the case: On Sunday, August 15,2004, at approximately 12:49

p.m. on State Route 366 in Washington Township, Westmoreland County, Minor-Plaintiff, Nicola
DeIuliis, was injured in a one-vehicle accident while a passenger in a van operated by Samuel
Lombardo. Mr. Lombardo was returning from a Boy Scouts outing from Ohio Pyle State Park
with a group of boy scouts. As a result of the accident, Minor-Plaintiff sustained serious injuries
to his internal organs and other pars of his body. It is alleged that as a result of the accident the

Minor-Plaintiff may have sustained a loss of his ability to earn a living in the future. It is further
alleged that the minor Plaintiff has also sustained a loss of his ability to eam a living in the future;
he and his family have incurred expenses for medical attention and hospitalization in the past and
may continue to incur such expenses in the future.

3. The Rule 26(f) Conference was held on Friday, October 7,2005 between Sherie

Lynn Painter on behalf of the Plaintiffs, and Mark E. Schweers, Jr., on behalf of the Defendant.

4. This Honorable Court has scheduled the Rule 16 Initial Scheduling Conference for

Tuesday, November 8, 2005 at 9:15 a.m. in Suite 3280, Third Floor, U.S. Post Offce and
Courthouse Building, Pittsburgh, Pennsylvania. (Lead Trial Counsel and unrepresented parties
shall attend the Rule 16 Initial Scheduling Conference with their calendars in hand for the purpose
of scheduling other pre-trial events and procedures, including a Post-Discovery Status Conference;
Counsel and unrepresented paries shall attend the Rule 16 Initial Scheduling Conference prepared
to discuss the anticipated number of depositions and identities of potential deponents and the
anticipated dates by which interrogatories, requests for production of documents and requests for
admissions will be served).

5. To date, no party to this matter has filed a dispositive motion pursuant to

Fed.R.Civ.P. 12. It is presently undetermined if any party will in fact file a dispositive motion

pursuant to Fed. R. Civ. P. 12. The parties agree that any dispositive motion and brief
in support

shall be fied on or before 45 days after the close of discovery. The party responding to the

dispositive motion shall have three weeks to respond to an opposing party's motion. A reply brief
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 11 of 20
Case2:05-cv-01G -DWA Document 9 Filed10/14/~_J5 Page30f7

shall be due 5 business days after receipt of the response brief. The parties agree that if the

parties do not fie motions for judgment on the pleadings, for summary judgment, or to dismiss,

plaintiffs pre-trial narrative statement wil be fied by Monday, April 3, 2006. Defendant's pre-

trial narrative statement shall be due within 30 days of

the fiing of plaintiffs pre-trial statement in

accordance with Local Rule 16.I.4B.

6. To date, there has been no specific Alternative Dispute Resolution (ADR)

discussed. The parties agree that if they elect to engage in the ADR process, the completion of
the

ADR process will be on or before Tuesday, February 28,2006.

7. Rule 26(a)(1) disclosures will be exchanged by the parties on or before Friday,

November 4,2005.

8. Subjects on which fact discovery may be needed. (By executing this report, no

pary shall be deemed to (1) have waived the right to conduct discovery on subjects not listed
herein or (2) be required to first seek the permission of
the Court to conduct discovery with regard
to subjects not listed herein): Generally, it is believed that fact discovery may be necessary
regarding: (1) the incident which is the subject of Plaintiffs Complaint and (2) the injuries and
damages Plaintiff s claim arsing from the incident at issue.

9. The parties have agreed to the proposed suggested dates for the following:

a. Disclosures required by Fed. R. Civ. P. 26(a) are to be made on or before

Friday, November 4,2005;

b. Any additional parties shall be joined on or before Friday, January 6, 2006;
c. The pleadings shall be amended on or before Friday, December 23,2005;
d. Fact discovery should be completed on or before Friday, March 3, 2006;

e. The parties agree that discovery should not be conducted in phases nor should it
be limited to or focused on particular issues;
f. Plaintiffs' expert reports should be fied on or before Monday, March 13,2006;
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 12 of 20
Case 2:05-cv-0101 . -DWA Document 9 Filed 10/14!:_J5 Page 4 of 7

g. Depositions of plaintiffs' expert(s) should be completed on or before May 3l,

2006;
h. Defendant's expert reports should be filed on or before Monday, April 3, 2006;
1. Depositions of defendant's expert(s) should be completed on or before May 31,

2006;

J. Third party expert's reports should be filed on or before April

13, 2006; and,
k. Depositions of third party's expert(s) should be completed on or before May 31,
2006.

10. The parties agree that no changes should be made to the limitations on discovery

imposed by the Federal Rules of Civil Procedure or Local Rule and/or that no other limitations
should be imposed on discovery.

11. The parties agree there is no need for special deadlines, procedures or orders of
cour dealing with discovery of electronically-stored information (electronic discovery).

12. The parties have elected to schedule the Post-Discovery Status Conference

following the completion of Expert Discovery. The parties shall be prepared at the Post-
Discovery Status Conference to discuss and/or schedule the following: (The parties are not
required duiing their Rule 26(f) Conference to consider or propose dates for the items identified
below. Those dates will be detem1ined, if necessary, at the Post-Discovery Status Conference.
Lead trial counsel for each party and each unrepresented pary are required to attend the Post-
Discovery Status Conference with their calendars in hand to discuss those items listed below that
require scheduling. In addition, a representative with settlement authority of each party shall

be required to attend; representatives with settlement authority of any insurance company

providing any coverage shall be available throughout the Conference by telephone):
a. Settlement and/or transfer to an ADR procedure;
b. Dates for the filing of expert reports and the completion of expert discovery as itemized in
sub-paragraphs 9.f. through 9.k., above, if the parties elected to defer such discovery until
after the Post Discovery Status Conference
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 13 of 20
Case 2:05-cv-0101 . -DWA Document 9 Filed 10/14/L~J5 Page 5 of 7

c. Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies thereto and
responses to replies should be filed;
d. Dates by which parties' pre-trial statements should be filed;
e. Dates by which in limine and Daubert motions and responses thereto should be filed;
f. Dates on which motions in limine and Daubert motions shall be heard;

g. Dates proposed for final pre-trial conference;

h. Presumptive and final trial dates.

13. At this time, the parties are unaware of any additional orders necessary under

Fed.R.Civ.P. 16(b) or 26(c).

14. The parties do not anticipate the court needing to appoint a special master to deal
with any matter regarding this case.

15. The parties have agreed with regard to all subjects for which a report is required as
set forth above.

16. At this time, the paries have not considered the possibility of settlement of the

action as discovery in this matter has just begun.

Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 14 of 20
Case 2:05-cv-01ú. . -DWA Document 9 Filed 10/14/4.~J5 Page 6 of 7

RESPECTFULLY SUBMITTED,

//7 /1 /
.j¿ /
./ ./. !
¡ SL'P

PRIANIC & PRIANIC, LLC

1735 Lincoln Way
White Oak, PA 15131
(412) 672-5444 SLP

(~~S
¿f1m . HITE l
Counsel for Defendant
PA LD. No. 36684

BURNS, WHITE & HICKTON, LLC

Four Northshore Center
106 Isabella Street
Pittsburgh, P A 15212
(412) 995-3000
(412) 995-3300 fax
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 15 of 20
Case 2:05-cv-01G. . -DWA Document 9 Filed 10/14/,,~ù5 Page 7 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

NICOLA DeIULlIS, a minor, by his J CIVIL DIVISION

Guardian, ANNETTE DeIULlIS, and J

ANNTTE DeIULIIS, in her own right, J No. CA 5-1077

J
Plaintiffs J The Honorable Donetta W. Ambrose
J
vs. J

)
BOY SCOUTS OF AMERICA )
NATIONAL COUNCIL, )
)
Defendant. )

ORDER OF COURT

AN NOW, to wit, this day of ,2005, IT IS HEREBY

ORDERED that the Fed. R. Civ. P. 26(f) Report of the Parties is approved.

BY THE COURT,
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 16 of 20

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF PENNSYLVANIA

NICOLA DEIULIIS, a minor, by his

Guardian, ANNTTE DEIULIIS, and
ANTTE DEIULIIS in her own right,
Plaintiffs, Civil Action No. 05-01077

v. Chief Judge Ambrose

BOY SCOUTS OF AMEIDCA

NATIONAL COUNCIL.

Defendants.

STATE OF NEW JERSEY )

) ss:

COUNTY OF MIDDLESEX )

AFFIDAVIT OF MICHAEL C. CHILDERS

Before me, the undersigned authority, personally appeared Michael C. Childers, who

deposes and testifies as follows:

1. My name is Michael C. Childers. I am employed by Boy Scouts of America

National Council ("BSA"), as its Deputy Regional Director\Operations, Northeast

Region. My mailing address is 10 Centre Drive, P.O. Box 268, Jamesburg, New Jersey,

08831. I make this affdavit based on my own personal knowledge.

2. As a Deputy Regional Director for BSA, I am intimately familiar with the

organization's charer, bylaws and corporate structure of

the Boy Scouts of America. I

have also reviewed the allegations contained in the instant lawsuit filed against BSA.
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 17 of 20

3. BSA is a not-for-profit corporation created by act of

Congress, and headquarered

in Iring, Texas. The puroses ofBSA are to promote, through organization and

cooperation with other agencies, the ability of boys to do things for themselves and

others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance and

kindred virtues. To accomplish its Congressional mission the BSA created a youth

development program, referred to as the "scouting program."

4. BSA is divided into four "Regions." Within distinct geographical areas of each

Region are independent local "councils"; in this case the local council is the Greater

Pittsburgh CounciL. Councils are self-sustained organizations, which are not under the

day-to-day control ofBSA and which receive no financial support from BSA. In addition,

these councils are separate, independent legal entities incorporated under the laws of their

respective states. A council, within its geographic area, makes the scouting program

available to local organizations which desire to sponsor a local "unit", in this case a

"scout troop." These sponsoring organizations are referred to as "chartered

organzations. "

5. BSA charters are typically issued to schools, churches, or similar civic

organizations; in this case the chartering organization is Mount St. Peter Church. The

charering organization then organizes a troop committee, which usually is comprised of

both scout parents and members of the charing organzation. It is this troop committee

which selects its volunteer adult leaders and which operates the troop.

6. The events as alleged in this lawsuit took place within the geographic area of
the

Greater Pittsburgh Council of the Boy Scouts of America. The Plaintiff, Nicola Deiuliis,

2
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 18 of 20

was a member of a unit sponsored by Mount St. Peter Church, Troop 903. The church is

headquartered in New Kensington, Pennsylvania.

7. Pursuant to its Charter and Bylaws, BSA does not in any way hire, dismiss,

control the day-to-day activities of, or otherwise supervise either the employees of the

Greater Pittsburgh Council, or the local volunteers located within this geographical area.

Finally, neither an independent chartering organization nor its troop is required to seek

permission from BSA before undertaking activities such as are involved in this case

8. The Complaint filed in this matter alleges that Plaintiff, Nicola Deiuliis was

severely injured in an automobile accident on August 15,2004. According to the

Complaint, the accident occured when "an agent and/or registered volunteer" ofBSA,

"while in the course of his duties.. . willfully, recklessly or negligently drove the motor

vehicle which he was operating, in which (Nicola) was a passenger, off

the roadway and

into a ditch and then an embanent."

9. Plaintiffs' have alleged that the vehicle, a van, was drven by a Mr. Samuel

Lombardo while returning from a "Boy Scouts outing" in Ohio Pyle State Park in

Pennsylvania.

10. At the time of the accident alleged in the Complaint, Mr. Lombardo was

volunteering his time as an unpaid adult volunteer to Troop 903, and involved in an

activity supervised by, and planed by, Troop 903 and/or its troop committee.

11. As an unpaid adult volunteering specifically with Troop 903, Mr. Lombardo had

no employment or agency relationship whatsoever with BSA. In addition, BSA never

supervised Mr. Lombardo's volunteer activities with Troop 903, either directly or

indirectly.

3
Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 19 of 20

Furher deponent sayeth not.

Sworn to and subscribed before me this

ïdayof ~ ,2006

~R~
NóÍary Public -l

4
 Case 2:05-cv-01077-DWA Document 23 Filed 03/09/2006 Page 20 of 20

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appendix in Support

of Motion for Summary Judgment, has been served upon all counsel of record by United

States First Class Mail, postage prepaid, this 9th day of March, 2006, addressed as follows:

Victor H. Pribanic, Esquire

1735 Lincoln Way
WhiteOak,PA 15131

BURNS, WHITE & HICKTON

BY:~ David B. White

P A LD. No. 36684
Mark E. Schweers, JI.
P A LD. No. 92789

Counsel for Defendant

Boy Scouts of America National Council