
Status of Litigation: The Sixth Circuit reversed the decision of the U.S. District Court, Eastern District of Kentucky that had dismissed two lawsuits (Doe II and Doe III) filed by 95 Plaintiffs against the LFUCG and various government officials asserting claims against the LFUCG for its failure to protect thousands of children who participated in the Micro-City Government when it should have known that the organization's director, Ron Berry, was molesting participants. In so doing, the Sixth Circuit concluded that the district court had abused its discretion, and agreed with the Plaintiffs' request to reopen the original suit because appropriate notice of settlement and dismissal had never been provided to victims. John Doe, et al v. LFUCG, et al 407 F.3d 755 (6th Cir. 2005). On May 5, 2005, the Sixth Circuit remanded the matter to the U.S. District Court, Eastern District of Kentucky in Lexington, and the case was assigned to Federal Judge William O. Bertelsman of Covington for handling. Guy et al. v. LFUCG, et al, 5:98-cv-00431-WOB. In May, 2008, Judge Bertelsman dismissed the Plaintiffs' claims against the Individual Defendants, ruling that the statutes of limitations had run prior to the filing of the Does' claims. On May 1, 2009, Judge Bertesman reversed his prior ruling and reinstated the claims of four of the Doe IV Plaintiffs' claims against the Individual Defendants, and held that the statute of limitations had not run for victims who reached the age of 19 on or after October 15, 1998. Trial is set on these claims for January 12, 2010. Unfortunately, however, Judge Bertelsman dismissed the remaining Doe IV victims' claims as being barred by the statute of limitations, stating that the statute of limitations for the Plaintiffs' claims against the LFUCG was the same as it was against Ronald Berry -- the actual sexual abuser. Recent Filings: Guy v. LFUCG 05-01-09 Order Plaintiffs' Sur-reply (11/6/08) Plaintiffs' Motion to Reconsider Individual Defendants (12/11/08) Plaintiffs' Post-hearing Objection (2/19/08) |

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