Archive: August 28, 2012

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Court Shifts Discovery Costs to Plaintiffs “At Least Until the Class Action Determination is Made”

Court Shifts Discovery Costs to Plaintiffs “At Least Until the Class Action Determination is Made”

Boeynaems v. LA Fitness Int’l LLC, Nos. 10-2326, 11- 2644, 2012 WL 3536306 (E.D. Pa. Aug. 16, 2012)

Here, the court considered cost allocation in discovery prior to class certification and, taking into account Defendant’s already significant production and related expenditures, concluded that “where (1) class certification is pending, and (2) the plaintiffs have asked for very extensive discovery, compliance with which will be very expensive, that absent compelling equitable circumstances to the contrary, the plaintiffs should pay for the discovery they seek.”  Thus, Plaintiffs were ordered to bear the costs of additional discovery “at least until the class action determination is made.”

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