Legal Opinion

Boeynaems v. La Fitness International, LLC

District Court, E.D. Pennsylvania

Decided August 16, 2012No. Civil Action Nos. 10-2326, 11-2644PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM RE: DISCOVERY “FENCE” AND COST ALLOCATION

BAYLSON, District Judge.

I. Introduction

Substantial disputes about the scope of discovery, and sharing the costs of discovery, before a determination is made whether this case should be certified as a class action, have divided the parties. The disputes are substantial and the cost of the discovery requested by Plaintiffs is considerable. This issue, where Defendant’s financial exposure will drastically increase if a class is certified, appears to be one of first impression.

Plaintiffs in these cases signed contracts to become members of a…

2Cases cited11 opinions

  1. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  4. In Re Hydrogen Peroxide Antitrust LitigationCourt of Appeals for the Third Circuit · 2009
  5. Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011

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3Cited by9 opinions

  1. Fassett v. Sears Holdings Corp.District Court, M.D. Pennsylvania · 2017
  2. Steve Chambers v. Whirlpool Corp.Court of Appeals for the Ninth Circuit · 2020
  3. Westfield Insurance Co. v. Icon Legacy Custom Modular HomesDistrict Court, M.D. Pennsylvania · 2017
  4. Costantino v. City of Atlantic CityDistrict Court, D. New Jersey · 2015
  5. BROGAN v. FRED BEANS CHEVROLET, INC.District Court, E.D. Pennsylvania · 2020

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