In Re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION

MEMORANDUM OPINION

JOHN M. FACCIOLA, United States Magistrate Judge.

Now pending before the Court is Defendants’ Motion for Phased Discovery [# 187] (“Motion”). 1 Defendants propose a Case Management Order that provides for class discovery before class certification and merits discovery. Plaintiffs propose an alternative order that provides for class certification at the conclusion of all fact discovery.

The issue now before this Court is whether bifurcated discovery is appropriate.

I. Background.

Defendants are the four largest Class I railroads based in the United States. Plaintiffs are eighteen…