Court Orders Cost-Shifting For Pre-Class Certification Discovery

Eastern District of Pennsylvania decision offers discovery cost relief for litigants faced with asymmetrical pre-class certification discovery.

In Boeynaems v. LA Fitness International, LLC, ¹ a case of first impression, the U.S. District Court for the Eastern District of Pennsylvania ruled that the parties should share discovery costs incurred prior to class certification. The court found that cost allocation between parties was fair and appropriate where the burden of significant discovery expense falls almost entirely on the defendant and is due, in large part, to the plaintiffs' pursuit of class certification. The court further concluded that if the plaintiffs have confidence in their class action, the plaintiffs should have no objection to sharing discovery costs prior to class certification.