Pennsylvania Federal District Court Rules That Putative Class Members May Be Interviewed By Defendant

A recent ruling by a Pennsylvania Federal District Court addresses whether putative class members may be interviewed by the Defendant prior to a decision on class certification.

In a decision rendered by Senior U.S. District Judge Harvey Bartle (Lloyd v. Covanta Plymouth Renewable Energy, LLC, 2:20-cv-04330-HB, E.D. Pa. Apr. 1, 2021), the Court granted the Defendant company's request to interview putative class members without the Named Plaintiff's counsel present.

Because the putative class members are not represented parties and do not possess a "traditional attorney-client relationship" with the Named Plaintiff's counsel prior to class certification, the interviews may proceed.  Unlike a matter proceeding in Pennsylvania state court under Pennsylvania law, a putative class member under federal law is "not a party to the class action before the class is certified."