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- ilnd;;1:10-cv-08023_de60 RegisterActionDate "2013-01-18" @default.
- ilnd;;1:10-cv-08023_de60 RegisterActionDescriptionText "MINUTE entry before Honorable James B. Zagel:The notice to the potential class members is largely agreed upon but there are two points in dispute. First is the statement which informs potential plaintiffs that they may be required to participate in discovery including paper and deposition discovery which might require travel to Chicago. The statement is true in that these things "may" happen but this is a weak "may". There are very few cases (none, in fact, in the many that have been on my docket) in which serious discovery burdens were imposed on anyone other than class representatives or activist members of the class. The likely effect of the discovery warnings is to deter the passive among the potential class members from joining the suit. Most courts do not permit such language as a matter of policy because the language dissuades participation by describing unwanted burdens that are unlikely to be imposed. I will not permit it in this case. Second is the statement in the notice that if either claim fails, "those persons who are in the unsuccessful classes may be required to pay Chammps' costs (not including attorney's fees). There may be some potential class members who will not join because they are unwilling to pay costs but the language is not intimidating in the way the burdensome discovery conditions might be. This statement is fair and does put the potential class members on notice that losing the case may cost them some money. Such an individual can inquire of class counsel about the size of the financial risk might be and, in my experience, some will do so. I would alter the language slightly to read as follows. "those persons who are in the unsuccessful classes may be required by court order to pay Chammps' routine court costs (not including attorney's fees)... When these modifications are made, the Notification To Potential Class Members may be sent. Mailed notice (drw, ) Modified on 5/14/2013 (meg, ). (Entered: 01/18/2013)" @default.
- ilnd;;1:10-cv-08023_de60 AdministrativeID "60" @default.
- ilnd;;1:10-cv-08023_de60 OntologyLabel minute_entry @default.