Opinion
CIVIL ACTION NO. 02-1127, CIVIL ACTION NO. 02-8483.
April 29, 2004
MEMORANDUM AND ORDER
These consolidated class actions were scheduled for trial commencing Monday, February 2, 2004. On the morning of trial, it was disclosed that the preceding Friday, January 30, 2004, defendants had filed a motion to decertify the class, on the grounds that plaintiff had failed to send notice to the class. The trial was aborted, plaintiffs were afforded a further period of time in which to formulate and send the required class action notice. Defendants' motion to decertify the class was denied.
Defendants now move for sanctions, in the form of an order requiring plaintiffs and/or their counsel to reimburse the defendants the following: (1) $4,417.44, representing the travel expenses incurred by various officials of the defendant who had been listed by plaintiffs as witnesses plaintiffs intended to call at trial, and (2) $5,000.00, representing the additional counsel fees which would be incurred in finally preparing for the eventual trial. I conclude that, while plaintiffs' counsel was undoubtedly, and inexcusably, derelict in having failed to take care of the class action notice problem, defense counsel was also at fault in not bringing the defect to anyone's attention until the eve of trial. I conclude that plaintiffs' counsel should be required to reimburse defendants for one-half of the travel expenses incurred ($2,208.72). I conclude further that defendants' $5,000.00 claim for duplicating trial preparation is unreasonable, but that plaintiffs' counsel should be required to contribute $500.00 toward that item.
An Order follows.
ORDER
AND NOW, this ____ day of April 2004, upon consideration of defendants' motion for sanctions and plaintiffs' response, IT IS ORDERED:1. That plaintiffs' counsel shall pay to the defendants the sum of $2,708.72, within 20 days.