In Re Pacific Fertility Center Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 A.B., et al., Case No. 18-cv-01586-JSC

Plaintiffs,

ORDER RE: ABSENT CLASS

v. MEMBER DISCOVERY

PACIFIC FERTILITY CENTER, et al., Dkt. No. 335 Defendants.

12 Pending before the Court is a joint discovery letter brief regarding defendant Chart’s request to depose absent class members who were previously named plaintiffs but withdrew as named plaintiffs prior to the filing of the operative complaint. (Dkt. No. 335.) After carefully considering the parties’ submission, Chart’s request is denied. Instead, as Plaintiffs proposed, Chart may serve each formerly named plaintiff with five interrogatory requests. The Court agrees that the information sought could be relevant to the class certification motion; indeed, nearly every absent class member potentially possesses information relevant to certification. Nonetheless, discovery of absent class members is generally not permitted unless the class member has inserted herself into the…