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Other Statutory Actions | North Carolina Western
Order on Motion for Miscellaneous Relief
TEXT-ONLY ORDER denying 69 Plaintiff's Motion to Shift Costs of Class Notice to Defendant. Plaintiffs Motion seeks to shift costs of notice and administration for the class to Defendant. The usual rule is that a plaintiff must initially bear the cost of notice to the class. Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 349 (1978) (quoting Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178 (1974)). A decision to shift the cost of class notice is within the district courts discretion. Id. at 359. However, the Supreme Court has cautioned in determining whether to shift costs that courts must not stray too far from the principle... that the representative plaintiff should bear all costs relating to the sending of notice because it is he who seeks to maintain the suit as a class action. Id. The Fourth Circuit has not addressed this issue and, aside from Oppenheimer, Plaintiff relies on non-binding cases to support its position that the Court should shift costs to defendant. The Court, in its discretion, does not find sufficient reason at this time to stray from the general rule that Plaintiff bear the cost of notice and will deny the Motion. See Deluca v. Instadose Pharma Corp., No. 2:21-cv-675, 2024 WL 5279868, at *11 (E.D. Va. Dec. 23, 2024) (concluding there was no sufficient reason to deviate from the usual rule and shift the responsibility of notice costs to the defendant where default judgment was entered). This Order is without prejudice to Plaintiff seeking costs at a later stage of this matter as appropriate. So Ordered. Entered by District Judge Susan C Rodriguez on 7/27/2026. (NSG)
Memorandum in Support of Motion
MEMORANDUM in Support re 79 MOTION for Approval of Class Notice and Distribution Plan by Heather Nicole Durham. (Attachments: # 1 Exhibit Declaration of Expert, # 2 Exhibit Declaration of Attorney, # 3 Exhibit Declaration of Paralegal)(Kaestner, Juliette)
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