Oppenheimer Fund v. Sanders case brief summary
437 U.S. 340 (1978)
Petitioners challenged a decision of
the United States Court of Appeals for the Second Circuit holding
that the federal discovery rules authorized the district court to
order petitioners to assist respondents in compiling a list of
members of respondent class and to bear the expenses of
CASE FACTS Respondents were the representative
plaintiffs in a class action brought against petitioners. Respondents
sought to require petitioners to assist in compiling list of class
members to satisfy individual notice required by Fed. R. Civ. P.
23(c)(2). The court of appeals concluded the federal discovery rules
authorized the district court to order petitioners to assist in
compiling the list and bear the compilation expenses.
reversed and remanded the action because Fed. R. Civ. P.
23(d) was the appropriate authority of such an order and the
court abused its discretion requiring petitioners to bear compilation
Since identification was a necessary component in order to
send notice, Rule 23(d) authorized the district court to
require petitioners' cooperation in providing notice.
The expense of
hiring a third party to compile the list would be no greater for
respondents, who sought the information, so respondents were required
to pay the third party.
The court reversed and remanded the decision because the court
abused its discretion requiring petitioners to bear the expense to
compile a class member list for respondents. Suggested law school study materials
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