VAN DUZER LANG BOYER v. STEIN et al

Filing 447

MEMORANDUM ORDER Denying Class Objectors' request for leave to file a motion to compel discovery without prejudice. Signed by Judge Michael A. Shipp on 3/10/2016. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

Civil Action No. 12-1893 (MAS) (TJB)
IN RE NEW JERSEY TAX SALES
CERTIFICATES ANTITRUST LITIG.

MEMORANDUM ORDER

This matter comes before the Court on the correspondence of counsel for Arlene Davis,
Todd Zahn and Laura Zahn (“Class Objectors”) seeking leave to file a motion to compel discovery
on the class action settlements as to which a “Fairness Hearing” is scheduled for April 25, 2016.
(ECF No. 442.) Class Counsel and Class Defendants Robert U. Del Vecchio; Isadore May; M.D.
Sass Municipal Finance Partners I, L.P.; M.D. Sass Municipal Finance Partners II, L.P.; M.D. Sass
Municipal Finance Partners III, LLC; M.D. Sass Municipal Finance Partners IV, LLC; M.D. Sass
Municipal Finance Partners V, LLC; M.D. Sass Municipal Finance Partners VI, LLC; M.D. Sass
Tax Lien Management LLC; and M.D. Sass Investor Services, Inc. opposed this request in
correspondence dated March 4, 2016, March 8, 2016, and March 9, 2016. (ECF Nos. 443, 444,
445.) Pursuant to the Court’s November 4, 2015 Order (ECF No. 428), “any member of the
Settlement Class that does not wish to participate in the Settlement Class shall submit an exclusion
request by March 14, 2016.” Thus, the Class Objectors have not yet committed to remaining in
the class. Until the Class Objectors have made their decision to stay in the class by not opting out
and have filed an objection to settlement, the Court finds that they are not entitled to discovery.
See, e.g., In re Lorazepam & Clorazepate Antitrust Litig., 205 F.R.D. 363, 366 (D.D.C. 2001)
(denying discovery to “purported class members” noting that “[t]hough they claim to be ‘inclined’
to stay in the class, the opt-in date had not yet passed”); Lee v. Ocwen Loan Servicing, LLC, 101
F. Supp. 3d 1293, 1295 (S.D. Fla. 2015) (denying motion for discovery noting that settlement class

member “failed to formally object to settlement [and] it is not yet clear if she will even remain a
settlement class member, rather than opting out of the proposed settlement”). If the Class
Objectors choose to opt into the settlement class, they may file objections with the Court
concerning the settlement’s fairness, and if necessary, the objectors may come back to this Court
to seek discovery in support thereof.
Accordingly, IT IS on this 10th day of March, 2016 ORDERED that Class Objectors’
request for leave to file a motion to compel discovery is denied without prejudice.

s/ Michael A. Shipp
MICHAEL A. SHIPP
UNITED STATES DISTRICT JUDGE

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