This Decision concerns a determination of costs following a negotiated certification of a Class Action where the Representative Plaintiff (“RP”) agreed to certify fewer claims, causes of action, and common issues than originally claimed.

The Court determined that the RP would receive costs as a result of the “quite a bit narrower certification order” to cover the basic costs of certification, but neither party would receive costs for unnecessary material filed and hearing time prior to settlement that could have been avoided.

The RP sought enhanced costs for certification in accordance with Rule 10.29 and pursuant to Rule 10.31 at a 3x multiplier of Schedule C, but the Court ultimately declined to grant the multiplier.

The Court noted that the exercise of its discretion pursuant to Rule 10.33(1) was usually within the context of Schedule C but that counsel’s actions, which lengthened and complicated the matter, were considerations under Rule 10.33(2)(a), (b), (d).