The moving parties, who were class members in a certified class action regarding defective heater-cooler devices, sought an extension of time to opt out of the class action after the deadline had passed.
They had recently discovered they contracted a severe infection from the device and wished to pursue an individual action.
The court applied the Johnson test, finding that while the moving parties established excusable neglect for missing the deadline, they failed to demonstrate that a late opt-out would not prejudice the defendants.
The defendants had already reached a settlement in principle in the class action based on the known number of opt-outs, and allowing a late opt-out would vitiate the integrity of the class action process.
The motion was dismissed.
