Following certification of a class proceeding alleging unpaid overtime by investment advisors, the court determined the appropriate costs award arising from the certification motion.
The plaintiff sought $575,000 in partial indemnity costs while the defendant argued the award should not exceed $315,000.
The court outlined a structured methodology for certification-motion costs awards emphasizing transparency, historical averages, proportionality, and the Rule 57.01(1) factors.
After reducing the claim for excess fees and disbursements and considering historical cost award data and comparable cases, the court fixed costs at $290,000 all-inclusive payable by the defendant to the plaintiff.
