In this certified class proceeding arising from alleged failures by mutual fund managers to prevent market timing, the plaintiffs moved to compel broader documentary production and to settle the discovery plan.
The court held that the requested comprehensive trading data and additional OSC production were directed to damages quantification, not to the certified common issues limited to duty and breach in negligence and fiduciary duty.
The court rejected the plaintiffs' reliance on an economics expert to establish legal relevance, holding that relevance to the common issues was a matter of domestic law for the court.
The motion was dismissed in full, and the court indicated that any remaining discovery plan details could be finalized at a case conference.
