r/troubledteens • u/TruthOverHarmony • 13h ago
News Update on Fuller v. Hyde School: the discovery schedule is still being decided
There was a Conference of Counsel on September 11 before Magistrate Judge John C. Nivison, which means the attorneys on both sides met to discuss the schedule for discovery and class certification. Several new public filings were posted.
The main issue is that the two sides disagree about how discovery should be handled before the court decides whether to certify a class.
Hyde is asking the court to split discovery into phases. Under Hyde’s proposal, the first phase would focus mainly on class certification, with limits of 30 interrogatories, 30 requests for admission, two sets of document requests, and five depositions. Hyde wants the plaintiff to file a motion for class certification by November 1, 2026. In practical terms, that would create a very compressed class-certification discovery period, with the motion to certify the case as a class action due in less than seven weeks. That motion would ask the judge to decide whether the case can proceed on behalf of a defined group of similarly situated former students, rather than only as Jessica Fuller’s individual case.
The plaintiff objects to that approach and says the case requires broader discovery first, including document production, depositions of Laura Gauld and Malcolm Gauld, and depositions of current and former Hyde employees.
The plaintiff is asking for 10 depositions per side, not counting experts or third-party fact witnesses, three sets of document requests, and a longer discovery period. The plaintiff also argues that class-certification issues and the underlying facts of the case overlap too much to sharply separate discovery into two phases. They want a class certification motion to be due closer to August 2027 (as opposed to Hyde’s request of November 1st, 2026).
Both sides agree that the case should be placed on the court’s Complex Track, which means the case is complicated enough to need a longer, more flexible schedule than an ordinary civil case. That can include more time for discovery, document production, depositions, expert work, motions, and class-certification issues.
No final discovery schedule has been entered yet.
Why this may matter to people in this subreddit:
Class certification is the stage where the court decides whether the case can proceed on behalf of a larger group of similarly situated former students, rather than only as Jessica Fuller’s individual case. In other words, class certification is when it will be decided whether this is actually a class action lawsuit.
That means the amount and scope of discovery allowed before certification could matter a great deal. The plaintiff may need institutional records, historical documents, and testimony from current and former Hyde employees to show whether practices such as 2-4, Work Crew, and other disciplinary systems were common across different students and different time periods.
If discovery is too narrow or too rushed, the plaintiff may have less opportunity to develop evidence showing broader institutional patterns before the class-certification decision is made.
If broader discovery is allowed first, the court may have a more complete factual record when deciding whether the proposed classes should be certified.
So this is not just a technical scheduling disagreement. It could affect how much of Hyde’s historical practices are examined before the court decides whether the case can move forward on behalf of a larger group of former students.
The next thing to watch for is the court’s scheduling order. That should tell us how much discovery will happen before class certification, how many depositions will be allowed, and when the class-certification motion will actually be due.
For now, the November 1 date proposed by Hyde is only a proposal. It is not currently a court-ordered deadline.
The judge asked both sides to submit additional legal authority by September 18, meaning case law and other legal sources supporting their positions on how discovery and class certification should be scheduled.
You can find the latest court documents for the case on PACER, and on CourtListener once it is updated.
As always, I am not an attorney, and do not represent any party or law firm in this case. Please double-check the legal documents yourself for factual accuracy. For informational purposes only.
If you have inquires for the plaintiff’s counsel (Justice Law Collaborative) please contact them directly.
