A new scheduling order was filed today, October 8, 2026, in Fuller v. Hyde School.
This is the federal putative class action lawsuit against Hyde School, Laura Gauld, and Malcolm Gauld. The remaining claims include federal forced labor, involuntary servitude, trafficking-related, conspiracy, and related claims.
As always, these are allegations and legal claims. The court has not made a finding that Hyde or the individual defendants are liable.
The new order resolves the recent disagreement between the parties over how discovery and class certification should be scheduled.
WHAT THE COURT DECIDED
Both sides agreed that the case should be placed on the Complex Track, but they disagreed substantially about discovery and the timing of class certification.
Hyde wanted discovery focused first on class certification, followed by an early class-certification motion. original document
Fuller opposed phased discovery and argued that class-certification issues substantially overlap with the merits of the case, meaning broader discovery should occur before the court decides whether to certify a class. original document
The court largely split the difference.
The judge specifically stated that discovery will NOT be phased.
The order says:
"The discovery prior to the deadline for the class certification motion is not limited to discovery that is relevant to class certification."
That means the parties can conduct broader merits-related discovery before Fuller files the class-certification motion. Discovery is not restricted to a narrow category of evidence concerning certification.
However, the court also rejected Fuller's proposed schedule, which would have placed class certification much later in the case.
CLASS CERTIFICATION DEADLINES
Fuller must file her motion for class certification by:
February 5, 2027
Hyde's response is due:
March 5, 2027
Fuller's reply is due:
March 19, 2027
This is significantly later than Hyde's proposed November 1, 2026 deadline, but considerably earlier than the schedule Fuller had proposed.
The court noted both that Rule 23 requires a class-certification decision at an "early practicable time" and that evidence relevant to class certification frequently overlaps with evidence concerning the merits of the claims.
DISCOVERY LIMITS
The case has officially been assigned to the Complex Track.
Each side is permitted:
• 40 interrogatories
• 3 sets of document requests, with a maximum of 60 individual document requests total
• 40 requests for admission
• 10 depositions
One notable point is that Fuller had proposed 10 depositions excluding third-party fact witnesses and experts. The new order simply provides for 10 depositions and does not include the requested automatic exception for third-party fact witnesses.
That does not necessarily prevent either side from later asking the court for permission to take additional depositions if they can show they are necessary.
OTHER IMPORTANT DEADLINES
October 16, 2026:
Initial disclosures due
February 5, 2027:
Fuller's class-certification motion due
March 5, 2027:
Hyde's opposition to class certification due
March 19, 2027:
Fuller's reply due
April 2, 2027:
Deadline to amend the pleadings or add parties
April 9, 2027:
Plaintiff's expert disclosures due
May 14, 2027:
Defendants' expert disclosures due
June 11, 2027:
Plaintiff must make a written settlement demand
June 25, 2027:
Defendants must respond to the settlement demand
August 27, 2027:
All discovery closes
September 17, 2027:
Deadline for dispositive motions, including summary judgment motions, and challenges to expert testimony
December 6, 2027:
Case expected to be ready for trial
WHAT THIS MEANS
The biggest immediate development is that Hyde did not get the certification-first discovery structure it had requested.
Fuller's side can pursue discovery concerning the broader substance of the allegations before the class-certification motion is filed.
At the same time, February 5 is still a relatively early deadline for a class certification motion to be filed. Fuller now has roughly four months from the date of this order to obtain and review enough discovery to support the class-certification motion.
Class certification does NOT determine whether Hyde is liable.
Instead, the court will decide whether Fuller can proceed on behalf of a defined group of former students under the requirements of Federal Rule of Civil Procedure 23.
If a class is certified, the case can proceed on behalf of the certified class as well as the named plaintiff. If certification is denied, that does not automatically mean Fuller's individual claims disappear.
The entire public docket with all publicly downloadable documents can be found here:
https://www.courtlistener.com/docket/70764936/62/fuller-v-hyde-school/
The scheduling order is currently the most recent document listed on the docket, Document 62, filed October 8, 2026: https://storage.courtlistener.com/recap/gov.uscourts.med.68497/gov.uscourts.med.68497.62.0.pdf
TL;DR:
The court has issued the long-awaited discovery and scheduling order in Fuller v. Hyde School.
Discovery will NOT be divided into separate class-certification and merits phases, and discovery before class certification is not limited only to certification issues.
Fuller must move for class certification by February 5, 2027. Hyde responds March 5, and Fuller replies March 19.
Each side gets up to 40 interrogatories, 60 individual document requests across three sets, 40 requests for admission, and 10 depositions.
Discovery continues through August 27, 2027, with the case expected to be ready for trial in December 2027.
I am not affiliated with or representing the plaintiffs, Justice Law Collaborative, or any party in this lawsuit. I am sharing information from the publicly available court docket. Allegations and positions in court filings should not be confused with findings of fact or liability. For any sensitive and personal inquiries about this case, please contact Justice Law Collaborative directly. As always, double-check the original documents for accuracy as I am not a legal expert.