Mr. Chairman, my amendment would strike section 1721 of this Fairness in Class Action Litigation Act of 2017. The irony of section 1721 is it unfairly subjects class action plaintiffs to an inevitable deluge of prolonged delay. A stay of discovery means no depositions. It means injured people will not get essential documents. It means victims will not be entitled to the names of necessary witnesses and more as long as a motion that may dispose of the case is pending. There is nothing to prevent a corporation from filing motion after motion to obstruct a victim's path to justice. Numerous consumer, civil rights, environmental, labor, and other public interest groups oppose this bill because it builds in an automatic stay of discovery in the district court whenever an alleged wrongdoer files any one of a list of motions, including common motions like a motion to strike, a motion to dismiss, and a motion to dispose of class action allegations. There will be no end to the filing of these motions. This is an invitation for gamesmanship and delay and will deprive judges of the ability to properly manage their cases. The framers of the bill want you to believe that plaintiffs are greedy, undeserving people who want to hinder small business. This could not be further from the truth. If there are big settlements, it is because the damage to the victims was heinous.…
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