Local Rule LCvR 23.1: CLASS ACTIONS
D.D.C. — Civil rule
LCvR 23.1 CLASS ACTIONS
(a) CLASS ACTION ALLEGATIONS.
In any case sought to be maintained as a class action, the complaint shall contain under a separate heading styled "Class Action Allegations":
(1) A reference to the portion or portions of Fed. R. Civ. P. 23, under which the suit is claimed properly to be maintainable as a class action.
(2) Appropriate allegations justifying such claim, including, but not necessarily limited to:
(i) the size (or approximate size) and definition of the alleged class;
(ii) the basis upon which the plaintiff claims to be an adequate representative of the class, or if the class is comprised of defendants, that those named as parties are adequate representatives of the class;
(iii) the alleged questions of law and fact claimed to be common to the class; and
(iv) in actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3), allegations supporting the findings required by that subdivision.
(b) MOTION FOR CERTIFICATION.
Within 90 days after the filing of a complaint in a case sought to be maintained as a class action, unless the Court in the exercise of its discretion has extended this period, the plaintiff shall move for a certification under Fed. R. Civ. P. 23(c)(1), that the case may be so maintained. In ruling upon the motion, the Court may allow the action to be so maintained, may deny the motion, or may order that a ruling be postponed pending discovery or other appropriate preliminary proceedings. A defendant may move at any time to strike the class action allegations or to dismiss the complaint.
(c) PROVISIONS AS TO NOTICE.
In an action maintained under Fed. R. Civ. P. 23(b)(3), the plaintiff shall include in the motion for certification a statement proposing (1) how, when, by whom, and to whom the notice required by Fed. R. Civ. P. 23(c)(2) shall be given, (2) how and by whom payment therefore is to be made, and (3) by whom the response to the notice is to be received. In lieu of such a statement the movant may state reasons why a determination of these matters cannot then be made, and offer a proposal as to when the determination should be made. In certifying a class action as maintainable under Fed. R. Civ. P. 23(b)(3), the Court may include in its order the provisions for notice pursuant to Fed. R. Civ. P. 23(c)(2) or may postpone a determination of the matter.
(d) APPLICABILITY TO COUNTERCLAIMS AND CROSS-CLAIMS.
The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross claim alleged to be brought for or against a class.
COMMENT TO LCvR 23.1(b) AS AMENDED 10/10/90: This amendment makes clear that the Court may enlarge the 90-day period within which the motion for certification is to be filed.