Local Rule DUCivR 23-1: DESIGNATION OF PROPOSED CLASS ACTION

DUCivR 23-1 DESIGNATION OF PROPOSED CLASS ACTION

(a) Caption.

The complaint or other pleading asserting a class action must include the words "Proposed Class Action" in the caption.

(b) Class Allegation Section.

The complaint or other pleading must contain a separate section setting forth the following:

(1) the definition of the proposed class;

(2) the size of the proposed class;

(3) the adequacy of representation by the class representative;

(4) the common questions of law and fact;

(5) the typicality of claims or defenses of the class representative;

(6) the nature of the notice to the proposed class; and

(7) if proceeding under Fed. R. Civ. P. 23(b)(3), the facts addressing the considerations listed in sections 23-1(c)(1)(A) through (D).

(c) Motion for Certification.

(1) In any case involving a proposed class action, as part of the conference required by Fed. R. Civ. P. 26(f), the parties must discuss and include in the Attorney Planning Meeting Report the following:

(A) a proposed briefing schedule for a Motion for Class Certification;

(B) any departure from the page limits of DUCivR 7-1;

(C) whether discovery should be bifurcated to address the facts necessary for a determination of the sufficiency of the class;

(D) whether the initial scheduling order should address only discovery relevant to the Motion for Class Certification, with a subsequent scheduling order to enter after determination of the certification motion; and

(E) how the plan is consistent with the requirement in Fed. R. Civ. P. 23(c) that the certification question be decided "[a]t an early practicable time after a person sues or is sued as a class representative."

(2) Unless otherwise agreed by the parties or ordered by the court, the filing of a motion under Fed. R. Civ. P. 12(b) stays an obligation to file or respond to a Motion for Class Certification until the Rule 12(b) motion is resolved.