Local Rule Rule 23.1: Class Actions

Rule 23.1 Class Actions

In any case sought to be maintained as a class action:

(a) The complaint shall bear next to its caption "Complaint -- Class Action."

(b) The complaint shall contain under a separate heading, styled "Class Action Allegations":

(1) A reference to the portion or portions of Federal Rule of Civil Procedure 23 under which it is claimed that the suit is properly maintainable as a class action.

(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

A. the size (or approximate size) and definition of the alleged class,

B. the basis upon which the plaintiff (or plaintiffs) claims,

(i) to be an adequate representative of the class, or

(ii) if the class is comprised of defendants that those named as parties are adequate representatives of the class.

C. the alleged questions of law and fact claimed to be common to the class, and

D. In actions claimed to be maintainable as class actions under Federal Rule of Civil Procedure 23(b)(3), allegations thought to support the findings required by that subdivision.

(c) As early as practicable, and after considering the views of counsel, the Court shall issue an order scheduling all proceedings relating to the filing of the motion for class certification including, but not limited to, class and related merits fact discovery, expert witness discovery, the filing of the motion for class certification and responses, and, if warranted, the convening of any hearing on the class certification motion.

(d) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or crossclaim alleged to be brought for or against a class.