Local Rule LR 23.1: CLASS ACTIONS

LR 23.1 CLASS ACTIONS

(a) Class Action Complaint. The complaint shall bear next to its caption the legend, "Complaint -- Class Action." The complaint shall contain under a separate heading, styled "Class Action Allegations":

(1) A reference to the portion or portions of Rule 23, Fed.R.Civ.P., under which it is claimed that the suit is properly maintainable as a class action.

(2) Appropriate allegations claimed to justify class treatment, including, but not necessarily limited to: (i) the size and definition of the alleged class, (ii) the basis upon which the plaintiff claims (A) to be an adequate representative of the class, or (B) if the class is comprised of defendants, that those named as parties are adequate representatives of the class, (iii) the alleged questions of law or fact claimed to be common to the class, and (iv) for actions sought to be maintained under Rule 23(b)(3), Fed.R.Civ.P., allegations thought to support the findings required by that subdivision.

(b) Motion for Class Action Determination. Within 90 days after the entry of an initial pretrial order pursuant to the provisions of Fed.R.Civ.P. 16(b) and 26(f), unless this period is extended by court order, the plaintiff shall file a separate motion for a determination under Rule 23(c)(1), Fed.R.Civ.P., as to whether the case may be maintained as a class action. The parties should specifically address the class action determination as part of the Rule 16 conference and Rule 26(f) report. If a party wishes to present oral testimony to support or oppose the class action motion, the party must so inform the Court in its motion or opposition. In ruling upon such a motion, the Court may allow the action to be so maintained, may disallow and strike the class action allegations, or may order postponement of the determination pending discovery or such other preliminary procedures as appear to be appropriate and necessary in the circumstances. Whenever possible, where it is held that the determination should be postponed, a date will be fixed by the Court for renewal of the motion.

(c) Class Action Counterclaims or 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.

(d) Burden of Proof; Notice. The burden shall be upon any party seeking to maintain a case as a class action to present an evidentiary basis to the Court showing that the action is properly maintainable as such. If the Court determines that an action may be maintained as a class action, the party obtaining that determination shall initially bear the expenses of and be responsible for giving such notice as the Court may order to members of the class.