Local Rule LR 23: CLASS AND REPRESENTATIVE ACTIONS; DERIVATIVE ACTIONS; ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS

LR 23 CLASS AND REPRESENTATIVE ACTIONS; DERIVATIVE ACTIONS; ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS a. Class and Representative Actions. In any action brought as a class or representative action, the party seeking to maintain the action as a class or representative action must, within 180 days after commencement of the action, file a separate motion for certification. The motion must include a proposal for the appointment of class counsel, unless such a proposal has been included in an earlier-filed motion. If the action is brought under Federal Rule of Civil Procedure 23, the motion and documents supporting the motion must do the following:

1. Set forth with particularity the facts relied upon to satisfy the prerequisites of Federal Rule of Civil Procedure 23(a);

2. Fully articulate one or more of the additional requirements for maintenance of a class action that are set forth in Federal Rule of Civil Procedure 23(b); and 3. If the motion includes a proposal for the appointment of class counsel, set forth with particularity the information the court must consider in assessing proposed class counsel's ability to represent the interests of the class fairly and adequately, as set forth in Federal Rules of Civil Procedure 23(g)(1)(A) and (B).

b. Derivative Actions. In any derivative action brought under Federal Rule of Civil Procedure 23.1 by one or more shareholders or members to enforce the rights of a corporation or an unincorporated association, the party bringing the action must, within 180 days after commencement of the action, file a certification setting forth with particularity why the plaintiff fairly and adequately represents the interests of the similarly situated shareholders or members in enforcing the rights of the corporation or association.

c. Actions Related to Unincorporated Associations. In any action brought under Federal Rule of Civil Procedure 23.2 by or against the members of an unincorporated association as a class by naming certain members as representative parties, the parties bringing the action must, within 180 days after commencement of the action, file a certification setting forth with particularity why the representative parties will fairly and adequately protect the interests of the association and its members.