Local Rule LR 23.2: Motion for Certification; Briefs

LR 23.2 Motion for Certification; Briefs.

Within 90 days of filing a class action complaint, or at such other time as the presiding judge by order directs, an attorney for the plaintiff must move for certification. A brief must accompany the motion for certification and must specifically set out the following:

(a) the appropriate sections of Fed. R. Civ. P. 23 under which the suit is properly maintainable as a class action;

(b) specific factual allegations concerning the alleged class, including:

(1) the approximate number of class members;

(2) the definition of the class and any subclasses;

(3) the distinguishing and common characteristics of class members, such as geography, time, and common financial incentives;

(4) questions of law and fact that are common to the class; and

(5) in actions asserting a class under Fed. R. Civ. P. 23(b)(3), allegations concerning the findings required by that section;

(c) the basis of the named plaintiff's claim to be an adequate representative of the class, including financial responsibility to fund the action;

(d) the basis for determining any required jurisdictional amount;

(e) the type and estimated expense of notice to be given to class members and the source of funds from which notice costs will be paid;

(f) the discovery necessary for a class certification hearing and the estimated time necessary for such discovery; and

(g) all arrangements for payment of plaintiffs' attorney's fees