Local Rule RULE 23.1: CLASS ACTIONS
S.D. Ill. — Civil rule
RULE 23.1 CLASS ACTIONS (See Fed. R. Civ. P. 23)
(a) Scheduling and Discovery Conference Proposed class actions pose complex scheduling and discovery issues that are not addressed by the standard "Joint Report of the Parties and Proposed Scheduling and Discovery Order." Accordingly, an initial scheduling and discovery conference with counsel for all parties may be set by the Court consistent with SDIL-LR 16.2.
The purpose of the scheduling and discovery conference is for the presiding judge to identify the length and scope of discovery necessary for the fair and expeditious determination of whether the case can proceed as a class action. Discovery prior to class certification must be sufficient to permit the Court to determine whether the requirements of Fed. R. Civ. P. 23 are satisfied, including a preliminary inquiry into the merits of the case to ensure appropriate management of the case as a class action. To ensure that a class certification decision is issued as soon as practicable, however, priority shall be given to discovery on class certification issues.
After the scheduling conference, the presiding judge shall enter the appropriate scheduling and discovery order in light of these concerns. Either party may move to have a second scheduling and discovery order entered after resolution of the motion for class certification.
(b) Joint Report Seven days prior to any scheduling and discovery conference set by the Court, the parties shall submit a Joint Report of the Parties and Proposed Scheduling and Discovery Order (Class Action) consistent with the model found in the Forms section of the Court's website. In the event the parties are unable to agree on a joint scheduling and discovery plan, the parties should each submit their Proposed Scheduling and Discovery Order, and a memorandum in support of said order addressing the issues in dispute, 7 days prior to the scheduling and discovery conference. The presiding judge may adopt a Joint Report or issue a Scheduling and Discovery Order in lieu of proceeding with the scheduling and discovery conference.
(c) Motion Practice The timetable for responding to a motion for class certification shall be established in the Joint Report or Scheduling and Discovery Order issued by the Court.