Local Rule Rule 23: CLASS ACTIONS

Rule 23. CLASS ACTIONS. In all civil actions filed as class actions, the class plaintiff must, at a time directed by the case management order, move for a FED. R. CIV. P. 23 class determination. The plaintiff has the burden of establishing by way of pleadings and evidentiary materials that a class action is appropriate and of defining all relevant classes and subclasses.

Although the court may deem it necessary to schedule an evidentiary hearing on the class aspects of a civil action, usually pleadings, affidavits, other evidentiary materials, and legal memoranda submitted by both sides should be adequate bases upon which the court may make a class action determination. Interlocutory procedures, when appropriate, will be tailored to fit each action.

Counsel for all parties must be aware of the general time schedule set forth above and must promptly prepare all materials that may be relevant to class action maintainability and class definitions. Until the issue of class certification has been decided, counsel must give priority to discovery directed to the class issue.

If additional time is desired for preparation on the L.U. CIV. R. 23 issue(s), a motion stating grounds for the requested delay must be served within the above time period. Delays will be granted only for good cause.