Caption and Class Action Allegations. In any case sought to be maintained as a class
action:
(1) The complaint shall bear the caption "Complaint - Class Action" next to, or under,
the style of the case.
(2) The complaint shall contain a separate paragraph captioned "Class Action
Allegations" which shall set forth, inter alia:
(a) A reference to the portion or portions of Fed. R. Civ. P. 23 under which it
is claimed that the suit is properly maintainable as a class action;
and
(b) Allegations in support of this claim, including, but not necessarily limited
to:
(i) the size (in numbers) or approximate size and definition of the
alleged and proposed class;
(ii) the basis upon which the plaintiff claims (a) to be an adequate
representative of the class, or (b) if the class is composed of defendants,
the basis upon which plaintiff claims that the named defendant (or
defendants) is an adequate representative of the class;
(iii) the specific questions of law and fact claimed to be common to any
class alleged; and
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
(iv) in actions claimed to be maintainable as class actions under Fed. R.
Civ. P. 23(b)(3), allegations in support of the findings required by that
subdivision.
(3) The deadline for filing a motion for class certification will be set in the Final
Scheduling Order (see Local Rule 26.1(13)). The motion shall particularize the facts
believed to warrant class or subclass certification and indicate if those facts have been
established by stipulations, admissions, or discovery. If a hearing is believed necessary,
the motion shall so state. The other parties shall respond to said motion within fourteen
(14) days specifically admitting or denying the facts alleged and setting forth any additional
or contrary facts believed pertinent to the class action determinations required. Such
responses shall also state whether a hearing is believed necessary. Both the motion and
responses shall be accompanied by a memorandum of law covering all issues relating to
class certification. In ruling upon such a motion, the Court may allow the action to be so
maintained, strike the class action allegations, or postpone the determination pending
further discovery or other preliminary proceedings. 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.
Failure to move for class determination and certification by the deadline set in the
Final Scheduling Order shall constitute and signify an intentional abandonment and waiver
of all class action allegations contained in the complaint and same shall proceed as an
individual, non-class action thereafter and shall be transferred by the Clerk from the Class
Action Docket to the regular civil docket. If any motion for class determination or
certification is filed after the deadline provided in the Final Scheduling Order, it shall not
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
have the effect of reinstating the class allegations unless and until it is acted upon favorably
by the Court upon a finding of excusable neglect and good cause.
(4) The foregoing provisions shall apply, with appropriate adaptations, to any
counterclaim or cross-claim alleged to be brought for or against a class.
Adopted and effective May 1, 1980
Amended and effective May 1, 2002
Amended November 10, 2009
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
