(a) CLASS ACTION ALLEGATIONS.
In any case sought to be maintained as a class action, the complaint shall contain under a
separate heading styled "Class Action Allegations":
(1) A reference to the portion or portions of Fed. R. Civ. P. 23, under which the suit is
claimed properly to be maintainable as a class action.
(2) Appropriate allegations justifying such claim, including, but not necessarily
limited to:
(i) the size (or approximate size) and definition of the alleged class;
(ii) the basis upon which the plaintiff claims to be an adequate representative
of the class, or if the class is comprised of defendants, that those named as
parties are adequate representatives of the class;
(iii) the alleged questions of law and fact claimed to be common to the class;
and
(iv) in actions claimed to be maintainable as class actions under Fed. R. Civ. P.
23(b)(3), allegations supporting the findings required by that subdivision.
(b) MOTION FOR CERTIFICATION.
Within 90 days after the filing of a complaint in a case sought to be maintained as a class
action, unless the Court in the exercise of its discretion has extended this period, the
plaintiff shall move for a certification under Fed. R. Civ. P. 23(c)(1), that the case may be
so maintained. In ruling upon the motion, the Court may allow the action to be so
maintained, may deny the motion, or may order that a ruling be postponed pending
discovery or other appropriate preliminary proceedings. A defendant may move at any
time to strike the class action allegations or to dismiss the complaint.
(c) PROVISIONS AS TO NOTICE.
In an action maintained under Fed. R. Civ. P. 23(b)(3), the plaintiff shall include in the
motion for certification a statement proposing (1) how, when, by whom, and to whom the
notice required by Fed. R. Civ. P. 23(c)(2) shall be given, (2) how and by whom payment
therefore is to be made, and (3) by whom the response to the notice is to be received. In
lieu of such a statement the movant may state reasons why a determination of these
matters cannot then be made, and offer a proposal as to when the determination should be
made. In certifying a class action as maintainable under Fed. R. Civ. P. 23(b)(3), the
Court may include in its order the provisions for notice pursuant to Fed. R. Civ. P.
23(c)(2) or may postpone a determination of the matter.
(d) APPLICABILITY TO COUNTERCLAIMS AND CROSS-CLAIMS.
The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim
or cross claim alleged to be brought for or against a class.
COMMENT TO LCvR 23.1(b) AS AMENDED 10/10/90: This amendment makes clear
that the Court may enlarge the 90-day period within which the motion for certification is
to be filed.
