(a) Class Action Complaint. The complaint in a class action case must bear next to
its caption the legend, “Complaint — Class Action.” The complaint must contain,
under a separate heading styled “Class Action Allegations,” the following:
(1) 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.
(2) Appropriate allegations thought to justify such claim, including, but not
necessarily limited to:
(A) the size and definition of the alleged class;
(B) the basis upon which the plaintiff claims
(i) to be an adequate representative of the class; or
(ii) if the class is comprised of defendants, that those named as
parties are adequate representatives of the class;
(C) the alleged question of law or fact claimed to be common to the class; and
(D) for actions sought to be maintained under Fed. R. Civ. P. 23(b)(3),
allegations thought to support the findings required by that subdivision.
(b) Motion for Class Action Determination. Consistent with Fed. R. Civ. P. 23(c)(1),
as early as is practicable, a party seeking certification of a class action must file a
motion to determine whether the case may be maintained as a class action. If a
party wishes to present oral testimony to support the class action motion, it must
inform the court in its motion. In ruling on such a motion, the court may:
(1) allow the action to be so maintained;
(2) disallow and strike the class action allegations; or
(3) order postponement of the determination pending discovery or such other
preliminary procedures as appropriate and necessary in the circumstances.
Whenever possible, where the court postpones determination, the court will
set a date for renewing the motion.
(c) Class Action Counterclaims or Crossclaims. The foregoing provisions apply,
with appropriate adaptations, to any counterclaim or crossclaim alleged to be
brought for or against a class.
(d) Burden of Proof; Notice. Any party seeking to maintain a case as a class action
bears the burden of presenting an evidentiary basis to the court showing that the
action is properly maintainable as such. If the court determines that an action may
be maintainable as a class action, the party obtaining that determination must,
unless the court orders otherwise, initially bear the expenses of and be responsible
for giving such notice as the court may order to members of the class.
***
As amended 9/28/87.
RULE 23-A
NOTICE OF MULTI-DISTRICT LITIGATION
RELATED CASE
(a) Notice of Related Case. If any party to a Multi-District Litigation (“MDL”) is
named in a civil action pending in this District which concerns the same subject
matter as the cases in the MDL, it shall file a Notice of Related Case in the
individual docket and the MDL docket, stating if the case should or should not be
assigned to the judge coordinating the MDL in accordance with the rules governing
centralization found in 28 U.S.C. § 1407(a). The Notice of Related Case shall be
limited to five pages.
(b) Responses and Replies to Notice of Related Case. Any response to the Notice of
Related Case, which need only be filed by any objecting parties, shall be filed
within seven days after filing of the notice and shall be limited to five pages.
Replies shall be filed within five days after the response is filed and limited to five
pages.
(c) Failure to Respond or No Objection. If no response is filed or a response
indicating no objection is filed, the case shall be assigned to the MDL judge for
coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407(a).
(d) Objection. If an objection is filed, the court will decide if the case should or should
not be assigned to the MDL judge in accordance with the rules governing
centralization found in 28 U.S.C. § 1407(a).
(e) Failure to Object. Failure by any party in the MDL to object as set forth herein
shall constitute a waiver of any objection to assignment of the case to the MDL
judge.
***
Adopted 3/17/16.
-V-
DEPOSITIONS AND DISCOVERY
