In any case sought to be maintained as a class action:
(a) The complaint shall bear next to its caption the designation, "Complaint-Class
Action";
(1) Refer to the portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is properly
maintainable as a class action;
(2) Make allegations thought to justify the maintenance of the claim as a class action,
including, but not necessarily limited to:
(A) the size (or approximate size) and definition of the alleged class,
(B) the basis upon which the plaintiff (or plaintiffs) 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,
(3) The alleged questions of law or fact claimed to be common to the class; and
(4) In actions claimed to be maintainable as class actions under Fed. R. Civ. P. 23(b)(3),
allegations thought to support the findings required by that subdivision.
(b) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross claim
alleged to be brought for or against a class.
(c) Whenever a party or counsel desires to prohibit another party or counsel from communicating
concerning such action with any potential or actual class member not a formal party to the action,
the party or counsel shall apply in writing to the Court for such an order. In such application, the
parties must set forth with particularity the abuses they fear will result from such communication, along
with the form of remedy they believe would be appropriate to prevent frustration of the policies of
LR23.
(1) The Court will not enter an order prohibiting communication with members of the class in
the absence of a clear record (and when necessary, an evidentiary hearing) reflecting:
(A) specific findings regarding the abuse the Court seeks to prevent;
(B) the need for such an order, weighing the abuse sought to be corrected and
the effect it will have on the right of a party to proceed pursuant to LR23 without
interference.
(2) Any attorney who communicates with the class shall preserve and retain in one’s files, until
the final conclusion of the action, a copy of all communications which the attorney has
sent to any members of the class or potential class.
