The following procedures will govern class action and collective action
proceedings in this district, except as otherwise provided in applicable federal
statutes.
A. Class Action Information.
1. The caption of the complaint in any action sought to be maintained as a
class action shall include in the legend "Complaint-Class Action."
2. If not included in the Complaint, a statement shall be filed with the
Complaint under a separate heading styled "Class Action Statement,"
which shall contain the following information:
a. the proposed definition of the alleged class; and
b. information relating to the class action, including:
i. the size (or approximate size) of the alleged class;
ii. the alleged questions of law or fact claimed to be common to
the class;
iii. the basis upon which the claims or defenses of the
representative parties are typical of the claims or defenses of the
class; and
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
iv. the basis upon which the representative parties will fairly and
adequately protect the interests of the class.
B. Initial Disclosures. For any action sought to be maintained as a class
action, the initial disclosures provided by all parties pursuant to Fed. R. Civ. P.
26(a)(1) shall include disclosures regarding the class certification allegations and
any defenses thereto.
C. Matters to be Addressed at Initial Scheduling Conference (hereafter
"Pretrial Conference"). In addition to the requirements of Fed. R. Civ. P. 16,
with respect to any case in which class claims are alleged, the parties should be
prepared to address the following topics at the Pretrial Conference:
1. the timing of the filing of a motion for class certification;
2. the appointment of interim class counsel;
3. the scope of any discovery, including any discovery of Electronically
Stored Information consistent with the provisions of LCvR 26.2, necessary
for resolution of any class certification motion;
4. the briefing schedule; and
5. the timing of and plan for any methods for alternative dispute resolution
to be utilized.
D. Time and Expense Records. Anyone seeking Court approval for payment
for legal services rendered or costs advanced in a class action will maintain
contemporaneous time and expense records. Upon request of Lead Class
Counsel, time and expense records will be provided to that counsel or its
designee on a periodic basis. The Court will inform counsel of any specific
requirements that it has regarding record keeping at the Pretrial Conference.
E. Joint Report of the Parties. At least seven (7) days prior to the Pretrial
Conference, the parties shall submit a "Joint Report of the Parties and Proposed
Scheduling and Discovery Order -- Class Action" setting forth their respective
positions on the timing and scope of class certification discovery, the filing of a
motion for class certification, and the appointment of class counsel. A form "Joint
Report of the Parties and Proposed Scheduling and Discovery Order -- Class
Action" is available. See "Appendix LCvR 23.E." This is in lieu of the Fed. R.
Civ. P. 26(f) Report. To the extent appropriate given the facts of the case, the
parties are encouraged to stipulate to any facts regarding the approximate size
and definition of the class, the qualifications of proposed class counsel, and any
other matters relevant to the findings to be made by the Court under Fed. R. Civ.
P. 23.
F. Order Following Pretrial Conference. After the Pretrial Conference, the
Court will enter an order addressing the matters discussed at the Pretrial
Conference. The Court may require the parties to draft a proposed order.
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Western District of Pennsylvania
G. Conference Following Class Certification Decision. After resolution of the
motion for class certification, the Court will schedule a conference to discuss how
the case will proceed in light of the ruling on class certification. At this
conference, the parties should be prepared to discuss the following topics:
1. if a party has sought appeal of the decision pursuant to Fed. R. Civ. P.
23(f), whether or not any party will seek a stay of proceedings before the
District Court;
2. disclosures not otherwise provided in initial Fed. R. Civ. P. 26(a)(1)
disclosure;
3. the completion of any remaining discovery; and
4. if applicable, a plan of notice.
H. Notice to the Class. If a class is certified and notice is required under either
Fed. R. Civ. P. 23 or LCvR 100.2, or otherwise directed by the Court, prior to the
conference following the class certification decision, the parties shall meet and
make efforts to agree on the text of the proposed class notice, the manner of
class notice, and the procedures to be used to identify the class. To the extent
the parties cannot agree on these matters, they shall file jointly a proposed plan
for class notice and the language on which they do agree. On the matters on
which they disagree, the parties may provide briefs to supplement their position.
Once the Court approves a plan of class notice and a form of class notice, the
Approved Class Notice shall be posted on the Court's website, in addition to any
other notice procedures approved by the Court. Notice to be posted on the
Court's website shall contain the following disclaimer:
CONTACT COUNSEL
IDENTIFIED IN THIS NOTICE IF
YOU HAVE ANY QUESTIONS.
DO NOT CONTACT THE COURT.
I. Class Settlements. Parties seeking approval of any class settlement,
voluntary dismissal, or compromise shall provide the Court with sufficient
information for the Court to make findings with respect to the fairness and
reasonableness of the settlement to the class.
J. Collective Actions. Civil actions containing Collective Action claims
involving a group or groups of multiple plaintiffs who may elect to join or "opt into"
the action as plaintiffs, e.g., The Age Discrimination in Employment Act, 29
U.S.C. 621, et seq., or the Fair Labor Standards Act, 29 U.S.C. 201 et seq., shall
be managed to the extent practicable in accordance with the provisions of LCvR
23, subject to the following:
1. The caption of a Complaint asserting a Collective Action claim shall
include in the legend "Complaint -- Collective Action." If not included in the
Complaint, a statement shall be filed with the Complaint under a separate
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Western District of Pennsylvania
heading styled "Collective Action Statement," which shall contain the
following:
a. the proposed definition of the alleged Collective Action;
b. the size (or approximate size) of the alleged Collective Action;
and
c. the questions of law or fact claimed to be common to the
Collective Action.
2. LCvR 23.H shall not apply to Collective Action claims.
3. If a Complaint seeking class certification of Class Action claims also
asserts Collective Action claims, the Class Action claims shall be governed
by LCvR 23.
Comment (June 2008)
Counsel should acquaint themselves with the requirements of Fed. R. Civ. P. 23, the
accompanying advisory committee notes, and the latest version of the Manual on Complex
Litigation with respect to discovery and other practices in class actions.
