CLASS ACTIONS

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), 12 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. LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE (a) Meeting of Parties Under Fed. R. Civ. P. 26(f). Except as otherwise ordered by the Court, the provisions of Fed. R. Civ. P. 26(f), requiring a meeting of parties prior to the scheduling conference, shall apply to all civil actions in the Court subject to the following modifications: (1) The requirements for a meeting of the parties does not apply in cases exempted from the requirements of a scheduling order under LR16(a)(2).

(2) The parties may agree to hold the meeting by telephone. 13 (3) Any meeting of the parties shall be held in time to permit the report of the meeting to be filed with the Court no later than two weeks prior to the date of the scheduling conference. (4) Formal discovery may begin in cases in which no meeting is required without regard to the requirements of Fed. R. Civ. P. 26(d) and (f). (b) Initial Disclosure.

Within the time designated in the Court’s initial order setting the Fed. R. Civ. P. 16 conference, the parties must make the disclosures required by Fed. R. Civ. P. 26(a)(1). Disclosures must be made no later than seven days before the Case Management Conference, unless a different time is set by court order or unless a party objects during the attorney conference and states the objection in the proposed case management order. (c) Withholding Privileged or Protected Information. A party withholding information claimed privileged or otherwise protected must submit a privilege log that contains at least the following information: name of the document, electronically stored information, or tangible things; description of the document, electronically stored information, or tangible thing, which description must include each requisite element of the privilege or protection asserted; date; author(s); recipient(s); and nature of the privilege.

(d) Discovery Deadlines. (1) Unopposed discovery may continue after the applicable deadline for discovery contained in the scheduling order, provided that discovery does not delay other pretrial preparations or the trial setting. Absent exceptional circumstances, no motions relating to discovery, including motions under Fed. R. Civ. P. 26(c), 29, and 37, shall be filed after the expiration of the discovery deadline, unless they are filed within seven days after the discovery deadline and pertain to conduct occurring during the final seven days of discovery. (2) Written discovery is not timely unless the response to that discovery would be due before the discovery deadline.

The responding party has no obligation to respond and object to written discovery if the response and objection would not be due until after the discovery deadline. Discovery depositions must be completed before the discovery deadline. 14 Notices served before the discovery deadline which purport to schedule depositions after the discovery deadline will not be enforced.