CLASS ACTIONS

(1) (2) (3) (b) (ii) (iii) The complaint shall bear the caption "Complaint - Class Action" next to, or under, the style of the case. The complaint shall contain a separate paragraph captioned "Class Action Allegations" which shall set forth, inter alia: (a) 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; and Allegations in support of this claim, including, but not necessarily limited to: (i) the size (in numbers) or approximate size and definition of the alleged and proposed class; the basis upon which the plaintiff claims (a) to be an adequate representative of the class, or (b) if the class is composed of defendants, the named defendant (or the basis upon which plaintiff claims that defendants) is an adequate representative of the class; the specific questions of law and fact claimed to be common to any class alleged; and in actions claimed to be maintainable as class actions under Fed.R.Civ.P. 23(b)(3), allegations in support of the findings required by that subdivision. The deadline for filing a motion for class certification will be set in the Final Scheduling Order (see Local Rule 26.1(13 . The motion shall particularize the facts believed to warrant class or subclass certification and indicate if those facts have been established by stipulations, admissions, or discovery.

If a hearing is believed necessary, the motion shall so state. The other parties shall respond to said motion within fourteen (14) days specifically admitting or denying the facts alleged and setting forth any additional or contrary facts believed pertinent to the class action determinations required. Such responses shall also state whether a hearing is believed necessary. Both the motion and responses shall be accompanied by a memorandum of law covering all issues relating to class certification.

In ruling upon such a motion, the Court may allow the action to be so maintained, strike the class action allegations, or postpone the determination pending further discovery or other preliminary proceedings. Whenever possible, where it is held that the determination should be postponed, a date will be fixed by the Court for renewal of the motion. (iv) Failure to move for class determination and certification by the deadline set in the Final Scheduling Order shall constitute and signify an intentional abandonment and waiver of all class action allegations contained in the complaint and same shall proceed as an individual, non-class action thereafter and shall be transferred by the Clerk from the Class Action Docket to the regular civil docket. If any motion for class determination or certification is filed after the deadline provided in the Final Scheduling Order, it shall not have the effect of reinstating the class allegations unless and until it is acted upon favorably by the Court upon a finding of excusable neglect and good cause.

(4) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or cross-claim alleged to be brought for or against a class. Adopted and effective May 1, 1980 Amended and effective May 1, 2002 Amended November 10, 2009 LOCAL RULE 26.1 OUTLINE FOR FED.R.CIV.P. 26(f) REPORT The Fed.R.Civ.P. 26(f) report filed with the court must contain the parties’ views and proposals regarding the following: (1) Any changes in timing, form, or requirements of mandatory disclosures under Fed.R.Civ.P. 26(a). Date when mandatory disclosures were or will be made. Subjects on which discovery may be needed.

(2) (3) (4) Whether any party will likely be requested to disclose or produce information from electronic or computer-based media. If so: (a) (c) (d) (b) whether disclosure or production will be limited to data reasonably available to the parties in the ordinary course of business; the anticipated scope, cost and time required for disclosure or production of data beyond what is reasonably available to the parties in the ordinary course of business; the format and media agreed to by the parties for the production of such data as well as agreed procedures for such production; whether reasonable measures have been taken to preserve potentially discoverable data from alteration or destruction in the ordinary course of business or otherwise; other problems which the parties anticipate may arise in connection with electronic or computer-based discovery. Date by which discovery should be completed. Any needed changes in limitations imposed by the Federal Rules of Civil Procedure.

Any orders, e.g. protective orders, which should be entered. Any objections to initial disclosures on the ground that mandatory disclosures are not appropriate in the circumstances of the action. Any objections to the proposed trial date. (e) (5) (6) (7) (8) (9) (10) Proposed deadline for joining other parties and amending the pleadings.

(11) Proposed deadline for completing discovery. (Note: In the typical case, the deadline for completing discovery should be no later than sixty (60) days before trial.) (12) Proposed deadline for filing motions other than motions for class certification. (Note: In the typical case, the deadline for filing motions should be no later than sixty (60) days before trial.) (13) Class certification: In the case of a class action complaint, the proposed deadline for the parties to file a motion for class certification. (Note: In the typical case, the deadline for filing motions for class certification should be no later than ninety (90) days after the Fed.R.Civ.P. 26(f) conference.) Effective December 1, 2000.

Amended and effective May 1, 2002 LOCAL RULE 26.2 OUTLINE FOR FED.R.CIV.P. 26(a)(3) PRETRIAL DISCLOSURE SHEET The Fed.R.Civ.P. 26(a)(3) Pretrial Disclosure Sheet filed with the court must contain: (1) (2) (3) (4) The identity of the party submitting information. The names, addresses, and telephone numbers of all counsel for the party. A brief summary of claims and relief sought. Prospects for settlement.

(Note: The Court expects attorneys to confer and explore the possibility of settlement prior to answering these inquiries.) The basis for jurisdiction and objections to jurisdiction. (5) A list of pending motions. (6) A concise summary of the facts (7) All proposed stipulations. (8) (9) The issues of fact expected to be contested.

(10) The issues of law expected to be contested. (11) A list and brief description of exhibits, documents, charts, graphs, models, schematic diagrams, summaries, and similar objects which may be used in opening statement, impeachment closing argument, or any other part of the trial, other than solely for purposes, whether or not they will be offered in evidence. Separately designate those documents and exhibits which the party expects to offer and those which the party may offer. (12) The names, addresses and telephone numbers of witnesses for the party.

Separately identify witnesses whom the party expects to present and those whom the party may call. Designate witnesses whose testimony is expected to be presented via deposition and, if not taken stenographically, a transcript of the pertinent portion of the deposition testimony. (13) The current status of discovery, a precise statement of the remaining discovery and an estimate of the time required to complete discovery. (14) An estimate of the length of trial and suggestions for expediting disposition of the action.

(15) The signature of the attorney. (16) Proof of service. Effective December 1, 2000.