Motion for Certification; Briefs

Within 90 days of filing a class action complaint, or at such other time as the presiding judge by order directs, an attorney for the plaintiff must move for certification. A brief must accompany the motion for certification and must specifically set out the following: (a) the appropriate sections of Fed. R. Civ. P. 23 under which the suit is properly maintainable as a class action; (b) specific factual allegations concerning the alleged class, including: (1) the approximate number of class members; (2) the definition of the class and any subclasses; (3) the distinguishing and common characteristics of class members, such as geography, time, and common financial incentives; (4) questions of law and fact that are common to the class; and (5) in actions asserting a class under Fed. R. Civ. P. 23(b)(3), allegations concerning the findings required by that section; the basis of the named plaintiff’s claim to be an adequate representative of the class, including financial responsibility to fund the action; the basis for determining any required jurisdictional amount; the type and estimated expense of notice to be given to class members and the source of funds from which notice costs will be paid; the discovery necessary for a class certification hearing and the estimated time necessary for such discovery; and (c) (d) (e) (f) (g) all arrangements for payment of plaintiffs’ attorney’s fees 13 Effective September 2, 2025