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Thursday, March 28, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 23 - Class Actions

(See Fed. R. Civ. P. 23)

LR 23-1 Document Caption Requirements (See LR 10-2)

The words CLASS ACTION ALLEGATION must be included on the first line of any document proposing or seeking to maintain a class action.

Example CLASS ACTION ALLEGATION COMPLAINT
Product Liability Action (28 U.S.C. § 1332)
DEMAND FOR JURY TRIAL

 

LR 23-2 Pleading Requirements

The filing party must also explain in separately titled and numbered paragraphs within the body of the document:

  1. How this action meets the prerequisites mandated by Fed. R. Civ. P. 23(a);
  2. How this action can be maintained as a class action under Fed. R. Civ. P. 23(b);
  3. The basis on which the party claims either to be an adequate representative of the class; or that the class is comprised of defendants, and that those individuals named as defendants are adequate representatives of the proposed class; and
  4. The question(s) of law and fact alleged to be common to the class.

Amendment History to LR 23
June 1, 2002
LR 23.1 Filed by line removed from example.
June 1, 2006
LR 23.1 Format example modified.
December 1, 2009
LR 23-1 "Demand for Jury Trial" capitalized.
March 1, 2014
LR 23-2(2) Removed the words "the provisions of" after "under."
LR 23-2(3) Changed "upon" to "on."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers