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Sunday, November 29, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

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.
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