S.D. Ill. SDIL-LR 23.1

(See Fed. R. Civ. P. 23)

(a) Scheduling and Discovery Conference

Proposed class actions pose complex scheduling and discovery issues that

are not addressed by the standard “Joint Report of the Parties and Proposed

Scheduling and Discovery Order.” Accordingly, an initial scheduling and

discovery conference with counsel for all parties may be set by the Court

consistent with SDIL-LR 16.2.

The purpose of the scheduling and discovery conference is for the presiding

judge to identify the length and scope of discovery necessary for the fair

and expeditious determination of whether the case can proceed as a class

action. Discovery prior to class certification must be sufficient to permit the

Court to determine whether the requirements of Fed. R. Civ. P. 23 are

satisfied, including a preliminary inquiry into the merits of the case to

ensure appropriate management of the case as a class action. To ensure that

a class certification decision is issued as soon as practicable, however,

priority shall be given to discovery on class certification issues.

After the scheduling conference, the presiding judge shall enter the

appropriate scheduling and discovery order in light of these concerns.

Either party may move to have a second scheduling and discovery order

entered after resolution of the motion for class certification.

(b) Joint Report

Seven days prior to any scheduling and discovery conference set by the

Court, the parties shall submit a Joint Report of the Parties and Proposed

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Scheduling and Discovery Order (Class Action) consistent with the model

found in the Forms section of the Court’s website. In the event the parties

are unable to agree on a joint scheduling and discovery plan, the parties

should each submit their Proposed Scheduling and Discovery Order, and a

memorandum in support of said order addressing the issues in dispute, 7

days prior to the scheduling and discovery conference. The presiding judge

may adopt a Joint Report or issue a Scheduling and Discovery Order in lieu

of proceeding with the scheduling and discovery conference.

(c) Motion Practice

The timetable for responding to a motion for class certification shall be

established in the Joint Report or Scheduling and Discovery Order issued

by the Court.