M.D.N.C. LR 23.1

(a) Class Action Complaint. The complaint shall bear next to its caption the

legend, "Complaint -- Class Action." The complaint shall contain under a separate

heading, styled "Class Action Allegations":

(1) A reference to the portion or portions of Rule 23, Fed.R.Civ.P., under

which it is claimed that the suit is properly maintainable as a class action.

(2) Appropriate allegations claimed to justify class treatment, including, but

not necessarily limited to:

(i) the size and definition of the alleged class,

(ii) the basis upon which the plaintiff claims

(A) to be an adequate representative of the class, or

(B) if the class is comprised of defendants, that those

named as parties are adequate representatives of the class,

(iii) the alleged questions of law or fact claimed to be common to the

class, and

(iv) for actions sought to be maintained under Rule 23(b)(3),

Fed.R.Civ.P., allegations thought to support the findings required by

that subdivision.

(b) Motion for Class Action Determination. Within 90 days after the entry of

an initial pretrial order pursuant to the provisions of Fed.R.Civ.P. 16(b) and 26(f), unless

this period is extended by court order, the plaintiff shall file a separate motion for a

determination under Rule 23(c)(1), Fed.R.Civ.P., as to whether the case may be

maintained as a class action. The parties should specifically address the class action

determination as part of the Rule 16 conference and Rule 26(f) report. If a party wishes

to present oral testimony to support or oppose the class action motion, the party must so

inform the Court in its motion or opposition. In ruling upon such a motion, the Court

may allow the action to be so maintained, may disallow and strike the class action

allegations, or may order postponement of the determination pending discovery or such

other preliminary procedures as appear to be appropriate and necessary in the

circumstances. 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.

(c) Class Action Counterclaims or Cross-Claims. The foregoing provisions

shall apply, with appropriate adaptations, to any counterclaim or cross-claim alleged to be

brought for or against a class.

(d) Burden of Proof; Notice. The burden shall be upon any party seeking to

maintain a case as a class action to present an evidentiary basis to the Court showing that

the action is properly maintainable as such. If the Court determines that an action may be

maintained as a class action, the party obtaining that determination shall initially bear the

expenses of and be responsible for giving such notice as the Court may order to members

of the class.