W.D.N.Y. Loc. R. Civ. P. 23

(a) Caption. Any pleading purporting to commence a class action shall include the term

“Class Action” next to its caption.

(b) Contents. After stating the jurisdictional grounds for the claims, the complaint or other

pleading shall set forth, under the heading “Class Action Allegations”:

(1) the portion(s) of Fed. R. Civ. P. 23 under which it is claimed the action is properly

maintained as a class action; and

(2) allegations thought to justify the claim, including, but not limited to:

(A) the size (or approximate size) and definition of the class;

(B) the basis on which the party or parties claim to adequately represent the

class;

(C) the alleged questions of law and fact claimed to be common to the class;

and

(D) in actions claimed to be maintainable under Fed. R. Civ. P. 23(b)(3),

allegations thought to support the findings required by that subsection.

(c) Scheduling. After the initial pretrial conference, pursuant to Fed. R. Civ. P. 16(b), the

Court shall issue a scheduling order providing deadlines for, among other things, orderly

discovery and motions. The initial order may address only discovery relevant to the

motion for class certification, with a further order to issue after a determination on the

certification motion.

(d) Certification Motion. On or before the deadline established in the scheduling order, the

party seeking class certification shall move for a determination under Fed. R. Civ. P.

23(c)(1). The motion shall include, but not necessarily be limited to, the following:

(1) a brief statement of the case;

(2) a statement defining the class sought to be certified, including its geographical and

temporal scope;

(3) a description of each party’s particular grievance and why that claim qualifies the

party as a member of the class as defined;

(4) a statement describing any other pending actions in any court against the same

defendant(s) that allege the same or similar causes of actions, about which the party

or counsel seeking class action certification is personally aware;

(5) a statement of any other matters that the movant deems necessary and proper to

expedite a decision on the motion and resolution of the case on the merits.

Responses to certification motions shall be in accordance with the requirements of

these Local Rules.

(e) Abandonment. Failure to move for class determination and certification on or before the

deadline established in the scheduling order shall constitute an intentional abandonment

and waiver of all class action allegations contained in the pleading, and the action shall

proceed thereafter as an individual, non-class action. If any motion for class determination

or certification is filed after the deadline, it shall not have the effect of reinstating the class

allegations unless and until it is acted upon favorably by the Court upon a finding of

excusable neglect and good cause.

(f) Notice. If the Court determines that an action may be maintained as a class action, the

party obtaining that determination shall, unless otherwise ordered by the Court, initially

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

members of the class.

(g) Amendments. No class action allegation of a certified class shall be withdrawn, deleted,

or otherwise amended without Court approval.

(h) Applicability. The foregoing provisions shall apply, with appropriate adaptations, to any

counterclaim or cross-claim brought for or against a class.