JAN j 6 2010 - United States District Court

the findings required by that subdivision.
3-r-(c) In ruling on any motion by a putative class action plaintiff for a
determination under Federal Rule of Civil Procedure 23(c)(l) as to
whether an action is to be maintained as a class action, 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.
4-r(d) The foregoing provisions shall apply, with appropriate adaptations,
to any counterclaim or crossclaim alleged to be brought for or against a
class.
Effective Dec. 1, 1994; amended effective April 15, 1996; April 15,
2001; April 15, 2004; April 15, 2007.
Authority
(1993) Former Local Rule 19. Renumbered per Model Rules. In accordance
with Model Rule 23.1.
Comments
(1996) Local Rule 23.1 has been amended to delete Sections B and C in
their entirety. Sections B and C of Local Rule 23.1 had been modeled
verbatim from the Manual for Complex Litigation App. Sec. 1.41. Section
B barred counsel for parties in class actions to communicate directly or
indirectly with potential or actual class members without advance
approval from the Court. Section C created exceptions for
attorney-client communications initiated by a client or a prospective
client, and communications by public officials in the regular course of
business or in the performance of their duties.
Section B has been deleted to conform to the United States Supreme
Court's ruling in Gulf Oil Co. v. Bernard, 452 U.S. 89 (1981) . In that
case the Supreme Court found that a district court order using language
identical to Sections B and C was inconsistent with the general policies
embodied in Federal Rule of Civil Procedure 23. The Court held that any
order limiting communications between parties and potential class members
"should be based on a clear record and specific findings that reflect a
weighing of the need for a limitation and the potential interference with
the rights of the parties." Id. at 101. Because Gulf Oil requires that
such orders be issued on a case-by-case basis, the general prohibition of
Section B is unacceptable.
In light of the deletion of Section B, the exceptions to that section
created by Section C have also been deleted.
(2001) Corrects typographical error.
(2004) Local Rule 23.1.3 is amended to delete the requirement that a
50