Friday, June 25, 2010

Oil Spill | Florida Middle District Local Rules on Class Actions

Florida Oil Spill Class Action
A Lawyer at Florida Oil Spill .com has spent some time this week reviewing the United States District Court Middle District of Florida Class Action Local Rules that Attorneys must follow.  The class action rule requires that a  "motion shall contain a detailed description or definition of the class (and sub-classes, if any), and the number of persons in the class" We present the Florida Middle District class action rule in its entirety below. The rules are quite detailed and precisely outline the technical requirements for such cases:

"RULE 4.04 CLASS ACTIONS

(a) In any case sought to be maintained as a class action pursuant to Rule 23, Fed.R.Civ.P., the complaint shall contain, under a separate heading styled "CLASS ACTION ALLEGATIONS", detailed allegations of fact showing the existence of the several prerequisites to a class action as enumerated in Rule 23(a) and (b), Fed.R.Civ.P.

(b) Within ninety (90) days following the filing of the initial complaint in such an action, unless the time is extended by the Court for cause shown, the named plaintiff or plaintiffs shall move for a determination under Rule 23(c)(1) as to whether the case is to be maintained as a class action. The motion shall be supported by a memorandum as required by Rule 3.01(a) of these rules; and, in addition to a showing of the prerequisites as required by subsection (a) of this rule, the motion shall contain a detailed description or definition of the class (and sub-classes, if any), and the number of persons in the class. If a determination is sought that the action shall be maintained under Rule 23(b)(3), the motion shall also suggest a means of providing, and defraying the cost of, the notice required by Rule 23(c)(2), Fed.R.Civ.P. If discovery relating to class action issues is needed, the parties may move the Court for leave to take such discovery prior to the case management meeting.

(c) In ruling upon a motion made under subsection (b) of this rule, the Court may allow the class action, may disallow and strike the class action allegations, or may order postponement of the determination pending additional discovery or such other preliminary procedures as may appear appropriate in the circumstances.

(d) The foregoing provisions of this rule shall apply, with appropriate adaptations, to any complaint alleged to be brought against a class, and to counterclaims or cross-claims brought for a class. "

The Middle District of Florida's Rules on Class Actions apply, in addition to the the Federal Rules of Civil Procedure. W.F. "Casey" Ebsary, Jr. has been a member of the United States District Court in the Middle District of Florida Bar since April 19, 1991.