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Case 2 05-cv-04182-SRD-JCW Document 13166 Filed 05/15/2008 Page 1 of 32 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE KATRINA CANAL BREACHES CONSOLIDATED LITIGATION PERTAINS TO BARGE Boutte v. Lafarge Mumford v. Ingram Lagarde v. Lafarge Perry v. Ingram Benoit v. Lafarge Parfait Family v. USA Lafarge v. USA 05-5531 05-5724 06-5342 06-6299 06-7516 07-3500 07-5178 CIVIL ACTION NO.

How to fill out plaintiffs motion to certify

How to fill out Plaintiff’s Motion to Certify the Class and Subclasses

1. Begin by identifying the court where the case is filed.
2. Title the motion as 'Plaintiff’s Motion to Certify the Class and Subclasses'.
3. Include a brief introduction stating the purpose of the motion.
4. Define the proposed class and subclasses clearly, including the criteria for membership.
5. Explain the commonality of issues among the class members.
6. Demonstrate that the claims of the representative parties are typical of the claims of the class.
7. Show that the representative parties will adequately protect the interests of the class.
8. Provide evidence and legal arguments supporting the motion, including citations to relevant statutes and case law.
9. Include a proposed order for the court's consideration.
10. Sign and date the motion, and file it with the court along with any required supporting documents.

Who needs Plaintiff’s Motion to Certify the Class and Subclasses?

1. Plaintiffs seeking to represent a group of individuals with similar claims against a defendant in a class action lawsuit.
2. Attorneys representing clients in cases where class action certification is appropriate.
3. Individuals or groups facing common legal issues that warrant collective action.

People Also Ask about

What does motion for class certification mean?

To certify a class, a court generally needs to find that the proposed class is 1) numerous; 2) presents common questions; 3) that the class representative's claims are typical of the class' claims; and 4) that the class representative is an adequate representative.

What is a class action motion?

A class action is a procedural device that allows one or more persons, usually plaintiffs (though federal and state procedural rules also authorize defendant classes) to file suit on behalf of a group of similarly situated persons.

Can a defendant move to certify a class?

defendant may move for a determination of whether the action may be certified under Rule 23(c)(1)”); Cook County College Teachers Union v. Byrd, 456 F. 2d 882, 885 (7th Cir. 1972)(“One opposing a class action may move for an order determining that the action may not be maintained as a class suit.”).

Do you actually get money from class action settlements?

In most lawsuits, the plaintiff files a complaint on his or her own behalf. But in a class-action lawsuit, one or multiple plaintiffs bring a claim on behalf of a larger group. The larger group is called the “class.” Therefore, class-action certification is the process of defining the class.

What is a class certification motion?

To certify a class, a court generally needs to find that the proposed class is 1) numerous; 2) presents common questions; 3) that the class representative's claims are typical of the class' claims; and 4) that the class representative is an adequate representative.

What does it mean to certify a class action?

If the lead plaintiff's attorney is able to show that the proposed Class meets the requirements for class certification the court will issue an order certifying the Class. The procedure for class certification can act as a mini-trial in which the allegations are examined and argued by each side's attorneys.

For pdfFiller’s FAQs

What is Plaintiff’s Motion to Certify the Class and Subclasses?

Plaintiff’s Motion to Certify the Class and Subclasses is a legal request made by the plaintiff in a class action lawsuit, seeking the court's approval to define a class of individuals who have similar claims or grievances against the defendant, as well as any subclasses within that group.

Who is required to file Plaintiff’s Motion to Certify the Class and Subclasses?

The plaintiff or plaintiffs in a class action lawsuit are required to file the Motion to Certify the Class and Subclasses, usually through their legal representation.

How to fill out Plaintiff’s Motion to Certify the Class and Subclasses?

To fill out the Motion to Certify the Class and Subclasses, the plaintiff must provide a detailed description of the proposed class, the claims being asserted, the legal grounds for certification, and any relevant evidence supporting the claim of commonality among class members.

What is the purpose of Plaintiff’s Motion to Certify the Class and Subclasses?

The purpose of the Motion to Certify the Class and Subclasses is to obtain court approval for the group of individuals to be treated as a class for litigation purposes, ensuring that their claims can be adjudicated collectively rather than individually.

What information must be reported on Plaintiff’s Motion to Certify the Class and Subclasses?

The Motion must report information including the definition of the class and subclasses, the number of members in the class, the common questions of law or fact, the typicality of the claims, the adequacy of the representation, and any supporting evidence or documentation.