MOTION FOR CLASS CERTIFICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

Case No.: [________________________________]

Judge: [________________________________]

[________________________________],
individually and on behalf of all others similarly situated,

Plaintiff(s),

v.

[________________________________],

Defendant(s).

PLAINTIFF'S MOTION FOR CLASS CERTIFICATION

Plaintiff [________________________________] ("Plaintiff"), individually and on behalf of all others similarly situated, respectfully moves this Court for an Order:

1. Certifying this action as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3) [and/or 23(b)(1) and/or 23(b)(2)];

2. Appointing Plaintiff [________________________________] as Class Representative;

3. Appointing [________________________________] as Class Counsel pursuant to Rule 23(g); and

4. Approving Plaintiff's proposed form and manner of class notice.

This Motion is based upon this Motion, the accompanying Memorandum of Points and Authorities, the Declaration(s) of [________________________________], all pleadings and papers on file in this action, and any evidence and argument presented at the hearing on this Motion.

I. INTRODUCTION

Plaintiff respectfully requests that the Court certify the following Class:

Class Definition: All persons in the United States who [________________________________] during the period from [__/__/____] through [__/__/____] (the "Class Period").

Excluded from the Class: Defendant(s), their officers, directors, employees, agents, legal representatives, heirs, successors, assigns, and any entity in which Defendant(s) have a controlling interest; all judges assigned to this litigation and any members of their immediate families; and all persons who timely and validly request exclusion from the Class.

II. STATEMENT OF FACTS

A. Background of the Litigation

1. [________________________________]

2. [________________________________]

3. [________________________________]

B. Defendant's Conduct

4. [________________________________]

5. [________________________________]

C. Plaintiff's Experience as Representative of the Class

6. Plaintiff [________________________________] is a member of the proposed Class.

7. On or about [__/__/____], Plaintiff [________________________________].

8. [________________________________]

D. Evidence of Classwide Harm

9. [________________________________]

10. [________________________________]

III. LEGAL STANDARD

Class certification is governed by Federal Rule of Civil Procedure 23. A plaintiff seeking class certification must demonstrate that the proposed class satisfies the four prerequisites of Rule 23(a): (1) numerosity, (2) commonality, (3) typicality, and (4) adequacy of representation.

In addition, the plaintiff must demonstrate that the proposed class satisfies at least one of the three requirements of Rule 23(b).

"[T]he court's task is to determine whether 'the evidence is sufficient to demonstrate that the issues are 'susceptible to classwide proof.'" In re Deepwater Horizon, 739 F.3d 790, 810 (5th Cir. 2014).

IV. ARGUMENT

A. The Proposed Class Satisfies Rule 23(a)

1. Numerosity - Rule 23(a)(1)

Rule 23(a)(1) requires that "the class is so numerous that joinder of all members is impracticable."

☐ The proposed Class consists of approximately [________________________________] members.

☐ Evidence supporting numerosity:
- [________________________________]
- [________________________________]
- [________________________________]

☐ Joinder is impracticable because:
- [________________________________]
- [________________________________]

Courts generally find numerosity satisfied when the class exceeds 40 members. See, e.g., Consol. Rail Corp. v. Town of Hyde Park, 47 F.3d 473, 483 (2d Cir. 1995). Here, the Class far exceeds this threshold.

2. Commonality - Rule 23(a)(2)

Rule 23(a)(2) requires "questions of law or fact common to the class." The Supreme Court has clarified that plaintiffs must demonstrate that the class members "have suffered the same injury" and that their claims "depend upon a common contention" that is "capable of classwide resolution." Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011).

Common questions of law and fact include:

☐ Whether Defendant engaged in [________________________________];
☐ Whether Defendant's conduct was [________________________________];
☐ Whether Defendant's representations were [________________________________];
☐ Whether Defendant knew or should have known [________________________________];
☐ Whether Class members suffered injury as a result of Defendant's conduct;
☐ The appropriate measure of damages;
☐ Whether Plaintiff and Class members are entitled to injunctive relief;
☐ [________________________________]

These common questions "are capable of classwide resolution" because [________________________________].

3. Typicality - Rule 23(a)(3)

Rule 23(a)(3) requires that "the claims or defenses of the representative parties are typical of the claims or defenses of the class."

Plaintiff's claims are typical because:

☐ Plaintiff was subjected to the same [________________________________] as Class members;
☐ Plaintiff's claims arise from the same course of conduct by Defendant;
☐ Plaintiff's legal theories are identical to those of the Class;
☐ Plaintiff suffered the same type of injury as Class members;
☐ [________________________________]

Typicality does not require that the representative plaintiff's claims be identical to those of the class. See Hanlon v. Chrysler Corp., 150 F.3d 1011, 1020 (9th Cir. 1998).

4. Adequacy - Rule 23(a)(4)

Rule 23(a)(4) requires that "the representative parties will fairly and adequately protect the interests of the class."

a. Adequacy of Proposed Class Representative

Plaintiff is an adequate Class Representative because:

☐ Plaintiff has no conflicts of interest with the Class;
☐ Plaintiff has a sufficient stake in the outcome of this litigation;
☐ Plaintiff has actively participated in the prosecution of this case;
☐ Plaintiff is willing to represent the Class throughout the litigation;
☐ Plaintiff understands the duties and responsibilities of a class representative;
☐ [________________________________]

See Declaration of [________________________________], attached as Exhibit [____].

b. Adequacy of Proposed Class Counsel

Proposed Class Counsel is qualified to serve as Class Counsel because:

☐ Counsel has extensive experience in class action litigation;
☐ Counsel has successfully prosecuted and resolved similar class actions;
☐ Counsel has committed substantial resources to this litigation;
☐ Counsel has demonstrated the ability to litigate this case competently;
☐ [________________________________]

See Declaration of [________________________________], attached as Exhibit [____] (counsel's resume and case history).

B. The Proposed Class Satisfies Rule 23(b)(3)

Rule 23(b)(3) requires that "questions of law or fact common to class members predominate over any questions affecting only individual members" and that "a class action is superior to other available methods for fairly and efficiently adjudicating the controversy."

1. Predominance

Common questions predominate over individual questions because:

☐ Defendant's conduct was uniform across all Class members;
☐ The legal issues presented are common to the Class;
☐ Liability can be established through common proof;
☐ Damages can be calculated on a classwide basis using [________________________________];
☐ Individual issues, if any, can be resolved through subclasses or individualized proceedings after common issues are resolved;
☐ [________________________________]

Damages Methodology

Plaintiff's damages expert, [________________________________], has developed a reliable methodology for calculating classwide damages that includes:

• [________________________________]
• [________________________________]
• [________________________________]

See Expert Report of [________________________________], attached as Exhibit [____].

This methodology "measures only those damages attributable to" Defendant's alleged wrongful conduct and is consistent with Plaintiff's theory of liability. See Comcast Corp. v. Behrend, 569 U.S. 27, 35 (2013).

2. Superiority

A class action is superior to other available methods for adjudicating this controversy because:

☐ Interest in Individually Controlling Prosecution: Individual Class members have little interest in individually controlling the prosecution of separate actions because the individual stakes are relatively small compared to the cost of litigation;

☐ Extent and Nature of Litigation Elsewhere: Plaintiff is not aware of any other litigation concerning this controversy already pending by or against individual Class members;

☐ Desirability of Concentrating Litigation: It is desirable to concentrate this litigation in this forum because [________________________________];

☐ Manageability: The class action is manageable because:
- Common issues predominate;
- Efficient notice can be provided to Class members;
- Defendant maintains records that can identify Class members;
- [________________________________]

C. Alternative: Certification Under Rule 23(b)(1) and/or (b)(2)

In the alternative, or in addition to certification under Rule 23(b)(3), Plaintiff requests certification under:

☐ Rule 23(b)(1)(A): Prosecuting separate actions would create a risk of inconsistent adjudications that would establish incompatible standards of conduct for Defendant.

☐ Rule 23(b)(1)(B): Adjudications with respect to individual Class members would substantially impair or impede the ability of other Class members to protect their interests.

☐ Rule 23(b)(2): Defendant has acted or refused to act on grounds that apply generally to the Class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the Class as a whole.

V. PROPOSED CLASS NOTICE

Plaintiff has attached a proposed Class Notice as Exhibit [____]. The proposed notice complies with Rule 23(c)(2)(B) and includes:

☐ A description of the nature of the action;
☐ The definition of the class certified;
☐ The class claims, issues, or defenses;
☐ Information about class counsel and how to contact them;
☐ Information about the right to enter an appearance through an attorney;
☐ Information about the right to be excluded from the class;
☐ The time and manner for requesting exclusion;
☐ The binding effect of a class judgment on members.

Proposed Method of Notice

Plaintiff proposes the following notice plan:

☐ Direct mail notice to Class members identifiable through Defendant's records;
☐ Email notice to Class members with known email addresses;
☐ Publication notice in [________________________________];
☐ Internet banner advertising;
☐ Dedicated settlement/class action website;
☐ [________________________________]

VI. CONCLUSION

For the foregoing reasons, Plaintiff respectfully requests that the Court:

1. Certify this action as a class action pursuant to Federal Rule of Civil Procedure 23;

2. Define the Class as set forth above;

3. Appoint Plaintiff [________________________________] as Class Representative;

4. Appoint [________________________________] as Class Counsel; and

5. Approve Plaintiff's proposed form and manner of class notice.

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
Attorneys for Plaintiff and the Proposed Class

By: [________________________________]
[Attorney Name], Esq.
[Bar Number]
[Firm Name]
[Address]
[City, State ZIP]
[Telephone]
[Email]

EXHIBITS

☐ Exhibit A: Declaration of [________________________________] (Proposed Class Representative)
☐ Exhibit B: Declaration of [________________________________] (Class Counsel)
☐ Exhibit C: Expert Report of [________________________________] (Damages Expert)
☐ Exhibit D: Proposed Class Notice
☐ Exhibit E: Proposed Notice Plan
☐ Exhibit F: [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing MOTION FOR CLASS CERTIFICATION to be served upon all counsel of record via:

☐ CM/ECF Electronic Filing System
☐ First Class U.S. Mail
☐ Email

to the following:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
Signature

This template is for informational purposes only and does not constitute legal advice.