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ARTICLE · 17 JANUARY 2019

Ninth Circuit Invalidates Local Rule Requiring Class Certification Motions To Be Brought Within 90 Days

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Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint.

United StatesLitigation, Mediation & Arbitration
Neal Marder
Neal Marder
Ashley Vinson Crawford
Ashley Vinson Crawford
Michael Stortz
Michael Stortz
Hyongsoon Kim
Hyongsoon Kim
Markos C. Generales
Markos C. Generales
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Key Points

  • Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint.
  • The 9th Circuit in ABS Entertainment overturned Local Rule 23-3's applicability as "incompatible" with Federal Rule of Civil Procedure 23.
  • Parties have one less tool in their toolkit to push for early class certification discovery.

The 9th Circuit recently invalidated the Central District of California's Local Rule that requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint as "incompatible" with the Federal Rules of Civil Procedure. See ABS Entm't, Inc. v. CBS Corp., 908 F.3d 405 (9th Cir. 2018).

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